53E-6-607. Policies for conducting hearings -- Standard of proof.
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Effective 5/6/2026
53E-6-607. Policies for conducting hearings -- Standard of proof.
(1)The state board and each local school board shall adopt policies for the conduct of hearings to ensure that requirements of due process are met.
(2)An accused party shall be provided not less than 15 days before a hearing with:
(a)notice of the hearing;
(b)the law, rule, or policy alleged to have been violated;
(c)sufficient information about the allegations and the evidence to be presented in support of the allegations to permit the accused party to prepare a meaningful defense;
(d)a copy of the policies under which the hearing will be conducted; and
(e)if the proceeding may result in suspension or revocation of a license:
(i)a statement explaining the potential restrictions on employment and volunteer service under Section 53E-6-604.5 ;
(ii)a statement of the circumstances under which the restrictions apply automatically; and
(iii)a statement of the circumstances under which the restrictions require written findings by the state board.
(3)If an accused party fails to request a hearing within 30 days after written notice is sent to the party's address as shown on the records of the local school board, for actions taken under the auspices of a local school board, or on the records of the state board, for actions taken under the auspices of the state board, then the accused party shall be considered to have waived the right to a hearing and the action may proceed without further delay.
(4)Hearing fact finders shall use the preponderance of evidence standard in deciding all questions unless a higher standard is required by law.
(5)Unless otherwise provided in this public education code, the decisions of state and local school boards are final determinations under this section, appealable to the appropriate court for review.
Amended by Chapter 490 , 2026 General Session