The Board of Directors, following a recommendation of the Superintendent or his/her designee, may suspend a student for a period of time to be determined by the Board or may expel a student from school. Written notice of the charges prompting the administrative recommendation and notice of the District policy, rule or regulation alleged to have been violated or a statement that the recommendation is for repeated violations of District rules shall be mailed or delivered personally to the parent or guardian and to the President of the Board. The notice shall also give the time and place for a hearing before the Board of Directors. The hearing shall be scheduled for a time within ten (10) school days after the notice has been mailed or delivered, if practicable.
The hearing shall be before a majority of the members of the Board. The student may be accompanied to the hearing or be represented by parents, guardians, legal counselor or other representative of the student's choice. The administration and/or the Board may also be advised by legal counsel or other representatives of their choice.
The hearing shall follow the outline as set out below as nearly as possible:
- The administration shall present evidence in support of the recommendation. The student shall have the opportunity to cross-examine any witnesses called by the administration.
- The student may present evidence to refute the recommendation. The administration shall have the opportunity to cross-examine any witnesses called by the student.
- The parties may present rebuttal evidence.
- The administration may make a brief closing statement.
- The student may make a brief closing statement.
The hearing shall be administrative in nature and shall not be governed by formal rules of evidence or procedure. The Board of Directors shall not be required to compel the attendance of witnesses to give testimony at the hearing. If any participant at the hearing conducts himself/herself in a disruptive manner, the Board may exclude the participant and proceed with the hearing.
The hearing shall be in closed session of the Board of Directors unless an open session is requested by the student or the student's parent or guardian if the student is a minor. In the event an open session is requested, it shall be deemed a waiver of confidentiality of any information regarding the student used at the hearing.
If the student or his/her representative fails to appear at the hearing, or if the student desires to make no response, the administration shall nevertheless submit evidence in support of the recommendation.
A transcript and/or tape recording shall be made of the hearing.
At the conclusion of the hearing, the Board shall consider all relevant evidence introduced at the hearing and shall make a decision. The Board shall then meet in open session and by roll call vote entered in the minutes, make a decision on the merits. The Board may adopt, modify, or deny the administration's recommendation. Written findings of fact and conclusions of law shall be sent to or personally delivered to the parent or guardian or student or his/her representative within ten (10) school days of the decision.
At the time of suspension or expulsion, the Board may determine whether the student should have access to alternative programs or whether the student should be excluded from all programs of the District.
A student may be readmitted to school following a long-term suspension or expulsion only by or upon the direction of the Board of Directors.
A student or parent has the right to appeal the Board's decision as provided in Chapter 290 of the Code of Iowa.
If the student has been identified as a child requiring special education, the Board shall not suspend or expel the student without complying with requirements of law relating to special education. In such cases, the IEP team shall determine if the behavior is a manifestation of the student’s disability. A student eligible for special education shall not be expelled or have a long-term suspension imposed if the behavior is a manifestation of the disability. If the behavior is not a manifestation of the disability, a long-term suspension or expulsion may be considered, but an appropriate alternative program shall be provided. The Board shall be provided pertinent special education records when considering the suspension or expulsion recommendation.
Date of Last Review: October 14, 2019
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Date of Revision: October 14, 2019
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Legal References: 20 U.S.C. §1415; 123.47B, Chapter 124, 279.8, 279.9, 279.9A, 279.9B, 279.58, 279.66, 280.3, 280.8, 280.9B, 280.14, 280.17A, 280.17B, 280.21, 280.21B, 280.22, 280.24, 280.25, 280.26, 282.3, 282.4, 282.5, 285.10, Chapter 287, 299.1, 299.1A, 299.1B, 299.8, 299.9, 708.1, 724.4A, 724.4B, Code of Iowa; 281 I.A.C. Chapter 6, Chapters 12, 36, 41, 102, 103
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