- (a) All persons wishing to testify before the State Board of Education shall first be placed under oath by the Chair of the State Board of Education.
(b)
- (1) Each party that wishes to participate in the hearing may take up to fifteen (15) minutes to present its case, beginning with the nonresident school district, followed by the resident school district, and then the appealing party.
- (2) The chair may allow the parties additional time to present their cases.
(c)
- (1) The state board, at its discretion, shall have the authority to require any person associated with the application to appear in person before the state board as a witness during the hearing.
(2) The state board may accept testimony by:
- (A) Affidavit;
- (B) Declaration;
- (C) Deposition transcript; or
- (D) Hearing transcript.
- (d) The state board will resolve the appeal based upon the totality of evidence presented.
(e) On appeal, the school district denying a petition:
- (1) Bears the burden of justifying its decision to deny a family’s petition; and
- (2) Must overcome that burden with a clear and convincing reason for that decision.
(f)
(1) When hearing an appeal, the state board may take one (1) of the following actions:
- (A) Affirm denial of a petition by the school district board of directors;
- (B) Overturn the school district board of directors and grant the transfer petition; or
- (C) Table the petition for consideration at a future meeting to be held not more than forty-five (45) days from the date of the initial hearing.
- (2) In addition, the state board may reduce or eliminate any tuition agreement obligation attached to a legal transfer on appeal under this part.
- (g) The consideration of a petition under this part shall be conducted in an open meeting.
- (h) The state board shall provide a written decision to the Division of Elementary and Secondary Education, the appealing party, the nonresident district, and the resident district within fourteen (14) days of announcing its decision under this section.