Iowa Department of Education

Transfer of Disciplinary Records

As part of DE's compliance with No Child Left Behind [specifically 20 U.S.C. section 7165(b)], this agency has provided an assurance to the U.S. Department of Education that Iowa "has a procedure in place to facilitate the transfer of disciplinary records, with respect to a suspension or expulsion, by local educational agencies to any private or public elementary school or secondary school for any student who is enrolled or seeks, intends, or is instructed to enroll, on a full- or part-time basis, in the school." Iowa's assurance is based on Iowa Code section 279.9A, which required districts to provide to "school officials of a school to which [a] student seeks to transfer or has transferred ... an accurate record of any suspension or expulsion actions taken, and the basis for those actions taken, against the student ... ." The following points are emphasized:

1. This is a mandate to transfer records regarding out-of-school suspensions or expulsions to the next school. A district retains discretion regarding records of in-school suspensions and lesser disciplinary measures. (In exercising such discretion a good rule-of-thumb is to ask oneself "what would I like to know about this student?")

2. The DE does not interpret section 279.9A to mean that a district may wait for a request specifically for disciplinary records from the next school before it sends such records. Upon a request for "student records" or any generally-phrased request, the district must include copies of records of out-of-school suspensions/expulsions.

3. Retain originals and only send copies!

4. While an attitude of "let the student start with a clean slate at the next school" is understandable, there is truly no discretion about sending copies of records of out-of-school suspensions and expulsions. The goal behind the mandate is to assist the next school in best serving all of the needs of the student.