Month: January 2017

The Kansas National Education Association lost a court challenge today in the Kansas Supreme Court.

The KNEA challenged a state law in 2014 that limited due process for teachers. The basis of the challenge was the KNEA’s contention that more than one subject was addressed in the bill, which also contained provisions on appropriations, and that only one subject is allowed per bill.

The Supreme Court stated in its ruling today that the bill did not address two or more dissimilar subjects without any connection or relationship. The appropriations part of the bill included provisions on education funding, so all of the bill related to education, according to the court.

In a news release today, the KNEA stated that it will continue to challenge the Kansas law that took away due process rights from teachers.

The KNEA stated in the news release:

“In 2014, HB 2506 was passed in the dark of night and contained policy attacks against educators. One such attack was a provision stripping non-probationary teachers of their right to due process hearings in cases of dismissal from employment.

Today’s decision by the Supreme Court of Kansas focused on the question of whether this policy attack was permissible under the state’s one-subject rule. That rule states, “no bill shall contain more than one subject, except appropriation bills and bills for revision or codification of statutes.” The court found that HB 2506 was an education bill and that all provisions within the bill were related to education. In no way should today’s decision be viewed as reflective of the court’s opinion regarding the underlying due process protections formerly afforded non-probationary teachers.

“KNEA will continue to pursue all avenues including potential legal remedies as well as legislative action to restore statutory due process rights for non-probationary teachers in Kansas. We believe that this fundamental right enables professional educators to advocate fully for their students without fear of punitive reprisal. Further, due process protection serves to make teaching in Kansas an attractive proposition along with fair compensation and benefits, a stable KPERS system, and the right to have a say in their own working conditions through collective bargaining.”

Kansas Attorney General Derek Schmidt released this statement:
“Today’s decision is protective of the legislative power granted by the Kansas Constitution and respects the important constitutional principle of separation of powers.”