reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2220 Exclusive representation of negotiating units; any employee or group may present its position or proposal.

72-2220.
Exclusive representation of negotiating units; any employee or group may present its position or proposal.
(a) When a representative is designated or selected for the purposes of professional negotiation by the majority of the professional employees in an appropriate negotiating unit, such representative shall be the exclusive representative of all the professional employees in the unit for such purpose.
(b) Nothing in this act or in acts amendatory thereof or supplemental thereto shall be construed to prevent professional employees, individually or collectively, from presenting or making known their positions or proposals or both to a board of education, a superintendent of schools or other chief executive officer employed by a board of education.
History:
L. 1970, ch. 284, § 3; L. 1977, ch. 248, § 2; L. 1980, ch. 220, § 2; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2221 Recognition of employees' organization as representative; exceptions to required recognition.

72-2221.
Recognition of employees' organization as representative; exceptions to required recognition.
(a) If professional employees of a board of education are not represented by a professional employees' organization for the purpose of professional negotiation, any professional employees' organization may file a request with the board of education alleging that a majority of the professional employees in an appropriate negotiating unit wish to be represented for such purpose by such organization and asking the board of education to recognize it as the exclusive representative under K.S.A. 72-2220. Such request shall describe the grouping of jobs or positions which constitute the unit claimed to be appropriate and shall include a demonstration of majority support through verified membership lists. Notice of such request shall immediately be posted by the board of education on a bulletin board at each school or other facility in which members of the unit claimed to be appropriate are employed.
(b) A request for recognition under subsection (a) shall be granted by the board of education unless:
(1) The board of education has a good faith doubt as to the accuracy or validity of the evidence demonstrating majority support; or
(2) another professional employees' organization files with the board of education within ten (10) calendar days after the posting of notice of the original request a competing request alleging majority support and asking the board of education to recognize it as the exclusive representative; or
(3) one or more of the professional employees included in the unit claimed to be appropriate files with the board of education within ten (10) calendar days after the posting of notice of the original request a competing request alleging majority support and asking the board of education to deny the request for recognition; or
(4) the board of education, within the previous twelve (12) months, has lawfully denied or withdrawn the recognition of a professional employees' organization as the exclusive representative of the professional employees included in the unit claimed to be appropriate; or
(5) the secretary, within the previous twelve (12) months, has conducted a secret ballot election under the provisions of this act, or the act of which this section is amendatory, and the election resulted in a majority vote for no representation.
History:
L. 1970, ch. 284, § 4; L. 1980, ch. 220, § 3; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2222 Same; determination by secretary of human resources upon petition.

72-2222.
Same; determination by secretary of human resources upon petition.
(a) A petition may be filed with the secretary, asking the secretary to investigate and decide the question of whether (1) professional employees in an appropriate negotiating unit have designated a professional employees' organization for recognition as an exclusive representative for purposes of K.S.A. 72-2220; (2) a professional employees' organization which is the recognized exclusive representative should be replaced by another professional employees' organization; (3) recognition of a professional employees' organization as the exclusive representative should be withdrawn.
(b) A petition under subsection (a) may be filed by:
(1) A board of education alleging that it has received a request for exclusive recognition from a professional employees' organization and has a good faith doubt as to the accuracy or validity of the claims made in the request; or
(2) a professional employees' organization; or
(3) one or more professional employees seeking withdrawal of recognition of a professional employees' organization as the exclusive representative.
History:
L. 1970, ch. 284, § 5; L. 1977, ch. 248, § 3; L. 1980, ch. 220, § 4; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2223 Same; election; summary dismissal of petition, when.

