Kansas Statutes 76-11a14. Same; abridgement of constitutional right, procedure for determination
In the event that any teacher alleges that the teacher’s contract has been nonrenewed or terminated by reason of the teacher having exercised a constitutional right, the following procedure shall be implemented:
(a) The teacher alleging an abridgment by the state board of a constitutionally protected right shall notify the state board of the allegation within 15 days after receiving the notice of intention to nonrenew or terminate the teacher’s contract. Such notification shall specify the nature of the activity protected, and the times, dates, and places of such activity;
Terms Used In Kansas Statutes 76-11a14
- Allegation: something that someone says happened.
- 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.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- State board: means the state board of education. See Kansas Statutes 76-11a04
- Teacher: means any unclassified employee of a state school who is required to hold a certificate to teach. See Kansas Statutes 76-11a04
(b) the hearing officer provided for by Kan. Stat. Ann. § 76-11a06, 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 or termination;
(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 state board’s decision to nonrenew or terminate the contract shall stand;
(d) if the hearing officer determines that there is substantial evidence to support the teacher’s claim, the state board shall be required to submit to the hearing officer any reasons which may have been involved in the nonrenewal or termination;
(e) if the state board presents any substantial evidence to support its reasons, the state board’s decision not to renew or to terminate the contract shall be upheld.