Current through Register Vol. 54, No. 45, November 9, 2024
Section 351.4 - Rules of practice and procedures for teacher tenure appeals filed with the Secretary(a) The legal division will set the day and time for the hearing and send a copy of the notice of hearing to all parties.(b) Immediately upon receipt of the notice of the hearing, the secretary of the board shall forward to the Secretary the following:(1) One copy of the transcript of the proceedings before the board concerning the appellant.(2) Two copies of the statement of charges served upon the appellant.(3) Two copies of relevant minutes and resolutions of the board concerning the appellant.(4) Two copies of the appellant's professional employe contract.(5) Two copies of other documents the secretary of the board or the board itself deems relevant to this appeal which are part of the record as set forth in subsections (c)-(h).(c) The secretary of the board will submit an explanation if any of the materials listed in subsection (b) are not available.(d) A request for more specific pleadings may be made by the Secretary. Immediately upon receipt, the appellant shall answer the request and send two copies to the Secretary and one copy to the opposing counsel.(e) Prehearing conferences may not be held unless, in the discretion of the hearing examiner, a conference is necessary to expedite the hearing.(f) Opposing counsel are required to exchange all material pertinent to the appeal and submit this material to the Secretary prior to the hearing.(g) The appellant shall open and close the argument unless otherwise directed by the hearing examiner.(h) Where there has been a hearing before the Board prior to the hearing before the Secretary, argument will be limited to 30 minutes for each party.The provisions of this §351.4 adopted March 31, 1978, effective 4/1/1978, 8 Pa.B. 830. This section cited in 22 Pa. Code § 351.5 (relating to appeals from denial of a hearing).