[As Further Amended by Senate Committee of the
Whole]
Session of 1999
SENATE BILL No. 328
By Committee on Ways and Means
2-18
10 AN ACT
concerning school districts; authorizing adoption of career
11 teacher salary plans;
amending K.S.A. 72-5410, 72-5413,
[and] 72-
12 5436 and
72-9002 and K.S.A. 1998
[1999] Supp. 72-6407
and[,] 72-
13 6409 and
[72-9002 and] repealing the existing sections.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 New Section
1. As used in this act:
17 (a) ``Career
teacher salary plan'' means a salary plan which is adopted
18 by a board for career teachers employed by
the school district, is supple-
19 mental to the district's regular salary
plan and under which the board
20 provides for the payment of agreed upon
amounts of supplemental com-
21 pensation to teachers who have agreed to
become career teachers and to
22 participate in the plan.
23 (b) ``Career
teacher'' means any teacher who is employed by a school
24 district, has successfully completed the
years of employment require-
25 ments of subsection (a) of K.S.A. 72-5445,
and amendments thereto, and
26 has agreed with the board of the district
to participate in a career teacher
27 salary plan.
28 (c) ``Teacher''
means classroom teachers including, in addition to
29 regular kindergarten through grade 12
classroom teachers, special edu-
30 cation teachers, practical arts/vocational
education teachers, prekinder-
31 garten teachers and reading
specialists.
32 New Sec.
2. (a) The board of every school district may develop,
33 adopt and maintain a career teacher salary
plan and may apply for as-
34 signment of career teacher weighting under
the school district finance
35 and quality performance act for the purpose
of financing the amount
36 budgeted for maintenance of the salary
plan. In order to be eligible for
37 assignment of career teacher weighting, a
board shall submit to the com-
38 missioner of education an application for
career teacher weighting and a
39 description of the career teacher salary
plan of the school district. The
40 application and description shall be
prepared in such form and manner
41 as the commissioner of education shall
require and shall be submitted at
42 a time to be determined and specified by
the commissioner. Approval by
43 the commissioner of the salary plan and the
application is prerequisite to
2
1 assignment of career teacher
weighting to enrollment of the district.
2
(b) Participation by teachers in a career teacher salary plan
is vol-
3 untary and must be agreed to by the
board and any teacher who partic-
4 ipates in the plan. [No board
or administrator shall impose any sanc-
5 tion on any teacher because the
teacher declines to participate in a
6 career teacher salary
plan.] The board may enter into a contract of
7 employment with a career teacher for
a term of not more than three
8 years.
9 (c) Written
notice of a board's intention to not renew the contract
10 of employment of a career teacher shall be
given to the teacher on or
11 before May 1 of the year in which the term
of the teacher's contract
12 expires. A career teacher shall give
written notice to a board on or before
13 May 15 of the teacher's rejection of
renewal of a contract of employment
14 as a career teacher. Terms of a contract
may be changed at any time by
15 mutual consent of both a career teacher and
a board.
16 (d) Whenever a
career teacher is given written notice of a board's
17 intention to not renew the contract of the
teacher as a career teacher, the
18 teacher may request a meeting with the
board by filing a written request
19 therefor with the clerk of the board within
10 days from the date of receipt
20 of the written statement of nonrenewal of a
contract. The board shall hold
21 such meeting within 10 days after the
filing of the career teacher's re-
22 quest. The meeting provided for under this
section shall be held in ex-
23 ecutive session and, at such meeting, the
board shall specify the reason
24 or reasons for the board's intention to not
renew the career teacher's
25 contract. The career teacher shall be
afforded an opportunity to respond
26 to the board. Neither party shall have the
right to have counsel present.
27 Within 10 days after the meeting, the board
shall reconsider its reason or
28 reasons for nonrenewal and shall make a
final decision as to the matter.
29 (e) Participation
by a teacher in a career teacher salary plan shall
30 operate as a waiver of rights which may
have vested in the teacher under
31 the provisions of K.S.A. 72-5438 through
72-5443, and amendments
32 thereto.
