W.E.R. v. School Board of Polk County

GREEN, Judge.

Polk County school students W.E.R. and N.L.J.1 timely appeal the final orders of the School Board of Polk County which expelled them from the Polk County district schools for the remainder of the 1998-99 and all of the 1999-2000 school years. We reverse with directions.

Trial on all issues was held by Greg M. Spanjers, Esq., hearing officer. The undisputed facts, as found by the hearing *541officer, were that each appellant battered the same Polk County School Board employee, but that they were unaware of her official position when they committed the batteries. The determination as to…