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Laws & Regulations
Legal Lessons
Expelled Students and their Options
D.E. & State Board
Laws & Regulations
Legal Lessons
Expelled Students and their Options | Expelled Students and their Options |
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Other than continuing to serve a
student with an Individualized Education Program (IEP), a school that expels a
student - even a compulsory attender - has no obligation to provide for the
educational needs of the student during the period of expulsion. A district may choose to continue to
serve an expelled regular education student (but does not have to do so) via an
alternative placement.
Iowa
Code section 282.4 states that an expelled 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" if the period of
expulsion is not expired. (It is
strongly recommended that the board obtain permission of the board that
expelled the student before acting under 282.4.) There is no obligation of a school or school
district to enroll a student whose period of expulsion has not expired, and
this is true even of students who legitimately move into a new district. Of course, once the period of expulsion is
over, a resident student must be enrolled if the student meets age (under 21)
and residency requirements.
This leaves one viable option for
the family of students of compulsory attendance age, competent private
instruction (CPI). A district must allow a resident student who
has been expelled to file Form A, Report of CPI. However, the district does not have to allow
the student to dual enroll or enroll in a Home School Assistance Program
(HSAP), if the district provides a HSAP
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