15-542. Hearing costs; counsel; limitations on evidence; reinstatement

A. The governing board shall pay all expenses of the hearing. The certificated teacher and the governing board shall pay their own attorney and witness fees, except if the governing board does not suspend the teacher without pay or dismiss the teacher, the governing board shall pay all reasonable attorney and witness fees incurred by the teacher.

B. No witness shall be permitted to testify at the hearing except upon oath or affirmation. No testimony shall be given or evidence introduced relating to adequacy of classroom performance which occurred more than four years prior to the date of the service of the notice. Evidence of records regularly kept by the governing board concerning the teacher may be introduced, but no decision relating to the suspension without pay or dismissal of any teacher shall be made based on charges or evidence relating to adequacy of classroom performance occurring more than four years prior to service of the notice. The four-year time limit shall not apply to the introduction of evidence in any area except that relating to adequacy of classroom performance.

C. If a certificated teacher who has been employed by the school district for more than the major portion of three consecutive school years is placed on administrative leave of absence pending the hearing, he shall be reinstated within five days after the governing board renders a decision not to suspend him without pay or dismiss him.