1. Any person may file with the board a complaint against a teacher or an administrator. The complaint must state the claims or charges and it must be signed. The complaint may include supporting documentation. 2. Upon receiving the complaint, the board shall serve a copy of the complaint and any supporting documentation upon the individual personally or by certified mail. 3. The individual has twenty days from the date the individual receives the complaint within which to file a response. The response may include supporting documentation. 4. If the individual files a timely response, the board shall meet to review the complaint, the response, and any documentation submitted by the parties, but may not accept testimony. 5. Based on the complaint, the response, and the documentation submitted in accordance with this section, the board may: a. Dismiss the complaint as unfounded; or b. (1) Determine there is a reasonable basis to believe the claims or charges are true and subject to action by the board under this chapter; (2) File a formal complaint against the individual in accordance with chapter 28-32; and (3) Schedule and hold a public hearing on the complaint in accordance with chapter 28-32. 6. If the individual fails to file a timely response, the board shall determine whether the individual's failure to file a timely response constitutes an admission of the allegations in the complaint and whether the individual's teaching license should be subject to action by the board. If the board determines that the individual's failure to file a timely response is an admission of the allegations in the complaint and that the individual's teaching license should be subject to action by the board, the board shall hold a hearing in accordance with chapter 28-32 to take any appropriate action.
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