Alaska Statutes
Alaska Stat. § 14.20.175 (2026)
Nonretention
✓ current as of July 2026
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Sec. 14.20.175. Nonretention.
(a) A teacher who has not acquired tenure rights is subject to nonretention for the school year following the expiration of the teacher's contract for any cause that the employer determines to be adequate. However, at the teacher's request, the teacher is entitled to a written statement of the cause for nonretention. The boards of city and borough school districts and regional educational attendance areas shall provide by regulation or bylaw a procedure under which a nonretained teacher may request and receive an informal hearing by the board.
(b) A teacher who has acquired tenure rights is subject to nonretention for the following school year only for the following causes:
(1) the school district demonstrates that
(A) the district has fully complied with the requirements of AS 14.20.149 with respect to the tenured teacher;
(B) the teacher's performance, after completion of the plan of improvement, failed to meet the performance objectives set out in the plan; and
(C) the evaluation of the teacher established that the teacher does not meet the district performance standards;
(2) immorality, which is defined as the commission of an act that, under the laws of the state, constitutes a crime involving moral turpitude; or
(3) substantial noncompliance with the school laws of the state, the regulations or bylaws of the department, the bylaws of the district, or the written rules of the superintendent.
(a) A teacher who has not acquired tenure rights is subject to nonretention for the school year following the expiration of the teacher's contract for any cause that the employer determines to be adequate. However, at the teacher's request, the teacher is entitled to a written statement of the cause for nonretention. The boards of city and borough school districts and regional educational attendance areas shall provide by regulation or bylaw a procedure under which a nonretained teacher may request and receive an informal hearing by the board.
(b) A teacher who has acquired tenure rights is subject to nonretention for the following school year only for the following causes:
(1) the school district demonstrates that
(A) the district has fully complied with the requirements of AS 14.20.149 with respect to the tenured teacher;
(B) the teacher's performance, after completion of the plan of improvement, failed to meet the performance objectives set out in the plan; and
(C) the evaluation of the teacher established that the teacher does not meet the district performance standards;
(2) immorality, which is defined as the commission of an act that, under the laws of the state, constitutes a crime involving moral turpitude; or
(3) substantial noncompliance with the school laws of the state, the regulations or bylaws of the department, the bylaws of the district, or the written rules of the superintendent.
Notes of Decisions
Cited in 8
cases, 1973–1998 · leading case: Shatting v. Dillingham City Sch. Dist., 617 P.2d 9 (Alaska 1980).
Shatting v. Dillingham City Sch. Dist., 617 P.2d 9 (Alaska 1980). “[1] When Shatting requested a statement of cause, pursuant to AS 14.20.175(a), [2] the Board sent him a second letter setting forth the following reasons for its decision: 1.”
Linstad v. Sitka Sch. Dist., 863 P.2d 838 (Alaska 1993). “See AS 14.20.175 (a tenured teacher is subject to nonretention only for incompetency, immorality, substantial noncompliance with school law, or a necessary reduction of staff).”
Jerrel v. Kenai Peninsula Borough Sch. Dist., 567 P.2d 760 (Alaska 1977). “AS 14.20.175(b) specifies that: A teacher who has acquired tenure rights is subject to nonretention for the following school year only for the following causes: (1) incompetency, which is defined as the inability or the unintentional or intentional failure to perform the…”
Matanuska-Susitna Borough v. Lum, 538 P.2d 994 (Alaska 1975). “[8] NOTES [1] AS 14.20.175 provides in part: "(b) A teacher who has acquired tenure rights is subject to nonretention for the following school year only for the following causes: (1) incompetency, which is defined as the inability or the unintentional or intentional failure to…”
Van Gorder v. Matanuska-Susitna Borough Sch. Dist., 513 P.2d 1094 (Alaska 1973). “The Steelworkers ease is further distinguished from the instant case because the grievance agreement there was not subject to a controlling statutory provision like AS 14.20.175 (a) giving the employer the discretionary right to terminate the employee.”
Linstad v. Sitka Sch. Dist., 963 P.2d 246 (Alaska 1998). “” Former AS 14.20.175(b)(1) (in force at the times relevant to the instant case).”
Jones v. Wrangell Sch. Dist., 696 P.2d 677 (Alaska 1985). “Our reasoning rested primarily on the existence of AS 14.20.175(a), which provides for challenging the merits of a nonre-tention procedure.”
Fisher v. Fairbanks North Star Borough Sch. Dist., 704 P.2d 213 (Alaska 1985). “[1] Under AS 14.20.175(b)(3) a tenured teacher may be non-retained for "substantial noncompliance with the .”
— Alaska Stat. § 14.20.175(a) — 3 cases
Shatting v. Dillingham City Sch. Dist., 617 P.2d 9 (Alaska 1980). “[1] When Shatting requested a statement of cause, pursuant to AS 14.20.175(a), [2] the Board sent him a second letter setting forth the following reasons for its decision: 1.”
Van Gorder v. Matanuska-Susitna Borough Sch. Dist., 513 P.2d 1094 (Alaska 1973). “The Steelworkers ease is further distinguished from the instant case because the grievance agreement there was not subject to a controlling statutory provision like AS 14.20.175 (a) giving the employer the discretionary right to terminate the employee.”
Jones v. Wrangell Sch. Dist., 696 P.2d 677 (Alaska 1985). “Our reasoning rested primarily on the existence of AS 14.20.175(a), which provides for challenging the merits of a nonre-tention procedure.”
— Alaska Stat. § 14.20.175(b) — 1 case
Jerrel v. Kenai Peninsula Borough Sch. Dist., 567 P.2d 760 (Alaska 1977). “AS 14.20.175(b) specifies that: A teacher who has acquired tenure rights is subject to nonretention for the following school year only for the following causes: (1) incompetency, which is defined as the inability or the unintentional or intentional failure to perform the…”
— Alaska Stat. § 14.20.175(b)(1) — 1 case
Linstad v. Sitka Sch. Dist., 963 P.2d 246 (Alaska 1998). “” Former AS 14.20.175(b)(1) (in force at the times relevant to the instant case).”
— Alaska Stat. § 14.20.175(b)(3) — 1 case
Fisher v. Fairbanks North Star Borough Sch. Dist., 704 P.2d 213 (Alaska 1985). “[1] Under AS 14.20.175(b)(3) a tenured teacher may be non-retained for "substantial noncompliance with the .”
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