§ 1707 - Appeal from panel order - Vermont Statutes

§ 1707. Appeal from panel order

(a) Appeal to state board of education.

(1) A party aggrieved by a final decision of a hearing panel may, within 30 days of the decision, appeal that decision by filing a notice of appeal with the administrative officer of the hearing panel who shall refer the case to the state board of education. The parties may agree to waive this review by written stipulation filed with the state board of education. The state board of education shall conduct its review on the basis of the record created before the hearing panel, and it shall allow the presentation of evidence regarding alleged irregularities in hearing procedure not shown in the record.

(2) The state board of education shall not substitute its judgment for that of the hearing panel as to the weight of the evidence on questions of fact. It may affirm the decision or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the hearing panel's finding, inferences, conclusions, or decisions are:

(A) in violation of constitutional or statutory provisions;

(B) in excess of the statutory authority of the hearing panel;

(C) made upon unlawful procedure;

(D) affected by other error of law;

(E) clearly erroneous in view of the evidence on the record as a whole;

(F) arbitrary or capricious; or

(G) characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(b) Following appeal or waiver of appeal to the state board of education, a party may appeal to the superior court in Washington County which shall review the matter de novo. (Added 2005, No. 214 (Adj. Sess.), § 2; eff. July 1, 2007.)