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72-2228. Rights and duties of boards of education reserved; recognition and negotiation required; terms and conditions subject to negotiation; applicability of open meetings law, exceptions; strikes not authorized; adoption of agreements by reference. (a) Nothing in this act, or the act of which this section is amendatory, shall be construed to change or affect any right or duty conferred or imposed by law upon any board of education, except that boards of education are required to comply with this act, and the act of which this section is amendatory, in recognizing professional employees' organizations, and when such an organization is recognized, the board of education and the professional employees' organization shall enter into professional negotiations on request of either party at any time during the school year prior to issuance or renewal of the annual teachers' contracts. Notices to negotiate on new items or to amend an existing contract must be filed on or before March 31 in any school year by either party, such notices shall be in writing and delivered to the chief administrative officer of the board of education or to the representative of the bargaining unit and shall contain in reasonable and understandable detail the purpose of the new or amended items desired.

(b) (1) Upon entering negotiations pursuant to this section, the parties shall negotiate compensation of professional employees and hours and amounts of work. In addition, each party may select not more than three additional terms and conditions of professional service from the list described in K.S.A. 72-2218(l)(1), and amendments thereto, for negotiation. All other terms and conditions of professional service described in K.S.A. 72-2218(l)(1), and amendments thereto, shall be deemed permissive topics for negotiation and shall only be negotiated upon the mutual agreement of the parties.

(2) For purposes of this section, the term "compensation" means salary and wages, supplemental contract salaries and pay for overtime.

(3) The provisions of this subsection shall not apply to negotiations between a board of education and a professional employees' organization negotiating for the purpose of reaching their first agreement.

(c) Except as otherwise expressly provided in this subsection, every meeting, conference, consultation and discussion between a professional employees' organization or its representatives and a board of education or its representatives during the course of professional negotiation and every hearing conducted by the secretary under K.S.A. 72-2231, and amendments thereto, for determination of the question of the existence of impasse is subject to the provisions of the Kansas open meetings law, and any amendments or supplements thereto. Meetings, conferences, consultations and discussions held by the secretary under K.S.A. 72-2231, and amendments thereto, for investigation of the question of the existence of impasse, and meetings, conferences, consultations and discussions held during the course of and in connection with, and the meeting required at the conclusion of, impasse resolution proceedings, as provided for in K.S.A. 72-2232 and 72-2233, and amendments thereto, are specifically made exempt from the provisions of the Kansas open meetings law, and any amendments or supplements thereto.

(d) Nothing in this act, or the act of which this section is amendatory, shall be construed to authorize a strike by professional employees.

(e) Any agreement lawfully made under the provisions of this act, or the act of which this section is amendatory, may be adopted by reference and made a part of the employment contract between any professional employee of the applicable negotiating unit and a board of education for a period of not to exceed three years.

(f) Those individuals selected by the board of education and the professional employees' organization to conduct negotiations pursuant to this act shall complete training on conducting negotiations each year. The content and format of the training for these individuals shall be determined by the respective party each individual represents in negotiations.

History: L. 1970, ch. 284, § 11; L. 1977, ch. 248, § 12; L. 1980, ch. 220, § 8; L. 1986, ch. 269, § 1; L. 2015, ch. 92, § 13; July 1.

Source or Prior Law:

72-5423.

Law Review and Bar Journal References:

"Teachers and the School Board—Negotiations in Kansas," Janet Chubb and David Gray, 15 W.L.J. 457, 460 (1976).

"Survey of Kansas Law: Municipal Corporations," Richard H. Seaton, 27 K.L.R. 269, 272, (1979).

Attorney General's Opinions:

Early retirement incentive programs; incentive payments exceeding one year. 89-18.

Teachers' contracts; professional negotiations; open meetings law; executive sessions. 92-51.

CASE ANNOTATIONS

1. Local board has duty to negotiate with recognized representative until controversy determined. Liberal-NEA v. Board of Education, 211 Kan. 219, 220, 222, 223, 224, 226, 229, 232, 505 P.2d 651.

2. Statute requires school board to put in writing and to be bound by mutually agreed provisions. National Education Association v. Board of Education, 212 Kan. 741, 743, 747, 748, 749, 512 P.2d 426.

3. Paragraph (b) applied; no court assistance to professional employees who strike. Seaman Dist. Teachers' Ass'n v. Board of Education, 217 Kan. 233, 237, 246, 535 P.2d 889.

4. After termination of unsuccessful negotiation, boards may issue unilateral contracts containing items not noticed or negotiated. Riley County Education Ass'n v. U.S.D. No. 378, 225 Kan. 385, 386, 387, 388, 389, 390, 391, 392, 592 P.2d 87.

5. Mentioned in determination of items which are mandatorily negotiable under collective negotiations law. NEA-Topeka, Inc. v. U.S.D. No. 501, 225 Kan. 445, 446, 592 P.2d 93.

6. Section cited; discussion of rules for determining the scope of mandatory negotiations. Chee-Craw Teachers Association v. U.S.D. No. 247, 225 Kan. 561, 571, 593 P.2d 406.

7. Subsection (d) cited; teachers continuing employment under continuing contract law not entitled to pay increases under expired negotiated agreement. NEA-Goodland v. U.S.D. No. 352, 225 Kan. 596, 597, 598, 592 P.2d 907.

8. Cited in action determining whether certain items of negotiation are mandatory. NEA-Kansas City v. U.S.D. No. 500, 227 Kan. 541, 542, 545, 608 P.2d 415.

9. Applied; school board precluded from rescinding its decision until individual teachers had reasonable time to accept or reject. Burrton Education Ass'n v. U.S.D. No. 369, 4 Kan. App. 2d 141, 142, 144, 604 P.2d 57.

10. Choice of exclusive representative of professional employees does not negate right of district to make payroll deductions of dues for a different professional employees' organization upon proper authorization; prior right not changed by collective negotiations statutes. NEA-Wichita v. U.S.D. No. 259, 4 Kan. App. 2d 443, 446, 608 P.2d 1367.

11. Trial court correctly found school board's notice of termination was timely given. Gragg v. U.S.D. No. 287, 6 Kan. App. 2d 152, 154, 627 P.2d 335.

12. Notice required for board to change "mandatorily negotiable" items while negotiated agreement in effect. Dodge City Nat'l Education Ass'n v. U.S.D. No. 443, 6 Kan. App. 2d 810, 811, 812, 635 P.2d 1263 (1981).

13. Notice provision herein mandatory; intent to negotiate must contain in reasonable and understandable detail purpose of new or amended items desired. U.S.D. No. 252 v. South Lyon County Teachers Ass'n, 11 Kan. App. 2d 295, 297, 720 P.2d 1119 (1986).

14. Procedure for review of decision on negotiability of evaluation criteria and evaluation procedures examined. U.S.D. No. 352 v. NEA-Goodland, 246 Kan. 137, 144, 785 P.2d 993 (1990).

15. Unilateral contracts after impasse altering and adding terms and conditions, reduction of teachers' salaries by board's negotiation expenses examined. U.S.D. No. 279 v. Secretary of Kansas Dept. of Human Resources, 14 Kan. App. 2d 248, 257; affirmed in part, reversed in part, 247 Kan. 519, 521, 802 P.2d 516 (1990).


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