503.2R1 Suspension/Expulsion Procedures
The following procedures shall be used when a student's behavior is considered sufficiently serious to cause an administrative recommendation to suspend for more than ten days or to expel a student from school. The principal or designee shall take all of the steps involved in determining the suspension of a student for a period not to exceed ten days. (Policy 502.3 and 502.4)
I. Notification of the Superintendent by the Principal
The superintendent shall be supplied with information by the principal to support his/her recommendation for a suspension/expulsion hearing before the Board.
If the superintendent does not request a hearing, he/she shall direct the principal to reinstate the student following the previously prescribed period of suspension.
II. Call for a Board Meeting
The superintendent shall contact the Board President and inform the president of the need for a hearing. A date and time for the hearing shall be mutually determined. The superintendent shall notify all board members of the regular or special board meeting and those present shall comprise the hearing panel, provided a majority of the Board is present.
III. Notice of Hearing
The superintendent shall inform the student's parent(s)/guardian of the hearing by personal delivery or by sending by certified mail the "Notice of Hearing". (See form letter.)
- Specific reason(s) for considering suspension/expulsion
- The specific penalty being recommended
- Date, time, and location of hearing
- A copy of the "Lewis Central Community Schools Hearing Procedures for Student Suspension/Expulsion"
- A "Waiver of Hearing" form
IV. Hearing Procedures
- The hearing will be before the Board in a "closed" (not open to the public) session of a board meeting unless the student's parent or guardian requests the hearing in an "open" (public) meeting. If an open session is requested, it shall be deemed a waiver of confidentiality of any personal information regarding the student, contained in records or used at the hearing.
- If the hearing is closed, only the following persons may be present:
- elected members of the Board, the board secretary, and legal representative
- the superintendent or designee and principal or designee, and legal representative
- the student, parent(s) or guardian, and a representative for the student, if desired and provided by the student or parent
- witnesses who may be called on behalf of the student or the administration - witnesses will be permitted in the hearing only while giving their testimony and being cross-examined.
Minutes of the hearing and a tape recording or transcript shall be kept as required by the Iowa Open Meetings Law.
- The student or representative may examine written copies of documents that will be used as evidence to support the suspension recommendation. The student or representative upon request will also be furnished with a list of witnesses who could be called to testify for the administration.
- The Board President or Vice-President shall conduct the hearing.
- The superintendent or principal shall present evidence that supports the recommendation to suspend or expel.
- Witnesses at the hearing, or persons whose testimony has been submitted in written form shall be subject to cross-examination by either party.
- The student or representative may present the student's version or refutation of the allegation, evidence, or call witnesses. The student shall not be required to testify and a refusal to testify shall not be considered an admission of guilt.
- Upon the conclusion of hearing evidence and statements on both sides, the Board will excuse all persons from the hearing except its legal representative and Board Secretary; and will deliberate upon the evidence introduced at the hearing.
- The Board shall then resume an open meeting and publicly make its decision to suspend or reinstate.
- If the Board by majority vote acts to suspend, the time period of the suspension and conditions for suspension and readmission shall be set forth.
- Within five days of the Board's decision, written findings of fact and conclusions of law shall be mailed or personally delivered to the student/parents/guardian.
V. Board of Education Decision/Action
If the student or student's representative fails to appear at the hearing, or if a waiver of hearing is received, the administration shall nevertheless submit evidence in support of the recommendation to suspend or expel during a closed session of the Board. The Board shall in open session by majority vote either expel or reinstate the student.
If expelled by the Board, the student may be readmitted only by board action or in the manner set forth by the Board.
- Series 500 Students