72-5439. Due process hearing; time for commencement; procedural requirements.
72-5439
72-5439. Due process hearing; time for commencement; proceduralrequirements.The hearing provided for under K.S.A. 72-5438, and amendmentsthereto, shall commence within 45 calendar days after the hearing officer isselected unless the hearing officer grants an extensionof time. The hearing shall affordprocedural due process, including the following:
(a) The right of each party to have counsel of such party's ownchoice present and to receive the advice of such counsel or other personwhom such party may select;
(b) the right of each party or such party's counsel to cross-examineany person who provides information for the consideration of the hearingofficer, except those persons whose testimony is presented byaffidavit;
(c) the right of each party to present such party's own witnesses inperson, or their testimony by affidavit or deposition, except thattestimony of a witness by affidavit may be presented only if suchwitness lives more than 100 miles from the locationof theunified school district office, area vocational-technical school orcommunity college, or is absent from the state, or is unable toappear because of age, illness, infirmity or imprisonment. Whentestimony is presented by affidavit the same shall be served upon theclerk of the board of education or the board of control, or thesecretary of the board of trustees, or the agent of the board and uponthe teacher in person or by first-class mail to the address of theteacher which is on file with the board not less than 10calendar daysprior to presentation to the hearing officer;
(d) the right of the teacher to testify in the teacher'sown behalf andgive reasons for the teacher's conduct, and the right of theboard topresent its testimony through such persons as the board may call totestify inits 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 basedon substantial evidence.
History: L. 1974, ch. 301, § 4; L. 1975, ch. 373, § 4; L. 1976,ch. 315, § 4;L. 1991, ch. 224, § 2;L. 1992, ch. 185, § 3; July 1.