As Amended by House Commettee
         

          Session of 1997
                   
HOUSE BILL No. 2147
         
By Committee on Education
         
1-30
          10             AN ACT concerning teachers and administrators of school districts, area
11             vocational-technical schools and community colleges; relating to con-
12             tract nonrenewal or termination notification dates; amending K.S.A.
13             1996 1997 Supp. 72-5411, 72-5437 and 72-5452 and repealing the
14             existing sections.
15            
16       Be it enacted by the Legislature of the State of Kansas:
17           Section 1. K.S.A. 1996 1997 Supp. 72-5411 is hereby amended to
18       read as follows: 72-5411. (a) All contracts of employment of teachers in
19       the public schools in the state shall continue in full force and effect during
20       good behavior and efficient and competent service rendered by the
21       teacher, and all contracts of employment shall be deemed to continue for
22       the next succeeding school year unless written notice of intention to ter-
23       minate a contract of employment is served by a board of education upon
24       any a teacher on or before May 1, unless the teacher has used family and
25       medical leave benefits as provided by Public Law 103-03, as amended, at
26       any time in the portion of the calendar year prior to that includes May
27       1, in which case, written notice of intention to terminate the contract of
28       employment shall be served by the board of education upon the teacher
29       on or before the following August 1 not later than 90 days after com-
30       mencement of the teacher's use of family and medical leave ben-
31       efits. Written notice of intention to terminate a contract may not
32       be served by a board upon a teacher during any period of time in
33       which the teacher is using family and medical leave benefits. A
34       teacher shall give written notice to the board of education of a school
35       district that the teacher does not desire continuation of a contract of
36       employment on or before May 15 or, if applicable, not later than 15 days
37       after final action is taken by the board of education upon termination of
38       professional negotiation absent a binding agreement under article 54 of
39       chapter 72 of Kansas Statutes Annotated, whichever is the later date.
40           (b) Terms of a contract may be changed at any time by mutual con-
41       sent of both a teacher and the board of education of a school district.
42           Sec. 2. K.S.A. 1996 1997 Supp. 72-5437 is hereby amended to read
43       as follows: 72-5437. (a) All contracts of employment of teachers, as de-

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  1       fined in K.S.A. 72-5436, and amendments thereto, except contracts en-
  2       tered into under the provisions of K.S.A. 72-5412a, and amendments
  3       thereto, shall be deemed to continue for the next succeeding school year
  4       unless written notice of termination or nonrenewal is served as provided
  5       in this subsection. Written notice to terminate a contract may be served
  6       by a board upon any teacher prior to the time the contract has been
  7       completed, and except that written notice to terminate a contract may
  8       not be served by a board upon a teacher during any period of time in
  9       which the teacher is using family and medical leave benefits as provided
10       by Public Law 103-03, as amended. Written notice of intention to non-
11       renew a contract shall be served by a board upon any teacher on or before
12       May 1, unless a teacher has used family and medical leave benefits as
13       provided by Public Law 103-03, as amended, at any time in the portion
14       of the calendar year prior to that includes May 1, in which case, written
15       notice of intention to nonrenew a contract shall be served by a board upon
16       the teacher on or before the following August 1 not later than 90 days
17       after commencement of the teacher's use of family and medical
18       leave benefits. A teacher shall give written notice to a board that the
19       teacher does not desire continuation of a contract on or before May 15
20       or, if applicable, not later than 15 days after final action is taken by the
21       board upon termination of professional negotiation absent a binding
22       agreement under article 54 of chapter 72 of Kansas Statutes Annotated,
23       whichever is the later date.
24           (b) Terms of a contract may be changed at any time by mutual con-
25       sent of both a teacher and a board.
26           Sec. 3. K.S.A. 1996 1997 Supp. 72-5452 is hereby amended to read
27       as follows: 72-5452. (a) Written notice of a board's intention to not renew
28       the contract of employment of an administrator shall be given to the
29       administrator on or before May 1 of the year in which the term of the
30       administrator's contract expires. If the administrator has used family and
31       medical leave benefits as provided by Public Law 103-03, as amended, at
32       any time in the portion of the calendar year prior to that includes May
33       1, the written notice of the board's intention to not renew the contract of
34       employment of the administrator shall be given to the administrator on
35       or before the following August 1 not later than 90 days after com-
36       mencement of the administrator's use of family and medical leave
37       benefits. Written notice of intention to not renew a contract of
38       employment may not be served by a board upon an administrator
39       during any period of time in which the administrator is using fam-
40       ily and medical leave benefits. An administrator shall give written no-
41       tice to a board on or before May 15 of the administrator's rejection of
42       renewal of a contract of employment.
43           (b) Terms of a contract may be changed at any time by mutual con-

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  1       sent of both an administrator and a board.
  2           Sec. 4. K.S.A. 1996 1997 Supp. 72-5411, 72-5437 and 72-5452 are
  3       hereby repealed.
  4           Sec. 5. This act shall take effect and be in force from and after its
  5       publication in the Kansas register.
  6      
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