The appellant seeks reversal of the April 7, 1992, decision made by the West Harrison Community School District board to expel him for the remainder of the school year

On January 14, 1992, the appellant verbally threatened a teacher and was sent home. The local board expelled him on January 21, and he returned to school via a district court injunction that found procedural flaws in the board's original decision. Another hearing was held April 7, and the board again voted to expel him.

The sole issue of the appeal is whether the appellant was denied due process right to a decision by an impartial tribunal. The counsel for the district offered case authority to support the position that a second hearing before the same body is constitutionally permissible. It is law in Iowa that a school board, called upon to render a second decision after being reversed on procedural grounds from the first, is not--per se--biased or partial.

The appellant failed to carry his burden of proof regarding this allegation of error.

The decision of the West Harrison Community School District board of directors to expel Chad Stevens for the balance of the school year is affirmed.