Altheimer Symposium on Water Rights Scheduled Marl<. your calendars for this year's Ben J. Altheimer Symposium at the UALR William H. Bowen School of Law. On April 12:Water Rights in the 21 st Century: The Challenges Move East" will bring together national and local law scholars and practitioners in an examination of water resource issues of particular importance to Arl<.ansas and surrounding states. Nationally recognized presenters George Gould, Joseph Dellapenna, and Robert Abrams, all outstanding speakers and authors of the most influential water rights materials in the United Staes, will join a number of Arl<.ansans, including Jake Looney (UA-Fayetteville), James Goodhart (Arl<.. Game and Fish), and Alan Perkins (L.R. attorney), in critically examining policy, regulatory, and environmental concerns of water supply and usage. The program, to be held at the law school in Little Rock, has been approved for CLE credits. Advance registration is required. For registration information, please call or email Peggy Egan, coordinator, 501-324-9918 (law review office) 603-9501 (home) or megansofla@aol.com. 18 TI,e Ark.ns.s J.;jwyer VWMI.ar1<barcom
must be set between five and twenry days from the date of the receipt by a board officer of the request, bur that time may be extended by written agreemenr. A.CA. 6-17-1509 (Supp. 1999) If the reacher or his representative needs a hearing dare beyond the twCIHY days, have him pur the request in a leuct. The "agreement" can be memorialized by a return lerrer, staring that rhe district agrees ro the requesr. If there is no request for a hearing continuance, plan on having the hearing within rhe time. Even if the school board members will have problems meeting during that period of time, a hearing should be held. Although having a hearing beyond the rwency days for an excusable reason might "substantially comply" with the tjme requirement, I don't recommend finding out for sure, rhe hard way. At the hearing, the board president should open the meeting, idenrify the parries and their representatives, and ask the teacher whether he wants the hearing open or dosed to the public. If open, proceed. If closed, excuse everyone from the room who is not necessary to the hearing and proceed. Witnesses may be called in, one at a time, then excused after giving testimony. The administration goes first, with the superinrendent giving his recommendation ro the board (e.g., ") recommend that the teaching conrract of Mr. John Jones be terminated."). The presentation is made, consistent with the reasons set out in the superintendent's notice lerrer (which should be "exhibit ."), calling witnesses as necessary. A teacher dismissal hearing is not a court proceeding, so the rules of evidence do not apply. In orher words, hearsay is ok. If direct testimony on all issues was required, it would be impossible in many cases ro have a hearing, since school boards do not have subpoena power. Any witness for the adminisrrarion may be quesrioned by the teacher or his representative. Each witness may, also, be questioned by school hoard members. Following the administration's presentation, the teacher should he allowed to make his presentatjon. As long as it is organized, it doesn't matter how the teacher makes his presentation. Any of the teacher's witnesses (including the teacher, whether he testifies or nor) may be questioned by the school board and either the sllperinrendent, principal or other administrator who has knowledge of the situation. Under no
circumstances should school board members be questioned. Closing arguments by the reacher and the superintendent (or principal, etc.) are usually allowed.
The law addressing teacher dismissals has come a long way. Following the closing argument, the school board should go into executive session (regardless of whether the hearing was open or closed), and you should state on the record that only school boa.rd members will be allowed in the executive session. Since the superintendent is making the recommendation of dismissal, he is an advocate and musr not be allowed into the executive session. When the board rerurns to public session for the vote, the board must first vote on whether each of those reasons set out in the superintendent's letter is true or not true. Not why a reason is true or not, only whether it is true or nor. After each vote, the hoard muSt execute a written finding of fact setting out the finding of true or not true, relared on the form to the particular numbered reason from the superintendent's letter. A.CA. 6-17-1510(c). It is best 1'0 caution rhe board not to discuss the motion. Tell them simply to make the motion, the second and then vore. Unfortunate board member comments on the record will not help in the courtroom. When the findings of fact are complered. the board then votes on whether ro accepr, reject or modify the recommended dismissal. If the board finds all of the reasons not to be true, then there is no factual basis for the board ro vote other than to reject the recommendation. If even one reason is found to be true, then the hoard has all three options, assuming that the reason found to be rrue constitutes "just and reasonable cause." That determination, of course, is made hy the school board and should be given considerable weight in any appeal. A.CA. 6-17-1510(b)(3) allows the school board up to ten days from the date of
THE ARKANSAS TEACHER FAIR DISMISSAL Acr Continued on page 23