On occasion, the Board will schedule hearings to consider contested cases in accordance with the Missouri Administrative Procedures Act, Chapter 536 of the Missouri Revised Statutes, or due process proceedings that arise of out of a contemplated action that would adversely impact the property or liberty interest of a student or employee. For example, the Board may be required to consider the appeal of a student's long-term suspension from school, the recommendation of the permanent expulsion of a student from school, or the recommendation that a contract employee be terminated or suspended without pay during the contract period.

Under law, the Board may regulate the hearing process by promulgating generally applicable rules. Accordingly, the Board has decided to promulgate a set of rules that will apply to a contested case or due process hearing involving the long-term suspension or permanent expulsion of a student from school or the recommendation that a contract employee be terminated or suspended without pay during the contract period. Each party and each party's counsel or other representative (collectively the "party") shall observe the following rules:

The Board reserves the right to establish a location for the hearing at its convenience. If the hearing room selected by the Board does not accommodate all attendees, the Board has the right, at its discretion, to provide a video feed from the hearing room to another location.

EXCHANGE OF EXHIBITS

A copy of exhibits should be exchanged with the other party in advance of the hearing. Exhibits not exchanged in this fashion may be barred by the Board from introduction into evidence.

The Board imposes a limitation of six (6) hours upon all depositions taken in a proceeding that is subject to this Regulation.

Opening statements shall not exceed ten (10) minutes in length per party.

Closing statements shall not exceed ten (10) minutes in length per party.

Parties are reminded that the Board is comprised of citizens who have volunteered their time. Accordingly, the Board decrees that the following time limitations shall be placed upon the testimony of witnesses: The direct examination of a witness shall be confined to no more than three (3) hours per witness. Cross-examination shall be limited to no more than three (3) hours per witness. Re-direct and re-cross examination shall be limited, respectively, to no more than thirty (30) minutes per witness. The Board will relax these rules only when the most exceptional of circumstances exist.

Parties are encouraged to be as succinct as possible in their written briefings, if any. No briefings shall exceed fifteen (15) pages.

One (1) continuance may be granted to each party at the request of the party. Additional continuances are disfavored. Last-minute continuances are likely to be denied unless exceptional circumstances exist. Although parties are legally entitled to their choice of legal counsel for a contested case hearing, this legal entitlement is not boundless. Legal counsel are expected to attempt to arrange their schedules so that a hearing may be scheduled on a date and during a time when the Board is able to meet. Thus, where a party has requested a continuance, the Board will attempt to provide an alternative date upon which the hearing may occur. Parties and their legal counsel are expected to accommodate the Board's schedule by agreeing to this alternative date.

The Board will issue subpoenas and subpoenas duces tecum if proper application is made. Written application for subpoenas should be submitted to the Board of Education President, at the Board of Education's office, as soon as practical after the applying party becomes aware of the need for the subpoena. Parties are reminded that proper witness fees must be submitted to a subpoenaed party to render the subpoena valid. Moreover, parties applying for a subpoena duces tecum should be advised that their request may be denied and/or approved in part rather than in whole if production of the requested materials would be overbroad, unduly burdensome, vague or ambiguous, outside the time and/or scope of matters at issue at hearing, irrelevant, or subject to an applicable privilege.

Unless otherwise required by law, hearing transcripts will be available to parties at their own cost. If a hearing is tape-recorded, rather than transcribed by a licensed Court Reporter, a written transcript of the hearing will be prepared at either party's request, and such party requesting the written transcript must commit to payment of the regular and/or overtime hourly rate of the District employee appointed by the Board to transcribe the tape recording.

The parties, and all other persons in attendance during the hearing, are expected to maintain order and decorum in the presence of the Board and display respect to the Board. Parties and/or others in attendance may be removed from any proceedings if they fail to conform their conduct to these expectations. Such individuals may also be held in contempt of the Board and referred for prosecution in accordance with Missouri law.

The Board will exercise its statutory authority to sustain an objection -- and thus exclude from introduction at the hearing -- testimony or other evidence which the Board believes is wholly irrelevant, repetitious, privileged, or unduly long. Parties are hereby cautioned to ensure that they comply with this important rule. The Board President, or designee, will rule upon a party's objection when such objection alleges that the testimony or evidence sought to be introduced is wholly irrelevant, repetitious, privileged, or unduly long. If the objection is sustained, the party against whom the objection is sustained shall be entitled to ask the Board President, or designee, for an immediate vote of the quorum of Board members present. The quorum's vote is final.

Hearings will be held in closed session unless an open session hearing is specifically required under federal or state law (for example, a hearing regarding the dismissal of a permanent teacher). Federal law permits the Board to close certain portions of an open hearing when it is foreseeable that certain testimony could involve matters that are confidential or that could impact the rights of a testifying witness, and the Board has the discretion to move these matters into closed session as it determines to be appropriate.

The Board will permit videotape testimony to be entered into the record, in lieu of the testimony of a physically present witness, so long as direct and cross-examination of the witness have been permitted in accordance with this Regulation.

The Board President, or designee, will typically serve as the Board's spokesperson during hearings and will be responsible for facilitating the smooth operation of the hearing process.

Parties and their counsel are warned that the Board intends to enforce these rules. If a party fails to follow these rules, the Board may, at its discretion, find a non-compliant party in contempt of the Board and seek the enforcement of the contempt citation in accordance with Missouri law.