Dismissal for Poor Performance: Kansas

Analysis of Kansas's policies

In Kansas, tenured teachers who are terminated may appeal multiple times. After receiving written notice of dismissal, the teacher may file an appeal, which must occur within 45 days after the hearing officer is selected. The teacher may then file an additional appeal with the district court. The time frame of this appeal is not addressed by the state.

Kansas does not explicitly make teacher ineffectiveness grounds for dismissal, nor does the state distinguish the due process rights of teachers dismissed for ineffective performance from those facing other charges commonly associated with license revocation, such as a felony and/or morality violations. In fact, Kansas does not articulate specific grounds at all for termination of teachers' contracts.

Citation

Kansas Statute 72-5438; 72-5439; 72-5443

Recommendations for Kansas

Specify that classroom ineffectiveness is grounds for dismissal.
Kansas should explicitly make teacher ineffectiveness grounds for dismissal so that districts do not feel they lack the legal basis for terminating consistently poor performers.

Ensure that teachers terminated for poor performance have the opportunity to appeal within a reasonable time frame.
Nonprobationary teachers who are dismissed for any grounds, including ineffectiveness, are entitled to due process. However, cases that drag on for years drain resources from school districts and create a disincentive for districts to attempt to terminate poor performers. Therefore, the state must ensure that the opportunity to appeal occurs only once, as it is in the best interest of both the teacher and the district that a conclusion be reached within a reasonable time frame. 

Distinguish the process and accompanying due process rights between dismissal for classroom ineffectiveness and dismissal for morality violations, felonies or dereliction of duty.
While nonprobationary teachers should have due process for any termination, it is important to differentiate between loss of employment and issues with far-reaching consequences that could permanently impact a teacher's right to practice. Kansas should ensure that appeals related to classroom effectiveness are only decided by those with educational expertise.

State response to our analysis

Kansas recognized the factual accuracy of this analysis.