72-2223.
Same; election; summary dismissal of petition, when.
(a) Upon receipt of a petition under K.S.A. 72-2222 and except as provided in subsection (b), the secretary or a person or persons designated by the secretary may direct and conduct a secret ballot election in order to decide the questions raised by the petition.
(b) The secretary shall dismiss, without determining the questions raised therein, any petition filed under K.S.A. 72-2222, if:
(1) The petition is filed by a professional employees' organization and is not supported by credible evidence that at least thirty percent (30%) of the professional employees in the appropriate unit are members of the professional employees' organization filing the petition; or
(2) the petition is filed by one or more professional employees, asks the secretary to determine the question of whether recognition of a professional employees' organization should be withdrawn, and is not supported by credible evidence that at least thirty percent (30%) of the professional employees in the appropriate unit support the request; or
(3) the board of education, within the previous twelve (12) months, has lawfully recognized a professional employees' organization other than the petitioner as the exclusive representative of any professional employees included in the unit described in the petition; or
(4) the board of education, within the previous twelve (12) months, has lawfully denied or withdrawn the recognition of a professional employees' organization as the exclusive representative of the professional employees included in the unit described in the petition; or
(5) the secretary, within the previous twelve (12) months, has conducted and certified the result of a secret ballot election under the provisions of this act, or the act of which this section is amendatory.
History:
L. 1970, ch. 284, § 6; L. 1977, ch. 248, § 4; L. 1980, ch. 220, § 5; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2224 Same; conduct of election for determination; conditions; run-off election.

72-2224.
Same; conduct of election for determination; conditions; run-off election.
If the secretary does not dismiss a petition filed under K.S.A. 72-2222 and determines that it is necessary to direct and conduct a secret ballot election in order to resolve the questions raised by the petition, the secretary shall order the election held and shall determine the eligibility of professional employees to vote at the election. The secretary shall base his or her determination of the questions raised by the petition upon the result favored by the majority of the professional employees who vote at the election if at least a majority of the eligible professional employees vote. If less than a majority of the eligible professional employees vote at any election conducted under this section, the status of the professional employees with regard to representation prior to the election is maintained. The name of a professional employees' organization shall not appear on the ballot unless (a) the professional employees' organization has submitted to the secretary satisfactory evidence demonstrating that at least thirty percent (30%) of the professional employees in the appropriate unit are members in good standing of such organization, or (b) the professional employees' organization is the currently recognized exclusive representative. In addition to the name of any professional employees' organization entitled to be contained thereon, the ballot in the election shall contain the choice of "no representation." When an election in which the ballot contains three (3) or more choices results in no choice receiving a majority of the votes cast, the secretary shall conduct a run-off election by secret ballot. The ballot in a run-off election shall only provide for a selection between the two choices receiving the largest and second largest number of votes in the original election. The secretary shall certify the result of the election to the parties involved therein.
History:
L. 1970, ch. 284, § 7; L. 1977, ch. 248, § 5; L. 1980, ch. 220, § 6; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2225 Criteria for determining appropriate unit of employees' organization.

72-2225.
Criteria for determining appropriate unit of employees' organization.
In each case where the question is in issue, the secretary shall decide, on the basis of the community of interest between and among the professional employees of the board of education, the wishes of the professional employees and/or the established practices among the professional employees including, among other things, the extent to which such professional employees have joined a professional employees' organization, whether the unit appropriate for the purposes of professional negotiation shall consist of all persons employed by the board of education who are engaged in teaching or performing other duties of an educational nature, or some subdivision thereof, except that a unit including classroom teachers shall not be appropriate unless it includes all such teachers employed by the board of education.
History:
L. 1970, ch. 284, § 8; L. 1977, ch. 248, § 6; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2226 Agreements; ratification; election; absentee ballots.

72-2226.
Agreements; ratification; election; absentee ballots.
(a) A board of education and an exclusive representative selected or designated under the provisions of this act, or the act of which this section is amendatory, may enter into an agreement covering terms and conditions of professional service. The agreement becomes binding when ratified by a majority of the members of the board of education and a majority of the professional employees in the applicable negotiating unit who vote on the question of ratification of the agreement at an election conducted by the exclusive representative if at least a majority of the professional employees in the negotiating unit vote. If less than a majority of the professional employees vote on the question of ratification, the election is void.
(b) Every professional employee in the applicable negotiating unit who is to be absent from the place and at the time of the election may vote an absentee ballot on the question of ratification of the agreement. Upon written application by a professional employee for an absentee ballot, the exclusive representative shall transmit to the professional employee, in person or by mail to the address provided by the professional employee in the application, a ballot, an unmarked envelope, a larger envelope containing a space for the professional employee's signature and addressed to the exclusive representative, and instructions to the professional employee for casting the ballot. On receipt of an application under this subsection, the exclusive representative shall prepare and maintain a list of the names of professional employees who have applied for absentee ballots. The returned envelopes shall be checked against the list of names of applicants and the unmarked envelopes containing the ballots shall be extracted. The unmarked ballot envelopes shall be opened and the absentee ballots shall be counted in the same manner as ballots cast at the election.
History:
L. 1970, ch. 284, § 9; L. 1980, ch. 220, § 7; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2227 Savings clause for existing agreements.

