Sec. 12. (a) An appointment or discharge of an employee of the school city must be:

(1) made in conformity with the rules of the board; and

(2) reported at the meeting of the board that follows the date of each appointment or discharge by the superintendent.

(b) The superintendent's actions reported to the board under this section are subject to the approval of the majority of the board.

(c) A discharge operates as a suspension until the discharge is approved by the board.

(d) A school employee of the school city, except a probationary employee discharged before the end of the employee's probationary period, is entitled to request a hearing before being discharged. Upon written request for a hearing from the school employee, the superintendent shall appoint a hearing examiner.

(e) The hearing examiner appointed by the superintendent under subsection (d) may be an individual on the school city's administrative staff or the school city's counsel, as long as the hearing examiner:

(1) did not recommend the discharge of the employee;

(2) will not be a witness at the hearing; and

(3) has no involvement in the recommendation to discharge the employee.

(f) The hearing examiner shall:

(1) make a written report of the hearing examiner's findings and conclusions; and

(2) submit the report to the superintendent.

(g) An employee may appeal in writing an adverse decision of the hearing examiner to the board. Upon appeal, the board shall review the decision of the hearing examiner and may receive additional evidence or testimony.

(h) The board shall adopt rules and procedures that afford an employee, other than a probationary employee, the right to a hearing and the right to appeal under this section.

(i) This section does not apply to teachers.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-11-10.]

As added by P.L.1-2005, SEC.9.