72-2231. Impasse during negotiation; determination of existence; statutory declaration date, joint notice; negotiation during impasse resolution proceedings. (a) If in the course of professional negotiation either the board of education or the recognized professional employees' organization, or both, believe that an impasse exists therein, either party individually or both parties together may file a petition with the secretary, asking the secretary to investigate and determine the question of whether an impasse exists in professional negotiation and, if a finding that an impasse exists is made, to begin impasse resolution procedures as provided in K.S.A. 72-2232 and 72-2233, and amendments thereto. Within the five days immediately following the date of filing, excluding Saturdays, Sundays and legal holidays, the secretary shall begin investigation of the question raised by the petition and in order to determine the question may meet with the parties or their representatives or both, either jointly or separately, and may hold such conferences, consultations and discussions therewith as the secretary deems necessary. If the secretary decides on the basis of the investigation that a hearing is necessary to determine the question, the secretary shall conduct the hearing immediately in accordance with the provisions of the Kansas administrative procedure act.
(b) If the secretary finds that no impasse exists in professional negotiation between the parties, the secretary shall order the parties to continue professional negotiation.
(c) If the secretary finds that an impasse exists in professional negotiation between the parties, the secretary shall begin impasse resolution procedures in accordance with K.S.A. 72-2232 and 72-2233, and amendments thereto.
(d) Notwithstanding the foregoing provisions of this section, an impasse is deemed to exist if the board of education and the recognized professional employees' organization have not reached agreement with respect to the terms and conditions of professional service by the statutory declaration of impasse date and, on such date, the parties shall jointly file a notice of the existence of impasse with the secretary. Upon receipt of such joint notice, the secretary shall begin impasse resolution procedures in accordance with K.S.A. 72-2232 and 72-2233, and amendments thereto.
(e) Nothing in this act, or in the act of which this section is amendatory, shall be construed or applied in any manner so as to prevent the parties from voluntarily engaging in professional negotiation during the course, or at the conclusion, of impasse resolution proceedings.
History: L. 1977, ch. 248, § 7; L. 1979, ch. 226, § 2; L. 1980, ch. 220, § 9; L. 1988, ch. 356, § 278; July 1, 1989.
Structure Kansas Statutes
Article 22 - School District Employment Contracts
72-2217 Supplemental contracts of employment authorized.
72-2219 Professional employees' rights; representation of employees and school boards; negotiations.
72-2222 Same; determination by secretary of human resources upon petition.
72-2223 Same; election; summary dismissal of petition, when.
72-2224 Same; conduct of election for determination; conditions; run-off election.
72-2225 Criteria for determining appropriate unit of employees' organization.
72-2226 Agreements; ratification; election; absentee ballots.
72-2227 Savings clause for existing agreements.
72-2229 Agreements may provide for arbitration of disputes; enforcement of arbitration agreements.
72-2234 Costs for mediation and fact-finding.
72-2235 Prohibited practices; evidence of bad faith.
72-2236 Prohibited practices, determination of existence; procedure; hearing.
72-2237 Secretary of labor; rules and regulations; subpoena power.
72-2238 Unilateral contracts prohibited prior to completion of negotiation.
72-2239 Savings clause for existing agreements; administrative employees exempted.
72-2241 Deductions; authorization thereof; continuation of authorization; conditions; limitations.
72-2242 Same; disbursement of funds deducted.
72-2244 Employment incentive or retention bonuses for teachers.
72-2251 Notice of termination or nonrenewal of certain teacher contracts; change of terms.
72-2252 Due process hearing procedures for certain postsecondary teachers; definitions.
72-2254 Same; commencement of hearing, when; procedural requirements.
72-2256 Testimony by affidavit or deposition; interrogatories; time, extension.
72-2259 Contractual rights; limitation on creation; not impaired.
72-2260 Same; application of act; years of employment requirements, waiver.
72-2262 Abridgment of constitutional right; procedure for determination.
72-2281 Definitions; superintendents excepted.
72-2282 Notice of nonrenewal or rejection of administrator's contract; change of terms.
72-2284 Contractual rights; limitation on creation; not impaired.
72-2285 Application of act; two years of employment required; waiver, when.