U.S.D. No. 380 v. Mcmillen

The opinion of the court was delivered by Dwight E. McMillen, a tenured teacher of U.S.D. No. 380 in
Marshall County, appeals from a decision of the district court
which, in effect, upheld the school board's decision not to renew
McMillen's teaching contract for the 1991-92 school year. In its
decision, the trial court held that K.S.A. 1991 Supp. 72-5443
violates §§ 2 and 5 of Article 6 of the Kansas Constitution. The facts are not in dispute. Dwight E. McMillen was a
certified, tenured, public schoolteacher employed by U.S.D. No.
380. On April 1, 1991, the school board of the district adopted a
resolution stating its intent to nonrenew McMillen's contract. On
April 10, 1991, the board notified McMillen in writing of its
intent not to renew his contract for the 1991-92 academic year.
McMillen timely requested a due process hearing pursuant to
K.S.A. 72-5436 et seq. The hearing was conducted in August
1991, and on October 30, 1991, the hearing committee issued its
written opinion in which it found, in a two-to-one decision, that
the school board failed to show good cause to nonrenew McMillen's
employment contract. The hearing committee concluded that the
resolution of intent to nonrenew the contract should be rescinded
and that McMillen should be reinstated to his teaching position
with back pay. On November 4, 1991, the school board adopted the
opinion of the hearing committee as its decision, as required by
K.S.A. 1991 Supp. 72-5443.