A Question of Fairness: The Proper Standard of Review of School Board Just and Reasonable Cause Determinations in Teacher Termination Proceedings in Idaho

Abstract

This article argues that judicial review of a school board’s just and reasonable cause determination in Idaho must be under a de novo, i.e. independent and non-deferential, standard of review. The article discusses Idaho’s administrative and judicial review procedures for teacher discharge and nonrenewal cases based on a just and reasonable cause determination by the school board. The article then discusses procedural due process principles, which require that administrative and judicial review procedures provide a level playing field upon which the teacher’s right to continued employment is determined. The article argues that de novo review, rather than some lesser, more deferential standard, must apply to review of school board just and reasonable cause determinations. The article concludes by identifying and discussing the types of administrative hearing and judicial review systems that must be in place to satisfy due process requirements.