Kansas Statutes 72-2262. Abridgment of constitutional right; procedure for determination
Terms Used In Kansas Statutes 72-2262
- Allegation: something that someone says happened.
- Board: means the governing body of any technical college or the institute of technology at Washburn university, and the board of trustees of any community college. See Kansas Statutes 72-2252
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Teacher: shall mean and include teachers, supervisors, principals, superintendents and any other professional employees who are required to hold a teacher's or school administrator's certificate in any public school. See Kansas Statutes 72-2215
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 Kan. Stat. Ann. § 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.