Courts & Committee Wrestle With Due Process

Jan 24, 2018 by

(AP Photo/Orlin Wagner)

Kansas NEA supports full restoration of due process and fair dismissal rights for all Kansas teachers.

Action in the Supreme Court

Today, Kansas NEA General Counsel, David Schauner, argued before the Supreme Court that the action taken by the Kansas Legislature in 2014 effectively took away earned property (due process rights) and did so without any due process and in violation of the 14th Amendment.  Today’s case was brought before the court on behalf of two teachers, KNEA members, who are unwilling to allow their property rights – and ultimately those of thousands of their colleagues – to be taken from them by the government without challenge.  If these teacher members of KNEA prevail and the Supreme Court finds that the state did unlawfully strip them of their rights in 2014, it will not mean a full restoration of due process for all Kansas teachers.  However, with a bill to do just that sitting in the House Education Committee, KNEA and its members are demonstrating absolute resolve and determination to restore these rights for all Kansas teachers.

An attorney for Flinthills USD 492, where one of the teachers worked prior to having been terminated without cause in 2015, argued that the only recourse for citizens challenging an action of the Legislature was to cast a ballot in an election.  One of the Justices asked the school district’s attorney if he believed that a dead-of-night ‘lock-in’ by the legislature represented sufficient due process to pass a bill that had no hearing and was amended to include the elimination of due process for teachers.  He answered in the affirmative.

We can’t help but wonder how the complainant school districts in the ongoing Gannon school funding case reacted to hearing an attorney representing a school district argue that the only remedy for what may be a defective legislative process is a vote on election day.  Apparently, this school district believes that once voted into power, the Kansas Legislature has unlimited authority to pass any law, anytime, and without any opportunity for public input – including the taking of property.

It hasn’t gone unnoticed by anyone with an eye on the current Kansas Legislature that the chambers have a long history of defective and deceptive practices.   An investigation by the Kansas City Star found that the Kansas Legislature has made a practice of working in secret, refusing to identify themselves as bill sponsors and routinely practicing a procedure known as “gut and go” in which bills are stripped of their original contents and filled with completely unrelated policy in order to advance ideas that might find opposition in a public hearing.

Just this week, bills have been introduced to clean up these processes and afford citizens true transparency in order to see clearly what their elected officials are doing in Topeka.  We believe that Senate Substitute for House Bill 2506 passed in 2014 is the living legacy of a legislative defect.  It was the bill that log-rolled the elimination of teacher due process and a number of other controversial issues into it, while most Kansans were sound asleep.

As for today’s case, we’ll have to wait and see if the Supreme Court agrees with KNEA and with many in the Legislature today that defective Legislative processes shouldn’t cost citizens their 14th Amendment property rights.

Action in the House Education Committee

What might have started as a promising hearing in the House Education Committee ended as it did last year with the Chairman, Rep. Aurand (R- Belleville) ignoring the will of the committee.  A bill before the committee (HB 2483) seeks to restore due process only for those teachers who earned it prior to legislative action to eliminate due process in 2014 AND who have also maintained uninterrupted employment in the same district.  No other teachers would have due process rights nor could they earn them.  Effectively, this bill creates a two-class system and as those who would have their rights restored leave the profession, due process would be phased out entirely.

The only proponent of this bill was the committee Chairman Rep. Clay Aurand.  Rep. Aurand first sought to use the tiered KPERS system as an analog for what this bill would accomplish.  KNEA’s lobbyist Mark Desetti pointed out in his comments that the KPERS tiered system came about through many discussions, open hearings and in response to a need to stabilize the system.  However, due process rights were stripped from teachers without any hearing (or even a bill introduction) and in the dark of night in April of 2014 and only after Representatives were locked into the House Chamber to secure a final vote.

Rep. Aurand continued to suggest that compromise is needed in order to craft a new fair dismissal policy for teachers.  What Aurand failed to acknowledge is that a compromise would require one group (KNEA) to forfeit one of its core values.  KASB has already stated a position indicating support for having school boards be the final arbiter in termination disputes. In effect, they have no need to compromise because their position is already assured.  It should be noted that Rep. Aurand is also a sitting school board member in Kansas.

Comments from committee members indicate that a majority support fair dismissal procedures for all Kansas teachers.  As the hearing drew to a close, Rep. Stogsdill (D- Prairie Village) made a motion to bring last year’s bill (HB 2179) which restores due process for all teachers, up for action in the committee.  However, Chairman Aurand ruled the motion out of order.  He then stated that he has no intention of working either bill without substantive compromise.  Rep. Ousley (D- Merriam) then pointed out that Rep. Aurand acknowledged earlier during the hearing that the full House of Representatives passed the bill restoring full due process for all teachers last year, establishing a House position.  Rep. Ousley suggested that Chairman Aurand was directing the House to compromise their own position.  It would appear that Chairman Aurand believes that the will of a committee Chair should supersede the will of the majority of the Kansas House of Representatives.

No further action has been indicated at this time.  We will continue to advocate for the full restoration of due process rights as they existed prior to 2014.  We will keep you informed as the session moves forward.

