|Policies and Procedures Handbook||
Last Updated: 8/1/98
Garrett County Public Schools
40 South Second Street
Oakland, MD 21550
HEARING PROCEDURES FOR APPEALS HEARD BY THE
In order to provide parties appearing before the Garrett County Board of Education in hearings and appeals an opportunity to fairly present their relative positions and evidence, while at the name time, making efficient use of the Board's time, the following procedures are adopted. These procedures will apply in all matters in which the Public Schools of Garrett County exercises its quasi-authority under the School Law. The Board may waive the strict application of the procedures provided herein if it believes that such waiver is necessary or appropriate in the interest of justice in an individual case.
I. General Procedures
3. Confirm that all parties have received a copy of the procedure to be used in the hearing and understand the procedures to be used.
4. In the event there are questions, the presiding officer with the assistance of counsel to the Board shall answer such questions and, if necessary, rule on any objections.
5. Inquire whether any party objects to the date, time or place of the hearing. In the event of such objection, the presiding officer shall rule on such objection.
6. Inquire whether any party alleges that a Board member for any reason is not capable of rendering a fair and impartial decision in this matter based upon the evidence. in the event there in such an objection, the Presiding officer shall inquire of the affected Board member whether or not, in the light of the objection, such Board member is able to render a fair and impartial decision in the matter solely upon the testimony and evidence presented at the hearing. The final decision whether or not a Board member should be disqualified in a particular matter in to be decided by the affected Board member.
D. Objections to testimony or the admissibility, of evidence shall be ruled upon by the presiding officer with the assistance of counsel if requested. Hearsay evidence as well as other evidence which might not be admissible in a court of law may be admitted in the discretion of the the presiding officer if it is reasonably reliable and, in the discretion of presiding officer, relevant.
E. In all cases which require the use of the Standard Procedure as set out in Section II below the Administration shall have the burden of going forward and the burden of proof in all cases in which the informal Procedures set out in Section III below are to be utilized the party making the appeal shall have the burden of going forward and the burden of proof. Along with the notice of the date and time of the hearing the Appellant shall be advised if the Informal Procedures will be used.
F. As provided in Sub-section 7-304(c) (5) of the Education Article of the Annotated Code of Maryland, unless a public hearing is requested by the parent or guardian of the student, hearings concerning the suspension or expulsion of students shall be held out of the presence of all individuals except those whose presence is considered necessary or desirable by the Board. All other hearings shall be open hearings unless the Board, in its discretion, determines that it is appropriate to close the hearing to the public.
II. Standard Procedure
In all cases arising under Sub-sections 6-202 (Suspension or Dismissal of A Teacher) or 7-304 (Suspension over 10 Days or Expulsion of A Student) of the Education Article of the Annotated Code of Maryland, or any other matter in which a party's property or liberty interests are at issue, the following procedures will be followed:
A. Each side may make a brief opening statement in which they may advise the Board of their position on the matters at issue and inform the Board of what they intend to prove.
B. The Administration presents its case by calling witnesses and introducing evidence which is relevant to the question at issue.
C. The Party making the appeal (the "Appellant") may cross-examine the witnesses called by the Administration regarding the testimony and exhibits introduced by such witness.
D. When the Administration completes its presentation it shall so advise the Board.
E. The Appellant may then produce witnesses and introduce ouch evidence as are relevant to the question at issue.
F. The Administration may cross-examine the witnesses and evidence produced by the Appellant.
G. When the Appellant has completed presenting its evidence it shall so advise the Board.
H. Board members may ask such questions as they believe to be relevant.
I. Each side shall then have an opportunity to make a brief closing statement summarizing what the believe they proved in their case. The Administration goes first with its closing statement, followed by the Appellant.
J. At the close of all evidence, the presiding officer shall advise the varties that the decision of the Board will be rendered in writing within a reasonable time.
III. Informal Procedures
In all cases except those described in Section II above, the appeal or hearing shall proceed according to Informal Procedures. Informal Procedures are similar to those described in Section II above except the burden of goirg forward and burden of proof shall be on the Appellant and the formal order of calling witnesses shall be more relaxed within the discretion of the Presiding Officer. The Board shall impose a time limit on each party's case of 15 minutes. These Informal Procedures will be used in such cases as bus stop appeals, out-of-area transfer request appeals and other cases not requiring the use of the Standard Procedures as set out in Section II above. The Appellant will be advised if these Informal Procedures will be used at the same time they are informed of the date and time of the appeal. Parties objecting to the use of theme Informal Procedures MUST notify the Board and administration within seven days of receiving the notice that Informal Procedures will be used. Upon request before or at the beginning of the hearing, the Presiding officer may extend the time limit as the Presiding Officer deems appropriate.
Table of Contents
Public Schools 110.1
Revised 3/10/92, 11/15/94