Section 515IAC1-5-7. Appeal procedure; second residency year

   (a) A beginning teacher, a beginning building level administrator, or beginning school services personnel who are adversely affected by a determination under section 3(c)(5), 3.1(c)(5), or 3.2(c)(5) of this rule may request a review of the determination by the superintendent of the entity listed in section 1(a) of this rule by submitting a written request for review to the superintendent within fifteen (15) days of receipt of the determination.

  (b) If a request is made in accordance with subsection (a), the superintendent of the entity listed under section 1(a) of this rule shall review the determination and provide the individual requesting the review and the individual who made the original determination with a written decision affirming or reversing the determination within five (5) days of the request.

  (c) If the superintendent reverses the determination in subsection (b), the superintendent shall:

(1) verify completion of the residency on the physical license in the place provided; and

(2) notify the parties of the decision.

  (d) A beginning teacher, a beginning building level administrator, or beginning school services personnel who are adversely affected by the decision in subsection (b) may file a written request for a hearing with the governing body within fifteen (15) days of receipt of the superintendent's decision under subsection (b). The beginning teacher, beginning building level administrator, or beginning school services personnel shall be given at least five (5) days notice of the date, time, and place of the hearing, which shall be held in executive session unless the beginning teacher, beginning building level administrator, or beginning school services personnel request a public hearing.

  (e) The purpose of a hearing requested under subsection (d) is to receive evidence regarding whether the beginning teacher, beginning building level administrator, or beginning school services personnel have demonstrated minimal competence on the performance criteria identified in the growth plan.

  (f) At the hearing, the superintendent or the individual who made the original determination under section 3(c)(5), 3.1(c)(5), or 3.2(c)(5) of this rule and the beginning teacher, beginning building level administrator, or beginning school services personnel shall each have the following rights:

(1) To speak and present evidence.

(2) To present witnesses.

(3) To have a representative present.

(4) To make a record of the proceedings.

  (g) The governing body shall, at its next regularly scheduled meeting following the hearing, affirm or reverse the determination of the superintendent under subsection (b) by a majority vote, as evidenced by the official minutes of the meeting. The decision of the governing body is the final administrative determination.

  (h) If the governing body, under subsection (g), reverses the superintendent's decision, the governing body shall direct the appropriate administrator to do the following:

(1) Verify completion of the residency on the physical license in the place provided.

(2) Notify the parties of the decision.

  (i) No provisions under this section are intended to affect in any way the rights and procedures afforded the parties regarding employment decisions under IC 20-28-6 or IC 20-28-8. (Advisory Board of the Division of Professional Standards; 515 IAC 1-5-7; filed May 21, 1992, 5:00 p.m.: 15 IR 2219; readopted filed Sep 25, 2001, 9:43 a.m.: 25 IR 529; readopted filed Jul 18, 2007, 11:42 a.m.: 20070808-IR-515070238RFA; filed Mar 31, 2010, 3:43 p.m.: 20100414-IR-515090481FRA) NOTE: Transferred from the Indiana State Board of Education (511 IAC 10-7-7) to the Professional Standards Board (515 IAC 1-5-7) by P.L.46-1992, SECTION 19, effective July 1, 1992.