33 New Sec.
3. The commissioner of education shall:
34 (a) Establish
guidelines and criteria for the components of a career
35 teacher salary plan, including measures for
evaluating the performance
36 of teachers participating in the plan,
incitation of teachers to utilize cre-
37 ative and innovative instructional
techniques and methods, impact of the
38 plan on pupil learning, and effect of the
plan on teacher morale;
39 (b) establish
standards and criteria for reviewing, evaluating and ap-
40 proving career teacher salary plans and
applications of school districts for
41 assignment of career teacher weighting;
42 (c) provide any
board, upon its request, with technical advice and
43 assistance regarding the development and
maintenance of a career
3
1 teacher salary plan; and
2 (d) be
responsible for approving career teacher salary plans and ap-
3 plications of school districts for
assignment of career teaching weighting
4 to enrollment.
5
Sec. 4. K.S.A. 1998 Supp. 72-6407 is hereby
amended to read as
6 follows: 72-6407. (a)
``Pupil'' means any person who is regularly enrolled
7 in a district and attending
kindergarten or any of the grades one through
8 12 maintained by the district
or who is regularly enrolled in a district and
9 attending kindergarten or any
of the grades one through 12 in another
10 district in accordance with an
agreement entered into under authority of
11 K.S.A. 72-8233, and amendments
thereto, or who is regularly enrolled in
12 a district and attending special
education services provided for preschool-
13 aged exceptional children by the
district. Except as otherwise provided
14 in this subsection, a pupil in
attendance full time shall be counted as one
15 pupil. A pupil in attendance part
time shall be counted as that proportion
16 of one pupil (to the nearest 1/10)
that the pupil's attendance bears to full-
17 time attendance. A pupil attending
kindergarten shall be counted as 1/2
18 pupil. A pupil enrolled in and
attending an institution of postsecondary
19 education which is authorized under
the laws of this state to award aca-
20 demic degrees shall be counted as
one pupil if the pupil's postsecondary
21 education enrollment and attendance
together with the pupil's attend-
22 ance in either of the grades 11 or
12 is at least 5/6 time, otherwise the
23 pupil shall be counted as that
proportion of one pupil (to the nearest 1/10)
24 that the total time of the pupil's
postsecondary education attendance and
25 attendance in grade 11 or 12, as
applicable, bears to full-time attendance.
26 A pupil enrolled in and attending
an area vocational school, area voca-
27 tional-technical school or approved
vocational education program shall be
28 counted as one pupil if the pupil's
vocational education enrollment and
29 attendance together with the
pupil's attendance in any of grades nine
30 through 12 is at least 5/6 time,
otherwise the pupil shall be counted as that
31 proportion of one pupil (to the
nearest 1/10) that the total time of the
32 pupil's vocational education
attendance and attendance in any of grades
33 nine through 12 bears to full-time
attendance. A pupil enrolled in a dis-
34 trict and attending special
education services, except special education
35 services for preschool-aged
exceptional children, provided for by the dis-
36 trict shall be counted as one
pupil. A pupil enrolled in a district and
37 attending special education
services for preschool-aged exceptional chil-
38 dren provided for by the district
shall be counted as 1/2 pupil. A preschool-
39 aged at-risk pupil enrolled in a
district and receiving services under an
40 approved at-risk pupil assistance
plan maintained by the district shall be
41 counted as 1/2 pupil. A pupil in
the custody of the secretary of social and
42 rehabilitation services and
enrolled in unified school district No. 259,
43 Sedgwick county, Kansas, but
housed, maintained, and receiving educa-
4
1 tional services at the Judge
James V. Riddel Boys Ranch, shall be counted
2 as two pupils. A pupil
residing at the Flint Hills job corps center shall not
3 be counted. A pupil confined
in and receiving educational services pro-
4 vided for by a district at a
juvenile detention facility shall not be counted.
5 A pupil enrolled in a
district but housed, maintained, and receiving ed-
6 ucational services at a state
institution shall not be counted.
7
(b) ``Preschool-aged exceptional children'' means exceptional
chil-
8 dren, except gifted children,
who have attained the age of three years but
9 are under the age of
eligibility for attendance at kindergarten.
10
(c) ``At-risk pupils'' means pupils who are eligible for free
meals un-
11 der the national school lunch act
and who are enrolled in a district which
12 maintains an approved at-risk pupil
assistance plan.
13
(d) ``Preschool-aged at-risk pupil'' means an at-risk pupil
who has
14 attained the age of four years, is
under the age of eligibility for attendance
15 at kindergarten, and has been
selected by the state board in accordance
16 with guidelines consonant with
guidelines governing the selection of pu-
17 pils for participation in head
start programs. The state board shall select
18 not more than 1,350 preschool-aged
at-risk pupils to be counted in any
19 school year.
