Mississippi Administrative Code › Title 7 - Education K-12 › Part 24 - Mississippi Public School Accountability Standards 2023 › ACCREDITATION POLICIES OF THE STATE BOARD OF EDUCATION › Sec2 7-24-6.0 - HEARING AND APPEAL PROCEDURES › Section 7-24-6.0-6.3 - HEARING PROCEDURES

Current through June 25, 2024
6.3.1 The CSA's
				  representative sets the time, place, and date for a hearing and notifies all
				  parties of the time, place, and date of the hearing by certified mail, return
				  receipt requested. All parties may be represented by counsel at the expense of
				  the party. The hearing is conducted in such a manner as to afford all parties a
				  fair and reasonable opportunity to present witnesses and other evidence
				  pertinent to the issues and to cross-examine witnesses presented by the
				  opposing party. The CSA's representative may permit any portion of the evidence
				  to be submitted in the form of depositions or affidavits; and in case
				  affidavits are received, an opportunity to present counter-affidavits is
				  provided.
6.3.2 It is the
				  responsibility of each party at the hearing to secure the attendance of such
				  witness or witnesses as the party deems necessary or appropriate, and any
				  expense connected with the attendance of such witnesses is borne by the party
				  responsible for the attendance of the witness.
6.3.3 At least fourteen (14) calendar days
				  prior to the hearing, parties represented by counsel and/or producing witness
				  will provide a list containing the name, address, and telephone number of
				  counsel and/or witnesses, and copies of all exhibits that will be produced at
				  the hearing, to the other party or parties, and the CSA.
6.3.4 In conducting the hearing, the CSA's
				  representative is not bound by common law or by statutory rules of evidence or
				  by technical or formal rules of procedure, provided, however, hearsay evidence,
				  if admitted, is not the sole basis for the determination of facts by the CSA's
				  representative.
6.3.5 After
				  presentation by the MDE regarding recommended action and policy in support
				  thereof, the party filing the written notice of hearing has the burden of going
				  forward with the evidence, and at the conclusion of the hearing, the CSA's
				  representative grants any party the opportunity to present a statement in such
				  party's own behalf, either in person or by such party's attorney.
6.3.6 All hearings held before the CSA's
				  representative are recorded and transcribed by a court reporter whose fees and
				  costs of transcription are paid by the school district involved within
				  forty-five (45) calendar days after having been notified of such costs and fees
				  by the CSA. Within thirty (30) calendar days of receipt of the transcribed
				  record of the hearing, the CSA's representative files a written recommendation
				  to the CSA as to the resolution of the controversies. Upon consideration of the
				  transcribed record and recommendation of its representative, the CSA shall
				  meet, make its decision and notifies all parties in writing by certified mail,
				  return receipt requested. The decision of the CSA is final unless the school
				  board of the school district involved elects to appeal to the SBE.