Policies Governing Adjudications, Procedures,
and Delegation of Authority

I. Adjudications

Use of Administrative Law Judges

An Administrative Law Judge (ALJ) will be used for all adjudications.

The board's administrator will appoint ALJ's on behalf of the board. Since parties are not always clearly defined in cases coming from the Department of Education, ALJ's shall attempt to notify the following of proceedings before the ALJ: 1) persons or organizations that participated in the Department review of a matter; and 2) persons or organizations that are identified as having an interest in the matter of sufficient magnitude to qualify as a potential party under the Administrative Orders and Procedures Act (the Act). It is, however, incumbent upon parties or potential parties to assert their rights under the Act.

In order to help board members remain aware of issues handled by ALJ's, the board's administrator will provide reports on adjudications, to include analysis of trends and status of judicial review.

Ex Parte Communications

During the pendency of any proceeding, board members will not communicate on any issue related to the proceeding with any party or any individual who has an identified direct or indirect interest in the proceeding. Communications of this nature can prejudice other parties since they cannot be rebutted. These communications also can result in decisions being made by different board members relying on different facts or perceptions. Based on past experience, board members can expect to receive communications about issues before the board from persons who do not realize the adverse effect (or even potentially illegal consequences) of their actions.

Board members should follow the procedures specified in the Act for any communication that clearly or likely qualifies as ex parte communication. These procedures include notifying, through the boards administrator, the parties and making the communication a part of the record. Other communications may be acknowledged, but board members should not comment on the substance of matters related to a proceeding or potential proceeding. Board members should indicate that communication on matters related to a proceeding is not appropriate and will not be considered unless the communication is properly a part of the record in the case.

In order to help board members avoid inadvertent ex parte communications, the administrator shall advise board members of cases filed with the board.

Board Review of ALJ Decisions

If written objections to an ALJ's order are filed, the opposing party or parties shall be provided with a copy of the written objections. The case shall be set for consideration at the next board meeting following receipt of the written objections, provided that all parties must have sufficient advance notice (customarily ten days) of board consideration.

If no written objections are filed in a case, the ALJ's order shall become final at the next board meeting following the fifteen (15) day period during which parties may file written objections unless the board, by majority vote, decides to review the ALJ's order. The board shall review the order at the next board meeting, and all parties shall be notified of the review.

Board review shall be limited to issues identified in the written objections or in the motion to review. The board shall not receive evidence. Each party shall be provided five (5) minutes for oral argument. Board members may question the parties.

II. Procedures

A motion or resolution that has general applicability may not be adopted at the meeting at which the motion or resolution is offered. At the discretion of the board, a motion or resolution that has general applicability may be adopted by consent.

A motion or resolution that responds to a specific case or controversy properly before the board may be adopted at the board meeting at which it is offered, even if the motion or resolution will have general applicability or precedence value. The motion shall be adopted by voice vote. If the vote is not unanimous a roll call shall be conducted, and board members shall indicate their vote.

At the request of a board member a motion or resolution shall be reduced to writing.

Board members shall not speak twice to an issue until all board members have had an opportunity to speak to that issue.

A quorum consists of six (6) members. Final action requires six (6) votes. Procedural motions (to continue or postpone to a specified time, to amend, to close discussion) require a majority of the quorum. At the discretion of the board, procedural motions may be adopted by consent. The board shall not table an item permanently or indefinitely.

A consent agenda shall be used for routine or ministerial tasks.

Other matters shall be determined under Robert's Rules of Order.

III. Delegation of Authority

Adjudications

Teacher Summer Employment Tax Credits - Approval authority is delegated to the Department (Legal Staff) subject to appeal to the Board.

Center for School Improvement and Performance

Nonstandard Programs -- Delegated to Center with appeal to board.

Prime Time Instructional Assistant Approval -- Consent agenda.

Technology Loans -- Consent agenda.

Center for Special Student Populations

Program Allocations -- Consent agenda.

Updated Special Education Enrollment -- Consent agenda.

Center for Administration and Financial Management

Construction and Technology Loans -- Consent agenda.

Construction Approval and Certification -- Board responsibility for unreorganized school corporations is specified by statute. No delegation of authority is permitted.

School Finance Counts -- Consent agenda.

Center for Assessment

Performance-Based Accreditation (PBA) -- Board and department responsibilities are specified by statute and rule.

Indiana Statewide Testing for Educational Progress (ISTEP+) -- Board and department responsibilities are specified by statute and rule.

Adopted: September 4, 1991

Technical Amendments: October 4, 1993, November 30, 1995, September 24, 1997, and August 13, 1998 (creation of Professional Standards Board, adoption of new statutes, repeal of statutes, and promulgation of new rules)