1.    At the hearing required by section 15.1-15-05, the school district superintendent or a designee of the board shall present testimony or documentary evidence regarding the reasons for the contemplated nonrenewal of the individual‘s contract.

Terms Used In North Dakota Code 15.1-15-06

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

2.    The board of the school district contemplating the nonrenewal of an individual’s contract may call additional witnesses to present testimony or documentary evidence regarding the reasons for nonrenewal.

3.    The individual whose contract is subject to nonrenewal may call witnesses and produce evidence necessary to refute the reasons for the nonrenewal.

4.    Each witness appearing on behalf of the board of the school district or the individual whose contract is subject to nonrenewal may be questioned for the purpose of clarification.

5.    The board of the school district shall review all testimony and evidence presented at the hearing and make a determination regarding the nonrenewal. If the board determines that the reasons for nonrenewal have not been substantiated, the board shall dismiss the nonrenewal proceedings.

6.    Unless otherwise agreed to by the board of the school district and the individual subject to the nonrenewal, the hearing must be conducted as an executive session of the board, except that:

a.    The individual may invite to the hearing any two representatives, and the individual’s spouse or one other family member; and

b.    The board may invite to the hearing any two representatives, the school district business manager, and the school district superintendent.

7.    The individual subject to the nonrenewal may request one continuance. If a continuance is requested, the board of the school district shall grant a continuance not in excess of seven days.

8.    No cause of action for libel or slander may be brought regarding any communication made in an executive session of the board held for the purposes provided in this section.

9.    A determination by the board of a school district not to renew an individual’s contract is, if made in good faith, final and binding on all parties.

10.    If the board of a school district elects not to renew an individual’s contract, the board shall provide notice of its determination to the individual in writing on or before May first.

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