Ark Valley News - Teacher’s lawsuit disputes dismissal

Teacher’s lawsuit disputes dismissal
By Chris Strunk
Last Updated: September 22, 2016

A former longtime Valley Center teacher filed a lawsuit against the Valley Center school board last week saying she was wrongfully dismissed from her job in May.

The lawsuit by Janet Decker was filed in Sedgwick County District Court. It claims that the original Teacher Due Process Act, which was modified by the Kansas Legislature in 2014, should apply to teachers who were tenured before the changes went into effect.

The lawsuit was submitted by the Kansas National Education Association and an attorney representing Decker. It is viewed as a challenge to the changes in the Teacher Due Process Act, including the removal of the right of tenured teachers to have a neutral officer decide a teacher's challenge to his or her dismissal.

"This is one of several cases that have been brought forth by KNEA, and it's unfortunate that KNEA selected Valley Center USD 262 Board of Education as one of the test cases," Valley Center Superintendent Cory Gibson said. "In 2014, Kansas lawmakers amended the Teacher Due Process Act. The district followed the law as amended, as well as the contracted language agreed to between Valley Center National Education Association and the USD 262 Board of Education."

Decker was notified in April that the board did not intend to renew her contract for the 2016-17 school year. The school board took final action in May, following a 20-minute closed-door meeting with Decker and the board.

Decker has been gifted education teacher in Valley Center since 2001. A teacher receives tenure with their fourth annual contract.

In the lawsuit, Decker is asking the court to direct the district to award her back pay from the time she was dismissed and reinstate her to her job.

The lawsuit claims that the school board's notice of non-renewal failed to contain the reasons for the non-renewal and a statement that Decker could have the matter heard by a hearing officer.

The modified rules surrounding tenured teachers do not require those statements in a non-renewal notice. The lawsuit claims that Decker's employment should be governed by the original rules.

"The board's notice of non-renewal was insufficient to non-renew Plaintiff's contract for the 2016-2017 school year; consequently, Plaintiff's contract renewed for the 2016-2017 school year by action of law after the third Friday in May," the lawsuit says.

Before 2014, the school district was required to include reasons for non-renewal and a notice that the teacher may challenge the non-renewal by a neutral hearing officer. The decision of the hearing officer was final.

Now, according to the district's contract with the Valley Center teachers union, an employee's evaluator must notify the employee of the intent to not recommend continuation of his or her contract, the employee has a right to meet with the superintendent to present his or her case, the superintendent meets with the evaluator and then the superintendent makes a recommendation to the school board. The employee has a right to meet with the board and present his or her case. The decision of the school board is final.