History: L. 1968, ch. 269, §§ 26, 27; Repealed, L. 1975, ch. 472, § 1; July 1.
History: L. 1976, ch. 303, § 1; L. 1992, ch. 139, § 8; July 1.
(b) "State board" means the state board of education.
(c) "State school" means the Kansas state school for the deaf and the Kansas state school for the blind.
History: L. 1987, ch. 360, § 3; L. 1992, ch. 139, § 9; July 1.
History: L. 1987, ch. 360, § 4; L. 2003, ch. 52, § 3; July 1.
(b) Within 10 calendar days after the filing of a written request by any teacher to be heard as provided in subsection (a), the state board shall notify the secretary of labor that a list of qualified hearing officers is required. Such notice shall contain the mailing address of the teacher. Within 10 days after receipt of notification from the state board, the secretary shall provide to the state board and to the teacher a list of five randomly selected, qualified hearing officers.
(c) Within five days after receiving the list from the secretary of labor, each party shall eliminate two names from the list, and the remaining individual on the list shall serve as hearing officer. In the process of elimination, each party shall eliminate no more than one name at a time, the parties alternating after each name has been eliminated. The first name to be eliminated shall be chosen by the teacher within five days after the teacher receives the list. The process of elimination shall be completed within five days thereafter.
(d) Either party may request that one new list be provided within five days after receiving the original list. If such a request is made, the party making the request shall notify the secretary of labor and the other party, and the secretary shall generate a new list and distribute it to the parties in the same manner as the original list.
(e) In lieu of using the process provided in subsections (b) through (d), if the parties agree, they may make a request to the American Arbitration Association for an arbitrator to serve as the hearing officer. Any party desiring to use this alternative procedure shall so notify the other party at the time written request for a hearing is filed by the teacher. If the parties agree to use this procedure, the parties shall make a joint request to the American Arbitration Association for a hearing officer within 10 days after the teacher files the request for a hearing. If the parties choose to use this procedure, the parties shall each pay 1/2 of the cost of the arbitrator and of the arbitrator's expenses.
(f) The secretary of labor shall compile and maintain a list of hearing officers comprised of residents of this state who are attorneys at law. Such list shall include a statement of the qualifications of each hearing officer.
(g) Attorneys interested in serving as hearing officers under the provisions of this act shall submit an application to the secretary of labor. The secretary shall determine if the applicant is eligible to serve as a hearing officer pursuant to the provisions of subsection (h).
(h) An attorney shall be eligible for appointment to the list if the attorney has: (1) Completed a minimum of 10 hours of continuing legal education credit in the area of education law, due process, administrative law or employment law within the past five years; or (2) previously served as the chairperson of a due process hearing committee prior to the effective date of this act. An attorney shall not be eligible for appointment to the list if the attorney has been employed to represent the state board or a teacher in a due process hearing within the past five years.
History: L. 1987, ch. 360, § 5; L. 2003, ch. 52, § 4; L. 2004, ch. 179, § 142; July 1.
(a) The right of each party to have counsel of such party's own choice present and to receive the advice of such counsel or other person whom such party may select;
(b) the right of each party or such party's counsel to cross-examine any person who provides information for the consideration of the hearing officer, except those persons whose testimony is presented by affidavit;
(c) the right of each party to present such party's own witnesses in person, or their testimony by affidavit or deposition, except that testimony of a witness by affidavit may be presented only if such witness lives more than 100 miles from the location of the state school, or is absent from the state, or is unable to appear because of age, illness, infirmity or imprisonment. When testimony is presented by affidavit the same shall be served upon the commissioner of education or the agent of the state board and upon the teacher in person or by first class mail to the address of the teacher which is on file with the state board not less than 10 days prior to presentation to the hearing officer;
(d) the right of the teacher to testify in the teacher's own behalf and give reasons for the teacher's conduct, and the right of the state board to present its testimony through such persons as the state board may call to testify in its behalf and to give reasons for its actions, rulings or policies;
(e) the right of the parties to have an orderly hearing; and
(f) the right of the teacher to a fair and impartial decision based on substantial evidence.
History: L. 1987, ch. 360, § 6; L. 2003, ch. 52, § 5; July 1.
(b) The hearing officer shall be paid compensation for each day, or part thereof, spent in actual attendance at the hearing and for any day, or part thereof, spent in performance of the hearing officer's official duties. In addition to compensation, the hearing officer shall be paid subsistence allowances, mileage, and other expenses as provided in K.S.A. 75-3223, and amendments thereto. The costs for the services of the hearing officer shall be paid by the state board.
