Jerome Joint School District No. 261

THE BOARD OF TRUSTEES 1515

School Board Hearing Procedure

The board hereby adopts the following procedures for hearings pertaining to certified professional

employees or students. IC 33‐513(5)(g) allows the board the right to appoint a hearing officer.

Opening Procedures:

The chairperson or their designee should call the meeting to order and:

1. Advise those present of the purpose of the meeting.

2. If the meeting is to be in executive session, the chairperson should then initiate the proper procedures

to recess the hearing into executive session.

3. If the meeting is to be electronically recorded, all members of the Board of Trustees, the Clerk, the

certified professional employee or student, and certified professional employee or student’s

representative, the member of staff or staff’s 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 chairperson should identify all persons present.

4. The chairperson or their designee should advise those present of the rules of order and how the hearing

will proceed with respect to the presentation and order of proof.

Opening argument:

The chairperson or their designee 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 Chairperson or their

designee may allow the certified professional employee or their counsel or representative 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 chairperson. After

the completion of the direct examination of each witness, the certified professional employee shall be

afforded the opportunity to cross‐examine said witnesses. Thereafter, redirect and recross‐examination

should be allowed with respect to each witness, but should be limited to the appropriate scope.

2. After the staff has presented its case, the certified professional employee should then present their case

in the same manner and according to the same procedures.

3. After the certified professional employee has rested their case or defense, the staff should be allowed

the opportunity to present rebuttal evidence, and the certified professional employee should be

allowed to present sur‐rebuttal evidence, but such should be limited to the appropriate scope.

Closing argument:

After 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 from within a certain

time limitation.

Deliberations:

After the completion of oral argument or after receipt of the written final arguments and briefs, if

applicable, the board should then 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. If the superintendent presented evidence on behalf of the district or assisted in compiling

evident, or presented testimony on the district’s behalf, he/she should be excluded from the board’s

deliberations.

The decision:

1. Not later than fifteen days following the close of the hearing (in the case involving submission of written

arguments and briefs, the fifteen days would commence upon submission), the board must render its

decision in writing together with the reasons or findings upon which it bases such decision.

2. 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 meeting.

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

Policy History:

Adopted on: 09/26/2006

Revised on: 12/15/2015