OPINION
Before CONNOR, BOOCHEVER,* BURKE and MATTHEWS, JJ., and DIMOND, Senior Justice.
[10]*10BURKE, Justice.
In this case, a non-tenured teacher challenges a school board’s decision not to renew his contract. We conclude • that the school board acted properly.
Jay Shatting, a non-tenured teacher, was employed to teach in the Dillingham City School District during the 1975-76 and 1976-77 school years. In May 1977, the Dillingham City School Board (Board) informed Shatting by letter that he would not be retained for the following year.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. Your classes are not challenging enough to students with high ability.
2. Your use of abusive language when dealing with students.
3. Lack of interest in teaching.
4. Your changing moods in the classrooms.
5. Continually out of classroom.
Shatting then requested a hearing, likewise pursuant to AS 14.20.175(a). The Board held a public hearing on June 14, at which sworn testimony was taken. Shat-ting was represented by counsel, who called witnesses and cross-examined opposing witnesses. Following the hearing, the Board voted not to retain Shatting, and on June 22, it sent him written notice of that decision. One month later, Shatting filed both a complaint and a notice of appeal in superior court, contending that the Board’s decision not to retain him was illegal because it was arbitrary and capricious, and not based on properly established good cause. Shatting’s suit named as defendants the Dillingham City School District (District), the Dillingham City School Board, and the State of Alaska.
In August, in response to the State’s motion for judgment on the pleadings under Civil Rule 12(c), the superior court dismissed Shatting’s suit against the State because it was not a proper party defendant. The grounds for the decision were that (1) it had delegated control of educational functions to the City of Dillingham, (2) Shatting was not an employee of the State, and (3) the State had no authority to hire or fire Shatting. In response to a motion to dismiss, the court granted summary judgment in favor of the Board and the District,3 after concluding that the Board had complied with all statutory requirements and that none of Shatting’s constitutional rights had been violated. This appeal followed.
1. Appeal of the District and the Board
The motion to dismiss that was filed by the District and the Board did not specify under which rule the motion was being made. The superior court, however, treated the motion as if it were a motion for summary [11]*11judgment.4 Accordingly, we shall review its ruling under the standards applicable to the granting of a motion for summary judgment.
The issues to be determined are whether there were genuine issues of material fact and, if nof, whether the District and the Board were entitled to judgment as a matter of law. Rule 56, Alaska R.Civ.P.; Moore v. State, 553 P.2d 8,15 (Alaska 1976). In reaching our decision we must draw all reasonable inferences in favor of Shatting, the non-moving party. Clabaugh v. Bottcher, 545 P.2d 172, 175 n.5 (Alaska 1976).
Although there is apparently disagreement over whether particular events occurred in Shatting’s classroom and whether the District conducted a proper evaluation of Shatting as required by Department of Education regulations, these facts were not material to the superior court’s determination of this case. It is only issues of material fact that preclude the granting of a motion for summary judgment. See Carlson v. State, 598 P.2d 969, 972 n.5 (Alaska 1979). The issues before the superior court were: (1) whether Shatting was entitled to judicial review of the Board’s decision not to retain him and (2) whether the Board, on the basis of the information presented to it, acted properly in deciding not to retain Shatting. The material facts pertaining to these two issues were not in dispute. Thus, the only issue left for our determination is whether the Board and the District were entitled to judgment as a matter of law.
2. Right to Judicial Review
The superior court concluded that Shatting had no right to judicial review of the Board’s decision. In reaching this conclusion the court relied on AS 14.20.205, which provides: “If a school board reaches a decision unfavorable to a teacher, the teacher is entitled to a de novo trial in the superior court. However, a teacher who has not attained tenure rights is not entitled to judicial review according to this section.”
We believe the superior court erred in concluding that AS 14.20.205 totally precludes judicial review in cases such as this. While the statute does not extend the tenured teacher’s right to a trial de novo to a non-tenured teacher such as Shatting, neither does it preclude a more limited form of judicial review of the school board decision. We therefore hold that Shatting had a right to judicial review, on the record, of the Board’s decision.5
3. Decision Not to Retain Shatting Although the superior court found that Shatting did not have a right to judicial review of the Board’s decision, the court did, in fact, review the record of the proceedings leading to that decision and determined that the Board had acted properly. We affirm the decision of the superior court.
