School Law Bulletin [serial] 12, 2 (April 1981)

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Due process is required only when a liberty interest protected by the Four- teenth Amendment is violated (that is, when the teacher is denied the right to free speech or is stig- matized). If the teacher can establish a prima facie case 2 that a constitutionally impermissible reason was the basis for the nonreappointment or that the school administration or board has stigmatized him in the way it handled the nonreappointment, then and only then is the board required both to explain why it did n...ot reappoint and to give the teacher a hearing on the nonreappointment.
Although the federal Constitution has been inter- preted as not requiring that a board give a teacher who was not reappointed the reasons for the nonre- appointment or a hearing, a state statute or a board's collective bargaining contract may require such procedures. If so, the board must comply with these requirements. Most school boards will not face such requirements, but a board may nevertheless de- cide that giving some explanation of its decision and 1.


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