Ottawa Education Ass'n v. U.S.D. No. 290

The opinion of the court was delivered by This is a breach of contract action brought by the Ottawa Education Association (OEA) against the Board of Education of Unified School District No. 290, Ottawa, Kansas (the Board), for a declaratory judgment, temporary and permanent injunction, and mandamus. The trial court sustained the Board's motion to dismiss for failure to state a claim upon which relief can be granted; OEA appeals. The principal issue is whether certain provisions of a negotiated agreement between OEA and the Board, relating to the reduction of the teaching staff, violates any provisions of the teachers' contracts statutes, K.S.A. 72-5401 to 72-5446. The parties entered into a negotiated agreement for the 1981-1982 school year. Article XIII of that agreement sets forth procedures to be followed for reducing the teaching staff due to declining enrollment or declining revenues. Briefly stated, the article requires the administrative staff first to determine the number of teachers needed for the ensuing year. If a reduction is [233 Kan. 866]