Kansas Statutes
Article 22 - School District Employment Contracts
72-2262 Abridgment of constitutional right; procedure for determination.

72-2262. 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.

Structure Kansas Statutes

Kansas Statutes

Chapter 72 - Schools

Article 22 - School District Employment Contracts

72-2215 Definitions.

72-2216 Contracts bind both teachers and board of education; suspension of license, when; insufficient budget, effect.

72-2217 Supplemental contracts of employment authorized.

72-2218 Definitions.

72-2219 Professional employees' rights; representation of employees and school boards; negotiations.

72-2220 Exclusive representation of negotiating units; any employee or group may present its position or proposal.

72-2221 Recognition of employees' organization as representative; exceptions to required recognition.

72-2222 Same; determination by secretary of human resources upon petition.

72-2223 Same; election; summary dismissal of petition, when.

72-2224 Same; conduct of election for determination; conditions; run-off election.

72-2225 Criteria for determining appropriate unit of employees' organization.

72-2226 Agreements; ratification; election; absentee ballots.

72-2227 Savings clause for existing agreements.

72-2228 Rights and duties of boards of education reserved; recognition and negotiation required; terms and conditions subject to negotiation; applicability of open meetings law, exceptions; strikes not authorized; adoption of agreements by reference.

72-2229 Agreements may provide for arbitration of disputes; enforcement of arbitration agreements.

72-2230 Severability.

72-2231 Impasse during negotiation; determination of existence; statutory declaration date, joint notice; negotiation during impasse resolution proceedings.

72-2232 Mediation; request for appointment of fact-finding board; time limitations; memorandum describing issues and final position of parties; confidentiality.

72-2233 Fact finding; report of findings and recommendations of board; meeting required after report; report to be made public, exceptions; final action by board of education.

72-2234 Costs for mediation and fact-finding.

72-2235 Prohibited practices; evidence of bad faith.

72-2236 Prohibited practices, determination of existence; procedure; hearing.

72-2237 Secretary of labor; rules and regulations; subpoena power.

72-2238 Unilateral contracts prohibited prior to completion of negotiation.

72-2239 Savings clause for existing agreements; administrative employees exempted.

72-2240 Equal access act.

72-2241 Deductions; authorization thereof; continuation of authorization; conditions; limitations.

72-2242 Same; disbursement of funds deducted.

72-2243 Retirement accounts; contracts with community colleges or school boards; procedures; contributions by employer.

72-2244 Employment incentive or retention bonuses for teachers.

72-2251 Notice of termination or nonrenewal of certain teacher contracts; change of terms.

72-2252 Due process hearing procedures for certain postsecondary teachers; definitions.

72-2253 Due process hearing procedures for certain postsecondary teachers; notice of nonrenewal or termination, contents; request for hearing; hearing officers, list, selection, qualifications, eligibility.

72-2254 Same; commencement of hearing, when; procedural requirements.

72-2255 Witnesses, fees and mileage; hearing officer, compensation and expenses; testimony, recording and transcription; attorney fees; costs.

72-2256 Testimony by affidavit or deposition; interrogatories; time, extension.

72-2257 Powers of hearing officer; rules of evidence not binding; burden of proof; admissibility of evidence.

72-2258 Opinion of hearing officer; findings of fact and determination of issues; decision final; appeal to district court.

72-2259 Contractual rights; limitation on creation; not impaired.

72-2260 Same; application of act; years of employment requirements, waiver.

72-2261 Severability.

72-2262 Abridgment of constitutional right; procedure for determination.

72-2281 Definitions; superintendents excepted.

72-2282 Notice of nonrenewal or rejection of administrator's contract; change of terms.

72-2283 Meeting with board; request; time limitations; executive session; reasons for nonrenewal; reconsideration; final decision.

72-2284 Contractual rights; limitation on creation; not impaired.

72-2285 Application of act; two years of employment required; waiver, when.

72-2291 Early retirement incentive programs; establishment authorized; purposes; payment limitations; program report required.

72-2292 Same; budget authorization.

72-2293 Same; rights creation, limitation.