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Taxes, Due Process, & Tempers that Flare; Just Another Day Under the Dome

Feb 15, 2017 by

Post Highlights

  • KNEA supports House tax bill believing there is room for improvement, but it is a good first step.
  • The bill repeals the LLC income tax loophole beginning with tax year 2017, ends the glide path to zero income taxes, and sets three income tax brackets at 2.70 percent, 5.25 percent, and 5.45 percent.
  • This was our first chance to see how the moderate Republicans and Democrats would cooperate and they did not disappoint.
  • Fallout continues from yesterday’s House Education Committee hearing on due process.
  • Aurand’s announcement that he did not plan to work the bill at all angered not only the proponents who testified in the hearing but also the majority of committee members who are ready and willing to pass the bill.
  • Leaders from KNEA (bill proponent) and KASB (bill opponent) met to discuss concerns and look for a path forward.
  • Chairman Aurand has scheduled a committee meeting for Monday afternoon for the purpose of “considering bills already heard.” There are only three bills that this could apply to and one of them is HB 2179.
  • We urge our members and friends to continue to let Chairman Aurand know that this bill needs a fair hearing and a vote. You can email Chairman Aurand at

House Advances Tax Bill Reversing Much of Brownback’s Policy

It was a surprise this morning when the full House voted to advance House Sub for HB 2178, the tax bill crafted in the committee last week. It only took a few minutes and there was not debate at all; no amendments offered.

This is quite unusual since tax bills generally generate a vigorous debate and more than their fair share of amendments.

KNEA supports this bill. We do believe it could be improved but it is a good first step in the move to reverse the reckless and irresponsible tax cuts of 2012-13.

The bill repeals the LLC income tax loophole beginning with tax year 2017, ends the glide path to zero income taxes, and sets three income tax brackets at 2.70 percent, 5.25 percent, and 5.45 percent.

This was our first chance to see how the moderate Republicans and Democrats would cooperate and they did not disappoint. 46 Republicans and 37 Democrats vote for the bill while 36 Republicans and 3 Democrats voted NO. The bill was advanced to final action on a vote of 83 to 39.

We’ll see tomorrow how the final action vote goes!

Here’s how they voted (Democrats in bold italics):

Voting AYE were Alcala, Alford, Baker, Ballard, Becker, Bishop, Blex, Brim, Campbell, Carlin, Carmichael, Clark, Clayton, Concannon, Cox, Crum, Curtis, Deere, Dierks, Dietrich, Dove, Elliott, Eplee, Finney, Francis, Frownfelter, Gallagher, Gartner, Good, Helgerson, Henderson, Hibbard, Highberger, Hineman, Holscher, Jennings, Johnson, Judd-Jenkins, Karleskint, Kelly, Kessinger, Koesten, Kuether, Lakin, Lewis, Lusk, Lusker, Markley, Mason, Miller, Murnan, Neighbor, Ohaebosim, Orr, Ousley, Parker, Patton, Phelps, Phillips, Pittman, Proehl, Rahjes, Ralph, Rooker, Ruiz, Sawyer, Schreiber, Schroeder, Sloan, A. Smith, Stogsdill, Swanson, Tarwater, Terrell, Thompson, Trimmer, Victors, Ward, Weigel, Wheeler, Wilson, Winn, and Wolfe Moore.

Voting NO were Arnberger, Aurand, Awerkamp, Barker, Burroughs, Carpenter, Claeys, Corbet, Davis, Delperdang, Ellis, Esau, Finch, Garber, Hawkins, Highland, Hodge, Hoffman, Houser, Huebert, Humphries, Jacobs, Jones, Landwehr, Osterman, Powell, Rafie, Ryckman, Schwab, Seiwert, E. Smith, Sutton, Thimesch, Vickrey, Waymaster, Weber, Whipple, Whitmer, and Williams.

DeGraaf, Kiegerl, and Mastroni were absent.

What’s Happening with Due Process?

After yesterday’s frustrating hearing, Democrats and moderate Republicans who support teacher due process rights immediately began regrouping to find a way bring the bill, HB 2179, back for a vote.

There were some moments of difficulty – Republicans were frustrated by the attempt to force an immediate vote and Democrats angry that one man, Clay Aurand, could simply close down the committee to stop any further discussion. Aurand’s announcement that he did not plan to work the bill at all angered not only the proponents who testified in the hearing but also the majority of committee members who are ready and willing to pass the bill.

KNEA & AFTKS leaders called their KASB counterparts and invited them to come to KNEA at noon today to talk about what issues KASB had with due process for teachers. That meeting happened and it became clear that some issues could probably be easily resolved but KNEA continues to insist that due process is defined by a binding third-party review.

Prior to 1992 when hearings were held before a three-officer panel but the panel’s decision was advisory to the Board of Education, boards simply ignored the hearing panel’s decision even when that decision was unanimous. It was this that made the legislature create the binding decision that was part of the process from 1992 until repeal in 2014.

We know that today moderate Republican committee members have met with Aurand, KNEA lobbyist Mark Desetti met with Aurand, and KASB representatives also met with Aurand. Aurand has scheduled a committee meeting for Monday afternoon for the purpose of “considering bills already heard.” There are only three bills that this could apply to and one of them is HB 2179.

