504.01E7 Hearing Procedure Guide

Friday, August 11, 2023

FOR THE HEARING EXAMINER ONLY. 

HEARING PROCEDURE GUIDE 

I. Procedure. 

Turn on the recording device. 

Distribute information sheets to the participants. 

Read the procedure statement. 

II. Affirmation (Oath) You may wish to swear all the witnesses in at the beginning of the hearing. This is helpful in cases when parents cannot restrain themselves from testifying or arguing during the hearing. 

III. Administration's Presentation. 

A. Presentation by school official(s) or representative. 

1. Charges. 

2. Supportive information. 

3. Recommendations. 

B. Swearing in of witnesses (affirmation). 

C. Questioning of the witnesses by the parents. 

IV. Student's Presentation. 

A. Presentation by student, parents, or representative. This is the appropriate time for the student to give an account of the incident. 

B. Swearing in of witnesses (affirmation). 

C. Questioning of the witnesses by school representatives. 

V. Closing Statement. 

Permit closing statements by the school and then the student, parents, or representative. 

VI. READ: I will consider the evidence, make findings of fact and make a recommendation to the superintendent of schools about the appropriate action to be taken. After reviewing my report, the superintendent of schools will decide what sanction to impose but may not impose one that is more severe than the one I recommend. The superintendent of schools determination will be the final and will be communicated to the parents and student. If they are not satisfied with it, they have the right to appeal it to the board of education. 

VII. READ: This hearing is closed at ___________ (A.M. /P.M.)