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72-2260. Same; application of act; years of employment requirements, waiver. (a) The provisions of K.S.A. 72-2253 through 72-2258, and amendments thereto, apply only to: (1) Teachers who have completed not less than three consecutive years of employment, and been offered a fourth contract, in the technical college, institute of technology at Washburn university or community college by which any such teacher is currently employed; and (2) teachers who have completed not less than two consecutive years of employment, and been offered a third contract, in the technical college, institute of technology at Washburn university or community college by which any such teacher is currently employed if at any time prior to the current employment the teacher has completed the years of employment requirement of paragraph (1) of this subsection in any technical college, the institute of technology at Washburn university or community college in this state.

(b) Any board may waive, at any time, the years of employment requirements of subsection (a)(1) for any teacher employed by it.

(c) The provisions of this subsection [section] are subject to the provisions of K.S.A. 72-2262, and amendments thereto.

History: L. 1974, ch. 301, § 10; L. 1975, ch. 373, § 8; L. 1976, ch. 315, § 7; L. 1984, ch. 267, § 3; L. 1992, ch. 185, § 7; L. 1998, ch. 171, § 2; L. 2001, ch. 177, § 12; L. 2005, ch. 69, § 21; L. 2009, ch. 32, § 58; L. 2010, ch. 74, § 15; L. 2011, ch. 93, § 1; L. 2012, ch. 166, § 16; L. 2014, ch. 93, § 53; July 1.

Source or Prior Law:

72-5445.

Law Review and Bar Journal References:

"2001 Legislative Wrap-Up," Paul T. Davis, 70 J.K.B.A. No. 7, 14 (2001).

Attorney General's Opinions:

Person who has been charged with operating a vehicle under the influence and thereafter completes diversion is not disqualified from being a candidate for or holding the office of sheriff. 2012-8.

CASE ANNOTATIONS

1. 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, 398, 592 P.2d 80.

2. Teacher must be afforded a full due process hearing before an impartial tribunal prior to midyear termination of his salary. Crane v. Mitchell County U.S.D. No. 273, 7 Kan. App. 2d 430, 433, 643 P.2d 1125 (1982). Reversed, 232 Kan. 51, 652 P.2d 205 (1982).

3. Teacher not employed two consecutive years due to good-faith gap in employment during regular school term. Schmidt v. U.S.D. No. 497, 231 Kan. 267, 272, 273, 274, 275, 644 P.2d 396 (1982).

4. Tenured teacher who resigns and is subsequently employed by same school district entitled to due process. Arneson v. Board of Education, U.S.D. No. 236, 8 Kan. App. 2d 178, 179, 180, 181, 652 P.2d 1157 (1982).

5. 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).

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

7. No legislative intent authorizing school districts to contract away two consecutive years of employment provisions. Miller v. U.S.D. No. 470, 12 Kan. App. 2d 368, 374, 744 P.2d 865 (1987).

8. Cited; supplemental coaching duties during school day as counting toward tenure, necessity for due process requirements (K.S.A. 72-5438) examined. Hachiya v. U.S.D. No. 307, 242 Kan. 572, 581, 750 P.2d 383 (1988).

9. Cited; rebuttable presumption of qualification represented by teaching certificate, tenured teacher's rights in reduction of force situation examined. Bauer v. U.S.D. No. 452, 244 Kan. 6, 9, 765 P.2d 1129 (1988).

10. Implied contract with school district did not give teacher property interest in continued employment. Munguia v. Unified School Dist. No. 328, 125 F.3d 1353, 1355 (1997).

11. Void employment contract does not eliminate a tenured teacher's property interest in continued employment. Rettie v. U.S.D. No. 475, 38 Kan. App. 2d 517, 167 P.3d 810 (2007).


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