Repealed

72-5411. History: L. 1951, ch. 413, § 2; L. 1970, ch. 284, § 13; L. 1978, ch. 292, § 1; L. 1980, ch. 220, § 16; L. 1984, ch. 266, § 1; L. 1992, ch. 20, § 1; L. 1995, ch. 263, § 2; Repealed, L. 2008, ch. 125, § 5; May 1. Cross References to Related Sections: Health certificates, see 72-5213. Continuation of contracts, due process procedures, see 72-5436 et seq. Compensation in monthly installments, exception, see 74-4940. Law Review and Bar Journal References: "Some Thoughts on Labor Unions and Public Employees in Kansas," Richard R. Rock, 39 J.B.A.K. 119, 203 (1970). Comment concerning nontenured teachers and due process, Jonathan P. Small, 11 W.L.J. 291, 293 (1972). Court's decision discussed in "Teachers and the School Board—Negotiations in Kansas," Janet Chubb and David Gray, 15 W.L.J. 457, 460 (1976). "Constitutional Law: Federal Rights and State Immunity—An Unresolved Conflict," Alice M. Fitzgerald, 17 W.L.J. 194, 197 (1977). Attorney General's Opinions: Due process procedure; notice to discontinue contract; negotiability of date. 86-44. Early retirement incentive programs; incentive payments exceeding one year. 89-18. 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. School consolidated after valid contract with teacher; teacher may recover wages. Shirley v. School Board of School District No. 58, 183 Kan.748, 750, 332 P.2d 267. 3. Cited in holding action by teacher for damages for wrongful termination would lie under the Civil Rights Act. Endicott v. Van Petten, 330 F. Supp. 878, 880. 4. Letter fairly and reasonably expressing school board's intention to terminate teacher's contract held sufficient. Krahl v. Unified School District, 212 Kan.146, 149, 152, 509 P.2d 1146. 5. March 15 date does not require or authorize negotiations to cease on that date. National Education Association v. Board of Education, 212 Kan.741, 744, 753, 512 P.2d 426. 6. 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. 7. School board in hearing run of complaints acting in the public service (dissenting opinion). Schulze v. Board of Education, 221 Kan.351, 357, 559 P.2d 367. 8. Referred to; school board not immune from liability to teachers for failure to afford rights under 14th amendment to pretermination hearing. Unified School District No. 480 v. Epperson, 551 F.2d 254, 256, 260. 9. Teacher contract extended by continuing contract law terminated by mutual consent. Brinson v. School District, 223 Kan.465, 473, 475, 476, 602 P.2d 576. 10. Construed; school teacher held to have property right in current and future continuing contracts; reinstatement and damages awarded. Bogart v. Unified Sch. Dist. No. 298 of Lincoln Cty., 432 F. Supp. 895, 902, 903. 11. Act construed and applied; judge directed to order commencement of impasse resolution procedures. Garden City Educators' Ass'n v. Vance, 224 Kan.732, 738, 585 P.2d 1057. 12. Not superseded by due process act; teachers' employment contracts include individual contracts and negotiated agreement. Riley County Education Ass'n v. U.S.D. No. 378, 225 Kan.385, 388, 592 P.2d 87. 13. Held as not inconsistent with collective negotiation law of teachers' due process act; teachers may proceed hereunder or accept unilateral contract upon failure of negotiation. NEA-Wichita v. Board of Education of U.S.D. No. 259, 225 Kan.395, 397, 398, 399, 592 P.2d 80. 14. Teachers' contracts of employment include both individual contracts and negotiable agreements. NEA-Topeka, Inc. v. U.S.D. No. 501, 225 Kan.445, 451, 592 P.2d 93. 15. Section cited; procedure for nonrenewal of contracts not mandatorily negotiable. Chee-Craw Teachers Association v. U.S.D. No. 247, 225 Kan.561, 569, 593 P.2d 406. 16. Teachers continuing employment hereunder not entitled to pay increases under expired negotiated agreement. NEA-Goodland v. U.S.D. No. 352, 225 Kan.596, 597, 592 P.2d 907. 17. Appeal from trial court's finding of occurrence of prohibited practices during negotiations dismissed; moot. NEA-Topeka, Inc. v. U.S.D. No. 501, 227 Kan.529, 531, 608 P.2d 920. 18. 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, 153, 154, 627 P.2d 335. 19. Plaintiff was regularly employed person during period of vacation and entitled to PIP disability benefits for that period. Armacost v. State Farm Mut. Auto. Ins. Co., 231 Kan.276, 279, 644 P.2d 403 (1982). 20. 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). 21. 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). 22. Cited; rights of tenured versus nontenured administrators examined. Burk v. Unified School Dist. No. 329, Wabaunsee Cty., 646 F. Supp. 1557, 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, 370, 744 P.2d 865 (1987). 24. Teacher's certification status prior to April 10 as controlling absent specific agreement otherwise reiterated. Butler v. U.S.D. No. 440, 244 Kan.458, 467, 769 P.2d 651 (1989). 25. Layoff of teacher whose position had been eliminated held not a termination or nonrenewal; due process rights; collective bargaining agreement controlled. Thompson v. U.S.D. No. 259, 16 Kan. App. 2d 42, 819 P.2d 1236 (1991). 26. 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). 27. Modification of teacher's individual contract through collective bargaining does not trigger due process protections. Baldwin v. U.S.D. No. 418, 23 Kan. App. 2d 280, 285, 930 P.2d 18 (1996). 28. Termination of tenured teacher after May 1 may not be accomplished by terming reduction in force as "good cause" when no misconduct on part of teacher exists. In re Due Process Hearing of McReynolds, 273 Kan.514, 44 P.3d 391 (2002). 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