Brief ⁽¹⁾

SB 24 concerns teacher due process procedures applicable to the Kansas State School for the Deaf and Kansas State School for the Blind. The amendments are intended to make these statutes consistent with the general teacher due process laws which apply to school districts, community colleges, and vocational schools. The main change is to replace the three-member due process hearing committee with a hearing officer. The Secretary of Human Resources would perform duties in connection with the hearing officer procedures that are performed by the Commissioner of Education under the general due process law.

Other amendments provide that the amount of compensation the hearing officer receives not be specified in the law (which is different from current general law) and the number of potential hearing officers maintained on the list the Secretary provides to the parties contain five names (rather than nine names under current law). See SB 25 which proposes these changes in the general law.

Background

SB 24 was recommended by the State Board of Education. The Board explained that the current due process provisions that apply to teachers at the State Schools for the Deaf and Blind include features of the teacher due process law that formerly applied to school districts, community colleges, and vocational schools, but which were changed several years ago. The Board explained that the statutes being amended by SB 24 were not updated at the time the general law was changed. The State Board of Education staff noted that prior law had been criticized by the Kansas Supreme Court in a recent decision concerning due process. The Court strongly supported the current general due process law. The primary difference between the current law and the old law is that the current general law provides that the decision, which is binding, on teacher renewal or nonrenewal is made by a hearing officer instead of a three-person panel. Spokespersons for the Kansas National Education Association and Kansas Association of School Boards spoke in support of the bill. There were no opponents.

The State Department of Education reports that SB 24 would not increase costs to the state.

The Senate Committee on Education recommended that SB 24 be placed on the Consent Calendar.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi