Sec. 13a.01.05.03. Response to Appeals

A. Time for Response. Within 20 days after the State Board sends a copy of the appeal to the local superintendent, the respondent shall file a memorandum in response to the appeal or a motion to dismiss, whichever is appropriate.

B. Motion to Dismiss.

(1) A motion to dismiss shall specifically state the facts and reasons upon which the motion is based that may include, but are not limited to, the following:

(a) The local board has not made a final decision;

(b) The appeal has become moot;

(c) The appellant lacks standing to bring the appeal;

(d) The State Board has no jurisdiction over the appeal; or

(e) The appeal has not been filed within the time prescribed by Regulation .02B of this chapter.

(2) The State Board may, on its own motion, or on motion filed by any party, dismiss an appeal for one or more of the reasons listed in §B(1) of this regulation.

C. Memorandum in Response to the Appeal.

(1) The respondent may file a memorandum in response to the appeal.

(2) The memorandum shall contain the following:

(a) A concise statement of the questions presented for review;

(b) A statement of the facts material to those questions;

(c) An argument on each question, including citations of authority, reference to relevant legal principles, and reference to pages of the record and exhibits relied on, if any;

(d) A short conclusion stating the relief sought; and

(e) Any supporting documents, exhibits, and affidavits.

(3) The appellant may file a response to the memorandum, and the local board may file a reply to the response.

(4) The State Board may decide the appeal on the merits based on the filings.

D. Record.

(1) The local board shall file the record of the local proceedings with the local board's response.

(2) Transcript.

(a) The stenographic record of an evidentiary hearing before the local board or its designee shall be transcribed, and the cost of transcription shall initially be paid by the appellant.

(b) An appellant who prevails in an appeal before the State Board shall be reimbursed the cost of the transcription by the local board.

(c) The transcript shall be filed promptly with the State Board.

(3) Parties may agree by written stipulation to omit from the record and transcript those parts unnecessary for the determination of the issues presented to the State Board.

(4) Waiver of Transcription Costs.

(a) An individual appellant who by reason of indigence is unable to pay the cost of transcription may file a request for waiver of the costs, with the State Superintendent.

(b) The request of waiver shall be accompanied by an affidavit verifying the facts set forth in the request and the appellant's inability to pay.

(c) The State Superintendent shall review the request for waiver of costs and the accompanying affidavit and may require the appellant to supplement or explain any of the matters set forth in the papers.

(d) If the State Superintendent is satisfied that the appellant is unable by reason of indigence to pay the cost of transcription, the State Superintendent may waive the payment of cost, and the cost shall be paid by the local board.

(e) A waiver of transcription costs shall only be available to an individual appellant and not to a group or other entity.