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The best answer is that it depends.

It all depends on your directors actions - were they discriminatory in nature? What were his motivations?

Generally, a band director can make his or her students run for punishment. There is nothing saying that you have to be in band. If he is acting in good faith, his disciplinary path will likely be upheld.

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Q: Is it legal for a band director to make his or her students run for punishment?
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