Printable Format72-2215. Definitions. As used in this act: (a) "Teacher" shall mean and include teachers, supervisors, principals, superintendents and any other professional employees who are required to hold a teacher's or school administrator's certificate in any public school.
(b) "Governing body" and "board of education" shall mean the board of education of any public school district.
History: L. 1951, ch. 413, § 1; L. 1965, ch. 410, § 28; L. 1969, ch. 317, § 7; April 25.
Source or Prior Law:
72-5410.
Law Review and Bar Journal References:
Statute seems to contemplate individual rather than collective contracts of employment, Larry L. Deemer and Robert J. Fowks, 7 W.L.J. 291, 295 (1968).
Attorney General's Opinions:
Kansas state school for the deaf and Kansas state school for the visually handicapped; employees. 85-12.
Contracts bind both teachers and boards of education; effects of insufficient budgets. 91-83.
CASE ANNOTATIONS
1. Cited; discharge of teacher upheld. Million v. Board of Education, 181 Kan. 230, 232, 310 P.2d 917.
2. Cited; issue of case concerned rights of parties under conditions of leave policy regulation and not rights under continuing contract law. Hamann v. Crouch, 211 Kan. 852, 858, 508 P.2d 968.
3. Act cited; purpose is to eliminate uncertainty and possible controversy regarding continuing employment of teachers with schools. Krahl v. Unified School District, 212 Kan. 146, 509 P.2d 1146.
4. Referred to; school board in hearing general run of complaints acting in public service (dissenting opinion). Schulze v. Board of Education, 221 Kan. 351, 357, 559 P.2d 367.
5. Teacher contract extended by continuing contract law terminated by mutual consent. Brinson v. School District, 223 Kan. 465, 467, 471, 474, 576 P.2d 602.
6. Mentioned in holding continuing contract law and teacher due process act as not inconsistent with each other. NEA-Wichita v. Board of Education of U.S.D. No. 259, 225 Kan. 395, 397, 399, 592 P.2d 80.
7. Act mentioned; bargaining proposal relating to reduction and recall of teachers not mandatorily negotiable. NEA-Parsons v. U.S.D. No. 503, 225 Kan. 581, 585, 593 P.2d 414.
8. Where teacher contract provisions (reduction of staff) conflict with teacher contract statutes, statutes prevail. Ottawa Education Ass'n v. U.S.D. 290, 233 Kan. 865, 867, 666 P.2d 680 (1983).
9. Cited; absence of legislative intent authorizing school districts to contract away two-year employment provisions of K.S.A. 72-5445 examined. Miller v. U.S.D. No. 470, 12 Kan. App.2d 368, 369, 744 P.2d 865 (1987).
10. Neither continuing contract law nor due process act (K.S.A. 72-5436 et seq.) requires reduction of teaching staffs based on seniority. O'Hair v. U.S.D. No. 300, 15 Kan. App.2d 52, 63, 805 P.2d 40 (1991).
11. Change in term or condition of professional services does not constitute nonrenewal of existing contract. Baldwin v. U.S.D. No. 418, 23 Kan. App.2d 280, 285, 930 P.2d 18 (1996).
12. Supplemental duties of tenured teacher may be terminated without notice; only base contract is protected by statute. Norlin v. Board of Trustees of Cloud County Com. College, 33 Kan. App.2d 658, 107 P.3d 445 (2004).