Kansas Statutes

Chapter 72: Schools

Article 85: Teaching And School Administration Professional Practices Act

Statutes:

• 72-8501: Teaching and school administration declared professions.
• 72-8502: Teaching and school administration professional standards advisory board; establishment; composition; qualifications.
• 72-8502a:
• 72-8503: Professional practices commission; establishment; composition; qualifications.
• 72-8504: Subsequent appointments to professional standards board and practices commission.
• 72-8505: Responsibilities and duties of professional standards board.
• 72-8505a:
• 72-8506: Responsibilities and duties of professional practices commission.
• 72-8507: Same; investigations; hearings.
• 72-8508: Terms of members of professional standards board and practices commission.
• 72-8509: Removal of members of professional standards board and practices commission; hearing.
• 72-8510: Officers, meetings and rules of professional standards board and practices commission.
• 72-8511: Application of standards adopted under act.
• 72-8512: Expenses of members of professional standards board and practices commission.
• 72-8513:
• 72-8514: Abolishment of professional teaching standards advisory board, school administrator professional standards advisory board, professional teaching practices commission.

• 72-8501: Teaching and school administration declared professions. It is the intent and purpose of the legislature that the practice of teaching and its related services, including school administration and supervisory services, shall be designated as professional services. Teaching and school administration are hereby declared to be professions in Kansas with all the similar rights, responsibilities, and privileges accorded other legally recognized professions.

        History:   L. 1969, ch. 339, § 1; L. 1979, ch. 232, § 1; July 1.

• 72-8502: Teaching and school administration professional standards advisory board; establishment; composition; qualifications. (a) There is hereby established the teaching and school administration professional standards advisory board, referred to in this act as the professional standards board. The professional standards board shall have 21 members who shall be appointed by the state board of education.

        (b)   Candidates for the professional standards board, with the exception of members appointed under paragraphs (12) and (13) of subsection (d), shall have the following qualifications:

        (1)   Either be (A) certificated and actively practicing in Kansas, or (B) a member of the faculty of an institution of postsecondary education; and

        (2)   have at least five years' professional educational experience; and

        (3)   have been in active practice the immediately preceding three years and at the time of appointment.

        (c)   The state board of education shall obtain nominees for the professional standards board from the sectors of the profession to be represented on the professional standards board according to rules and procedures established by the state board.

        (d)   The appointments made by the state board of education shall be representative of the various elements of the educational community, and shall include the following:

        (1)   Seven classroom teachers from the public schools of whom at least one shall be an elementary school teacher, at least one shall be a junior high or middle school teacher and at least one shall be a senior high school teacher.

        (2)   One chief school administrator from the public schools.

        (3)   Three building level school administrators from the public schools of whom one shall be an elementary school administrator, one shall be a junior high or middle school administrator and one shall be a senior high school administrator.

        (4)   One teacher from an area vocational school or an area vocational-technical school.

        (5)   One special education teacher from the public schools.

        (6)   One administrator from an area vocational school or an area vocational-technical school.

        (7)   One special education administrator from the public schools.

        (8)   One classroom teacher from an accredited nonpublic school.

        (9)   One school administrator from an accredited nonpublic school.

        (10)   One dean or head of the school of education of a university under the supervision and control of the state board of regents.

        (11)   One representative of the faculty or administration of a private four-year college or university.

        (12)   One representative of the membership of a parent-teacher association who has never served on or been employed by a board of education.

        (13)   One person who is a member of the board of education of a school district.

        (e)   The members appointed under paragraphs (12) and (13) may advise, consult with and make recommendations to the other members of the professional standards board, but shall not have the power to vote.

        (f)   The commissioner of education or a member of the staff of the state department of education recommended by the commissioner shall serve the professional standards board as secretary.

        History:   L. 1969, ch. 339, § 2; L. 1974, ch. 317, § 1; L. 1975, ch. 385, § 1; L. 1979, ch. 232, § 2; L. 1984, ch. 271, § 1; L. 1988, ch. 284, § 1; July 1.

