SB 40 Procedure

USD 305 Senate Bill 40 Hearing Procedure

Kansas Senate Bill No. 40 grants authority to the Board of Education of the school district to take any action, issue any order, or adopt any policy, in response to a COVID-19 state of disaster emergency, which affects the operation of any school or attendance center of the school district.

An employee, a student or the parent or guardian of a student aggrieved by an action taken, order issued or policy adopted by the Board of Education of the District may request a hearing by the District’s Board of Education to contest the action within thirty (30) days of the action, order, or policy.

Kansas Senate Bill No. 40 further grants the USD 305 Board of Education authority to adopt rules of procedure to facilitate the efficient adjudication of any hearing requested pursuant to the law.

The following rules of procedure shall apply to Senate Bill 40 Hearings:

 

1) A request for hearing should include the name of the requester, contact information, name of the school involved, name of the aggrieved student, if filed on their behalf, specific action, and date of contested action. The district will make a hearing request form available.

2) A request for hearing will be considered received when presented to the Clerk of the Board in writing (physical or electronic) during regular business hours.

3) A hearing for a valid request will occur within three (3) business days from the receipt of the request.

4) The Board of Education has appointed the superintendent or her designee to act as hearing officer.

5) Requests to contest the same action, order, or policy may be consolidated and requestors may be limited in time to present their information and may be asked appoint a single speaker.

6) These rules of procedure may be modified by the superintendent or his designee hearing a request as necessary.

7) The hearing officer will prepare a report for the Board of Education including a recommended decision for the Board to consider.

8) A decision regarding the contested action will be made by the Board of Education and communicated to the requester within seven (7) days after the hearing by the hearing officer.

 

What to expect at the hearing:

  • The Board has appointed a hearing officer to hear the complaint and provide an opinion on the matter to the Board.  It is important to note that the hearing officer will be providing a recommendation only.  Once the hearing is completed and the hearing officer’s recommendation has been provided, the Board will convene within seven days to consider the findings of the hearing officer and make its final decision on the matter.
  • At the hearing, the complainant will be given an opportunity to present information and testimony regarding the board’s action, order, or policy at issue and the reasons for the complaint.
  • A representative of the board may also have the opportunity to provide testimony and/or information to support its position, although the board may waive this right.
  • The hearing is an informal hearing.  This means that while any testimony or information presented at the hearing must be relevant to the complaint, the traditional rules of evidence will not apply. The testimony and information provided by the parties may be in the form of direct testimony, written statements, and/or supporting documents.
  • The hearing officer decides what is relevant, may interrupt testimony, ask questions of the participants and act on any objections as necessary.
  • The complainant and the board representative will each have an opportunity to cross-examine or rebut any evidence presented.
  • The hearing will be recorded.

The hearing is an open meeting under Kansas Law.  This means that members of the public have a right to attend.  However, open forum for public comments is not available during the hearing.

SB 40 Request for a Hearing