72-2227.
Savings clause for existing agreements.
Except as otherwise expressly provided herein, this act shall not operate so as to annul, modify or preclude the renewal or continuation of any lawful agreement heretofore entered into between a board of education and a professional employees' organization covering terms and conditions of professional service.
History:
L. 1970, ch. 284, § 10; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2229 Agreements may provide for arbitration of disputes; enforcement of arbitration agreements.

72-2229.
Agreements may provide for arbitration of disputes; enforcement of arbitration agreements.
(a) A board of education and a professional employees' organization who enter into an agreement covering terms and conditions of professional service may include in such agreement procedures for final and binding arbitration of such disputes as may arise involving the interpretation, application or violation of such agreement.
(b) Where a party to such agreement is aggrieved by the failure, neglect or refusal of the other party to proceed to arbitration in the manner provided for in such agreement, such aggrieved party may file a complaint in court for a summary action without jury seeking an order directing that the arbitration proceed in the manner provided for in such agreement.
History:
L. 1970, ch. 284, § 12; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2231 Impasse during negotiation; determination of existence; statutory declaration date, joint notice; negotiation during impasse resolution proceedings.

72-2231.
Impasse during negotiation; determination of existence; statutory declaration date, joint notice; negotiation during impasse resolution proceedings.
(a) If in the course of professional negotiation either the board of education or the recognized professional employees' organization, or both, believe that an impasse exists therein, either party individually or both parties together may file a petition with the secretary, asking the secretary to investigate and determine the question of whether an impasse exists in professional negotiation and, if a finding that an impasse exists is made, to begin impasse resolution procedures as provided in K.S.A. 72-2232 and 72-2233, and amendments thereto. Within the five days immediately following the date of filing, excluding Saturdays, Sundays and legal holidays, the secretary shall begin investigation of the question raised by the petition and in order to determine the question may meet with the parties or their representatives or both, either jointly or separately, and may hold such conferences, consultations and discussions therewith as the secretary deems necessary. If the secretary decides on the basis of the investigation that a hearing is necessary to determine the question, the secretary shall conduct the hearing immediately in accordance with the provisions of the Kansas administrative procedure act.
(b) If the secretary finds that no impasse exists in professional negotiation between the parties, the secretary shall order the parties to continue professional negotiation.
(c) If the secretary finds that an impasse exists in professional negotiation between the parties, the secretary shall begin impasse resolution procedures in accordance with K.S.A. 72-2232 and 72-2233, and amendments thereto.
(d) Notwithstanding the foregoing provisions of this section, an impasse is deemed to exist if the board of education and the recognized professional employees' organization have not reached agreement with respect to the terms and conditions of professional service by the statutory declaration of impasse date and, on such date, the parties shall jointly file a notice of the existence of impasse with the secretary. Upon receipt of such joint notice, the secretary shall begin impasse resolution procedures in accordance with K.S.A. 72-2232 and 72-2233, and amendments thereto.
(e) Nothing in this act, or in the act of which this section is amendatory, shall be construed or applied in any manner so as to prevent the parties from voluntarily engaging in professional negotiation during the course, or at the conclusion, of impasse resolution proceedings.
History:
L. 1977, ch. 248, § 7; L. 1979, ch. 226, § 2; L. 1980, ch. 220, § 9; L. 1988, ch. 356, § 278; July 1, 1989.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2234 Costs for mediation and fact-finding.

72-2234.
Costs for mediation and fact-finding.
All of the costs incurred for mediation under K.S.A. 72-2232 and for fact-finding under K.S.A. 72-2233, shall be borne equally by the board of education and the professional employees' organization involved therein. The payment of such costs shall be at such time and in such manner as is determined by the secretary.
History:
L. 1977, ch. 248, § 10; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2235 Prohibited practices; evidence of bad faith.

