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72-2252. Due process hearing procedures for certain postsecondary teachers; definitions. As used in this act: (a) "Teacher" means any teacher or instructor in any technical college, the institute of technology at Washburn university or community college. The term "teacher" does not include within its meaning any persons employed in an administrative capacity by any technical college, the institute of technology at Washburn university or community college.

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

History: L. 1974, ch. 301, § 1; L. 1975, ch. 373, § 1; L. 1976, ch. 315, § 1; L. 1984, ch. 267, § 1; L. 2006, ch. 143, § 5; L. 2014, ch. 93, § 49; July 1.

Source or Prior Law:

72-5436.

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).

"Survey of Kansas Law: Administrative Law," Steve A. Leben, 37 K.L.R. 679, 694 (1989).

Attorney General's Opinions:

Kansas state school for the deaf and Kansas state school for the visually handicapped; employees. 85-12.

Teachers' contracts; due process; contract termination; opinion of hearing committee; findings of fact and recommendation; effect. 91-131.

CASE ANNOTATIONS

1. Referred to in holding teacher terminated in midyear without hearing entitled to back pay. Wertz v. Southern Cloud Unified School District, 218 Kan. 25, 28, 542 P.2d 339.

2. Referred to in determining that scope of review on appeal from school board decision limited by K.S.A. 60-2101. Brinson v. School District, 223 Kan. 465, 466, 576 P.2d 602.

3. Procedural due process requirements discussed; school teacher reinstated and damages awarded. Unified Sch. Dist. No. 298 of Lincoln Cty., 432 F. Supp. 895, 902, 903.

4. Mentioned as providing for impartial administrative hearing but inapplicable to community junior colleges at time teacher contract dispute arose. Boatright v. Board of Trustees of Butler Co. Jr. College, 225 Kan. 327, 331, 590 P.2d 1032.

5. Mentioned in action involving issuance of unilateral contracts after termination of unsuccessful professional negotiations. Riley County Education Association v. U.S.D. No. 378, 225 Kan. 385, 388, 592 P.2d 87.

6. 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, 397, 398, 592 P.2d 80.

7. Proposals relating to nondiscrimination, dismissal procedure, and procedure for contract nonrenewal are not mandatorily negotiable. Chee-Craw Teachers Association v. U.S.D. No. 247, 225 Kan. 561, 569, 593 P.2d 406.

8. Act 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.

9. Act discussed; good cause for nonrenewal of teacher contract defined; scope of review of district court discussed. Gillett v. U.S.D. No. 276, 227 Kan. 71, 75, 76, 78, 79, 605 P.2d 105.

10. Teacher was not limited to appeal under K.S.A. 60-2101, but could pursue breach of contract remedies. Speece v. U.S.D. No. 420, 6 Kan. App. 2d, 71, 74, 75, 626 P.2d 1202.

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. In action by discharged teacher appeal was timely and trial court erred in dismissing because of plaintiff's failure to exhaust administrative remedies. Scott v. U.S.D. No. 377, 7 Kan. App. 2d 82, 85, 88, 638 P.2d 941 (1982).

13. Teacher must be afforded a full due process hearing before an impartial tribunal prior to midyear termination of salary. Crane v. Mitchell County U.S.D. No. 273, 7 Kan. App. 2d 430, 432, 446, 643 P.2d 1125 (1982). Reversed, 232 Kan. 51, 652 P.2d 205 (1982).

14. Term "teacher" includes all professional employees, whether part time or full time, required to hold a teaching certificate. Schmidt v. U.S.D. No. 497, 231 Kan. 267, 269, 270, 271, 644 P.2d 396 (1982).

15. Interlocal special education cooperative not required to employ teachers whose contracts are nonrenewed by member school districts. NEA-Valley Center v. U.S.D. No. 262, 231 Kan. 353, 644 P.2d 381 (1982).

16. 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, 652 P.2d 1157 (1982).

17. Law provides sufficient due process for terminated teachers. Kelly v. Kansas City, Kansas Community College, 231 Kan. 751, 754, 758, 759, 760, 648 P.2d 225 (1982).

