Only the board may remove a student from the school environment for more than ten (10) consecutive school days.
Students may be expelled for violations of board policy, school rules or the law. It is within the discretion of the board to discipline a student by using an expulsion for a single offense or for a series of offenses depending on the nature of the offense and the circumstances surrounding the offense.
It is within the discretion of the superintendent to recommend to the board the expulsion of a student for disciplinary purposes. Only the board may take action to expel a student and to readmit the student. The principal will keep records of expulsions in addition to the board's records.
When a student is recommended for expulsion by the board, the student is provided with:
1. Notice of the reasons for the proposed expulsion;
2. The names of the witnesses and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the superintendent;
3. An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student's behalf;
4. The right to be represented by counsel; and
5. The results and finding of the board in writing open to the student's inspection.
In addition to these procedures, a special education student must be provided with additional procedures. A determination should be made of whether the student is actually guilty of the misconduct. A staffing team should determine whether the student's behavior is caused by the student's disability and whether the conduct is the result of inappropriate placement. Discussions and conclusions of this meeting should be recorded.
If the special education student's conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent and pursuant to the school district's expulsion hearing procedures. If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district.
Legal Reference: Goss v. Lopez, 419 U.S. 565 (1975). Wood v. Strickland, 420 U.S. 308 (1975). Southeast Warren Comm. School District v. Dept. of Public Instruction, 285
N.W.2d 173 (Iowa 1979). Iowa Code §§ 21.5; 282.3, .4, .5. 281 I.A.C. 12.3(6).
Approved: December 4, 2023: August 26, 2024
Reviewed: April 6, 1981; January 19, 1987; January 16, 1989; November 17, 1997, March 15, 2010; March 21, 2011; January 19, 2015; August 19, 2019; December 4, 2023; August 26, 2024
Revised: December 4, 2023; August 26, 2024