Code Number: 502.3
The Superintendent may recommend to the Board the long-term suspension (an out-of-school suspension lasting more than 10 days) or expulsion of a student. Only the Board, by a majority vote of the members present at a meeting of the Board, may impose a long-term suspension or expulsion of a student. Reasons for this level of student discipline may include violations of the regulations or rules of the Board, or when the student’s presence is detrimental to the best interests of the school.
Long-term suspension or expulsion shall be recommended only after due consideration has been given to educational alternatives. Appropriate due process rights for students and parents, including notice and hearing, will be provided when long-term suspension or expulsion has been recommended.
A student shall not be suspended or expelled if such action would violate their rights as a special education student and such students shall be entitled to the procedural safeguards mandated for special education students. A review of the student’s Individual Education Program (IEP) shall be conducted prior to any recommendation for long-term suspension or expulsion. If appropriate, the IEP may be revised to include a continuum of intervention strategies and programming to change the behavior or otherwise be adjusted in accordance with applicable placement procedures.
Under appropriate circumstances, students who have not been identified as special education students may be referred for evaluation prior to a recommendation for long-term suspension or expulsion to determine whether the student has a disability and is in need of special education.
If it is determined that a special education student’s conduct is not caused by the student’s disability, the student may be recommended for a long-term suspension or expulsion.
If a student has been expelled or suspended from another district and has not met the condition of the expulsion or suspension and if the student, or the parent or guardian of the student, seeks to enroll as a student in this District, the Board, by a majority vote, must first approve such enrollment.
- First Adoption:
- 1984-06-26
- Revision Adoption:
- June 27, 1995/ March 28, 2000/ August 17, 2004/ October 26, 2009/ January 25, 2010/ January 26, 2015/ March 12, 2018
- Reviewed Dates:
- February 20, 2018
- Legal Reference:
-
Goss v. Lopez, 419 U.S. 565 (1975).
Brands v. Sheldon Community School District, 671 F. Supp. 627 (N.D. Iowa 1987).
Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).
Board of Directors of Ind. School Dist. of Waterloo v. Green, 147 N.W.2d 854 (1967).
Wood v. Strickland, 420 U.S. 308 (1975).
Southeast Warren Comm. School District v. Dept. of Public Instruction, 285 N.W.2d 173 (Iowa 1979).
34 CFR 300.530 et seq.
Iowa Code §§ 21.5; 279.8; 282.4, .5; 708.1.
281 I.A.C. 12.3(6); 41.530 et seq.
Reference: The Sioux City Community Schools’ K-12 Student Code of Conduct