(A) Within fifteen days after receipt of notice of suspension or dismissal, a teacher may serve upon the chairman of the board or the superintendent a written request for a hearing before the board, or its designee.
(B) If the teacher fails to make such a request, or after a hearing as provided in this article, the board shall take action and shall enter an order as it considers lawful and appropriate.
(C) The hearing must be held by the board, or its designee, within forty-five days after the request is served. A notice of the time and place of the hearing must be given the teacher not less than five days before the date of the hearing.
(D) The teacher may be present with counsel at the hearing, and may cross-examine witnesses, may offer evidence and witnesses, and present defenses to the charges. The board, or its designee, shall order the appearance of any witness requested by the teacher, subject to the limitations of Section 59-25-460. The superintendent shall initiate the introduction of evidence in substantiation of the charges.
HISTORY: 1962 Code Section 21-367; 1974 (58) 2343; 1976 Act No. 634, Section 6; 2016 Act No. 221 (H.3560), Section 4, eff June 3, 2016.
Effect of Amendment
2016 Act No. 221, Section 4, rewrote the section, making conforming changes, extending the period for scheduling hearings to forty-five days, and revising procedures concerning the conduct of hearings.
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