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Teacher Rights Workshop In Clay Center

Kevin Belt

715 SW 10th Avenue

Topeka, KS  66612-1686

Telephone:  785-232-8271 ext.112

Fax:  785-232-6012

E-mail:  kevin.belt@knea.org

TEACHER SURVIVAL EXAM  1.        How long must a teacher teach in a Kansas school district before he/she is "tenured"?             The teacher must have taught no less than three consecutive years in a school district in Kansas and be offered a fourth contract with the same                     school district before they are tenured (entitled to due process). 2.        How long does it take for a teacher to become "tenured" in   a school district if he/she was "tenured" previously in another Kansas school district?             The teacher must have taught no less than two consecutive years in the school district and be offered a third contract in the same school district. 3.        How long does it take for a teacher to become "tenured" in a Kansas school district if he/she was previously "tenured" in that same school district?             A tenured teacher who resigns and is subsequently rehired by the same school district is immediately entitled to due process upon reemployment. 4.        According to Kansas Statute, how many formal evaluations must be completed by the administration for a first or second year teacher?                           The teacher must be evaluated at least one time per semester during the            first two years of employment. 5.        What time lines are prescribed by state statute for the evaluation of first and second year teachers?             The teacher must be evaluated no later than the 60th school day of the      semester. 6.        What time lines are prescribed by state statute for the evaluation of third and fourth year teachers?                        During the third and fourth year of employment, every employee shall be evaluated at least one time each school year by no later than February 15. 7.        What evaluation time lines are prescribed by state statute for teachers in their fifth year of teaching and beyond?             They shall be evaluated at least once in every three years by no later than          February 15. 8.        True of False:  Teachers are required by state statute to sign the completed evaluation document.             True.  However, the signature does not mean the teacher agrees with the             evaluation; it is only an acknowledgement that the evaluation has been    presented to the teacher. 9.        How long does state statute require Kansas school districts to keep teacher evaluation documents on file?             Evaluations must be kept for a period of not less than three years. 10.      How long does a teacher have under state statute to respond to an evaluation?             At any time not later than two weeks after such presentation of the evaluation, the teacher may respond thereto in writing. 11.      By what date does state statute require Kansas school districts to notify teachers of contract non-renewal?                        On or before May 1. 12.      By what statutory deadline must teachers submit resignations?             On or before May 15. 13.      How long does a non-renewed tenured teacher have to request a due process hearing?                        A teacher has 15 calendar days from the date of such notice of non-renewal      or termination to request in writing a due process hearing.           14.      Under what circumstances can a non-renewed "non-tenured" teacher receive a due process hearing?             In the event, any teacher alleges that the teacher’s contract has been     non-   renewed by reason of the teacher having exercised a constitutional right.            The burden of proof is on the district that they were not arbitrary, capricious      or fraudulent in the non-renewal. 15.      True or False:  The decision of the due process hearing officer is final and binding on both the school board and the teacher.              False.  The decision of the hearing officer shall be final, subject to appeal to        the district court by either party.    16.      True or False:  Teachers may report suspected cases of child abuse, but are not required by state statute to do so.             False.  Under Kansas law, K.S.A. 38-1522, any teacher, school        administrator or other employee of a school district which the child is     attending, is required to report child abuse.              It is a Class B Misdemeanor to fail to report child abuse punishable            up to six months in jail and or $1,000 fine. 17.      True or False:  A teacher may report suspected cases of child abuse only after receiving authorization from his/her immediate supervisor.             You should report to SRS first and then to your immediate supervisor.             Teachers have a legal obligation to report child abuse.  It is not enough just        to inform an immediate supervisor and rely on the supervisor to inform the     proper authorities.            18.      True or False:  A teacher can be sued for reporting a suspected case of child abuse if no abuse is ultimately proven.             Anyone participating without malice in the making of an oral or written report to a law enforcement agency or the department of social and rehabilitation services referring to injury inflicted upon a child under 18 years of age shall have immunity from any civil liability. 19.      True or False:  A teaching certificate may be canceled by the State Board of Education on the grounds of immorality, gross neglect of duty, or the annulling of a written contract with a board of education.             True. 20.      True or False:  There is a state statute that allows for all employees to view his or her personnel file.             False. 
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