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72-2216. Contracts bind both teachers and board of education; suspension of license, when; insufficient budget, effect. All contracts shall be binding on both the teacher and board of education of the school district until the teacher has been legally discharged from such teacher's teaching position or until released by the board of education from such contract. Until such teacher has been discharged or released, such teacher shall not have authority to enter into a contract with the board of education of any school district for any period of time covered in the original contract. If upon written complaint, signed by ⅔ of the members of the board of education of the school district, any teacher who is reported to have entered into a contract with another school or board of education without having been released from such former contract, or for other reasons fails to fulfill the provisions of such contract, such teacher, upon being found guilty of such charge at a hearing held before the state board of education, shall have such teacher's license suspended for the remainder of the term for which such contract was made. The hearing before the state board shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Notwithstanding the foregoing provisions of this section, any contract of employment made by the board of education of any school district prior to the public hearing on the budget of such school district shall be voidable in case adequate funds are not available in such budget for the compensation provided for in such contracts.

History: L. 1951, ch. 413, § 3; L. 1969, ch. 317, § 8; L. 1988, ch. 356, § 277; L. 2005, ch. 69, § 20; July 1.

Source or Prior Law:

72-5412.

Law Review and Bar Journal References:

Seems to contemplate individual contracts and makes it difficult to contend that board has implied authority to execute a contract collectively bargained, Larry L. Deemer and Robert J. Fowks, 7 W.L.J. 291, 296, 297 (1968).

Attorney General's Opinions:

Contracts bind both teachers and boards of education; effects of insufficient budgets. 91-83.

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

CASE ANNOTATIONS

1. Cited; discharge of teacher upheld. Million v. Board of Education, 181 Kan. 230, 232, 310 P.2d 917.

2. Mentioned; action for damages brought by teacher with tenure; plaintiff's retirement held to be voluntary. Wiley v. Board of Education, 205 Kan. 585, 590, 470 P.2d 792.

3. Discussed 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, 399, 592 P.2d 80.

4. Cited; 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. Liquidated damages clause in a teacher's contract of employment is valid and enforceable, although phrased in the language of a penalty. U.S.D. No. 315 v. DeWerff, 6 Kan. App.2d 77, 80, 626 P.2d 1206.

6. 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, 155, 627 P.2d 335.

7. 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).

8. Unilaterally imposing liquidated damages on resigning teachers found not to be a prohibited practice. Garden City Educators' Ass'n v. U.S.D. No. 457, 15 Kan. App.2d 187, 190, 805 P.2d 511 (1991).

9. 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, 268, 855 P.2d 896 (1993).

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, 1357 (1997).


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