The appellant is seeking to reverse the April 13, 1992, decision of the Davenport Community School District board to expel Joseph Childs for the remainder of the school year.

Joseph was involved in a fight with another student and inadvertently struck a teacher, who was trying to maintain crowd control. Initially, he was suspended for ten days out of school. Two or three hours later, the principal called stating he would recommend expulsion.

A hearing was held on February 20 before an Administrative Advisory Board comprised of a chair and three panel members. A notice was issued advising the appellant of this hearing and of her son's right to call and cross-examine witnesses; the notice did not refer to the school policy that was violated or give a description of the offending behavior. The family hired an attorney at appeared at the hearing.

The advisory board recommended expulsion. At the local board meeting, a closed hearing was held. The teacher who was injured either did not speak or Joe's attorney was not allowed to cross-examine her. Before Joe's counsel had an opportunity to make closing statements, the board president announced the hearing was concluded, because the board needed to begin its general meeting. It voted to approve the expulsion. No written findings or conclusions were provided, and the minutes do not reflect the reason for the expulsion.

The local board failed to provide due process, because there was insufficient written notice, insufficient opportunity for the student to be heard at the March 2 hearing, and absence of written findings of fact and conclusions as to the violations with which he was charged.

The decision of the Davenport Community School District board expelling Joseph Childs is reversed, and the board is ordered to remove any reference of the expulsion from the student's records.