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72-2251. Notice of termination or nonrenewal of certain teacher contracts; change of terms. (a) All contracts of employment of teachers, except contracts entered into under the provisions of K.S.A. 72-2217, and amendments thereto, shall be deemed to continue for the next succeeding school year unless written notice of termination or nonrenewal is served as provided in this subsection. Written notice to terminate a contract may be served by a board upon any teacher prior to the time the contract has been completed, and written notice of intention to nonrenew a contract shall be served by a board upon any teacher on or before the third Friday in May. A teacher shall give written notice to a board that the teacher does not desire continuation of a contract on or before the 14th calendar day following the third Friday in May or, if applicable, not later than 15 days after the issuance of a unilateral contract as authorized by K.S.A. 72-2238, and amendments thereto, whichever is the later date.

(b) Terms of a contract may be changed at any time by mutual consent of both a teacher and a board.

(c) As used in this section:

(1) "Board of education" or "board" means the board of education of any school district, the governing body of any technical college or the institute of technology at Washburn university, and the board of trustees of any community college.

(2) "Professional employee" means any person employed by a board of education in a position which requires a certificate issued by the state board of education or employed by a board of education in a professional, educational or instructional capacity.

(3) (A) "Teacher" means any professional employee who is required to hold a certificate to teach in any school district, and any teacher or instructor in any technical college, the institute of technology at Washburn university or any community college, including any professional employee who is a retirant from school employment of the Kansas public employees retirement system.

(B) The term "teacher" does not include any supervisors, principals or superintendents or any persons employed under the authority of K.S.A. 72-1134, and amendments thereto, or any persons employed in any administrative capacity by any technical college, the institute of technology at Washburn university or any community college.

History: L. 1974, ch. 301, § 2; L. 1975, ch. 373, § 2; L. 1976, ch. 315, § 2; L. 1978, ch. 292, § 2; L. 1980, ch. 220, § 17; L. 1984, ch. 266, § 2; L. 1992, ch. 20, § 2; L. 1995, ch. 263, § 3; L. 2008, ch. 125, § 4; L. 2010, ch. 110, § 1; L. 2014, ch. 93, § 50; July 1.

Source or Prior Law:

72-5437.

Cross References to Related Sections:

Compensation in monthly installments, exceptions, see 74-4940.

Attorney General's Opinions:

Waiver of certain due process rights. 86-12.

Due process procedure; notice to discontinue contract; negotiability of date. 86-44.

Teachers' contracts; professional negotiations; agreements; ratification; election; amendment. 92-105.

CASE ANNOTATIONS

1. Held as not superseding continuing contract law; teacher employment contracts include individual contracts and negotiated agreement. Riley County Education Ass'n v. U.S.D. No. 378, 225 Kan. 385, 388, 592 P.2d 87.

2. Held as not inconsistent with continuing contract law and as being a part thereof. NEA-Wichita v. Board of Education of U.S.D. No. 259, 225 Kan. 395, 397, 398, 399, 592 P.2d 80.

3. Teachers' contracts of employment include both individual contracts and negotiated agreements. NEA-Topeka, Inc. v. U.S.D. No. 501, 225 Kan. 445, 451, 592 P.2d 93.

4. 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.

5. Teachers continuing employment hereunder not entitled to pay increases under expired negotiated agreement. NEA-Goodland v. U.S.D. No. 352, 225 Kan. 596, 597, 592 P.2d 907.

6. Timely notice of nonrenewal hereunder; no prejudice to teacher in considering supplemental reasons for nonrenewal when closely connected to original reasons and opportunity afforded to present evidence in defense. Gillett v. U.S.D. No. 276, 227 Kan. 71, 72, 76, 80, 605 P.2d 105.

7. Appeal from trial court's finding of occurrence of prohibited practices during negotiations dismissed; moot. NEA-Topeka, Inc. v. U.S.D. No. 501, 227 Kan. 529, 531, 608 P.2d 920.

8. Fact-finding hearing not required prior to board's decision to deliver written notice on intention to nonrenew teacher's contract. U.S.D. No. 461 v. Dice, 228 Kan. 40, 42, 46, 47, 612 P.2d 1203.

9. 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.

10. Plaintiff held to be regularly employed person during period of vacation and entitled to PIP disability benefits for that period. Armacost v. State Farm Mut. Auto. Ins. Co., 231 Kan. 276, 279, 644 P.2d 403 (1982).

11. Where teacher contract provisions (reduction of staff) conflict with teacher contract statutes, statutes prevail. Ottawa Education Ass'n v. U.S.D. No. 290, 233 Kan. 865, 867, 666 P.2d 680 (1983).

12. Tenured teacher entitled to due process upon involuntary renewal. Swager v. Board of Education, U.S.D. No. 412, 9 Kan. App. 2d 648, 651, 688 P.2d 270 (1984).

13. Subsequent due process hearing where all rights exercised renders issue on propriety of hearing notice moot. Hein v. Board of Education, U.S.D. No. 238, 10 Kan. App. 2d 303, 304, 698 P.2d 388 (1985).

14. Cited; rights of tenured versus nontenured teachers examined. Burk v. Unified School Dist. No. 329, Wabaunsee Cty., 646 F. Supp. 1557, 1561, 1562 (1986).

15. 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, 370, 744 P.2d 865 (1987).

16. Cited; failure to follow K.S.A. 72-5443 as not violative of due process under circumstances examined. Leaming v. U.S.D. No. 214, 242 Kan. 743, 745, 750 P.2d 1041 (1988).

17. School board's role in reviewing decision of hearing committee on nonrenewal of tenured teacher examined. Loewen v. U.S.D. No. 411, 15 Kan. App. 2d 612, 614, 813 P.2d 385 (1991).

18. Layoff of teacher whose position had been eliminated held not a termination or nonrenewal; collective bargaining agreement controlled. Thompson v. U.S.D. No. 259, 16 Kan. App. 2d 42, 819 P.2d 1236 (1991).

19. Mandamus appropriate remedy for tenured teacher to pursue for salary pending resolution of due process proceedings. McMillen v. U.S.D. No. 380, 253 Kan. 259, 263, 855 P.2d 896 (1993).

20. Modification of teacher's individual contract through collective bargaining does not trigger due process protections. Baldwin v. U.S.D. No. 418, 23 Kan. App. 2d 280, 282, 930 P.2d 18 (1996).

Law Review and Bar Journal References:

"Constitutional Law: Due Process Rights of Nontenured Public School Teachers Dismissed for Misconduct During the School Year," David W. Brooks, 23 W.L.J. 173, 179, 180, 181, 183 (1983).

"Procedural Due Process Under the Kansas Teacher Due Process Act: Going Through the Motions Is Not Enough [Unruh v. Unified School District No. 300, 245 Kan. 35, 775 P.2d 171 (1989)]", Douglas P. Witteman 29 W.L.J. 668, 669 (1990).

Attorney General's Opinions:

Policy of evaluation of certificated school personnel; legislative intent. 90-133.

Teachers' contracts; due process; contract termination; testimony and records; allocation of costs. 92-44.

Teachers' contracts; supplemental contracts; continuation; primary contracts; part-time employment. 92-109.


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