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NO. 95-307

IN THE SUPREME COURT OF THE STATE OF MONTANA
1995

RAYMOND G. BECKY and MARGE
BECKY,individually and in behalf of their
son ROBERT BECKY, and ROBERT BECKY,as a Petitioner himself,
Petitioners and Appellants,
v.
BUTTE-SILVER BOW SCHOOL DISTRICT NO. 1,ROBERT MILLER, and DAN PETERS, individuallyand in their capacities as officers ofButte-Silver Bow School District No. 1,
Respondents and Respondents.
APPEAL FROM: District Court of the Second Judicial District,In and for the County of Silver Bow,The Honorable James E. Purcell, Judge presiding
COUNSEL OF RECORD:
For Appellant:
Alan F. Blakley, Attorney at Law,Missoula, Montana
For Respondent:
Patrick M. Sullivan, Poore, Roth &
Robinson,Butte, Montana
Submitted on Briefs: October 26, 1995
Decided: November 21, 1995 Filed: Justice Terry N. Trieweiler
delivered the opinion of the Court.


Ray and Marge
Becky, individually, and on behalf of their son, Robert, filed a petition for a writ of mandate with the District Court for the Second Judicial District in Silver Bow County in which they sought an order directing Butte-Silver Bow School District No. 1 to provide them with documents related to denial of Robert's membership in the National Honor Society. The District Court issued an alternative writ of mandate and scheduled a show cause hearing. After the hearing, the District Court denied the Beckys' petition and quashed the alternative writ of mandate. The Beckys appeal the District Court's order. We affirm the order and judgment of the District Court.
The issue on appeal is: Did the District Court err when it denied the Beckys' petition for a writ of mandate? FACTUAL BACKGROUND
Robert Becky is a graduate of Butte High School. During his senior year of high school (1994-19951,
he became a candidate for membership in the National Honor Society by virtue of his grade point average.
The National Honor Society is an honorary organization sponsored by the National Association of Secondary School Principals to recognize outstanding high school students. It is a nonmandatory organization in which students are selected for membership by high school faculty who voluntarily evaluate the
students based on their academic achievements, leadership abilities, character, and service to their school.
Students with grade point averages of 3.3 or above, out of a possible 4.0, are eligible to become members of the National Honor Society. The names of those students who qualify academically are submitted to the participating faculty, who rate the applicants in the nonacademic categories of character, leadership, and service to the school. The teacher evaluations are submitted to a faculty council, which combines the numerical faculty evaluations for each student to arrive at a National Honor Society grade point average. The council then combines the National Honor Society grade point average with the student's academic grade point average, and offers membership to those students who meet the National Honor Society requirements.
The participation of Butte High's students and faculty in the National Honor Society is voluntary, and the school's principal does not consider these activities to be official business of the school. The National Honor Society's faculty evaluation process is done anonymously and confidentially, and the evaluation forms are not maintained by the school. In fact, there are no records kept by the school that pertain to the National Honor Society or that indicate whether a student is a member of that organization.
Robert Becky's name was submitted to the faculty of Butte High School for potential membership in the National Honor Society during his senior year. However, four of the teachers who rated Robert gave him low enough scores that he did not meet the
organization

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Montana Law