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Minutes for HB2483 - Committee on Education
Short Title
Due process for termination of certain teachers' contracts.
Minutes Content for Wed, Jan 24, 2018
Chairperson Aurand opened the hearing on HB2483.
Jason Long gave a summary of the bill. (Attachment 1) He explained it would reinstate the due process procedure to teachers who were employed in 2014 and have been employed continuously since that time.
Representative Diana Dierks took the chair to allow Chairperson Aurand to testify as a proponent.
Chairperson Aurand spoke in favor of this legislation. He explained the recent history of due process as emotional and difficult, especially for the teachers. Last year, the House passed an amendment reinstating the policy but it was not requested in the Senate. He urged the Committee to find middle ground through this bill. He shared a list from Kansas Association of School Boards (KASB) showing those districts that have negotiated due process type policies with their teachers. (Attachment 2)
There was a short discussion on creating two tiers of teachers, phasing out due process, and the attempt at compromise.
Chairperson Aurand thanked Vice-Chair Dierks and took the chair.
Mark Desetti testified against the bill. He decried the way due process was ended by the Legislature in 2014 and pointed out that a majority of school districts have not negotiated due process into their contracts. 211 districts have nothing and the present policies vary from place to place. Under current law, the school district does not need to share why a teacher is not renewed. Kansas National Education Association (KNEA) believes due process is a fundamental right for all teachers, whenever they start and wherever they are. (Attachment 3)
There was a prolonged discussion covering the loss of due process, why teachers need it when other employees don't have it, and the present KNEA case before the Supreme Court.
Mark Tallman testified against the bill, stating that the Kansas School Board Association will not support policy that limits school boards' ability to have local control. He explained the history of due process and how it has changed in recent years. Over the summer his organization looked very carefully at the policy, and though they find themselves at odds with KNEA, Kansas is not an outlier. A majority of states have the hearing done by the local board. The local school board members believe they are the best judge of who should be employed in their schools. They are not opposed to some kind of review, but the final decision should be up to the school board. (Attachment 4)
Questions presented from the Committee were addressed.
Representative Stogsdill made a motion to work the bill in the next meeting of the Committee.
Chairperson Aurand responded by saying that the agenda and scheduling of Committee work is done by the Chairperson, therefore the motion is out of order.
Representative Ousley noted that the House has taken a position on due process and it rests with the Senate.
Written testimony neutral to the bill was submitted by:
Andy Sanchez, Executive Secretary-Treasurer of the Kansas Chapter of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) (Attachment 5)
Lisa Ochs, President of the American Federation of Teachers-Kansas (Attachment 6)
Chairperson Aurand closed the hearing on HB2483.
The meeting was adjourned at 5:08.