20
(e) ``Enrollment'' means, for districts scheduling the school
days or
21 school hours of the school term on
a trimestral or quarterly basis, the
22 number of pupils regularly enrolled
in the district on September 20 plus
23 the number of pupils regularly
enrolled in the district on February 20
24 less the number of pupils regularly
enrolled on February 20 who were
25 counted in the enrollment of the
district on September 20; and for dis-
26 tricts not hereinbefore specified,
the number of pupils regularly enrolled
27 in the district on September 20.
Notwithstanding the foregoing, if en-
28 rollment in a district in any
school year has decreased from enrollment
29 in the preceding school year,
enrollment of the district in the current
30 school year may be computed on the
basis of enrollment in the preceding
31 school year.
32
(f) ``Adjusted enrollment'' means enrollment adjusted by
adding at-
33 risk pupil weighting, program
weighting, low enrollment weighting, if any,
34 correlation weighting, if any,
school facilities weighting, if any, ancillary
35 school facilities weighting, if
any, and transportation weighting to
36 enrollment.
37
(g) ``At-risk pupil weighting'' means an addend component
assigned
38 to enrollment of districts on the
basis of enrollment of at-risk pupils.
39
(h) ``Program weighting'' means an addend component assigned
to
40 enrollment of districts on the
basis of pupil attendance in educational
41 programs which differ in cost from
regular educational programs.
42 (i) ``Low
enrollment weighting'' means an addend component as-
43 signed to enrollment of districts
having under 1,750 enrollment on the
5
1 basis of costs attributable
to maintenance of educational programs by such
2 districts in comparison with
costs attributable to maintenance of educa-
3 tional programs by districts
having 1,750 or over enrollment.
4
(j) ``School facilities weighting'' means an addend component
as-
5 signed to enrollment of
districts on the basis of costs attributable to com-
6 mencing operation of new
school facilities. School facilities weighting may
7 be assigned to enrollment of
a district only if the district has adopted a
8 local option budget and
budgeted therein the total amount authorized for
9 the school year. School
facilities weighting may be assigned to enrollment
10 of the district only in the school
year in which operation of a new school
11 facility is commenced and in the
next succeeding school year.
12
(k) ``Transportation weighting'' means an addend component
as-
13 signed to enrollment of districts
on the basis of costs attributable to the
14 provision or furnishing of
transportation.
15
(l) ``Correlation weighting'' means an addend component
assigned to
16 enrollment of districts having
1,750 or over enrollment on the basis of
17 costs attributable to maintenance
of educational programs by such dis-
18 tricts as a correlate to low
enrollment weighting assigned to enrollment
19 of districts having under 1,750
enrollment.
20
(m) ``Ancillary school facilities weighting'' means an addend
compo-
21 nent assigned to enrollment of
districts to which the provisions of K.S.A.
22 1998 Supp. 72-6441, and amendments
thereto, apply on the basis of costs
23 attributable to commencing
operation of new school facilities. Ancillary
24 school facilities weighting may be
assigned to enrollment of a district only
25 if the district has levied a tax
under authority of K.S.A. 1998 Supp. 72-
26 6441, and amendments thereto, and
remitted the proceeds from such tax
27 to the state treasurer. Ancillary
school facilities weighting is in addition
28 to assignment of school facilities
weighting to enrollment of any district
29 eligible for such
weighting.
30
(n) ``Career teacher weighting'' means an addend
component assigned
31 to enrollment of districts in
which an approved career teacher salary plan
32 is being maintained on the basis
of costs attributable to maintenance of
33 the plan.
34 [Sec. 4. K.S.A. 1999
Supp. 72-6407 is hereby amended to read
35 as follows: 72-6407. (a) ``Pupil''
means any person who is regularly
36 enrolled in a district and attending
kindergarten or any of the
37 grades one through 12 maintained by
the district or who is regularly
38 enrolled in a district and attending
kindergarten or any of the
39 grades one through 12 in another
district in accordance with an
40 agreement entered into under
authority of K.S.A. 72-8233, and
41 amendments thereto, or who is
regularly enrolled in a district and
42 attending special education services
provided for preschool-aged
43 exceptional children by the district.