AS 14.20.175(a) provides in part: “A teacher who has not acquired tenure rights is subject to nonretention ... for any cause which the employer determines to [12]*12be adequate.”6 On its face this section grants to a school board virtually unlimited discretion in deciding whether to deny continued employment to non-tenured teachers. Despite the broad language of the statute, however, we think that the board’s discretion is subject to certain limitations. It is clear, for example, that a school board may not deny continued employment to a teacher because of the teacher’s exercise of first amendment rights. See, e. g., Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972). Just as clearly, a school board may not deny continued employment to a teacher if to do so would deprive the teacher of other rights that are guaranteed by constitution or statute. See, e. g., Nichols v. Eckert, 504 P.2d 1359 (Alaska 1973); AS 18.80.220 (declaring certain employment practices to be unlawful).
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OPINION
Before CONNOR, BOOCHEVER,* BURKE and MATTHEWS, JJ., and DIMOND, Senior Justice.
[10]*10BURKE, Justice.
In this case, a non-tenured teacher challenges a school board’s decision not to renew his contract. We conclude • that the school board acted properly.
Jay Shatting, a non-tenured teacher, was employed to teach in the Dillingham City School District during the 1975-76 and 1976-77 school years. In May 1977, the Dillingham City School Board (Board) informed Shatting by letter that he would not be retained for the following year.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. Your classes are not challenging enough to students with high ability.
2. Your use of abusive language when dealing with students.
3. Lack of interest in teaching.
4. Your changing moods in the classrooms.
5. Continually out of classroom.
Shatting then requested a hearing, likewise pursuant to AS 14.20.175(a). The Board held a public hearing on June 14, at which sworn testimony was taken. Shat-ting was represented by counsel, who called witnesses and cross-examined opposing witnesses. Following the hearing, the Board voted not to retain Shatting, and on June 22, it sent him written notice of that decision. One month later, Shatting filed both a complaint and a notice of appeal in superior court, contending that the Board’s decision not to retain him was illegal because it was arbitrary and capricious, and not based on properly established good cause. Shatting’s suit named as defendants the Dillingham City School District (District), the Dillingham City School Board, and the State of Alaska.
In August, in response to the State’s motion for judgment on the pleadings under Civil Rule 12(c), the superior court dismissed Shatting’s suit against the State because it was not a proper party defendant. The grounds for the decision were that (1) it had delegated control of educational functions to the City of Dillingham, (2) Shatting was not an employee of the State, and (3) the State had no authority to hire or fire Shatting. In response to a motion to dismiss, the court granted summary judgment in favor of the Board and the District,3 after concluding that the Board had complied with all statutory requirements and that none of Shatting’s constitutional rights had been violated. This appeal followed.
1. Appeal of the District and the Board
The motion to dismiss that was filed by the District and the Board did not specify under which rule the motion was being made. The superior court, however, treated the motion as if it were a motion for summary [11]*11judgment.4 Accordingly, we shall review its ruling under the standards applicable to the granting of a motion for summary judgment.
The issues to be determined are whether there were genuine issues of material fact and, if nof, whether the District and the Board were entitled to judgment as a matter of law. Rule 56, Alaska R.Civ.P.; Moore v. State, 553 P.2d 8,15 (Alaska 1976). In reaching our decision we must draw all reasonable inferences in favor of Shatting, the non-moving party. Clabaugh v. Bottcher, 545 P.2d 172, 175 n.5 (Alaska 1976).
Although there is apparently disagreement over whether particular events occurred in Shatting’s classroom and whether the District conducted a proper evaluation of Shatting as required by Department of Education regulations, these facts were not material to the superior court’s determination of this case. It is only issues of material fact that preclude the granting of a motion for summary judgment. See Carlson v. State, 598 P.2d 969, 972 n.5 (Alaska 1979). The issues before the superior court were: (1) whether Shatting was entitled to judicial review of the Board’s decision not to retain him and (2) whether the Board, on the basis of the information presented to it, acted properly in deciding not to retain Shatting. The material facts pertaining to these two issues were not in dispute. Thus, the only issue left for our determination is whether the Board and the District were entitled to judgment as a matter of law.
