Source or Prior Law:

72-5443.

Law Review and Bar Journal References:

"Rethinking Kansas Administrative Procedure," Marilyn V. Ainsworth and Sidney A. Shapiro, 28 K.L.R. 419, 435 (1980).

"Appellate Court Jurisdiction: An Update," Debra S. Byrd, 58 J.K.B.A. No. 1, 21, 23, (1989).

Attorney General's Opinions:

Waiver of certain due process rights. 86-12.

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

Subject and title of legislative bills; amendment or revival of statutes; two subjects in one bill. 94-44.

CASE ANNOTATIONS

1. Mentioned in reversing district court's finding that substantial evidence sufficient to establish good cause for nonrenewal of teacher contract not present; scope of review discussed. Gillett v. U.S.D. No. 276, 227 Kan. 71, 73, 77, 78, 79, 605 P.2d 105.

2. Board empowered by law to accept or reject decision of hearing committee. U.S.D. No. 461 v. Dice, 228 Kan. 40, 48, 49, 612 P.2d 1203.

3. Law provides sufficient due process for terminated teachers; board required to consider record of hearing. Kelly v. Kansas City, Kansas Community College, 231 Kan. 751, 758, 759, 648 P.2d 225 (1982).

4. When notice of school board's decision not to rehire is mailed, time for appeal begins and three-day extension for service by mail applies. Atkinson v. U.S.D. No. 383, 9 Kan. App. 2d 175, 178, 675 P.2d 917 (1984).

5. Submission of notice of decision of board; time for appeal. Atkinson v. U.S.D. No. 383, 235 Kan. 793, 796, 797, 799, 684 P.2d 424 (1984).

6. 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).

7. Retroactive application of 1984 amendment which merely alters the remedy or procedure to be followed. Keller v. Board of Trustees of Coffeyville Community College, 12 Kan. App. 2d 14, 733 P.2d 830 (1987).

8. 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, 750 P.2d 1041 (1988).

9. Cited; relationship between compliance with K.S.A. 60-258 (mailing entry of judgment) and extension provided by K.S.A. 60-206(e) examined. Danes v. St. David's Episcopal Church, 242 Kan. 822, 826, 752 P.2d 653 (1988).

10. 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, 8, 765 P.2d 1129 (1988).

11. Adequacy of teacher's notice of appeal (K.S.A. 60-2101(d)) to school board through board's counsel, time to perfect appeal determined. Butler v. U.S.D. No. 440, 244 Kan. 458, 461, 462, 769 P.2d 651 (1989).

12. Acts required of board to provide teacher due process examined where hearing committee not unanimous in recommendation. Unruh v. U.S.D. No. 300, 245 Kan. 35, 39, 775 P.2d 171 (1989).

13. 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).

14. Superintendent's involvement in executive session and advance preparation of resolution reflecting expected action not due process violation. O'Hair v. U.S.D. No. 300, 15 Kan. App. 2d 52, 64, 66, 805 P.2d 40 (1991).

15. 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).

16. Authority and duties of hearing committee, state board of education and school board considered in action involving nonrenewal of teacher's contract; right of appeal; section does not violate either § 2 or § 5 of article 6 of the Kansas Constitution. U.S.D. No. 380 v. McMillen, 252 Kan. 451, 854 P.2d 676 (1993).

17. 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, 272, 855 P.2d 896 (1993).

18. School board does not have discretion to refuse to adopt conclusions of due process during hearing committee. Ames v. U.S.D. No. 264, 19 Kan. App. 2d 80, 81, 864 P.2d 233 (1993).

19. Due process hearing committee held to be fact finder in teacher termination case. U.S.D. No. 434 v. Hubbard, 19 Kan. App. 2d 323, 325, 868 P.2d 1240 (1994).

20. 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).

21. Appropriate standard of review for hearing officer's decision on termination considered. U.S.D. No. 500 v. Robinson, 262 Kan. 357, 358, 360, 362, 363, 940 P.2d 1 (1997).

22. Requirement that hearing officer render a written opinion not later than 30 days after the close of a hearing is directory, not mandatory. Dees v. Marion-Florence U.S.D. No. 408, 36 Kan. App. 2d 768, 784, 149 P.3d 1215 (2006).