Except as otherwise provided
6
1 in this subsection, a pupil in
attendance full time shall be counted
2 as one pupil. A pupil in
attendance part time shall be counted as
3 that proportion of one pupil
(to the nearest 1/10) that the pupil's
4 attendance bears to full-time
attendance. A pupil attending kinder-
5 garten shall be counted as 1/2
pupil. A pupil enrolled in and attend-
6 ing an institution of
postsecondary education which is authorized
7 under the laws of this state to
award academic degrees shall be
8 counted as one pupil if the
pupil's postsecondary education enroll-
9 ment and attendance together
with the pupil's attendance in either
10 of the grades 11 or 12 is at least
5/6 time, otherwise the pupil shall
11 be counted as that proportion of one
pupil (to the nearest 1/10) that
12 the total time of the pupil's
postsecondary education attendance and
13 attendance in grade 11 or 12, as
applicable, bears to full-time at-
14 tendance. A pupil enrolled in and
attending an area vocational
15 school, area vocational-technical
school or approved vocational ed-
16 ucation program shall be counted as
one pupil if the pupil's voca-
17 tional education enrollment and
attendance together with the pu-
18 pil's attendance in any of grades
nine through 12 is at least 5/6 time,
19 otherwise the pupil shall be counted
as that proportion of one pupil
20 (to the nearest 1/10) that the total
time of the pupil's vocational ed-
21 ucation attendance and attendance in
any of grades nine through
22 12 bears to full-time attendance. A
pupil enrolled in a district and
23 attending special education services,
except special education serv-
24 ices for preschool-aged exceptional
children, provided for by the
25 district shall be counted as one
pupil. A pupil enrolled in a district
26 and attending special education
services for preschool-aged excep-
27 tional children provided for by the
district shall be counted as 1/2
28 pupil. A preschool-aged at-risk pupil
enrolled in a district and re-
29 ceiving services under an approved
at-risk pupil assistance plan
30 maintained by the district shall be
counted as 1/2 pupil. A pupil in
31 the custody of the secretary of
social and rehabilitation services and
32 enrolled in unified school district
No. 259, Sedgwick county, Kan-
33 sas, but housed, maintained, and
receiving educational services at
34 the Judge James V. Riddel Boys Ranch,
shall be counted as two
35 pupils. A pupil residing at the Flint
Hills job corps center shall not
36 be counted. A pupil confined in and
receiving educational services
37 provided for by a district at a
juvenile detention facility shall not
38 be counted. A pupil enrolled in a
district but housed, maintained,
39 and receiving educational services at
a state institution shall not be
40 counted.
41
[(b) ``Preschool-aged exceptional children'' means
exceptional
42 children, except gifted children, who
have attained the age of three
43 years but are under the age of
eligibility for attendance at
7
1 kindergarten.
2
[(c) ``At-risk pupils'' means pupils who are eligible for
free
3 meals under the national school
lunch act and who are enrolled in
4 a district which maintains an
approved at-risk pupil assistance plan.
5
[(d) ``Preschool-aged at-risk pupil'' means an at-risk pupil
who
6 has attained the age of four
years, is under the age of eligibility for
7 attendance at kindergarten, and
has been selected by the state
8 board in accordance with
guidelines consonant with guidelines gov-
9 erning the selection of pupils
for participation in head start pro-
10 grams. The state board shall select
not more than 1,794 preschool-
11 aged at-risk pupils to be counted in
any school year.
12
[(e) ``Enrollment'' means, for districts scheduling the
school
13 days or school hours of the school
term on a trimestral or quarterly
14 basis, the number of pupils regularly
enrolled in the district on
15 September 20 plus the number of
pupils regularly enrolled in the
16 district on February 20 less the
number of pupils regularly enrolled
17 on February 20 who were counted in
the enrollment of the district
18 on September 20; and for districts
not hereinbefore specified, the
19 number of pupils regularly enrolled
in the district on September 20.
