N.H. Admin. Code § Ed 204.02

Current through Register No. 50, December 12, 2024

Section Ed 204.02 - Hearing Procedure For Teacher Nonrenewal

(a) A school board shall notify an educator who will not be renominated or reelected for the next school year.

(b) The notice of nonrenewal shall be sent to such educator by the date specified in RSA 189:14-a.

(c) The procedure in this section shall apply to any educator who has received notice of nonrenewal who has:

(1) A valid educator certificate issued by the department; and

(2) Taught for 3 or more years in the school district; or

(3) Taught for 2 consecutive years or more in any school district in the state, after having taught 3 consecutive years or more in any school district in the state may request in writing, within 10 days of receipt of said notice:

a. A hearing before the school board, and

b. The reasons for nonrenewal.

(d) The school board, upon receipt of a request, pursuant to (c), above, shall commence a hearing for the educator within 15 days, unless the parties agree otherwise.

(e) The hearing shall be conducted in accordance with the following:

(1) The hearing shall be either public or nonpublic;

(2) The choice shall be that of the educator, consistent with the provisions of RSA 91-A:3, II(a);

(3) The hearing shall be recorded;

(4) Upon request of either party the board shall arrange for transcription;

(5) The party requesting the transcription shall bear the cost;

(6) Either party may be represented by legal counsel;

(7) All witnesses, except the parties principal to the action, shall be:

a. Sequestered from hearings held in nonpublic session; and

b. Allowed to enter the nonpublic session only for the purpose of testifying;

(8) All testimony shall be under oath or affirmation;

(9) The school superintendent, or school board if the teacher was nominated but not reelected, or their representative shall open the proceedings through the production of witnesses and documents;

(10) Each party opponent shall be afforded the opportunity to cross-examine each witness immediately following the direct testimony;

(11) After each party opponent has had an opportunity to cross-examine a witness, members of the board may ask questions of the witness for purposes of clarification;

(12) A party shall offer evidence as follows, but irrelevant, immaterial, or unduly repetitious evidence shall be excluded:

a. A party shall produce such additional evidence as the school board deems necessary to an understanding and determination of the issues;

b. All relevant and material evidence shall be admissible; and

c. Hearings shall not be bound by the New Hampshire rules of evidence or the Federal Rules of Evidence;

(13) The school board may receive and consider the evidence of witnesses subject to consideration of any objections made to its admission;

(14) Witnesses shall appear in person unless extenuating circumstances prevent them from such appearance, provided that both parties agree, in which event:

a. The appearance shall occur through other means including, but not limited to a telephone call; and

b. Cross-examination shall be available;

(15) Exhibits, when offered by either party, may be received in evidence by the school board;

(16) After the school board or superintendent has presented its case, the educator shall present his/her case and produce his/her witnesses for examination;

(17) Rebuttal evidence may be presented by either party, limited to rebut evidence previously submitted by the other party;

(18) After all the evidence is submitted to the school board, the educator or his/her legal counsel shall be given an opportunity to make a short summary of his/her case to the school board;

(19) The school board or superintendent shall then be afforded an opportunity to present a short summary of its case to the school board;

(20) If the educator was nominated but not reelected, the school superintendent or school board or its representative shall have the burden of proving its case by a preponderance of the evidence;

(21) The school board shall meet to deliberate based solely on the evidence presented at the hearing, and the deliberation shall be in public or nonpublic session consistent with RSA 91-A:3,II(a);

(22) The school board shall provide a written decision to the educator within the time specified in RSA 189:14-a;

(23) The decision shall list the pertinent facts and conclusions of law found by the school board in arriving at its decision;

(24) The school board shall, in its decision, advise the educator of his/her right to appeal the decision to the state board; and

(25) This decision shall be mailed to the educator by certified mail.

N.H. Admin. Code § Ed 204.02

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04

New. #8334-A, eff 4-23-05 (from Ed 216.02 )