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.
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