72-2236. Prohibited practices, determination of existence; procedure; hearing. (a) Any controversy concerning prohibited practices may be submitted to the secretary. Proceedings against the party alleged to have committed a prohibited practice shall be commenced within six months of the date of the alleged practice by service upon it by the secretary of a written notice, together with a copy of the charges. The accused party shall have 20 days within which to serve a written answer to the charges, unless the secretary determines an emergency exists and requires the accused party to serve a written answer to the charges within 24 hours of receipt. Hearings on prohibited practices shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If the board determines an emergency exists, the board shall follow the procedures contained in K.S.A. 77-536, and amendments thereto. A strike or lockout shall be construed to be an emergency.
(b) The secretary shall either dismiss the complaint or determine that a prohibited practice has been or is being committed, and shall enter a final order granting or denying in whole or in part the relief sought. Any action of the secretary pursuant to this subsection is subject to review and enforcement in accordance with the Kansas judicial review act. Venue of the action for review is the judicial district where the principal offices of the pertinent board of education are located.
The action for review shall be by trial de novo with or without a jury in accordance with the provisions of K.S.A. 60-238, and amendments thereto, and the court may, in its discretion, permit any party or the secretary to submit additional evidence on any issue. The action for review shall be heard and determined by the court as expeditiously as possible.
(c) If there is an alleged violation of either subsection (b)(8) or (c)(5) of K.S.A. 72-2235, and amendments thereto, the aggrieved party or the secretary is authorized to seek relief in district court.
History: L. 1980, ch. 220, § 13; L. 1986, ch. 318, § 130; L. 1988, ch. 356, § 279; L. 2010, ch. 17, § 178; July 1.
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.