72-2281. Definitions; superintendents excepted. As used in this act:
(a) "Board" means the board of education of any school district, the board of directors of any interlocal cooperative composed of school districts, or the board of control of any area vocational-technical school.
(b) "Administrator" means any employee of a board who is required to hold a school administrator's certificate, or who is designated in K.S.A. 72-1134, or whose position the board determines to be administrative or supervisory in nature with responsibilities and remuneration comparable to those of certified administrators. The term administrator shall not mean or include a superintendent of schools.
(c) "Not renew the contract" or "nonrenewal of the contract" means that an administrator remains on duty to complete the term of a current contract but is not offered a contract for the subsequent contract, calendar or fiscal year.
History: L. 1981, ch. 274, § 1; July 1.
Source or Prior Law:
72-5451.
Law Review and Bar Journal References:
"Rights of Kansas Non-Union Employees Against Unjust Termination—Where Are We Now?" William C. Nulton, 54 J.K.B.A. 237, 238 (1985).
Attorney General's Opinions:
School district administrator's contract; renewal; executive session with school board; counsel defined. 95-46.
CASE ANNOTATIONS
1. Cited; rights of tenured versus nontenured administrators examined. Burk v. Unified School Dist. No. 329, Wabaunsee Cty., 646 F. Supp. 1557, 1562 (1986).
2. Availability of postdeprivation state law remedies did not preclude administrator/teacher from asserting due process claim following nonrenewal. Mason v. Board of Educ., School Dist. No. 209, 741 F. Supp. 879, 882, 885 (1990).
3. School board did not breach duty of good faith and fair dealing where the board complied with Kansas Administrators' Act when non-renewing administrator's contract and plaintiff's resignation foreclosed additional due process rights. Stead v. USD No. 259, Sedgwick County, 92 F. Supp. 3d 1088, 1110-11 (D. Kan. 2015).
|