1535: Board Hearings

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Gooding Joint School District No. 231

BOARD OF TRUSTEES                                                                                         1535

Board Hearings

This policy can be used for either a Certified Public Employee (CPE) or student hearing, excepting that student witnesses shall not be cross-examined in a student expulsion hearing. Furthermore, this policy shall only apply to formal hearings and shall NOT apply to informal reviews in situations where informal reviews are, by statute, required to be provided.

Opening Procedures

 

The Chairman should call the meeting to order and:

  1. Advise those present of the purpose of the
  2. If the meeting is to be in executive or closed session, the Chairman should then initiate the proper procedures to recess the hearing into executive
  3. If the meeting is electronically recorded, all members of the Board of Trustees, the Clerk, the CPE or student, and the CPE or student’s representative(s), the member of staff or staff counsel who would be presenting the case should identify themselves by name and position on the record for voice identification purposes. If the meeting is being steno graphically reported, the Chairman should identify all persons present.
  4. The Chairman should advise those present of the rules of order and how the hearing will proceed with respect to the presentation and order of

 

Opening Argument

 

The Chairman should ask the parties and/or their representatives if they desire to make opening argument, and if so, place a reasonable time limitation upon the same. The Board Chairman may allow the CPE or student or the CPE or student’s counsel or representative(s) to reserve opening argument until completion of staff’s presentation. Either or both parties may waive opening argument.

 

Presentation of Evidence

 

  1. The staff through the Superintendent or designated representative or legal counsel should present its case, calling witnesses, and offering documents for admission into evidence by the After the completion of the direct examination of each witness, the CPE or student shall be afforded the opportunity to cross-examine said witnesses (except student witnesses). Thereafter, redirect and recross-examination should be allowed with respect to each witness (except student witnesses), but should be limited to the appropriate scope.

 

  1. After the staff has presented its case, the CPE or student should then present their case in the same manner and according to the same

 

  1. After the CPE or student has rested their case or defense, staff should be allowed the opportunity to present rebuttal evidence, and the CPE or student should then be allowed to present rebuttal evidence, but such should be limited to the appropriate scope.

 

Closing Argument

 

After the presentation of all evidence, each party should be allowed to present closing argument either orally or, if stipulated or directed by the Board, such may be filed after the hearing in written form within five (5) business days from the hearing.

 

Deliberations

 

After the completion of oral argument or after receipt of the written final arguments and briefs, if applicable, the Board should retire into executive session (or should remove all others from the executive session if the hearing has been closed) and should deliberate with respect to the matter presented.

 

  1. Not later than fifteen (15) days following the close of the hearing (in the case involving the submission of written arguments and briefs, the fifteen days would commence upon such submission) the Board must render its decision in writing together with the reasons or findings upon which it bases such decision.

 

  1. Such decision must be made by resolution and vote in open session and the proper procedure should be used for the Board to come out of executive session into open

 

The Board may determine in certain cases to hire an outside hearing officer for special cases of hearings.

 

 

Legal Reference: I.C. § 33-205         Denial of School Attendance

I.C. § 67-2341       Open Public Meetings – Definitions

I.C. § 67-2342       Governing Bodies—Requirement for Open Public Meetings

I.C. § 67-2345       Executive Sessions – When Authorized

 

Policy History: Adopted on: 12/8/20 Revised on:

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Please initial below to acknowledge that you are the student named above and that you have reviewed the information above and agree that it is accurate. By initialing below you endorse this document as legally binding in accordance with the e-sign bill S.761 and release the below initials in lieu of a signature.
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