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Decision Number
Amber Criqui
Jeannette Criqui
Chariton Community School District
Full Text

A regular education secondary student was expelled for fighting. She had an extensive disciplinary record with the school of insubordination to teachers and fighting her peers. The expulsion was upheld as a reasonable exercise of the local board's statutory authority.

Of special note in the case is the fact that the student asked the State Board to address how she may enroll in another school district if her family moves from the Chariton District before the period of expulsion expires. This is covered in Iowa Code section 282.4(3), which states, "?[I]f a student has been expelled or suspended from school and has not met the conditions of the expulsion or suspension, the student shall not be permitted to enroll in a school district until the board of directors of the school district approves, by a majority vote, the enrollment of the student."

The guidance of the State Board is that if an expelled student seeks to enroll elsewhere before the period of expulsion expires, the board of the school district to which enrollment is sought must approve. The decision states, "We also believe that a board in that position is well-advised to also seek permission from the board that expelled [the student]. Local school boards in Iowa should recognize and honor the authority of another board to discipline its students. As a matter of courtesy and good faith, no school board should take action that effectively negates an expulsion decision reached by another board."

The decision is silent regarding whether local boards should grant permission when asked. Such a decision is truly at the discretion of the local board. Bear in mind that obligations under the compulsory education law (Iowa Code chapter 299) are imposed on the student's parent/guardian?.not the district.

The State Board upheld the expulsion.