Upon review of the record, respondent board remanded the proceeding due to gaps in the testimony on the audiotapes of the hearing. This appeal ensued. Petitioners contend that their due process rights were violated. Specifically, petitioners challenge respondents' scheduling of the hearing during school hours, thereby requiring student witnesses to miss class. Petitioners also challenge the superintendent's refusal to allow testimony from minors without parental approval.
Petitioners argue that the superintendent only called witnesses favorable to the district's case.
Finally, petitioners contend that respondents failed to subpoena a witness they requested. Petitioners request a new hearing and reimbursement for costs. Respondents raise a number of procedural defenses and maintain that they did not violate petitioners' due process rights. First, respondents argue that the appeal must be dismissed because of improper service. Petitioners name the board of education, its individual members, and the superintendent of schools as respondents.