Sec. 13a.01.05.09. Final Decision

A. The State Board shall make the final decision in all appeals.

B. Except as otherwise provided in this chapter, the State Board shall decide an appeal on the record without a hearing or oral argument.

C. A decision may not be rendered without the concurrence of a majority of the voting members then serving on the State Board. If the Board cannot reach such concurrence, the local board’s decision shall stand.

D. The final decision shall be in writing and contain a factual background, legal analysis, and conclusion.

E. A copy of the decision shall be promptly delivered or mailed to each party or the party's attorney of record, local board presidents, local superintendents of schools, designated representatives of the State teachers associations, and the association of local boards of education.

F. Copies.

(1) Copies of the opinions of the State Board and an index to the opinions shall be kept electronically at the Department and shall be available for inspection at any reasonable time.

(2) The Department may charge any reasonable fee for making or supervising the making of a copy, printout, or other reproduction of an opinion or an index.