7 Miss. Code. R. 3-14.6.4 - Appeals
1. The aggrieved party appealing any decision
rendered by the Commission on Teacher and Administrator Education,
Certification and Licensure and Development, a sub-committee thereof, or
Hearing Officer pursuant to Miss. Code Ann. §
37-3-2, may submit a written
notice of appeal to the Executive Secretary of the Mississippi Board of
Education within ten (10) days of receipt of the subject decision.
2. The notice of appeal should state with
particularity the matters which, in the opinion of the Appellant, have been
overlooked or mistakenly conceived in the decision by the Commission, sub-
committee, or Hearing Officer. An appeal to the Mississippi Board of Education
is not intended as an opportunity for rearguing the entire case.
3. The Mississippi Board of Education will
consider the appeal at a regularly scheduled meeting within sixty (60) days
following the perfection of the appeal unless an alternative scheduling is
agreed to by the parties. Such appeal will be on the record previously made
before the Commission, sub-committee, or Hearing Officer, and may be
supplemented by a briefing of the issues by the parties. The Board may, at is
discretion, afford the parties an opportunity to present oral presentations and
respond to questions concerning the appeal. Such presentations shall not exceed
fifteen (15) minutes per party. Failure by the appealing party to perfect the
appeal within thirty (30) days of the filing of the notice of the appeal shall
be dismissed.
4. The Mississippi
Board of Education may affirm, reverse, or remand with instructions, the
decision of the Commission, its sub-committee, or Hearing Officer. The
Mississippi Board of Education shall not disturb the decision without a finding
the decision was not supported by substantial evidence, was arbitrary and
capricious, was not within the authority of the Commission, and/or violated a
statutory or constitutional right of the Appellant.
5. The decision of the Mississippi Board of
Education shall be final. An aggrieved party may appeal to the Chancery Court
of the First Judicial District of Hinds County, Mississippi. An appeal from the
action of the Mississippi Board of Education shall be filed in the Chancery
Court of the First Judicial District of Hinds County, Mississippi, within
thirty (30) days after notification of the action by the Mississippi Board of
Education is mailed or served in in accordance with Miss. Code Ann. §
37-3- 2.
Notes
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