503.2R2 Hearing Procedures Student Expulsion

1. 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(s) or guardian requests the hearing in an "open" (public) meeting. If a public session is requested, it shall be deemed a waiver of confidentiality of any personal information regarding the student contained in records used at the hearing.
2. If the hearing is closed, only the following persons may be present:
   1.  elected members of the Board, the board secretary, and legal representative
   2. the superintendent or designee and principal or designee, and legal representative
   3. the student, parent(s) or guardian, and a representative for the student, if desired and provided by the student or parent
   4. 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.

3. 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.
4. The Board President or Vice-President shall conduct the hearing.
5. The superintendent or principal shall present evidence that supports the recommendation to suspend or expel.
6. Witnesses at the hearing, or persons whose testimony has been submitted in written form shall be subject to cross-examination by either party.
7. 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.
8. 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.
9. The Board shall then resume an open meeting and publicly make its decision to suspend or reinstate.
10. 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.
11. Within five days of the Board's decision, written finding of fact and conclusions of law shall be mailed or personally delivered to the student/parent(s)/guardian.

Adopted:
Modified:  06/07/21
Reviewed:  05/17/21