72-2235.
Prohibited practices; evidence of bad faith.
(a) The commission of any prohibited practice, as defined in this section, among other actions, shall constitute evidence of bad faith in professional negotiation.
(b) It shall be a prohibited practice for a board of education or its designated representative willfully to:
(1) Interfere with, restrain or coerce professional employees in the exercise of rights granted in K.S.A. 72-2219;
(2) dominate, interfere or assist in the formation, existence, or administration of any professional employees' organization;
(3) discriminate in regard to hiring or any term or condition of employment to encourage or discourage membership in any professional employees' organization;
(4) discharge or discriminate against any professional employee because such professional employee has filed any affidavit, petition or complaint or given any information or testimony under this act, or because such professional employee has formed, joined or chosen to be represented by any professional employees' organization;
(5) refuse to negotiate in good faith with representatives of recognized professional employees' organizations as required in K.S.A. 72-2228, and amendments thereto;
(6) deny the rights accompanying recognition of a professional employees' organization which are granted in K.S.A. 72-2220;
(7) refuse to participate in good faith in the mediation as provided in K.S.A. 72-2232 or fact-finding efforts as provided in K.S.A. 72-2233 or arbitration pursuant to an agreement entered into pursuant to K.S.A. 72-2229; or
(8) institute or attempt to institute a lockout.
(c) It shall be a prohibited practice for professional employees or professional employees' organizations or their designated representatives willfully to:
(1) Interfere with, restrain or coerce professional employees in the exercise of rights granted in K.S.A. 72-2219;
(2) interfere with, restrain or coerce a board of education with respect to rights or duties which are reserved thereto under K.S.A. 72-2228, and amendments thereto, or with respect to selecting a representative for the purpose of professional negotiation or the adjustment of grievances;
(3) refuse to negotiate in good faith with the board of education or its designated representatives as required in K.S.A. 72-2228, and amendments thereto;
(4) refuse to participate in good faith in the mediation as provided in K.S.A. 72-2232 or fact-finding efforts as provided in K.S.A. 72-2233 or arbitration pursuant to an agreement entered into pursuant to K.S.A. 72-2229; or
(5) authorize, instigate, aid or engage in a strike or in picketing of any facility under the jurisdiction and control of the board of education.
History: L. 1977, ch. 248, § 11; L. 1980, ch. 220, § 12; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2236 Prohibited practices, determination of existence; procedure; hearing.

72-2236.
Prohibited practices, determination of existence; procedure; hearing.
(a) Any controversy concerning prohibited practices may be submitted to the secretary. Proceedings against the party alleged to have committed a prohibited practice shall be commenced within six months of the date of the alleged practice by service upon it by the secretary of a written notice, together with a copy of the charges. The accused party shall have 20 days within which to serve a written answer to the charges, unless the secretary determines an emergency exists and requires the accused party to serve a written answer to the charges within 24 hours of receipt. Hearings on prohibited practices shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If the board determines an emergency exists, the board shall follow the procedures contained in K.S.A. 77-536, and amendments thereto. A strike or lockout shall be construed to be an emergency.
(b) The secretary shall either dismiss the complaint or determine that a prohibited practice has been or is being committed, and shall enter a final order granting or denying in whole or in part the relief sought. Any action of the secretary pursuant to this subsection is subject to review and enforcement in accordance with the Kansas judicial review act. Venue of the action for review is the judicial district where the principal offices of the pertinent board of education are located.
The action for review shall be by trial de novo with or without a jury in accordance with the provisions of K.S.A. 60-238, and amendments thereto, and the court may, in its discretion, permit any party or the secretary to submit additional evidence on any issue. The action for review shall be heard and determined by the court as expeditiously as possible.
(c) If there is an alleged violation of either subsection (b)(8) or (c)(5) of K.S.A. 72-2235, and amendments thereto, the aggrieved party or the secretary is authorized to seek relief in district court.
History:
L. 1980, ch. 220, § 13; L. 1986, ch. 318, § 130; L. 1988, ch. 356, § 279; L. 2010, ch. 17, § 178; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2237 Secretary of labor; rules and regulations; subpoena power.

