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It is the express policy of the State and this Board to make hearings open to the public except for certain purposes specified in the Open Meetings Law.
Hearings before the Board typically will be heard in closed session in order to present the disclosure of confidential information. Closed sessions will be conducted in accordance with board policy.
In order to resolve complaints expeditiously, board hearings will be scheduled as promptly as possible and notice given to the parties. The Superintendent should provide as much notice as is feasible given the particular circumstances. The Superintendent will provide a copy of this policy and, when possible, specify time limitations on the oral presentation if different from what is provided in section five of this policy.
Where two or more individuals share the same or similar concern or are involved in the same matter to be heard by the Board, the Board may consider whether to conduct a group hearing. The Board may consider factors such as generally accepted standards of fairness, the need for efficiency, and the ability to prevent the disclosure of confidential information. The Board will consider requests for group or individual hearings and will make the final determination.
The Superintendent will confer with the chairperson of the Board to determine whether the full Board or a panel of the Board will conduct a hearing. The Board also may establish a panel to hear certain types of appeals, such as student grievances.
Written statements may be submitted at the hearing or in advance of the hearing unless otherwise specified. All parties will be given the opportunity to orally address the Board as well. The Board may establish time limitations for oral presentations for different types of hearings or may set the time limitation for a particular hearing. Unless a different time frame is established in the notice, applicable board policies or at the hearing, each party will be offered 15 minutes to present his or her position to the Board.
The Board believes that in most instances, the position of the parties can be presented fairly by permitting the parties to speak before the Board. The Board may designate types of hearings in which parties may or may not be represented by legal counsel. Any individual intending to be represented by legal counsel must notify the Superintendent in advance of the hearing so that there will be an opportunity to clarify whether legal counsel may be used and to provide the Superintendent and Board the opportunity to be represented by legal counsel. If necessary, the meeting may be rescheduled so that the Board and/or Superintendent can secure legal counsel for the hearing.
The Board may consider any information that a reasonably prudent person would consider in conducting the serious affairs of a business.
The Board will review the administrative record, including any administrative proceedings, and will provide an opportunity for the superintendent and the party contesting the decision to a limited oral presentation of their positions. The submission of documentary evidence and presentation of additional witnesses will be allowed at the discretion of the board.
The Superintendent will make any record required by law. At a minimum, the Board record will incorporate the administrative record provided to the Board for review and any written documents submitted by the parties. The record also will provide the decision of the Board and the basis for the decision when such information is required or specified in law or board policy.