(D) The teacher has the privilege of being may be present at the hearing with counsel and of crossexamining at the hearing, and may crossexamine witnesses and, may offer evidence and witnesses, and present any and all defenses to the charges. The board, or its designee, shall order the appearance of any witness requested by the teacher, subject to the limitations of Section 5925460. The complainants superintendent shall initiate the introduction of evidence in substantiation of the charges. Within ten days following the hearing, the board shall determine whether the evidence showed good and just cause for the notice of suspension or dismissal and shall render its decision accordingly, either affirming or withdrawing the notice of suspension or dismissal.” SECTION 5. Section 5925480 of the 1976 Code is amended to read: 5925480. (A) The decision of the district board of “Section trustees shall be is final, unless within thirty days thereafter afterward an appeal is made to the court of common pleas of any county in which the major portion of such district lies. (B) Notice of the appeal and the grounds thereof shall be filed with the district board of trustees. The district board shall, within thirty days thereafter, file a certified copy of the transcript record with the clerk of such court. Any An appeal from the order of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules. If the decision of the board is reversed on appeal, on a motion of either party the trial court shall order reinstatement and shall determine the amount for which the board shall be liable for actual damages and court costs. In no event shall any liability extend beyond two years from the effective date of dismissal. Amounts earned or amounts earnable with reasonable diligence by the person wrongfully suspended shall be deducted from any back pay.” SECTION 6. Section 5925490 of the 1976 Code is amended to read: 5925490. Any A party to such proceedings may cause “Section to be taken the depositions of witnesses a proceeding conducted pursuant to this chapter may depose a witness within or without the State and either by commission or de bene esse. Such depositions shall The deposition must be taken in accordance with pursuant and subject to the same provisions, conditions, and restrictions as that
(D) The teacher has the privilege of being may be present at the hearing with counsel and of crossexamining at the hearing, and may crossexamine witnesses and, may offer evidence and witnesses, and present any and all defenses to the charges. The board, or its designee, shall order the appearance of any witness requested by the teacher, subject to the limitations of Section 5925460. The complainants superintendent shall initiate the introduction of evidence in substantiation of the charges. Within ten days following the hearing, the board shall determine whether the evidence showed good and just cause for the notice of suspension or dismissal and shall render its decision accordingly, either affirming or withdrawing the notice of suspension or dismissal.” SECTION 5. Section 5925480 of the 1976 Code is amended to read: “Section 5925480. (A) The decision of the district board of trustees shall be is final, unless within thirty days thereafter afterward an appeal is made to the court of common pleas of any county in which the major portion of such district lies. (B) Notice of the appeal and the grounds thereof shall be filed with the district board of trustees. The district board shall, within thirty days thereafter, file a certified copy of the transcript record with the clerk of such court. Any An appeal from the order of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules. If the decision of the board is reversed on appeal, on a motion of either party the trial court shall order reinstatement and shall determine the amount for which the board shall be liable for actual damages and court costs. In no event shall any liability extend beyond two years from the effective date of dismissal. Amounts earned or amounts earnable with reasonable diligence by the person wrongfully suspended shall be deducted from any back pay.” SECTION 6. Section 5925490 of the 1976 Code is amended to read: “Section 5925490. Any A party to such proceedings may cause to be taken the depositions of witnesses a proceeding conducted pursuant to this chapter may depose a witness within or without the State and either by commission or de bene esse. Such depositions shall The deposition must be taken in accordance with pursuant and subject to the same provisions, conditions, and restrictions as that
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