Conduct Of Hearings

Any hearing conducted on a reduction in force shall be considered a contested case under the Uniform Administrative Procedures Act, except that the following conditions shall prevail. The request for a hearing shall be in writing and addressed to the Chairman of the State Board of Education and shall be made within ten days of the teacher's receipt of the notice required by this policy. The teacher shall specify the grounds which will support the contention that the decision was contrary to this policy or otherwise unlawful, and shall include a plain statement of facts that supports the contention. Opinions about the comparative wisdom of one course of action or another, judgements about personalities, and considerations as to which areas within a school should suffer reduction are not grounds to contest a decision, nor shall they be considered in any subsequent hearing under this section. At the hearing, the school shall first establish its need to effect a reduction in force, which shall not be subject to cross examination by the teacher. Thereupon, the teacher shall present listed contentions, limited to those grounds specified in the request for hearing and supported by such proof offered in support of the contention as establishes the contention unless it is rebutted. If it is determined by the State Board of Education or the hearing officer that the contention has not been so established, then the hearing shall be concluded at this point. If the hearing continues, the school shall present proof in rebuttal of the teacher's contention or in general support of the decision to terminate. Upon completion of all the proof, the State Board of Education (or the hearing officer) shall arrive at a decision (a recommended decision) based upon the evidence presented at the hearing. The burden shall be upon the teacher to prove by a preponderance of the evidence that the termination was contrary to this policy or otherwise unlawful. The decision (or recommended decision) shall be to sustain the termination or reinstate the teacher, and shall include findings of fact and conclusions of law; and the final decision shall be entered upon the minutes of the board. Reinstatement under this policy shall not preclude the subsequent transfer of the teacher pursuant to board policy, nor shall it preclude a further reduction in force affecting the teacher pursuant to this policy.