20 Notwithstanding the foregoing, if
enrollment in a district in any
21 school year has decreased from
enrollment in the preceding school
22 year, enrollment of the district in
the current school year means
23 whichever is the greater of (1)
enrollment in the preceding school
24 year minus enrollment in such school
year of preschool-aged at-risk
25 pupils, if any such pupils were
enrolled, plus enrollment in the cur-
26 rent school year of preschool-aged
at-risk pupils, if any such pupils
27 are enrolled, or (2) the sum of
enrollment in the current school year
28 of preschool-aged at-risk pupils, if
any such pupils are enrolled and
29 the average (mean) of the sum of (A)
enrollment of the district in
30 the current school year minus
enrollment in such school year of
31 preschool-aged at-risk pupils, if any
such pupils are enrolled and
32 (B) enrollment in the preceding
school year minus enrollment in
33 such school year of preschool-aged
at-risk pupils, if any such pupils
34 were enrolled and (C) enrollment in
the school year next preceding
35 the preceding school year minus
enrollment in such school year of
36 preschool-aged at-risk pupils, if any
such pupils were enrolled.
37
[(f) ``Adjusted enrollment'' means enrollment adjusted by
add-
38 ing at-risk pupil weighting, program
weighting, low enrollment
39 weighting, if any, correlation
weighting, if any, school facilities
40 weighting, if any, ancillary school
facilities weighting, if any, and
41 transportation weighting to
enrollment.
42
[(g) ``At-risk pupil weighting'' means an addend component
as-
43 signed to enrollment of districts on
the basis of enrollment of at-risk
8
1 pupils.
2
[(h) ``Program weighting'' means an addend component
as-
3 signed to enrollment of
districts on the basis of pupil attendance in
4 educational programs which
differ in cost from regular educational
5 programs.
6
[(i) ``Low enrollment weighting'' means an addend
component
7 assigned to enrollment of
districts having under 1,725 enrollment
8 on the basis of costs
attributable to maintenance of educational
9 programs by such districts in
comparison with costs attributable to
10 maintenance of educational programs
by districts having 1,725 or
11 over enrollment.
12
[(j) ``School facilities weighting'' means an addend
component
13 assigned to enrollment of districts
on the basis of costs attributable
14 to commencing operation of new school
facilities. School facilities
15 weighting may be assigned to
enrollment of a district only if the
16 district has adopted a local option
budget and budgeted therein the
17 total amount authorized for the
school year. School facilities
18 weighting may be assigned to
enrollment of the district only in the
19 school year in which operation of a
new school facility is com-
20 menced and in the next succeeding
school year.
21
[(k) ``Transportation weighting'' means an addend
component
22 assigned to enrollment of districts
on the basis of costs attributable
23 to the provision or furnishing of
transportation.
24
[(l) ``Correlation weighting'' means an addend component
as-
25 signed to enrollment of districts
having 1,725 or over enrollment on
26 the basis of costs attributable to
maintenance of educational pro-
27 grams by such districts as a
correlate to low enrollment weighting
28 assigned to enrollment of districts
having under 1,725 enrollment.
29
[(m) ``Ancillary school facilities weighting'' means an
addend
30 component assigned to enrollment of
districts to which the provi-
31 sions of K.S.A. 1999 Supp. 72-6441,
and amendments thereto, apply
32 on the basis of costs attributable to
commencing operation of new
33 school facilities. Ancillary school
facilities weighting may be as-
34 signed to enrollment of a district
only if the district has levied a tax
35 under authority of K.S.A. 1999 Supp.
72-6441, and amendments
36 thereto, and remitted the proceeds
from such tax to the state trea-
37 surer. Ancillary school facilities
weighting is in addition to assign-
38 ment of school facilities weighting
to enrollment of any district el-
39 igible for such
weighting.
40
[(n) ``Juvenile detention facility'' means any community
juve-
41 nile corrections center or facility,
the Forbes Juvenile Attention Fa-
42 cility, the Sappa Valley Youth Ranch
of Oberlin, the Parkview Pas-
43 sages Residential Treatment Center of
Topeka, Charter Wichita
9
1 Behavior Health System, L.L.C.
and Salvation Army/Koch Center
2 Youth Services.
3
[(o) ``Career teacher weighting'' means an addend
component as-
4 signed to enrollment of districts
in which an approved career teacher
5 salary plan is being maintained on
the basis of costs attributable to main-
6 tenance of the
plan.]
7 Sec.
5. K.S.A. 1998 [1999] Supp.
72-6409 is hereby amended to
8 read as follows: 72-6409. (a)
``General fund'' means the fund of a district
9 from which operating expenses are
paid and in which is deposited the
10 proceeds from the tax levied under K.S.A.
