7 Miss. Code. R. § 3-14.6.4 - Appeals

Current through April 7, 2022

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, subcommittee, 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 unless the aggrieved party appeals 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

7 Miss. Code. R. § 3-14.6.4
Miss. Code Ann. §§ 25-41-7, 37-1-3, and 37-3-2
Adopted 2/22/2021 Adopted 1/20/2022

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