| School Board of Alachua County |
| Bylaws & Policies |
5612 - STUDENT HEARINGS
Student cases that are presented to the Board for a quasi-judicial decision will be governed by the procedures in this policy.
The Superintendent will serve on the parent, guardian, or adult student a notice of his/her recommendation, with a summary of the factual, legal, and policy grounds for the proposed action.
Unless otherwise provided by Board policy, the parent, guardian, or adult student may request a hearing within ten (10) calendar days from receipt of the Superintendent's notice.
The parties will receive no less than ten (10) days notice of the time and place of the hearing, unless otherwise agreed. For expulsion hearings, the parent, guardian, or adult student shall be notified that unless s/he elects to have the proceedings before the hearing agent and the Board open to the public, the proceedings shall be closed and not subject to the open meetings law.
Failure to timely request a hearing or failure to appear at a hearing after notice of the date of hearing shall be deemed a waiver of any hearing on the matter. However, upon presentation of good and sufficient reasons for non-appearance, the hearing agent may direct that the hearing be re-scheduled at a time convenient to the parties.
Hearings will be conducted by the Board's designated hearing agent, in accordance with Florida statutes and the Uniform Rules of Procedure. Reasonable flexibility in method or order of presentation shall be permitted. No parent, legal guardian, or adult student shall be prohibited from presenting reasonable matters to the Board because of insubstantial procedural irregularities. A parent, guardian, or adult student may be represented at the hearing by an adult, whether as legal counsel or qualified representative.
No Disputed Issues(s) of Material Fact
If there is no disputed issue of material fact, the parent, guardian, or adult student, or their counsel, will have the opportunity at the hearing to present written or oral evidence in opposition to the proposed action or a written statement challenging the grounds of the proposed action.
| A. | The hearing agent's recommendation for Board action will be served upon the parent, guardian, or adult student, the student's representative, if any, and the Superintendent. | |
| B. | The hearing agent's recommendation will be submitted to the Board for action. The parent, guardian, or student may appear at the Board meeting and speak to the recommended action. The parent, guardian, or student, or their representative will be allowed ten (10) minutes to address the Board. The Superintendent's attorney will be allowed ten (10) minutes to respond. | |
| C. | The Superintendent shall notify the parent, guardian, or adult student of the Board action. |
Disputed Issue(s) of Material Fact
If there is a disputed issue of material fact, all parties shall have an opportunity at the hearing to respond, to present evidence, and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed findings of facts and orders, to file exceptions to the hearing agent's recommended order, and to be represented by counsel or other qualified representative.
| A. | Findings of fact shall be based on a preponderance of the evidence and shall be based exclusively on the evidence of record and on matters officially recognized. | |
| B. | All parties may submit proposed findings of fact, conclusions of law, orders, and memoranda on the issues within a time designated by the hearing agent. | |
| C. | The hearing agent's findings of fact, conclusions of law, and recommendation for Board action will be set forth in a recommended order served upon the parent or guardian, the student's representative, if any, and the Superintendent. | |
| D. | Either party may file exceptions to the findings of fact and conclusions of law in a recommended order within fifteen (15) calendar days of services of the recommended order. Exceptions filed more than fifteen (15) calendar days after service of the recommended order shall not be considered by the Board. A party filing exceptions shall provide a written transcript of all testimony at the hearing. | |
| E. | The hearing agent's recommended order will be submitted to the Board for action. The parent, guardian, or student may appear at the Board meeting and speak to the recommended action. The parent, guardian, or student or their representative will be allowed ten (10) minutes to address the Board. The Superintendent's attorney will be allowed ten (10) minutes to respond. No new evidence will be received. | |
| F. | The Superintendent shall notify the parent or guardian and student of the Board action. |
F.S. 120.569, 120.57, 120.81, 1006.07, 1006.08
F.A.C. Ch. 28-106
Adopted 7/17/07