72-2237.
Secretary of labor; rules and regulations; subpoena power.
(a) The secretary of labor may adopt such rules and regulations as are necessary to implement and administer the provisions of K.S.A. 72-2218 through 72-2239, and amendments thereto, which place specific duties and responsibilities upon the secretary.
(b) Any rules and regulations adopted by the secretary of labor prior to the effective date of this act to implement and administer the provisions of K.S.A. 72-2218 through 72-2239, and amendments thereto, shall remain in full force and effect until amended, modified, suspended, revoked or nullified pursuant to law.
(c) The secretary of labor has the power to issue subpoenas requiring the attendance of any witnesses and the production of any records, books, papers and documents that the secretary considers necessary to implement and administer the provisions of K.S.A. 72-2218 through 72-2239, and amendments thereto, which place specific duties and responsibilities upon the secretary. In the event of refusal to obey a subpoena on the part of any person or persons, the secretary shall have the authority to bring an action to enforce the subpoena in a court of competent jurisdiction.
History:
L. 1979, ch. 274, § 1; L. 1986, ch. 270, § 1; L. 2004, ch. 179, § 95; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2238 Unilateral contracts prohibited prior to completion of negotiation.

72-2238.
Unilateral contracts prohibited prior to completion of negotiation.
No board of education, which engages in professional negotiation with representatives of a recognized professional employees' organization, is permitted to issue a unilateral contract until the negotiations process as described in the Kansas professional negotiation law is fully completed.
History:
L. 1980, ch. 220, § 15; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2239 Savings clause for existing agreements; administrative employees exempted.

72-2239.
Savings clause for existing agreements; administrative employees exempted.
(a) Except as otherwise expressly provided in this act, nothing in this act shall operate so as to annul or modify any existing agreement between a board of education and a professional employees' organization under the law in effect on the day immediately preceding the effective date of this act.
(b) From and after the effective date of this act, no administrative employee, as defined in K.S.A. 72-2218, shall be subject to the provisions of this act or the act of which this act is amendatory.
History:
L. 1977, ch. 248, § 13; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2240 Equal access act.

72-2240. Equal access act.
(a) This section shall be known as the equal access act.
(b) A board of education shall not grant access to any professional employee or school employee's physical or electronic mailboxes to a professional employees' organization without giving equal access to any other professional employees' organization which requests such access.
(c) If a professional employees' organization is permitted to attend new professional employee, other professional employee or school employee orientation meetings in an effort to recruit new members, then any other professional employees' organization which requests permission to attend the meeting shall be granted such permission.
(d) A board of education shall not designate any day or break in the school calendar by naming or referring to the day or break in school calendar as the name of any professional employees' organization.
(e) As used in the equal access act, the term "school employee" includes administrative employees, persons who hold student teaching licenses, paraprofessional and any other person employed by a board of education.
(f) The equal access act shall be a part of and supplemental to the professional negotiations act, K.S.A. 72-2218 et seq., and amendments thereto.
History:
L. 2013, ch. 52, § 1; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2241 Deductions; authorization thereof; continuation of authorization; conditions; limitations.

72-2241.
Deductions; authorization thereof; continuation of authorization; conditions; limitations.
(a) The board of education of any school district or the board of trustees of any community college may provide by resolution for deductions for specified purposes from the compensation paid to its employees. Any such resolution shall provide for written authorization from each employee, in specific terms as to the amount, subject to the provisions of subsection (b), purpose and disposition of any amounts so deducted. Deductions for taxes and other amounts required by law to be deducted from employees' compensation shall not require written authorization of the employee.
(b) Written authorizations from employees for deductions from compensation for payments of professional association dues shall remain in effect until modified or revoked in writing by the professional association or the employee, or until the employee's contract of employment is terminated. So long as the written authorization from an employee for deductions for professional association dues remains in effect and upon written notice of an increase in the amount of such dues being given to the board of education or the board of trustees and to all affected employees, the amount specified to be deducted in such written authorization may be increased by an amount deemed necessary by a professional association for a school year. In no event shall the amount of deductions from compensation for payments of professional association dues be increased more than one time in each school year without specific written authorization from the employee for such increase.
History:
L. 1969, ch. 328, § 1; L. 1978, ch. 305, § 1; L. 1984, ch. 272, § 1; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2242 Same; disbursement of funds deducted.

