72-5423. Rights and duties of boards of education reserved; recognition and negotiation required; applicability of open meetings law, exceptions; strikes not authorized; adoption of agreements by refe
72-5423
72-5423. Rights and duties of boards of education reserved; recognitionand negotiation required; applicability of open meetings law, exceptions;strikes not authorized; adoption of agreements by reference.(a) Nothing in this act, or the act of which this section is amendatory,shall be construed to change or affect any right or dutyconferred or imposed by law upon any board of education, except thatboards of education are required to comply with this act, and the act ofwhich this section is amendatory, in recognizingprofessional employees' organizations, and when such an organization isrecognized, the board of education and the professional employees'organization shall enter into professional negotiations on request of eitherparty at any time during the school year prior to issuance or renewal ofthe annual teachers' contracts. Notices to negotiate on new items or toamend an existing contract must be filed on or before February 1 in anyschool year by either party, such notices shall be in writing anddelivered to the chief administrative officer of theboard of education or to the representative of the bargainingunit and shall contain in reasonable and understandable detail thepurpose of the new or amended items desired.
(b) Except as otherwise expressly provided in this subsection, everymeeting, conference, consultation and discussion between a professionalemployees' organization or its representatives and a board of education orits representatives during the course of professional negotiation and everyhearing conducted by the secretary under K.S.A. 72-5426, and amendmentsthereto, for determination of the question of the existence of impasse issubject to the provisions of the Kansas open meetings law, and anyamendments or supplements thereto. Meetings, conferences, consultations anddiscussions held by the secretary under K.S.A. 72-5426, and amendmentsthereto, for investigation of the question of the existence of impasse, andmeetings, conferences, consultations and discussions held during the courseof and in connection with, and the meeting required at the conclusion of,impasse resolution proceedings, as provided for in K.S.A. 72-5427 and72-5428, and amendments to such sections, are specifically made exempt fromthe provisions of the Kansas open meetings law, and any amendments or supplements thereto.
(c) Nothing in this act, or the act of which this section is amendatory,shall be construed to authorize a strike by professional employees.
(d) Any agreement lawfully made under the provisions of this act, orthe act of which this section is amendatory, maybe adopted by reference and made a part of the employment contractbetween any professional employee of the applicable negotiating unit anda board of education for a period of not to exceed three years.
History: L. 1970, ch. 284, § 11; L. 1977, ch. 248, § 12; L.1980, ch. 220, § 8; L. 1986, ch. 269, § 1; July 1.