2. Right to Judicial Review
The superior court concluded that Shatting had no right to judicial review of the Board’s decision. In reaching this conclusion the court relied on AS 14.20.205, which provides: “If a school board reaches a decision unfavorable to a teacher, the teacher is entitled to a de novo trial in the superior court. However, a teacher who has not attained tenure rights is not entitled to judicial review according to this section.”
We believe the superior court erred in concluding that AS 14.20.205 totally precludes judicial review in cases such as this. While the statute does not extend the tenured teacher’s right to a trial de novo to a non-tenured teacher such as Shatting, neither does it preclude a more limited form of judicial review of the school board decision. We therefore hold that Shatting had a right to judicial review, on the record, of the Board’s decision.5
3. Decision Not to Retain Shatting Although the superior court found that Shatting did not have a right to judicial review of the Board’s decision, the court did, in fact, review the record of the proceedings leading to that decision and determined that the Board had acted properly. We affirm the decision of the superior court.
AS 14.20.175(a) provides in part: “A teacher who has not acquired tenure rights is subject to nonretention ... for any cause which the employer determines to [12]*12be adequate.”6 On its face this section grants to a school board virtually unlimited discretion in deciding whether to deny continued employment to non-tenured teachers. Despite the broad language of the statute, however, we think that the board’s discretion is subject to certain limitations. It is clear, for example, that a school board may not deny continued employment to a teacher because of the teacher’s exercise of first amendment rights. See, e. g., Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972). Just as clearly, a school board may not deny continued employment to a teacher if to do so would deprive the teacher of other rights that are guaranteed by constitution or statute. See, e. g., Nichols v. Eckert, 504 P.2d 1359 (Alaska 1973); AS 18.80.220 (declaring certain employment practices to be unlawful).
In addition to constitutional and statutory limitations, Shatting contends that a school board’s discretion is subject to further limitation by the evaluation standards established by the Department of Education, and that a teacher may be “non-retained” only for failure to meet the evaluation standards.7 He relies on 4 AAC 19.010: “[FJormal evaluations shall serve as a method for gathering data relevant to subsequent employment status decisions pertaining to the person evaluated.” We believe, however, that this regulation, promulgated by an administrative agency, cannot operate to limit the broad discretion that was intentionally given to local school boards by the legislature, and that a school board’s decision not to renew the contract of a non-tenured teacher may be “for any cause which the employer determines to be adequate.” AS 14.20.175(a).
Shatting also contends that the Board’s discretion is limited by the requirement that it not be arbitrary or capricious,8 apparently because the Board is required by AS 14.20.175(a)9 to give him a statement of cause and a hearing. Assuming, arguendo, that Shatting is correct, our review of the record fails to convince us that the Board’s action in this case was arbitrary and capricious.
The United States Supreme Court has held that a non-tenured teacher whose contract is not renewed has no constitutional right to a hearing or a statement of cause. Roth v. Board of Regents, 408 U.S. 564, 569, 92 S.Ct. 2701, 2705, 33 L.Ed.2d 548, 556 (1972). AS 14.20.175(a), therefore, in requiring a statement of cause and an opportunity to be heard, exceeds constitutional requirements. Since it is clear from the record that the Board fully complied with the statutory requirements, there was no violation of the Alaska Constitution or statutes. For these reasons, we conclude that the action of the Board was entirely proper.10 This holding, we believe, is consistent with our past decisions, where we have stated that “[t]he rights of a non-tenured teacher who is simply not retained at the end of his period of employment are relatively limited. He has no constitutionally protected interest in public employment.” Van Gorder v. Matanuska-Susitna Borough School District, 513 P.2d 1094, 1095 (Alaska 1973).
The judgment of the superior court is AFFIRMED.
RABINOWITZ, C. J., not participating.