279.16 Private hearing — decision — record.
1. The participants at the private hearing shall be at least a majority of the members of the board and their legal representatives, if any, and the witnesses for the parties. The superintendent, the superintendent’s designated representatives, if any, the teacher’s immediate supervisor, the teacher, and the teacher’s representatives, if any, may participate in the hearing as well. The evidence at the private hearing shall be limited to the specific reasons stated in the superintendent’s notice of recommendation of termination. A participant in the hearing shall not be liable for any damages to any person if any statement at the hearing is determined to be erroneous as long as the statement was made in good faith. The superintendent shall present evidence and argument on all issues involved and the teacher may cross-examine, respond, and present evidence and argument in the teacher’s behalf relevant to all issues involved. Evidence may be by stipulation of the parties and informal settlement may be made by stipulation, consent, or default or by any other method agreed upon by the parties in writing. The board shall keep a record of the private hearing. The proceedings or any part thereof shall be transcribed at the request of either party with the expense of transcription charged to the requesting party.
2. The presiding officer of the board may administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising criminal or civil jurisdiction.
3. The board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, but it shall hold the hearing in such manner as is best suited to ascertain and conserve the substantial rights of the parties. Process and procedure under sections 279.13 through 279.15, this section, and sections 279.18 and 279.19 shall be as summary as reasonably may be.
4. If the teacher fails to timely request a private hearing or does not appear at the private hearing, the board may proceed and make a determination upon the superintendent’s recommendation. The board shall convene in open session and by roll call vote determine the termination or continuance of the teacher’s contract and, if the board votes to continue the teacher’s contract, whether to suspend the teacher with or without pay for a period specified by the board or issue the teacher a one-year, nonrenewable contract.
5. Within five days after the private hearing, the board shall, in executive session, meet to make a final decision upon the recommendation and the evidence as herein provided.
6. a. The record for a private hearing shall include:
(1) All pleadings, motions, and intermediate rulings.
(2) All evidence received or considered and all other submissions.
(3) A statement of all matters officially noticed.
(4) All questions and offers of proof, objections, and rulings thereon.
(5) All findings and exceptions.
(6) Any decision, opinion, or conclusion by the board.
b. The decision of the board shall be based solely on the evidence in the record and on matters officially noticed in the record.
7. The decision of the board shall be in writing.
8. When the board has reached a decision, opinion, or conclusion, it shall convene in open meeting and by roll call vote determine the continuance or discontinuance of the teacher’s contract and, if the board votes to continue the teacher’s contract, whether to suspend the teacher with or without pay for a period specified by the board or issue the teacher a one-year, nonrenewable contract. The record of the private hearing and written decision of the board shall be exempt from the provisions of chapter 22. The secretary of the board shall immediately mail notice of the board’s action to the teacher.
[C77, 79, 81, §279.16]
92 Acts, ch 1008, §1; 92 Acts, ch 1227, §19; 2001 Acts, ch 62, §1; 2017 Acts, ch 2, §32, 33, 48, 49; 2018 Acts, ch 1026, §96; 2019 Acts, ch 24, §37
Referred to in §260C.39, 262.9, 272.15, 273.22, 275.33, 279.13, 279.14, 279.19, 279.19B, 279.27
For provisions relating to applicability of 2017 amendments to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see
2017 Acts, ch 2, §48, 49
Structure Iowa Code
Title VII - EDUCATION AND CULTURAL AFFAIRS
Chapter 279 - DIRECTORS — POWERS AND DUTIES
Section 279.1 - Organization — student improvement oversight.
Section 279.2 - Special meetings.
Section 279.3 - Appointment of secretary and treasurer.
Section 279.5 - Temporary officers.
Section 279.6 - Vacancies — qualification — tenure.
Section 279.7 - Vacancies filled by special election — qualification — tenure.
Section 279.7A - Interest in public contracts prohibited — exceptions.
Section 279.8 - General rules — bonds of employees.
Section 279.8A - Traffic and parking.
Section 279.8B - Petition — school board meeting agenda — public comment.
Section 279.9 - Use of tobacco, alcoholic beverages, or controlled substances.
Section 279.9A - Student transfers — information sharing.
Section 279.9B - Reports to juvenile authorities.
Section 279.10 - School year — beginning date — exemption.
Section 279.11 - Number of schools — attendance — terms — classroom assignment.
Section 279.12 - Contracts — teachers — insurance — educational leave.
Section 279.14 - Evaluation criteria and procedures.
Section 279.14A - Practitioner performance improvement program.
Section 279.15 - Notice of termination — request for hearing.
Section 279.16 - Private hearing — decision — record.
Section 279.17 - Appeal by teacher to adjudicator.
Section 279.18 - Appeal by teacher to court.
Section 279.19 - Probationary period.
Section 279.19A - Extracurricular contracts.
Section 279.19B - Coaching endorsement and authorization.
Section 279.20 - Superintendent — term — employment of support personnel.
Section 279.22 - Residence of employees.
Section 279.23 - Continuing contract for administrators.
Section 279.23A - Evaluation criteria and procedures.
Section 279.24 - Contract with administrators — automatic continuation or termination.
Section 279.25 - Discharge of administrator.
Section 279.26 - Lease arrangements.
Section 279.27 - Discharge of teacher.
Section 279.28 - Insurance — supplies — textbooks.
Section 279.29 - Claims — investments.
Section 279.30 - Payments — exceptions.
Section 279.31 - Settlement with treasurer.
Section 279.32 - Compensation of officers.
Section 279.33 - Annual settlements.
Section 279.34 - Motor vehicles required to operate on ethanol blended gasoline.
Section 279.35 - Publication of proceedings.
Section 279.36 - Publication procedures and fee.
Section 279.37 - Employment of counsel.
Section 279.38 - Membership in association of school boards — audit.
Section 279.38A - Membership in other organizations— reporting requirements.
Section 279.39 - School buildings.
Section 279.41 - Schoolhouses and sites sold — funds.
Section 279.42 - Gifts to schools.
Section 279.43 - Reporting inappropriate teaching assignments.
Section 279.44 - Energy audits.
Section 279.45 - Administrative expenditures.
Section 279.46 - Retirement incentives — tax.
Section 279.47 - Telecommunications — participation by school districts in database development.
Section 279.48 - Equipment purchase.
Section 279.49 - Child care programs.
Section 279.50 - Human growth and development instruction.
Section 279.50A - Educational standards — agreements for mathematics and science units.
Section 279.51 - Programs for at-risk children.
Section 279.51A - Classroom environment — behavioral challenges — reports of violence or assault.
Section 279.52 - Optional funding of asbestos projects.
Section 279.53 - Loan proceeds.
Section 279.54 - School district income surtax.
Section 279.55 - Teacher exchange program.
Section 279.56 - Board participation.
Section 279.57 - Period of exchange.
Section 279.58 - School dress code policies.
Section 279.59 - Access by associations.
Section 279.60 - Assessments — access to data — reports.
Section 279.61 - Individual career and academic plan — report.
Section 279.62 - Nonprofit school organizations.
Section 279.63 - Financial report.
Section 279.64 - Tax-sharing agreements.
Section 279.66 - Discipline and personal conduct standards.
Section 279.67 - Competitive living wage.
Section 279.68 - Student progression — intensive reading instruction — reporting requirements.
Section 279.69 - School employees — background investigations.
Section 279.71 - Student online personal information protection.
Section 279.72 - Training on dyslexia.
Section 279.73 - Intellectual freedom — protection — complaints.
Section 279.74 - Training and curriculum prohibited — specific defined concepts.