Printable Format72-2262. Abridgment of constitutional right; procedure for determination. In the event any teacher alleges that the teacher's contract has been nonrenewed by reason of the teacher having exercised a constitutional right, the following procedure shall be implemented:
(a) The teacher alleging an abridgment by the board of a constitutionally protected right shall notify the board of the allegation within 15 days after receiving the notice of intent to not renew or terminate the teacher's contract. Such notice shall specify the nature of the activity protected, and the times, dates and places of such activity;
(b) the hearing officer provided for by K.S.A. 72-2253, and amendments thereto, shall thereupon be selected and shall decide if there is substantial evidence to support the teacher's claim that the teacher's exercise of a constitutionally protected right was the reason for the nonrenewal;
(c) if the hearing officer determines that there is no substantial evidence to substantiate the teacher's claim of a violation of a constitutionally protected right, the board's decision to not renew the contract shall stand;
(d) if the hearing officer determines that there is substantial evidence to support the teacher's claim, the board shall be required to submit to the hearing officer any reasons which may have been involved in the nonrenewal;
(e) if the board presents any substantial evidence to support its reasons, the board's decision not to renew the contract shall be upheld.
History: L. 1976, ch. 315, § 8; L. 1992, ch. 185, § 8; L. 2014, ch. 93, § 54; July 1.
Source or Prior Law:
72-5446.
Law Review and Bar Journal References:
"Rights of Kansas Non-Union Employees Against Unjust Termination—Where Are We Now?" William C. Nulton, 54 J.K.B.A. 237, 240 (1985).
Attorney General's Opinions:
Waiver of certain due process rights. 86-12.
CASE ANNOTATIONS
1. Mentioned in holding continuing contract law and teacher due process act as not inconsistent with each other. NEA-Wichita v. Board of Education of U.S.D. No. 259, 225 Kan. 395, 398, 592 P.2d 80.
2. Dismissed teacher was provided proper notice and opportunity to be heard; right to due process hearing can be waived. Crane v. Mitchell County U.S.D. No. 273, 232 Kan. 51, 54, 55, 652 P.2d 205 (1982).
3. Cited; failure to seek judicial review of employment termination precludes complaint under discrimination act (K.S.A. 44-1001 et seq.). Neunzig v. Seaman U.S.D. No. 345, 239 Kan. 654, 657, 662, 722 P.2d 569 (1986).
4. Request for hearing under K.S.A. 72-5446 denied by school board; district court's order to hold board hearing not appealable. Nickels v. Board of Education of U.S.D. No. 453, 38 Kan. App. 2d 929, 930, 173 P.3d 1176 (2008).