The constitutional rights of individuals assure the protection of due process of law, therefore, this system of constitutionally and legally sound procedures is developed with regard to the administration of discipline in the Linn-Mar Community School District. This document is not intended to outline specific rules regarding misconduct for which a student could be expelled, but instead to provide the framework for a fair and orderly method of handling all problems of misconduct.
SCHOOL BOARD ACTION
- The school board may, by a majority vote, expel any student from school for a violation of the rules and regulations approved by the board or when the presence of the student is detrimental to the best interests of the school.
- Upon the recommendation of the superintendent [or designee] the board may expel a student for violation of school rules or repeated infractions of school rules; or when the presence of the student will cause substantial interference with the maintenance of the educational environment or the normal operation of the school.
- The superintendent, the student, or the student’s representative may request a hearing before the school board. The hearing may be in closed session at the request of the student and/or their parents.
HEARING PROCEDURES
- A written statement of the alleged misconduct given as grounds for the proposed board expulsion will be given to the student’s parents at least five calendar days before the hearing. The statement will include the names of the school officials and teachers having knowledge of the proposed reasons for expulsion. The written statement will be accompanied by a copy of the board policies and rules pertaining to procedures for student expulsions.
- A written notice will be sent by certified mail to the student’s parents at least three days before the hearing. This notice will contain the date, time, and place of the hearing. This provision may be waived by written agreement of the parties.
- If the student’s parents cannot be notified or cannot be present at the hearing because of extenuating circumstances and request a postponement, the board may postpone the hearing until the parents are notified and available to be present. Such requests for postponement should be made at least 48 hours prior to the scheduled hearing time.
- If the student, their parents, or their representative do not request postponement for cause and are not present at the time and place scheduled in the hearing notice, the hearing will proceed without them. In such an event the record will show a factual determination by the school board that sufficient and proper notice was given to the parties and no postponement was requested.
- Permission will be granted for the appearance of counsel or other representation.
- An opportunity will be granted prior to the hearing for the student, or their representative, to examine copies of documents to be used as evidence. Permission will be granted for the student, or their representative, to discuss the matter with administrators, teachers, and other witnesses.
- The superintendent [or designee] will present evidence on behalf of the recommendation. An attorney hired by the school board may not, at the same time, present evidence and advise the board.
- Witnesses at the hearing or persons whose testimony has been submitted in written form, if available, will be subject to cross-examination by any party as is necessary for a full and true disclosure of the facts.
- An opportunity will be granted for the student or their counsel to present the student’s version or refutation of the allegations through documents and witnesses. If the student refuses to testify, they will not be punished for refusal to testify nor will such refusal in any way be construed as an admission of guilt.
- The board’s decision will be based solely upon evidence introduced at the hearing.
- Within 10 calendar days of the hearing the board will mail or have delivered to the student and their parent(s) a written statement of the board’s decision and the factual basis for it.
- A verbatim record of the hearing will be made by mechanized means or shorthand reporter. Such record will be kept by the district for a minimum of one year and will be made available to the student or their parent(s) upon request and at a reasonable cost.
Nothing contained in items 1-12 above will prevent the immediate board expulsion of a student when the student’s continued presence on the school grounds would endanger their safety or well-being, endanger the safety or well-being of other members of the school community, or substantially interfere with the proper functioning of the school. In the instance of an immediate board expulsion, a hearing will be held within 10 days to determine future action. Such a hearing will be conducted in the spirit of due process envisioned in items 1-12 above.
CONDITIONS FOR READMISSION
The school board may consider and, by majority vote of those present, grant readmission to a student suspended by board action at any time and upon any condition it may determine or may designate the authority for readmission to an administrator at the time of the expulsion decision. A decision adverse to the student may be appealed under Chapter 290, Code of Iowa.
Students, parents, and faculty will be regularly informed of school rules regarding student behavior and discipline.
Adopted: 6/80
Reviewed: 5/11; 3/12; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 7/13
Related Policy: 502.1; 502.1-R; 502.2; 502.5; 501.5-R1-R3; 502.6; 502.8; 502.8-R; 503.1; 602.5