Only the board may expel a student from the school environment. The removal for an extended period of time, of a student from the school environment, which includes, but is not limited to, classes and activities, is an expulsion from school.
It shall be 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 shall be within the discretion of the administration 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 shall keep records of expulsions in addition to the board’s records.
When a student is recommended for expulsion by the board, the student shall be provided with:
1. Clear 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;
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;
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 the following procedures:
1. Determine whether the student is actually guilty of the misconduct;
2. A staffing team should determine whether the student’s behavior is caused by the student’s handicap and whether the conduct is the result of inappropriate placement. Discussions and conclusions of the meeting should be recorded;
3. If the handicapped student’s conduct is not caused by the handicap; the student may be expelled or suspended for a long-period following written notice to the parent and pursuant to the district’s expulsions hearing procedures;
4. If the misconduct is caused by the handicap and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district;
5. If a change in placement is not recommended, a determination must be made as to how to cope with the student and the failure.
Legal Reference: Goss v Lopez, 419 U.S. 565, 95 S.Ct. 729 (1975).
Wood v Strickland, 95 S.Ct. 992 (1975).
Southeast Warren Comm. School District v DPI, 285 N.W.2d 173 (Iowa 1979).
Iowa code §§21.5, 282.3, .4, .5 (1991).
281 Iowa Admin. Code 11.3(5).
281 Iowa Admin. Code 41.2(1), 12.3(8).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
Approved: 4-13-92
Reviewed: 12-10-18
Revised: 2-14-96