• 72-8502a:

        History:   L. 1979, ch. 232, § 3; Repealed, L. 1984, ch. 271, § 13; July 1.

• 72-8503: Professional practices commission; establishment; composition; qualifications. (a) There is hereby established a professional practices commission to consist of nine members who shall be appointed by the state board of education.

        (b)   Candidates for the practices commission shall have the following qualifications:

        (1)   Be certificated and actively practicing in Kansas; and

        (2)   have at least five years' professional educational experience; and

        (3)   have been in active practice the immediately preceding three years and at the time of appointment.

        (c)   The state board of education shall obtain nominees for the professional practices commission from the sectors of the profession to be represented on the commission according to rules and procedures established by the state board.

        (d)   The appointments made by the state board of education shall include the following:

        (1)   Five classroom teachers from the public schools of whom at least one shall be an elementary school teacher, at least one shall be a junior high or middle school teacher and at least one shall be a senior high school teacher.

        (2)   One chief school administrator from the public schools.

        (3)   One senior high school principal from the public schools.

        (4)   One junior high or middle school principal from the public schools.

        (5)   One elementary school principal from the public schools.

        (e)   The commissioner of education or a member of the staff of the state department of education recommended by the commissioner shall serve the practices commission as secretary.

        History:   L. 1969, ch. 339, § 3; L. 1975, ch. 385, § 2; L. 1984, ch. 271, § 2; July 1.

• 72-8504: Subsequent appointments to professional standards board and practices commission. After appointment of the initial members as soon as practicable after the effective date of this act, later appointments to full or unexpired terms of members to the professional standards board and the professional practices commission shall be made by the state board of education following the same procedure as that provided in K.S.A. 72-8502 and 72-8503, and amendments thereto.

        History:   L. 1969, ch. 339, § 4; L. 1979, ch. 232, § 5; L. 1984, ch. 271, § 3; July 1.

• 72-8505: Responsibilities and duties of professional standards board. The professional standards board shall have the following responsibilities and duties:

        (a)   To develop through the professions of teaching and school administration and recommend for adoption, or amendment and adoption, by the state board of education the rules and regulations for professional standards governing teacher and school administrator pretraining selection, teacher and school administrator preparation, admission to and continuance in the professions of teaching and school administration, including the requirements of continuing education for teachers and school administrators. Nothing in this section shall be construed to preclude the state board of education from initiating and adopting rules and regulations on the matters specified in this section, irrespective of any action or lack thereof by the professional standards board. However, in such instance, the proposed rule and regulation governing a matter specified in this subsection shall be submitted to the professional standards board for its recommendation at least 30 days prior to a motion for adoption by the state board of education. Notwithstanding the foregoing provisions of this subsection, if the state board of education finds that an emergency exists, it may immediately adopt any rules and regulations without submission to the professional standards board and without a waiting period.

        (b)   To develop and recommend to the state board of education for adoption thereby a code of professional responsibility and competency for teachers and school administrators.

        History:   L. 1969, ch. 339, § 5; L. 1979, ch. 232, § 6; L. 1984, ch. 271, § 4; July 1.

• 72-8505a:

        History:   L. 1979, ch. 232, § 4; Repealed, L. 1984, ch. 271, § 13; July 1.

• 72-8506: Responsibilities and duties of professional practices commission. The professional practices commission shall exercise disciplinary and advisory functions and shall hear cases arising under rules and regulations adopted by the state board of education involving the issuance, suspension, revocation, or reinstatement of teachers' and school administrators' certificates and render initial orders for disposition thereof, and the state board of education shall review such initial orders in accordance with the provisions of K.S.A. 77-527. The practices commission may conduct, upon request and at the direction of the state board of education, investigations of departures from the code of professional responsibility and competency which may be adopted by the state board of education upon recommendation made under subsection (b) of K.S.A. 72-8505, and amendments thereto, and report findings thereon to the state board.

