72-5446. Abridgment of constitutional right; procedure for determination. - Kansas Statutes

72-5446

Chapter 72.--SCHOOLS Article 54.--TEACHERS' CONTRACTS

      72-5446.   Abridgment of constitutional right; procedure fordetermination.In the event any teacher, as defined in K.S.A. 72-5436, and amendments thereto,alleges that the teacher's contract has been nonrenewed by reason of theteacher having exercised a constitutional right, the following procedure shallbe implemented:

      (a)   The teacher alleging an abridgment by the board of aconstitutionally protected right shall notify the board of the allegationwithin 15 days after receiving the notice of intent to not renew or terminatethe teacher's contract. Such notice shall specify the nature of theactivity protected, and the times, dates, and places of such activity;

      (b)   the hearing officer provided for by K.S.A. 72-5438, and amendmentsthereto, shall thereupon be selected and shall decide if there is substantialevidence to support the teacher's claim that the teacher's exercise of aconstitutionally protected right was the reason for the nonrenewal;

      (c)   if the hearing officer determines that there is no substantial evidenceto substantiate the teacher's claim of a violation of a constitutionallyprotected right, the board's decision to not renew the contract shall stand;

      (d)   if the hearing officer determines that there is substantial evidence tosupport the teacher's claim, the board shall be required to submit to thehearing 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; July 1.