72-2242.
Same; disbursement of funds deducted.
The board of education of any school district or the board of trustees of any community junior college is authorized to pay and disburse funds deducted as provided in K.S.A. 72-2241 so long as such disbursements are made in accordance with the resolution and employee authorizations providing for such deductions.
History:
L. 1969, ch. 328, § 2; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2243 Retirement accounts; contracts with community colleges or school boards; procedures; contributions by employer.

72-2243.
Retirement accounts; contracts with community colleges or school boards; procedures; contributions by employer.
(a) The board of education of any school district or the board of trustees of any community college shall contract with any of its employees, upon request, for reductions in compensation and the contribution thereof for tax sheltered accounts and annuities or deferred compensation plans as permitted under section 403(b) or section 457 of the United States internal revenue code, for the benefit of such employees. Any employee desiring to contract under the provisions of this section shall send written notice of such desire to such employee's employer within semiannual thirty-day periods in accordance with rules and regulations of such employer.
(b) The board of education of any school district and the board of trustees of any community college may contribute to a participant's 403(b) account or annuity or 457 plan contracted for under the provisions of subsection (a).
History:
L. 1969, ch. 330, § 1; L. 1974, ch. 318, § 1; L. 2002, ch. 116, § 1; May 23.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2244 Employment incentive or retention bonuses for teachers.

72-2244.
Employment incentive or retention bonuses for teachers.
(a) As used in this section:
(1) "Teacher" means teachers, supervisors, principals, superintendents and any other professional employees who are required to hold a teacher's or school administrator's certificate in any public school.
(2) "Board of education" means the board of education of any public school district.
(b) The board of education may pay employment incentive or retention bonuses to teachers.
History:
L. 2002, ch. 167, § 5; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2251 Notice of termination or nonrenewal of certain teacher contracts; change of terms.

72-2251. Notice of termination or nonrenewal of certain teacher contracts; change of terms.
(a) All contracts of employment of teachers, except contracts entered into under the provisions of K.S.A. 72-2217, and amendments thereto, shall be deemed to continue for the next succeeding school year unless written notice of termination or nonrenewal is served as provided in this subsection. Written notice to terminate a contract may be served by a board upon any teacher prior to the time the contract has been completed, and written notice of intention to nonrenew a contract shall be served by a board upon any teacher on or before the third Friday in May. A teacher shall give written notice to a board that the teacher does not desire continuation of a contract on or before the 14th calendar day following the third Friday in May or, if applicable, not later than 15 days after the issuance of a unilateral contract as authorized by K.S.A. 72-2238, and amendments thereto, whichever is the later date.
(b) Terms of a contract may be changed at any time by mutual consent of both a teacher and a board.
(c) As used in this section:
(1) "Board of education" or "board" means the board of education of any school district, the governing body of any technical college or the institute of technology at Washburn university, and the board of trustees of any community college.
(2) "Professional employee" means any person employed by a board of education in a position which requires a certificate issued by the state board of education or employed by a board of education in a professional, educational or instructional capacity.
(3) (A) "Teacher" means any professional employee who is required to hold a certificate to teach in any school district, and any teacher or instructor in any technical college, the institute of technology at Washburn university or any community college, including any professional employee who is a retirant from school employment of the Kansas public employees retirement system.
(B) The term "teacher" does not include any supervisors, principals or superintendents or any persons employed under the authority of K.S.A. 72-1134, and amendments thereto, or any persons employed in any administrative capacity by any technical college, the institute of technology at Washburn university or any community college.
History:
L. 1974, ch. 301, § 2; L. 1975, ch. 373, § 2; L. 1976, ch. 315, § 2; L. 1978, ch. 292, § 2; L. 1980, ch. 220, § 17; L. 1984, ch. 266, § 2; L. 1992, ch. 20, § 2; L. 1995, ch. 263, § 3; L. 2008, ch. 125, § 4; L. 2010, ch. 110, § 1; L. 2014, ch. 93, § 50; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2252 Due process hearing procedures for certain postsecondary teachers; definitions.

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.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2254 Same; commencement of hearing, when; procedural requirements.