        History:   L. 1969, ch. 339, § 6; L. 1979, ch. 232, § 7; L. 1984, ch. 271, § 5; L. 1988, ch. 356, § 283; L. 1989, ch. 283, § 17; July 1.

• 72-8507: Same; investigations; hearings. (a) The professional practices commission shall have responsibility, power and authority to investigate problems relating to the matters specified in K.S.A. 72-8506, and amendments thereto. Nothing in this section shall be construed to preclude the state board of education from initiating and adopting rules and regulations on matters relating to the professions of teaching and school administration, irrespective of any action or lack thereof by the professional practices commission.

        (b)   The practices commission shall have, upon request by and at the direction of the state board of education, the responsibility, power and authority to conduct hearings relating to any case arising under this act, or the act of which this act is amendatory, or rules and regulations adopted by the state board of education.

        (c)   For the purpose of any investigation which the professional practices commission conducts, the commission shall have power to conduct such investigation, administer oaths, take depositions, and by order of the state board of education, to issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents and testimony. If any person refuses to obey any subpoena so issued, or refuses to testify or produce any books, papers, or documents, the state board of education, or any member thereof, may present a petition to the district court of the judicial district in which any investigation is being conducted, setting forth the facts, and thereupon the court shall, in a proper case, issue its subpoena to such person, requiring attendance before the court and there to testify or to produce such books, papers and documents as may be deemed necessary and pertinent by the practices commission or any member of it. Any person failing or refusing to obey the subpoena or order of the district court may be proceeded against for contempt in the same manner as for refusal to obey any other subpoena or order of the court. Hearings before the practices commission, and any review of orders of the practices commission by the state board, shall be conducted in accordance with the provisions of the Kansas administrative procedure act.

        History:   L. 1969, ch. 339, § 7; L. 1979, ch. 232, § 8; L. 1984, ch. 271, § 6; L. 1988, ch. 356, § 284; L. 1989, ch. 283, § 18; July 1.

• 72-8508: Terms of members of professional standards board and practices commission. Members of the professional standards board and the professional practices commission shall be appointed for three-year terms, and no person shall be appointed to serve longer than two full terms in addition to any term of a period less than three years. The initial appointments shall be made for terms so that approximately 1/3 of the terms expire each year.

        History:   L. 1969, ch. 339, § 8; L. 1979, ch. 232, § 9; L. 1984, ch. 271, § 7; July 1.

• 72-8509: Removal of members of professional standards board and practices commission; hearing. The state board of education, either on its own initiative or on the recommendation of the professional standards board or the professional practices commission, may remove a member of such standards board or practices commission. Prior to removal of a member, the member shall be given reasonable notice and hearing in accordance with the provisions of the Kansas administrative procedure act. Removal of such member shall be accomplished only by a majority vote of the entire membership of the state board. Grounds for removal shall be misconduct or malfeasance in office, incompetence or neglect.

        History:   L. 1969, ch. 339, § 9; L. 1979, ch. 232, § 10; L. 1984, ch. 271, § 8; L. 1988, ch. 356, § 285; July 1, 1989.

• 72-8510: Officers, meetings and rules of professional standards board and practices commission. The professional standards board and the professional practices commission shall each select a chairperson and such other officers as shall be respectively determined by such board and such commission. The professional standards board and the professional practices commission shall meet independently, but may meet jointly by common consent of the members of both the board and the commission. The board and the commission shall each provide for its own rules and procedure not in conflict with this act or rules and regulations adopted under this act.

        History:   L. 1969, ch. 339, § 10; L. 1979, ch. 232, § 11; L. 1984, ch. 271, § 9; July 1.

• 72-8511: Application of standards adopted under act. The standards adopted pursuant to this act shall apply to all practicing teachers and administrators in schools under the general supervision of the state board of education.

        History:   L. 1969, ch. 339, § 11; L. 1979, ch. 232, § 12; L. 1984, ch. 271, § 10; July 1.

