How it is organized
The Fair Dismissal Appeals Board (FDAB) consists of 24 members appointed from specific categories: six public school administrators, six contract teachers, six school board members, six must have no occupational affiliation with a school district. Each category must be further distributed by size of school district.
Members serve a term of four years but also serve “at the pleasure” of the Governor. An individual member’s term option continues to the completion of an appeal, including a motion for reconsideration.
The board meets annually in October. The meeting is subject to the Public Meetings law and is open to the public. At the meeting, the board selects the chairperson and vice chairperson.
Once an appeal is filed, the superintendent of public instruction, acting through the FDAB Executive Secretary, selects a three-member panel. The panels are to reflect the interest groups involved, based upon the status of the appellant. For example, if an administrator files an appeal from a dismissal, the three-member panel will consist of a school board representative, an administrator representative and a member from the public or individual not employed by a school district. If a teacher appeals a dismissal, then the board will be comprised of a school board representative, teacher representative and a public member. In both cases, the administrative representative or the teacher representative would be employed by the same size school district as the appealing employee. However, if panel members from the same size district are not available, then the panel will be formed with members from other sized districts.
Assigned Counsel for Panel
The statute directs the Attorney General to assign an assistant attorney general to advise the board, be present at panel hearings and provide all services that “normally require legal training.” Under the administrative rules, panel counsel may conduct “pre-hearing conferences” with the attorneys for the parties.