(a) Any person, hearing officer or any member of a committee or the board of education conducting a hearing under this act may:

(1) Administer oaths for the purpose of taking testimony;

Terms Used In Kansas Statutes 72-6119

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board of education: means the board of education of a unified school district or the governing authority of an accredited nonpublic school. See Kansas Statutes 72-6131
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • counsel: means any person a pupil selects to represent and advise the pupil at all proceedings conducted pursuant to the provisions of this act; and

    (h) "principal witness" means any witness whose testimony is of major importance in support of the charges upon which a proposed suspension or expulsion from school is based, or in determination of material questions of fact. See Kansas Statutes 72-6121

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • School: means a public school or an accredited nonpublic school. See Kansas Statutes 72-6131
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(2) call and examine witnesses and receive documentary and other evidence; and

(3) take any other action necessary to make the hearing accord with procedural due process.

(b) Any hearing officer, any member of a committee or the board of education holding a formal hearing or an appeal hearing under this act may and, upon the request of any pupil for whom any such hearing is held or upon the request of the pupil’s parents or guardians or counsel, shall petition the chief judge of the judicial district in which the school district is located requesting that the clerk of the district court be authorized to issue subpoenas for the attendance and testimony of the principal witness or witnesses and the production of books, records, reports, papers and documents relating to the proposed suspension or expulsion from school in the same manner as provided for the issuance of subpoenas in civil actions pursuant to Kan. Stat. Ann. § 60-245, and amendments thereto.