72-2254. Same; commencement of hearing, when; procedural requirements.
The hearing provided for under K.S.A. 72-2253, and amendments thereto, shall commence within 45 calendar days after the hearing officer is selected unless the hearing officer grants an extension of time. The hearing shall afford procedural due process, including the following:
(a) The right of each party to have counsel of such party's own choice present and to receive the advice of such counsel or other person whom such party may select;
(b) the right of each party or such party's counsel to cross-examine any person who provides information for the consideration of the hearing officer, except those persons whose testimony is presented by affidavit;
(c) the right of each party to present such party's own witnesses in person, or their testimony by affidavit or deposition, except that testimony of a witness by affidavit may be presented only if such witness lives more than 100 miles from the location of the technical college, institute of technology at Washburn university or community college, or is absent from the state, or is unable to appear because of age, illness, infirmity or imprisonment. When testimony is presented by affidavit the same shall be served upon the board of control, the secretary of the board of trustees or the agent of the board and upon the teacher in person or by first-class mail to the address of the teacher which is on file with the board not less than 10 calendar days prior to presentation to the hearing officer;
(d) the right of the teacher to testify in the teacher's own behalf and give reasons for the teacher's conduct, and the right of the board to present its testimony through such persons as the board may call to testify in its behalf and to give reasons for its actions, rulings or policies;
(e) the right of the parties to have an orderly hearing; and
(f) the right of the teacher to a fair and impartial decision based on substantial evidence.
History:
L. 1974, ch. 301, § 4; L. 1975, ch. 373, § 4; L. 1976, ch. 315, § 4; L. 1991, ch. 224, § 2; L. 1992, ch. 185, § 3; L. 2014, ch. 93, § 52; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2255 Witnesses, fees and mileage; hearing officer, compensation and expenses; testimony, recording and transcription; attorney fees; costs.

72-2255.
Witnesses, fees and mileage; hearing officer, compensation and expenses; testimony, recording and transcription; attorney fees; costs.
(a) For appearing before the hearing officer at a hearing, witnesses who are subpoenaed shall receive $5 per day and mileage at the rate prescribed under K.S.A. 75-3203, and amendments thereto, for miles actually traveled in going to and returning from attendance at the hearing. The fees and mileage for the attendance of witnesses shall be paid by the party calling the witness, except that fees and mileage of witnesses subpoenaed by the hearing officer shall be paid by the board. Witnesses voluntarily appearing before the hearing officer shall not receive fees or mileage for attendance at the hearing.
(b) The hearing officer shall be paid compensation for time spent in actual attendance at the hearing and for time spent in performance of the hearing officer's official duties. In addition to compensation, the hearing officer shall be paid subsistence allowances, mileage, and other expenses as provided in K.S.A. 75-3223, and amendments thereto. The costs for the services of the hearing officer shall be paid by the board.
(c) Testimony at a hearing shall be recorded by a certified shorthand reporter. The cost for the certified shorthand reporter's services shall be paid by the board. The testimony shall be transcribed if the decision of the hearing officer is appealed to the district court, or if either party requests transcription. The appellant or the party making the request shall pay for the cost of transcription. If both parties jointly request that the testimony be transcribed at the hearing level, the parties shall each pay one-half of the cost of transcription.
(d) Each party shall be responsible for the payment of its own attorney fees.
(e) All costs of a hearing which are not specifically allocated in this section shall be paid by the board.
History:
L. 1974, ch. 301, § 5; L. 1975, ch. 373, § 5; L. 1976, ch. 315, § 5; L. 1986, ch. 271, § 2; L. 1992, ch. 185, § 1; L. 2003, ch. 52, § 2; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2256 Testimony by affidavit or deposition; interrogatories; time, extension.

72-2256.
Testimony by affidavit or deposition; interrogatories; time, extension.
When either party desires to present testimony by affidavit or by deposition, that party shall furnish to the hearing officer the date on which the testimony shall be taken. A copy of the affidavit or the deposition shall be furnished to the opposing party within 10 days following the taking of any such testimony, and no such testimony shall be presented at a hearing until the opposite party has had at least 10 days prior to the date upon which the testimony is to be presented to the hearing officer to rebut such testimony by affidavit or deposition or to submit interrogatories to the affiant or deponent to be answered under oath. Such 10 day period, for good cause shown, may be extended by the hearing officer.
History:
L. 1974, ch. 301, § 6; L. 1992, ch. 185, § 4; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2257 Powers of hearing officer; rules of evidence not binding; burden of proof; admissibility of evidence.