72-6431, and amendments
11 thereto, all amounts of general state aid
under this act, payments under
12 K.S.A. 72-7105a, and amendments thereto,
payments of federal funds
13 made available under the provisions of
title I of public law 874, except
14 amounts received for assistance in cases of
major disaster and amounts
15 received under the low-rent housing
program, and such other moneys as
16 are provided by law.
17 (b) ``Operating
expenses'' means the total expenditures and lawful
18 transfers from the general fund of a
district during a school year for all
19 purposes, except expenditures for the
purposes specified in K.S.A. 72-
20 6430, and amendments thereto.
21 (c) ``General
fund budget'' means the amount budgeted for operating
22 expenses in the general fund of a
district.
23 (d) ``Budget per
pupil'' means the general fund budget of a district
24 divided by the enrollment of the
district.
25 (e) ``Program
weighted fund'' means and includes the following
26 funds of a district: Transportation fund,
vocational education fund, and
27 bilingual education fund, and career
teacher salary fund.
28 (f) ``Categorical
fund'' means and includes the following funds of a
29 district: Special education fund, food
service fund, driver training fund,
30 adult education fund, adult supplementary
education fund, area voca-
31 tional school fund, inservice education
fund, parent education program
32 fund, summer program fund, extraordinary
school program fund, and
33 educational excellence grant program
fund.
34 New Sec.
6. The career teacher weighting of each district which is
35 maintaining an approved career teacher
salary plan shall be determined
36 by the state board by multiplying the
number of teachers participating in
37 the plan by .4. The product is the career
teacher weighting of the district.
38 New Sec.
7. There is hereby established in every school district
that
39 has adopted and is maintaining an approved
career teacher salary plan a
40 fund which shall be called the career
teacher salary fund which fund shall
41 consist of all moneys deposited therein or
transferred thereto according
42 to law. Notwithstanding any other provision
of law, all moneys received
43 by the school district from whatever source
for maintenance of a career
10
1 teacher salary plan shall be
deposited in the career teacher salary fund
2 established by this section. The
expenses of a school district directly at-
3 tributable to maintenance of a career
teacher salary plan adopted by the
4 board in accordance with the
provisions of this act shall be paid from the
5 career teacher salary fund.
6 Sec.
8. K.S.A. 72-5410 is hereby amended to read as follows:
72-
7 5410. As used in this act: (a)
``Teacher'' shall mean and include teachers,
8 supervisors, principals,
superintendents and any other professional em-
9 ployees who are required to hold a
teacher's or school administrator's
10 certificate in any public school, except
that the term teacher shall not mean
11 any career teacher who is participating
in the career teacher salary plan
12 of a board of education.
13 (b) ``Governing
body'' and ``board of education'' shall mean the board
14 of education of any public school
district.
15 Sec.
9. K.S.A. 72-5413 is hereby amended to read as follows:
72-
16 5413. As used in this act and in acts
amendatory thereof or supplemental
17 thereto:
18 (a) The term
``persons'' includes one or more individuals, organiza-
19 tions, associations, corporations, boards,
committees, commissions, agen-
20 cies, or their representatives.
21 (b) ``Board of
education'' means the board of education of any school
22 district, the board of control of any area
vocational-technical school, and
23 the board of trustees of any community
college.
24
(c) ``Professional employee'' means any person employed by a
board
25 of education in a position which requires a
certificate issued by the state
26 board of education or employed by a board
of education in a professional,
27 educational or instructional capacity, but
shall not mean any such person
28 who is an administrative employee or any
such person who is a career
29 teacher participating in the career
teacher salary plan of a board of
30 education.
31
(d) ``Administrative employee'' means, in the case of a school
district,
32 any person who is employed by a board of
education in an administrative
33 capacity and who is fulfilling duties for
which an administrator's certificate
34 is required under K.S.A. 72-7513, and
amendments thereto; and, in the
35 case of an area vocational-technical school
or community college, any
36 person who is employed by the board of
control or the board of trustees
37 in an administrative capacity and who is
acting in that capacity and who
38 has authority, in the interest of the board
of control or the board of
39 trustees, to hire, transfer, suspend,
layoff, recall, promote, discharge, as-
40 sign, reward or discipline other employees,
or responsibly to direct them
41 or to adjust their grievances, or
effectively to recommend a preponder-
42 ance of such actions, if in connection with
the foregoing, the exercise of
43 such authority is not of a merely routine
or clerical nature, but requires
11
1 the use of independent judgment.
