72-5438. Teachers' contracts; notice of nonrenewal or termination, contents; request for hearing; hearing officers, list, selection, qualifications, eligibility.
72-5438
72-5438. Teachers' contracts; notice of nonrenewalor termination,contents; request forhearing; hearing officers, list, selection, qualifications,eligibility.(a) Whenever a teacher is given written notice of intention by a board tonot renew or to terminate the contract of the teacher as providedin K.S.A. 72-5437,and amendments thereto,the written notice of the proposed nonrenewalor termination shall include: (1) A statement of thereasons for the proposednonrenewal or termination; and (2) a statement that the teachermay havethe matter heard by a hearing officer upon writtenrequest filed withthe clerk of the board of education or the board of control or thesecretary of the board of trustees within 15 calendar days from thedate of such notice of nonrenewal or termination.
(b) Within 10 calendar days after the filing of anywritten requestof a teacher to beheard as provided in subsection (a),the board shall notify the commissioner of education that a list of qualifiedhearing officers is required. Such notice shall contain the mailing address ofthe teacher. Within 10 days after receipt of notification from the board, thecommissioner shall provide to the board and to the teacher, a list offive randomly selected, qualified hearing officers.
(c) Within five days after receiving the list from thecommissioner, eachparty shall eliminate two names from the list, and theremaining individual onthe list shall serve as hearing officer. In the process of elimination, eachparty shall eliminate no more than one name at a time, the parties alternatingafter each name has been eliminated. The first name to be eliminated shall bechosen by the teacher within five days after theteacher receives the list. Theprocess of elimination shall be completed within five daysthereafter.
(d) Either party may request that one new list be provided withinfive daysafter receiving the list. If such a request is made, the party making therequest shall notify the commissioner and the other party, and the commissionershall generate a new list and distribute it to the parties in the same manneras the original list.
(e) In lieu of using the process provided in subsections (b) and (c), ifthe parties agree, they may make a request to the American ArbitrationAssociation for an arbitrator to serve as the hearing officer. Any partydesiring to use this alternative procedure shall so notify the other party inthe notice required under subsection (a). If the parties agree to use thisprocedure, the parties shall make a joint request to the American ArbitrationAssociation for a hearing officer within 10 days after the teacher files arequest for a hearing. If the parties choose to use this procedure, theparties shall each pay one-half of the cost of the arbitrator and of thearbitrator's expenses.
(f) The commissioner of education shall compile and maintain a list ofhearing officers comprised of residents of this state who are attorneys at law.Such list shall include a statement of the qualifications of each hearingofficer.
(g) Attorneys interested in serving as hearing officers under theprovisions of this act shall submit an application to the commissioner ofeducation. The commissioner shall determine if the applicant is eligible toserve as a hearing officer pursuant to the provisions of subsection (h).
(h) An attorney shall be eligible for appointment to the list if theattorney has: (1) Completed a minimum of 10 hours of continuing legal educationcredit in the area of education law, due process, administrative law oremployment law within the past five years; or (2) previously served as thechairperson of a due process hearing committee prior to the effective dateof thisact. An attorney shall not be eligible for appointment to the list if theattorney has been employed to represent a board or a teacher in a due processhearing within the past five years.
History: L. 1974, ch. 301, § 3; L. 1975, ch. 373, § 3; L. 1976,ch. 315, § 3;L. 1986, ch. 271, § 1;L. 1991, ch. 224, § 1;L. 1992, ch. 185, § 2;L. 2003, ch. 52, § 1; July 1.