72-134. Same; appeals; procedure; duties of appeal board.
72-134
72-134. Same; appeals; procedure; duties of appeal board.(a) In accordance with such procedures as the board of directors shallprescribe,any student, the parent or guardian of any student, or any member schoolaggrieved by any decision of the board of directors or the executive boardof the association, orany of its officers or employees, may appeal the decisionby notifying theexecutive director of the association who shall arrange for ahearing before the appeal board of such association. Theappeal boardshall hear the appealwithin 10 days after notification of the appeal has been filedunless the 10-day period is extended for an additionalperiod of time as specified and agreedupon by the parties to the hearing.
(b) In the case of an appeal from a decision of the board of directors,notification of the appeal shall be filed within30 days fromthe date of publication of such decision. The appeal board shall rendera written opinion not later than five days afterthe close ofthe hearing, setting forth its findings of fact and recommendation as tothe determination of the issues. The appeal board may recommend that thedecision of the board of directors be sustained or that such decision bereconsidered and revoked, modified or amended. The appeal board may recommendto the board of directors proposed amendments or modifications of suchdecision,but the board of directors shall not be bound by the recommendations ofthe appeal board. The recommendations of the appeal board shall be submittedto the board of directors which, after considering therecommendations, shall make a final determination of the matter.
(c) In the case of an appeal from a decision of the executive boardor any officer or employee of the association, notification of theappealshall be filed within 30 days from the date on which noticeofsuch decision is received. The appeal board shall render a written decisionnot later than five days after the close of the hearing, setting forththe reasons for its decision and the decision of the appeal boardshall be final.
(d) The hearing provided for in this section shall be an open hearingunless the appellant requests that the hearingbeclosed. A quorum of five members of the appeal board shall berequired forthe purpose of hearing any appeal under this section and a majority voteof the members present for such hearing shall be required for any actionof the appeal board. No member of the appeal board,in the member'scapacity as such member, shall participate in the hearing of any appeal oractupon any matter which involves or will affect any school with which suchmember is associated by reason of employment or the holding of the positionof board of education member.
History: L. 1955, ch. 341, § 5; L. 1957, ch. 375, § 4; L. 1969,ch. 311, § 5; L. 1977, ch. 239, § 5;L. 1993, ch. 245, § 2; July 1.