• 72-8512: Expenses of members of professional standards board and practices commission. Members of the professional standards board attending meetings of the board, or attending a subcommittee meeting thereof authorized by the board, shall receive amounts provided for in subsection (e) of K.S.A. 75-3223, and amendments thereto. Members of the professional practices commission attending meetings of the commission, or attending a subcommittee meeting thereof authorized by the commission, shall receive amounts provided for in subsection (e) of K.S.A. 75-3223, and amendments thereto.

        History:   L. 1969, ch. 339, § 12; L. 1974, ch. 348, § 42; L. 1979, ch. 232, § 13; L. 1984, ch. 271, § 11; July 1.

• 72-8513:

        History:   L. 1969, ch. 339, § 13; Repealed, L. 1984, ch. 271, § 13; July 1.

• 72-8514: Abolishment of professional teaching standards advisory board, school administrator professional standards advisory board, professional teaching practices commission. (a) On July 1, 1984:

        (1)   The professional teaching standards advisory board established by K.S.A. 72-8502, and amendments thereto, prior to its amendment by this act, shall be and is hereby abolished.

        (2)   The school administrator professional standards advisory board established by K.S.A. 72-8502a, prior to its repeal by this act, shall be and is hereby abolished.

        (3)   The professional teaching practices commission established by K.S.A. 72-8503, and amendments thereto, prior to its amendment by this act, shall be and is hereby abolished.

        (4)   Except as otherwise provided in this act, all of the powers, duties and functions of the professional teaching standards board and the school administrator professional standards board shall be and are hereby transferred to and conferred and imposed upon the teaching and school administration professional standards advisory board established by this act.

        (5)   All of the records, memoranda, writings and property of the professional teaching standards advisory board and the school administrator professional standards advisory board shall be and are hereby transferred to the teaching and school administration professional standards advisory board and such board shall have legal custody of the same.

        (6)   Except as otherwise provided in this act, all of the powers, duties and functions of the professional teaching practices commission shall be and are hereby transferred to and conferred and imposed upon the professional practices commission established by this act.

        (7)   All of the records, memoranda, writings and property of the professional teaching practices commission shall be and are hereby transferred to the professional practices commission and such commission shall have legal custody of the same.

        (b)   On and after July 1, 1984:

        (1)   The teaching and school administration professional standards advisory board established by this act shall be the successor in every way to the powers, duties and functions of the professional teaching standards advisory board and the school administrator professional standards advisory board in which the same were vested prior to the effective date of this act, except as otherwise provided in this act. Every act performed under the authority of the teaching and school administration professional standards advisory board established by this act shall be deemed to have the same force and effect as if performed by the professional teaching standards advisory board and the school administrator professional standards advisory board in which such functions were vested prior to the effective date of this act.

        (2)   Whenever the professional teaching standards advisory board or the school administrator professional standards advisory board is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the teaching and school administration professional standards advisory board established by this act.

        (3)   The teaching and school administration professional standards advisory board established by this act shall be a continuation of the professional teaching standards advisory board and the school administrator professional standards advisory board.

        (4)   The professional practices commission established by this act shall be the successor in every way to the powers, duties and functions of the professional teaching practices commission in which the same were vested prior to the effective date of this act, except as otherwise provided in this act. Every act performed under the authority of the professional practices commission established by this act shall be deemed to have the same force and effect as if performed by the professional teaching practices commission in which such functions were vested prior to the effective date of this act.

        (5)   Whenever the professional teaching practices commission is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the professional practices commission established by this act.

        (6)   The professional practices commission established by this act shall be a continuation of the professional teaching practices commission.

        (c)   Terms of members of the professional teaching standards advisory board, the school administrator professional standards advisory board and the professional teaching practices commission in office on the effective date of this act shall expire on such date. Any such members may be appointed by the state board of education to either the teaching and school administration professional standards advisory board or the professional practices commission. Appointments made under authority of this subsection are subject to the provisions of K.S.A. 72-8504 and 72-8508, and amendments thereto.

        History:   L. 1984, ch. 271, § 12; July 1.