18. Teacher was given proper notice and opportunity for hearing; school board members who made prior decision to dismiss are not incapable of providing a subsequent hearing. Crane v. Mitchell County U.S.D. No. 273, 232 Kan. 51, 52, 53, 54, 55, 63, 652 P.2d 205 (1982).

19. Unilateral expectations of continued employment create no protected property rights. Martin v. Unified School Dist. No. 434, Osage City, 728 F.2d 453, 455 (1984).

20. 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).

21. Cited; failure to seek judicial review of employment termination precludes complaint under discrimination act (K.S.A. 44-1001 et seq.). Neunzig v. Seaman U.S.D. No. 345, 239 Kan. 654, 662, 722 P.2d 569 (1986).

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

23. 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, 369, 744 P.2d 865 (1987).

24. 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, 573, 750 P.2d 383 (1988).

25. 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, 747, 750 P.2d 1041 (1988).

26. 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, 7, 765 P.2d 1129 (1988).

27. Cited where adequacy of teacher's notice of appeal (K.S.A. 60-2101) to school board (K.S.A. 72-5443) determined. Butler v. U.S.D. No. 440, 244 Kan. 458, 463, 769 P.2d 651 (1989).

28. Knowingly failing to take advantage of procedures herein as waiver of right to challenge them examined. Pitts v. Bd. of Educ. of U.S.D. 305, Salina, Kansas, 869 F.2d 555 (10 th Cir. 1989).

29. Nonrenewal of tenured teacher examined; acts constituting due process violations and arbitrary and capricious actions determined. Unruh v. U.S.D. No. 300, 245 Kan. 35, 36, 775 P.2d 171 (1989).

30. Scope of review by both trial and appellate court stated; termination of tenured teacher for insubordination examined. Gaylord v. U.S.D. No. 218, 14 Kan. App. 2d 462, 464, 794 P.2d 307 (1990).

31. 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).

32. Neither continuing contract law (K.S.A. 72-5410 et seq.) nor due process act requires reduction of teaching staffs based on seniority. O'Hair v. U.S.D. No. 300, 15 Kan. App. 2d 52, 63, 805 P.2d 40 (1991).

33. 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, 813 P.2d 385 (1991).

34. 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, 44, 46, 819 P.2d 1236 (1991).

35. Authority of school board and state board of education relating to nonrenewal of teacher's contract considered in action hereunder. U.S.D. No. 380 v. McMillen, 252 Kan. 451, 452, 454, 854 P.2d 676 (1993).

36. 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, 267, 855 P.2d 896 (1993).

37. Cited; whether K.S.A. 60-102 should be used to compute time requirements unless statute expressly provides otherwise examined. State v. Johnson, 19 Kan. App. 2d 315, 317, 868 P.2d 555 (1994).

38. Whether appellate procedural protections in teachers' act (K.S.A. 72-5436 et seq.) should apply to administrators' act (K.S.A. 72-5451 et seq.) examined. Allen v. U.S.D. No. 436, 19 Kan. App. 2d 873, 877, 878 P.2d 223 (1994).

39. Trial court ruling that district failed to show good cause for nonrenewal of tenured teacher's contract reversed. U.S.D. No. 500 v. Robinson, 22 Kan. App. 2d 892, 893, 924 P.2d 651 (1996).

40. Appropriate standard of review for hearing officer's decision on termination considered. U.S.D. No. 500 v. Robinson, 262 Kan. 357, 940 P.2d 1 (1997).

41. Supplemental duties of tenured teacher may be terminated without notice; only base contract is protected by statute. Norlin v. Board of Trustees of Cloud County Com. College, 33 Kan. App. 2d 658, 107 P.3d 445 (2004).

42. Due Process Teacher Act covers only full-time tenured positions; it does not apply to supplementary duties. U.S.D. No. 215 v. McGlynn, 33 Kan. App. 2d 661, 107 P.3d 1234 (2004).

43. 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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