Deny Discovery, per Hillsborough County Teacher Tenure Act

The Board hears appeals of teacher terminations pursuant to the Hillsborough County Teacher Tenure Act. That law is a special act which applies only to Hillsborough County School Board teachers. Because of this status, proceedings under the act are not subject to the administrative procedures act, or other Florida laws providing rules of procedure. The appellant in a case which the Board will hear on November 15, 2007, has asked for permission to take discovery depositions, in order to find out what various witnesses will say at the hearing. The Board must decide whether or not to allow her to do so. It should allow the attorneys to the proceeding, the Superintendent’s attorney, and the attorney for the appellant, to offer brief argument.

The School Board attorney recommends against allowing discovery. Discovery is not provided by the Tenure Act. In fact, the law only allows subpoenas in the context of the hearing, indicating clearly that the rules of procedure do not apply to these proceedings. To allow discovery would allow teachers to compel testimony before a hearing, when the statute does not allow that right. Discovery is not mandated by the law or any other source. Appellants in these appeals have the right to seek public records and to discuss the facts of the case with administration prior to hearing. To grant a right of discovery not provided by statute would increase the length of time to hearing, involve more expense, and add nothing to the process.

Not Applicable

Not Applicable