Indiana Code 20-26-11-15. Determination by state board
(1) All appeals from an order expelling a child under IC 20-33-8-17.
Terms Used In Indiana Code 20-26-11-15
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(3) All disputes on the following:
(A) Legal settlement.
(B) Right to transfer.
(C) Right to attend school in any school corporation.
(D) Amount of transfer tuition.
(E) Any other matter arising under this chapter.
The board shall hold a hearing on the timely written application of any interested party.
(b) The state board shall make its determination under the following procedure:
(1) A hearing shall be held on each matter presented.
(2) Each interested party, including where appropriate, the parents, the student, the transferor corporation, the transferee corporation, or the state, shall be given at least ten (10) days notice of the hearing by certified mail or by personal delivery.
(3) The date of giving the notice is the date of mailing or delivery.
(4) Any interested party may appear at the hearing in person or by counsel, present evidence, cross-examine witnesses, and present in writing or orally summary statements of position.
(5) A written or recorded transcript of the hearing shall be made.
(6) The hearing may be held by the state board or by a hearing examiner appointed by it who must be a state employee.
(7) The hearing, at the option of the state board or hearing examiner, may be held at any place in Indiana.
(8) The hearing examiner shall make written findings of fact and recommendations.
(9) The determination of the state board must be made on the basis of the record, summaries, and findings, but it is required to examine only those parts of the entire record as it considers necessary.
(c) The hearing and proceedings are not governed by IC 4-21.5.
(d) The determination of the state board is final and binding on the parties to the proceeding.
(e) A notice of the state board’s determination shall be mailed to each party by certified mail. An action to contest the validity of the decision may not be instituted more than thirty (30) days after the mailing of the notice.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-6.1-10.]
As added by P.L.1-2005, SEC.10.