(c) Testimony at a hearing shall be recorded by a certified shorthand reporter. The cost for the certified shorthand reporter's services shall be paid by the state board. The testimony shall be transcribed if the decision of the hearing officer is appealed to the district court, or if either party requests transcription. The appellant or the party making the request shall pay for the cost of transcription. If both parties jointly request that the testimony be transcribed at the hearing level, the parties shall each pay 1/2 of the cost of transcription.
(d) Each party shall be responsible for the payment of its own attorney fees.
(e) All costs of a hearing which are not specifically allocated in this section shall be paid by the state board.
History: L. 1987, ch. 360, § 7; L. 2003, ch. 52, § 6; July 1.
History: L. 1987, ch. 360, § 8; L. 2003, ch. 52, § 7; July 1.
(1) Administer oaths;
(2) issue subpoenas for the attendance and testimony of witnesses and the production of books, papers and documents relating to any matter under investigation;
(3) authorize depositions to be taken;
(4) receive evidence and limit lines of questioning and testimony which are repetitive, cumulative or irrelevant;
(5) call and examine witnesses and introduce into the record documentary and other evidence;
(6) regulate the course of the hearing and dispose of procedural requests, motions and similar matters; and
(7) take any other action necessary to make the hearing accord with administrative due process.
(b) Hearings under this act shall not be bound by rules of evidence whether statutory, common law or adopted by the rules of court; however, the burden of proof shall initially rest upon the state board in all instances other than when the allegation is that the teacher's contract has been terminated or nonrenewed by reason of the teacher having exercised a constitutional right. All relevant evidence shall be admissible, except that the hearing officer, at the hearing officer's discretion, may exclude any evidence if the hearing officer believes that the probative value of such evidence is substantially outweighed by the fact that its admission will necessitate undue consumption of time.
History: L. 1987, ch. 360, § 9; L. 2003, ch. 52, § 8; July 1.
(b) The decision of the hearing officer shall be final, subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
History: L. 1987, ch. 360, § 10; L. 2003, ch. 52, § 9; July 1.
History: L. 1987, ch. 360, § 11; L. 2003, ch. 52, § 10; July 1.
(2) The state board may waive, at any time, the years of employment requirements of provision (1) for any teachers employed at a state school.
(3) The provisions of this subsection are subject to the provisions of K.S.A. 76-11a14, and amendments thereto.
(b) The provisions of K.S.A. 76-11a06 through 76-11a11, and amendments thereto, do not apply to any teacher whose certificate has been nonrenewed or revoked by the state board for the reason that the teacher: (1) Has been convicted of a felony under the uniform controlled substances act; (2) has been convicted of a felony described in any section of article 34 of chapter 21 of the Kansas Statutes Annotated or an act described in K.S.A. 21-3412 and amendments thereto, if the victim is a minor or student; (3) has been convicted of a felony described in any section of article 35 of chapter 21 of the Kansas Statutes Annotated, or has been convicted of an act described in K.S.A. 21-3517 and amendments thereto, if the victim is a minor or student; (4) has been convicted of any act described in any section of article 36 of chapter 21 of the Kansas Statutes Annotated; (5) has been convicted of a felony described in article 37 of chapter 21 of the Kansas Statutes Annotated; (6) has been convicted of an attempt under K.S.A. 21-3301, and amendments thereto, to commit any act specified in this subsection; (7) has been convicted of any act which is described in K.S.A. 21-4301, 21-4301a or 21-4301c, and amendments thereto; (8) has been convicted in another state or by the federal government of an act similar to any act described in this subsection; or (9) has entered into a criminal diversion agreement after having been charged with any offense described in this subsection.
History: L. 1987, ch. 360, § 12; L. 2003, ch. 52, § 11; July 1.
(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;
(b) the hearing officer provided for by K.S.A. 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.
History: L. 1987, ch. 360, § 13; L. 2003, ch. 52, § 12; July 1.
History: L. 2003, ch. 52, § 13; July 1.
(b) As used in this section:
(1) "Teacher" means a teacher as defined by K.S.A. 76-11a04, and amendments thereto.
(2) "Licensed personnel" means a person who is required to hold a license and who is paid on the teacher salary schedule including, but not limited to, librarians, counselors and nurses.
History: L. 2007, ch. 188, § 2; July 1.
(b) As used in this section:
(1) "Teacher" means a teacher as defined by K.S.A. 76-11a04, and amendments thereto.
(2) "Licensed personnel" means a person who is required to hold a license and who is paid on the teacher salary schedule including, but not limited to, librarians, counselors and nurses.
History: L. 2007, ch. 188, § 3; July 1.