Appellee sought review of the administrative law judge's decision made on January 3, 2000 (18 D.o.E. App. Dec. 61) regarding reversal of the Board's decision made on September 9, 1999. On February 10, 2000, the State Board granted Appellee's Application for Rehearing on the basis that "other good cause" existed due to a new interpretation of the Department's rules relating to notices of appeal from proposed decisions. A partial rehearing was conducted on April 18, 2000, in which the hearing panel reheard evidence on the due process issues.

The hearing panel determined that the Board had issued inadequate written findings and conclusions as to the charges and the penalty. The due process requirements announced in In re Don Shinn, 14 D.o.E. App. Dec. 185(1997)state that an expelled student is entitled to written findings and conclusions as to the charges and penalty.

Inconsistent and confused testimony of the board members shows that not even the Board as a whole knew what it was actually voting to do with regards to the length of John's expulsion. In the absence of the rendition of a proper order expelling a student, there is nothing for a court to review nor any true legal obstacle to the student's return to classes. (Mitchell v. Leon Co. School Board, 591 So.2d 1032, 1033, FLA.APP. 1 DIST. 1991)

The State Board reminded the Northwood-Kensett Board that Iowa Code section 280.17B places the responsibility on local school authorities to prescribe procedures for continued school involvement with students during the time that they are suspended or expelled.

The decision of the administrative law judge made on January 13, 2000, was upheld.