279.16 - PRIVATE HEARING -- DECISION -- RECORD.
279.16 PRIVATE HEARING -- DECISION -- RECORD.
1. The participants at the private hearing shall be at least a
majority of the members of the board, their legal representatives, if
any, the superintendent, the superintendent's designated
representatives, if any, the teacher's immediate supervisor, the
teacher, the teacher's representatives, if any, and the witnesses for
the parties. The evidence at the private hearing shall be limited to
the specific reasons stated in the superintendent's notice of
recommendation of termination. No participant in the hearing shall
be liable for any damages to any person if any statement at the
hearing is determined to be erroneous as long as the statement was
made in good faith. The superintendent shall present evidence and
argument on all issues involved and the teacher may cross-examine,
respond and present evidence and argument in the teacher's behalf
relevant to all issues involved. Evidence may be by stipulation of
the parties and informal settlement may be made by stipulation,
consent, or default or by any other method agreed upon by the parties
in writing. The board shall employ a certified shorthand reporter to
keep a record of the private hearing. The proceedings or any part
thereof shall be transcribed at the request of either party with the
expense of transcription charged to the requesting party.
2. The presiding officer of the board may administer oaths in the
same manner and with like effect and under the same penalties as in
the case of magistrates exercising criminal or civil jurisdiction.
The board shall cause subpoenas to be issued for such witnesses and
the production of such books and papers as either the board or the
teacher may designate. The subpoenas shall be signed by the
presiding officer of the board.
3. In case a witness is duly subpoenaed and refuses to attend, or
in case a witness appears and refuses to testify or to produce
required books or papers, the board shall, in writing, report such
refusal to the district court of the county in which the
administrative office of the school district is located, and the
court shall proceed with the person or witness as though the refusal
had occurred in a proceeding legally pending before the court.
4. The board shall not be bound by common law or statutory rules
of evidence or by technical or formal rules of procedure, but it
shall hold the hearing in such manner as is best suited to ascertain
and conserve the substantial rights of the parties. Process and
procedure under sections 279.13 to 279.19 shall be as summary as
reasonably may be.
5. At the conclusion of the private hearing, the superintendent
and the teacher may file written briefs and arguments with the board
within three days or such other time as may be agreed upon.
6. If the teacher fails to timely request a private hearing or
does not appear at the private hearing, the board may proceed and
make a determination upon the superintendent's recommendation. If
the teacher fails to timely file a request for a private hearing, the
determination shall be not later than May 31. If the teacher fails
to appear at the private hearing, the determination shall be not
later than five days after the scheduled date for the private
hearing. The board shall convene in open session and by roll call
vote determine the termination or continuance of the teacher's
contract and, if the board votes to continue the teacher's contract,
whether to suspend the teacher with or without pay for a period
specified by the board.
7. Within five days after the private hearing, the board shall,
in executive session, meet to make a final decision upon the
recommendation and the evidence as herein provided. The board shall
also consider any written brief and arguments submitted by the
superintendent and the teacher.
8. The record for a private hearing shall include:
a. All pleadings, motions and intermediate rulings.
b. All evidence received or considered and all other
submissions.
c. A statement of all matters officially noticed.
d. All questions and offers of proof, objections and rulings
thereon.
e. All findings and exceptions.
f. Any decision, opinion, or conclusion by the board.
g. Findings of fact shall be based solely on the evidence in
the record and on matters officially noticed in the record.
9. The decision of the board shall be in writing and shall
include findings of fact and conclusions of law, separately stated.
Findings of fact, if set forth in statutory language, shall be
accompanied by a concise and explicit statement of the underlying
facts and supporting the findings. Each conclusion of law shall be
supported by cited authority or by reasoned opinion.
10. When the board has reached a decision, opinion, or
conclusion, it shall convene in open meeting and by roll call vote
determine the continuance or discontinuance of the teacher's contract
and, if the board votes to continue the teacher's contract, whether
to suspend the teacher with or without pay for a period specified by
the board. The record of the private conference and findings of fact
and exceptions shall be exempt from the provisions of chapter 22.
The secretary of the board shall immediately mail notice of the
board's action to the teacher. Section History: Early Form
[C77, 79, 81, § 279.16] Section History: Recent Form
92 Acts, ch 1008, § 1; 92 Acts, ch 1227, § 19; 2001 Acts, ch 62,
§1
Referred to in § 260C.39, 261.48, 262.9, 272.15, 273.22, 275.33,
279.13, 279.14, 279.19, 279.19A, 279.19B, 279.27