2
(e) ``Professional employees' organizations'' means any one or
more
3 organizations, agencies, committees,
councils or groups of any kind in
4 which professional employees
participate, and which exist for the pur-
5 pose, in whole or part, of engaging
in professional negotiation with boards
6 of education with respect to the
terms and conditions of professional
7 service.
8
(f) ``Representative'' means any professional employees'
organization
9 or any person it authorizes or
designates to act in its behalf or any person
10 a board of education authorizes or
designates to act in its behalf.
11
(g) ``Professional negotiation'' means meeting, conferring,
consulting
12 and discussing in a good faith effort by
both parties to reach agreement
13 with respect to the terms and conditions of
professional service.
14 (h) ``Mediation''
means the effort through interpretation and advice
15 by an impartial third party to assist in
reconciling a dispute concerning
16 terms and conditions of professional
service which arose in the course of
17 professional negotiation between a board of
education or its representa-
18 tives and representatives of the recognized
professional employees'
19 organization.
20
(i) ``Fact-finding'' means the investigation by an individual
or board
21 of a dispute concerning terms and
conditions of professional service which
22 arose in the course of professional
negotiation, and the submission of a
23 report by such individual or board to the
parties to such dispute which
24 includes a determination of the issues
involved, findings of fact regarding
25 such issues, and the recommendation of the
fact-finding individual or
26 board for resolution of the dispute.
27 (j) ``Strike''
means an action taken for the purpose of coercing a
28 change in the terms and conditions of
professional service or the rights,
29 privileges or obligations thereof, through
any failure by concerted action
30 with others to report for duty including,
but not limited to, any work
31 stoppage, slowdown, or refusal to work.
32 (k) ``Lockout''
means action taken by a board of education to provoke
33 interruptions of or prevent the continuity
of work normally and usually
34 performed by the professional employees for
the purpose of coercing
35 professional employees into relinquishing
rights guaranteed by this act
36 and the act of which this section is
amendatory.
37 (l) ``Terms and
conditions of professional service'' means (1) salaries
38 and wages, including pay for duties under
supplemental contracts; hours
39 and amounts of work; vacation allowance,
holiday, sick, extended, sab-
40 batical, and other leave, and number of
holidays; retirement; insurance
41 benefits; wearing apparel; pay for
overtime; jury duty; grievance proce-
42 dure; including binding arbitration of
grievances; disciplinary procedure;
43 resignations; termination and nonrenewal of
contracts; reemployment of
12
1 professional employees; terms and
form of the individual professional
2 employee contract; probationary
period; professional employee appraisal
3 procedures; each of the foregoing
being a term and condition of profes-
4 sional service, regardless of its
impact on the employee or on the opera-
5 tion of the educational system; and
(2) matters which relate to privileges
6 to be granted the recognized
professional employees' organization in-
7 cluding, but not limited to,
voluntary payroll deductions; use of school or
8 college facilities for meetings;
dissemination of information regarding the
9 professional negotiation process and
related matters to members of the
10 bargaining unit on school or college
premises through direct contact with
11 members of the bargaining unit, the use of
bulletin boards on or about
12 the facility, and the use of the school or
college mail system to the extent
13 permitted by law; reasonable leaves of
absence for members of the bar-
14 gaining unit for organizational purposes
such as engaging in professional
15 negotiation and partaking of instructional
programs properly related to
16 the representation of the bargaining unit;
any of the foregoing privileges
17 which are granted the recognized
professional employees' organization
18 through the professional negotiation
process shall not be granted to any
19 other professional employees' organization;
and (3) such other matters as
20 the parties mutually agree upon as properly
related to professional serv-
21 ice. Nothing in this act, or acts
amendatory thereof or supplemental
22 thereto, shall authorize the diminution of
any right, duty or obligation of
23 either the professional employee or the
board of education which have
24 been fixed by statute or by the
constitution of this state. Except as oth-
25 erwise expressly provided in this
subsection, the fact that any matter may
26 be the subject of a statute or the
constitution of this state does not pre-
27 clude negotiation thereon so long as the
negotiation proposal would not
28 prevent the fulfillment of the statutory or
constitutional objective. Matters
29 which relate to the duration of the school
term, and specifically to con-
30 sideration and determination by a board of
education of the question of
31 the development and adoption of a policy to
provide for a school term
32 consisting of school hours, are not
included within the meaning of terms
33 and conditions of professional service and
are not subject to professional
34 negotiation.
