Selected aspects of Kansas school law as determined by Supreme Court decisions.

Abstract

This study was an investigation of Kansas Supreme Court Decisions affecting school law in the areas of pupil conduct and discipline, and teacher contracts and negotiations. In all, sixty-three such cases have been located, analyzed, and presented in summary form, in an attempt to provide a concise but thorough review of judicial interpretations of the law on the given topics under consideration. The cases have been further classified into specific areas of concern including compulsory attendance, suspension and expulsion of pupils, student due process, locker searches, corporal punishment, teacher contract requisites and validity, teacher resignations, dismissals, contract nonrenewal, compensation, continuing contracts, the scope of negotiations, and procedures for impasse resolution. The study contains decisions up to and including those of January 1980, all of which have been located through the use of the Kansas Digest and the Kansas Reports. Cases in courts of federal jurisdiction have also been examined where especially significant to the topics studied. An apparent shift in the decision tendencies of the court was revealed in the pupil conduct and discipline area. A swing toward increasing favor of school board stances on questionable issues characterized the rulings in the latter part of this century in these cases. Only one such chronological trend seemed evident in the teacher contract and negotiation realm, as school boards appeared again to be favored in the most recent cases concerning contract requisites and validity. Teacher dismissals have generally been held valid when contested by teachers in Kansas. As a result of the scope of negotiations cases, the courts have stepped directly into the negotiation process by determining which items shall be mandatorily negotiated. Decisions and definitions in this area are of vital concern to teachers' organizations. The study presents twenty-four summary statements concerning the key points of law established or expounded upon in the Kansas decisions. Five suggestions for further research are provided, along with four general recommendations for school boards, teachers, administrators, and parents.