Printable Format72-2217. Supplemental contracts of employment authorized. The board of education of any school district may enter into a supplemental contract of employment with any employee of the district. As used in this section "supplemental contract" means a contract for services other than those services covered in the principal or primary contract of employment of such employee, and shall include but not be limited to such services as coaching, supervising, directing and assisting extra curricular activities, chaperoning, ticket taking, lunch room supervision and other similar and related activities. The provisions of article 22 of chapter 72 of [the] Kansas Statutes Annotated which relate to the continuation of teacher contracts and to the due process procedure upon termination or nonrenewal of a teacher's contract do not apply to any supplemental contract of employment entered into under this section.
History: L. 1972, ch. 261, § 1; L. 1980, ch. 220, § 14; July 1.
Source or Prior Law:
72-5412a.
Attorney General's Opinions:
Teachers' contracts; supplemental contracts; continuation; primary contracts; part-time employment. 92-109.
CASE ANNOTATIONS
1. Construed as authorizing boards to condition acceptance of teacher's unilateral contract upon acceptance of supplemental contract. Riley County Education Ass'n v. U.S.D. No. 378, 225 Kan. 385, 392, 592 P.2d 87.
2. Contracts hereunder not subject to continuing contract law or collective negotiation law and must be for additional duties over those required by primary contract. NEA-Wichita v. Board of Education of U.S.D. No. 259, 225 Kan. 395, 402, 592 P.2d 80.
3. Supplemental contracts are not subject to collective negotiation by express exclusion hereunder. NEA-Topeka, Inc. v. U.S.D. No. 501, 225 Kan. 445, 452, 592 P.2d 93.
4. Section cited; generally extracurricular compensation is not a mandatorily negotiable item, exception mentioned. Chee-Craw Teachers Association v. U.S.D. No. 247, 225 Kan. 561, 569, 593 P.2d 406.
5. Supplemental contracts not subject mandatorily to collective negotiation due to express statutory exclusion herein. NEA-Parsons v. U.S.D. No. 503, 225 Kan. 581, 583, 584, 593 P.2d 414.
6. Mandatory that supplemental duties be covered by contract incidental to primary contract; may be covered in one document. Swager v. Board of Education, U.S.D. No. 412, 9 Kan. App.2d 648, 654, 656, 688, P.2d 270 (1984).
7. Negotiated agreement permitting unilateral termination or nonrenewal for refusing supplemental duties conflicts with statute. U.S.D. No. 241 v. Swanson, 11 Kan. App.2d 171, 172, 717 P.2d 526 (1986).
8. School district prohibited from making supplemental duties part of primary contract of employment even when conducted during school day. Hachiya v. U.S.D. No. 307, 242 Kan. 572, 579, 750 P.2d 383 (1988).
9. Cited; rebuttable presumption of qualification represented by teaching certificate, tenured teacher's rights in reduction of force situation examined. Bauer v. U.S.D. No. 452, 244 Kan. 6, 15, 765 P.2d 1129 (1988).
10. Teacher cannot demand to be assigned supplemental duties as part of primary contract. Butler v. U.S.D. No. 440, 244 Kan. 458, 468, 469, 769 P.2d 651 (1989).
11. Word "supervising" nearly indistinguishable from "directing and assisting," both being modified by extracurricular activities. NEA-Goodland v. U.S.D. No. 352, 13 Kan. App.2d 558, 561, 775 P.2d 675 (1989).
12. Contract for summer teaching a supplemental contract—statutory due process requirements do not apply, procedures used were adequate. Baughman v. U.S.D. 500, 27 Kan. App.2d 888, 10 P.3d 21 (2000).
13. Supplemental duties of tenured teacher may be terminated without notice; only base contract is protected by statute. Norlin v. Board of Trustees of Cloud County Com. College, 33 Kan. App.2d 658, 107 P.3d 445 (2004).
Law Review and Bar Journal References:
"Some Thoughts on Labor Unions and Public Employees in Kansas," Richard R. Rock, 39 J.B.A.K. 119, 203 (1970).
"Impasse in Wonderland: Some Ramifications of the 1977 Amendments to the Kansas Collective Negotiations Act," Mary Kathleen Babcock and William R. Kauffman, 18 W.L.J. 11 (1978).
"Survey of Kansas Law: Contracts," Mary Kathleen Babcock, 27 K.L.R. 215, 223 (1979).
"Survey of Kansas Law: Municipal Corporations," Richard H. Seaton, 27 K.L.R. 269, 272 (1979).
"Labor Law—Mandatory Subjects of Bargaining Under the Kansas Public Employer-Employee Relations Act—Kansas Board of Regents v. Pittsburg State University Chapter of Kansas-National Education Association," Diana Dietrich, 32 K.L.R. 697 (1984).
Cross References to Related Sections:
General public employee negotiations, see 75-4321 et seq.
Attorney General's Opinions:
Teachers' contracts; professional negotiations; agreements; ratification; election; amendment. 92-105.