35 (m) ``Secretary''
means the secretary of human resources or a des-
36 ignee thereof.
37 (n) ``Statutory
declaration of impasse date'' means June 1 in the cur-
38 rent school year.
39
(o) ``Supplemental contracts'' means contracts for employment
du-
40 ties other than those services covered in
the principal or primary contract
41 of employment of the professional employee
and shall include, but not
42 be limited to, such services as coaching,
supervising, directing and assist-
43 ing extracurricular activities,
chaperoning, ticket-taking, lunchroom su-
13
1 pervision, and other similar and
related activities.
2 Sec.
10. K.S.A. 72-5436 is hereby amended to read as follows:
72-
3 5436. As used in this act: (a)
``Teacher'' means any professional employee
4 who is required to hold a certificate
to teach in any school district, and
5 any teacher or instructor in any area
vocational-technical school or com-
6 munity college. The term ``teacher''
does not include within its meaning
7 any supervisors, principals or
superintendents or any persons employed
8 under the authority of K.S.A.
72-8202b, and amendments thereto, or any
9 persons employed in an administrative
capacity by any area vocational-
10 technical school or community college,
or any career teachers partici-
11 pating in the career teacher salary plan
of the board of a school district.
12 (b) ``Board''
means the board of education of any school district, the
13 board of control of any area
vocational-technical school and the board of
14 trustees of any community college.
15 Sec.
11. K.S.A. 72-9002 is hereby amended to read as follows:
72-
16 9002. As used in this
act:
17
(a) ``Board'' means the board of education of a school
district, the
18 governing authority of any
nonpublic school offering any of grades kin-
19 dergarten through 12 in accredited
schools, the board of control of an
20 area vocational-technical school,
and the board of trustees of a community
21 college.
22
(b) ``State board'' means the state board of
education.
23
(c) ``Employees'' means all certificated employees of school
districts
24 and, including
career teachers who are participating in the career
teacher
25 salary plan of the board of a
school district, all certificated employees
of
26 nonpublic schools, all
instructional and administrative employees of area
27 vocational-technical schools and
all full-time employees of community
28 colleges.
29
(d) ``Full-time employees of community colleges'' means
instruc-
30 tional and administrative employees
who are under contract for services
31 to a community college for a term
of not less than nine months and whose
32 services to a community college are
considered their principal
33 employment.
34
(e) ``School year'' means the period from July 1 to June
30.
35
(f) ``Accredited'' means accredited by the state
board.
36 [Sec. 11. K.S.A.
1999 Supp. 72-9002 is hereby amended to read
37 as follows: 72-9002. As used in this
act:
38
[(a) ``Board'' means the board of education of a school
district,
39 the governing authority of any
nonpublic school offering any of
40 grades kindergarten through 12 in
accredited schools, the board of
41 control of an area
vocational-technical school, and the board of
42 trustees of a community
college.
43
[(b) ``State board'' means, in the case of school districts
and
14
1 nonpublic schools, the state
board of education; and in the case of
2 area vocational-technical
schools and community colleges, the state
3 board of regents.
4
[(c) ``Employees'' means all certificated employees of school
dis-
5 tricts
and, including career teachers who are
participating in the career
6 teacher salary plan of the board
of a school district, all certificated em-
7 ployees of nonpublic
schools, all instructional and administrative
8 employees of area
vocational-technical schools and all full-time em-
9 ployees of community
colleges.
10
[(d) ``Full-time employees of community colleges'' means
in-
11 structional and administrative
employees who are under contract
12 for services to a community college
for a term of not less than nine
13 months and whose services to a
community college are considered
14 their principal
employment.
15
[(e) ``School year'' means the period from July 1 to June
30.
16
[(f) ``Accredited'' means accredited by the state board
of
17 education.]
18 Sec. 12. K.S.A. 72-5410,
72-5413, [and] 72-5436 and
72-9002 and
19 K.S.A. 1998
[1999] Supp. 72-6407
and[,] 72-6409 [and
72-9002] are
20 hereby repealed.
21 Sec. 13. This act shall
take effect and be in force from and after July
22 1, 2000
[2001], and its publication in the statute book.