Sec. 13a.01.05.12. Procedures Applicable to Requests to Remove a Local Board Member

A. Request to Issue Charges. A request to issue charges against a local board member may be filed with the State Board by the local board or by a resident of the county in which the school system is located, if removal by the State Board is permitted by the statute governing removal of members of that local board.

B. Content of the Request.

(1) The request to issue charges shall set forth in a detailed affidavit, with all supporting documentation, the factual basis to support a statutory ground for removal.

(2) Grounds for removal are those set forth by the statute governing removal of members of that local board and may include:

(a) Misconduct in office;

(b) Immorality;

(c) Incompetency;

(d) Willful neglect of duty; or

(e) Failure to attend a required number of scheduled board meetings.

C. Method of Submission.

(1) The request shall be filed with the State Board. Requests submitted by email will not be accepted.

(2) Repetitive, redundant, or duplicative submissions will not be accepted.

(3) The State Board may consolidate multiple requests for removal.

D. Time of Submission. From the date the first request to issue charges was filed, the record shall remain open to file additional requests for 30 calendar days. The record shall close at the end of the 30-day period, unless the State Board extends that time period.

E. Factual and Legal Sufficiency of the Request.

(1) The State Board shall assess the factual and legal sufficiency of the request to issue charges.

(2) In doing so, it shall notify the local board member of the request and may provide the local board member an opportunity to respond to the request to issue charges.

(3) A factually sufficient request shall:

(a) Be made by a person who has personal knowledge of the facts supporting the request and reason to believe in its truth; and

(b) State the act or acts complained of in concise language, with a detailed description of the date, location, and nature of each act.

(4) A legally sufficient request shall create a reasonable belief that the actions committed could constitute a ground for removal from office.

(5) The State Board shall dismiss a request that is not factually or legally sufficient, or otherwise fails to meet the requirements of this regulation.

F. Issuance of Charges. If the State Board determines that the request to issue charges is factually and legally sufficient, it shall send a notice of the charges to the local board member who may file a request for a hearing within 10 days of the date the notice of charges was issued.

G. Hearing. If a hearing is requested, the State Board shall transfer the case to the Office of Administrative Hearings to schedule and conduct the hearing and issue a proposed decision on whether or not the local board member should be removed from office.

H. Parties at the Hearing.

(1) If a local board has requested removal, it shall present the case for removal at the hearing through counsel.

(2) If a resident has requested removal, the resident shall present the case for removal through counsel or pro se.

(3) The local board member shall present the case against removal through counsel or pro se.

I. Proposed Decision. The administrative law judge shall submit in writing to the State Board a proposed decision containing findings of fact, conclusions of law, and recommendations, and distribute a copy of the proposed decision to the parties.

J. Hearing Record and Transcript. The administrative law judge and the parties shall prepare a record and transcript as provided in Regulation .08 of this chapter.

K. Exceptions and Oral Argument.

(1) A party objecting to the administrative law judge’s proposed decision may file exceptions with the State Board within 15 days of the date of the proposed decision.

(2) A party may respond within 15 days of the date the exceptions were filed.

(3) As appropriate, each party shall append to the party’s exceptions or response to exceptions copies of the pages of the transcript that support the argument set forth in the party’s exceptions or response to exceptions.

(4) If exceptions are filed, each side shall have the opportunity for oral argument before the State Board before the State Board issues a final decision.

(5) Oral argument before the State Board shall be limited to 10 minutes per side. The State Board, upon request or at its sole discretion, may shorten or lengthen the time period for oral argument.