72-2257.
Powers of hearing officer; rules of evidence not binding; burden of proof; admissibility of evidence.
The hearing officer may:
(a) Administer oaths;
(b) issue subpoenas for the attendance and testimony of witnesses and the production of books, papers and documents relating to any matter under investigation;
(c) authorize depositions to be taken;
(d) receive evidence and limit lines of questioning and testimony which are repetitive, cumulative or irrelevant;
(e) call and examine witnesses and introduce into the record documentary and other evidence;
(f) regulate the course of the hearing and dispose of procedural requests, motions and similar matters; and
(g) take any other action necessary to make the hearing accord with administrative due process.
Hearings under this section shall not be bound by rules of evidence whether statutory, common law or adopted by the rules of court, except that, the burden of proof shall initially rest upon the board in all instances other than when the allegation is that the teacher's contract has been terminated or nonrenewed by reason of the teacher having exercised a constitutional right. All relevant evidence shall be admissible, except that the hearing officer, in the hearing officer's discretion, may exclude any evidence if the hearing officer believes that the probative value of such evidence is substantially outweighed by the fact that its admission will necessitate undue consumption of time.
History:
L. 1974, ch. 301, § 7; L. 1975, ch. 373, § 6; L. 1992, ch. 185, § 5; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2258 Opinion of hearing officer; findings of fact and determination of issues; decision final; appeal to district court.

72-2258.
Opinion of hearing officer; findings of fact and determination of issues; decision final; appeal to district court.
(a) Unless otherwise agreed to by both the board and the teacher, the hearing officer shall render a written opinion not later than 30 days after the close of the hearing, setting forth the hearing officer's findings of fact and determination of the issues. The decision of the hearing officer shall be submitted to the teacher and to the board.
(b) The decision of the hearing officer shall be final, subject to appeal to the district court by either party as provided in K.S.A. 60-2101, and amendments thereto.
History:
L. 1974, ch. 301, § 8; L. 1975, ch. 373, § 7; L. 1976, ch. 315, § 6; L. 1984, ch. 267, § 2; L. 1991, ch. 224, § 3; L. 1992, ch. 185, § 6; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2259 Contractual rights; limitation on creation; not impaired.

72-2259.
Contractual rights; limitation on creation; not impaired.
Nothing in this act shall be construed to create any right, or to authorize the creation of any right, which is not subject to amendment or nullification by act of the legislature. Nothing in this act and no amendment or repeal of this act or any part thereof shall be construed to constitute an impairment of any existing contractual right.
History:
L. 1974, ch. 301, § 9; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2260 Same; application of act; years of employment requirements, waiver.

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.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2261 Severability.

72-2261.
Severability.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of the act without such invalid or unconstitutional clause, paragraph, subsection or section.
History:
L. 1992, ch. 185, § 9; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 22 - School District Employment Contracts › 72-2262 Abridgment of constitutional right; procedure for determination.

72-2262. Abridgment of constitutional right; procedure for determination.
In the event any teacher alleges that the teacher's contract has been nonrenewed by reason of the teacher having exercised a constitutional right, the following procedure shall be implemented:
(a) The teacher alleging an abridgment by the board of a constitutionally protected right shall notify the board of the allegation within 15 days after receiving the notice of intent to not renew or terminate the teacher's contract. Such notice shall specify the nature of the activity protected, and the times, dates and places of such activity;
(b) the hearing officer provided for by K.S.A. 72-2253, and amendments thereto, shall thereupon be selected and shall decide if there is substantial evidence to support the teacher's claim that the teacher's exercise of a constitutionally protected right was the reason for the nonrenewal;
(c) if the hearing officer determines that there is no substantial evidence to substantiate the teacher's claim of a violation of a constitutionally protected right, the board's decision to not renew the contract shall stand;
(d) if the hearing officer determines that there is substantial evidence to support the teacher's claim, the board shall be required to submit to the hearing officer any reasons which may have been involved in the nonrenewal;
(e) if the board presents any substantial evidence to support its reasons, the board's decision not to renew the contract shall be upheld.
History:
L. 1976, ch. 315, § 8; L. 1992, ch. 185, § 8; L. 2014, ch. 93, § 54; July 1.