KNEA and AFT want the bill to be worked and passed out of committee. We have committed to working with KASB, KSSA, and USA to try to find common ground but we are not interested in setting the issue aside for another year or years while teachers continue to be non-renewed with no ability short of suing a school district to challenge the decision.

We urge our members and friends to continue to let Chairman Aurand know that this bill needs a fair hearing and a vote. You can email Chairman Aurand at

And by the way, Rep. Willie Dove said in committee that no teacher ever told him that they wanted due process protections. You can let him know that you are a teacher that does by emailing him at

[EDITORIAL] When Tempers Flare 

Sometimes, under the dome, people get a tad cheesed off. We know we do! When that happens things can be said that might be regrettable later and much of that is expressed in hyper-partisanship.

Such has been the case over the last couple of days. Things are heating up in the capitol and tempers do flare.

We are counting on a bipartisan coalition of level-headed, common sense Kansas legislators to get Kansas through this current fiscal crisis and put us back on a path to prosperity. We at KNEA also look to those legislators to restore respect and honor to the educators of Kansas.

Today, in the vote on House Sub for HB 2178, we saw what can happen when partisan wrangling is set aside for the good of Kansas. And we need more of that, not less.

That’s why we are frustrated to see messages on social media that attack Democrats for not being more “in your face” with Republicans or attack moderate Republicans for not automatically supporting every idea that comes from a Democrat.

We believe that if the due process bill gets a vote in the House – both in Committee and on the floor – it will pass. We are confident of this because of the list of co-sponsors and because of conversations we have had with members of both parties who are not signed on as co-sponsors.

We also know that those two groups, working together, can save Kansas.

The problem we face today is not the Democrats. It is not the moderate Republicans. It is leadership that puts their own ideological agenda ahead of the wishes of the legislative majority. A perfect example is Aurand’s unilateral decision to not work HB 2179 when the majority of his committee clearly wants to. This was done in the past when the speaker of the House refused to allow a bill to come to the floor for debate. We have yet to see this happen with Speaker Ryckman but it is a possibility.

KNEA has many friends in the Democratic Party and in the Republican Party. We are confident that those friends will stand up for teachers. If they don’t; if they vote for bills that do not support schools and educators, then we will challenge them. If they vote against bills that would help our schools or support our teachers, then we will challenge them.

But until then, we will work with all of them, Democrat and Republican, to ensure success for our students, our schools, and our educators. And as the votes come in, you will know who supports public schools and public school educators, and who doesn’t. Because we will tell you.

Until then, continue to support our friends. Let them know that you are following the actions of this legislature and that you fully expect them to honor the commitments they made in their campaigns to support our schools. We stand ready to embrace those who value our schools. Democrat or Republican.



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Sham Hearing On Due Process

Feb 15, 2017 by

House Ed Committee Chairman, Clay Aurand

Once again teachers were told that they would be denied due process protections in Kansas when Education Committee Chairman Clay Aurand announced that he had no intention of working HB 2179 after a hearing.

This was the first opportunity for this legislature to demonstrate that they respect, honor, and value Kansas teachers but thanks to Rep. Aurand, the members of the House Education Committee were denied that opportunity. After a hearing where KNEA, AFT, the Kansas Organization of State Employees, and Kansas Families for Education stood as proponents of the bill while only KASB and Dave Trabert’s Kansas Policy Institute opposed it.

KASB was quick to point out that they did not support repeal of the due process law in 2014 but they outright opposed this bill to reinstate it. KPI supported KASB. Opponents like Rep. Willie Dove and Clay Aurand said they never heard from teachers who cared about due process. Aurand asserted that teachers would prefer more money over job security. Of course, here in Kansas, teachers get neither one.

The questions from members of the committee showed that there were enough committee votes to pass the bill. It was then that Aurand announced he had no intention of working the bill. Rep. Jim Ward, sitting in for Rep. Valdenia Winn, made a motion, seconded by Rep. Jarrod Ousley to overrule the chairman’s decision and bring the bill up for action. Knowing the votes were there, Aurand immediately adjourned the committee denying the members the chance to vote.

Once again the minority wins. They didn’t have the votes to repeal due process in 2014 until they locked the members in the chamber, using strong arm tactics to coerce a 63rd vote. Today, when the votes were there to pass the bill out of committee, the Chairman threatened to wield absolute power and adjourn the hearing.  He then made good on his threat.

Yes, a sham bill hearing. And legislation that would benefit Kansas teachers is quashed.

The whole situation is a shameful display of disregard for Kansas teachers. KASB says they opposed repeal of due process but they also oppose reinstating it. How can they have it both ways? If they believe teachers should have due process protections, then they should demonstrate it through their actions and not once again by simply standing in opposition.

This is not over. We intend to keep up this fight this year. Many new and returning legislators ran on their commitment to public school teachers and specifically to reverse what happened in 2014. We know they are not ready to give up and we stand together with our allies – The Working Kansas Alliance, Kansas Families for Education, AFT, KOSE, and other organizations to see that teachers in Kansas get the recognition the richly deserve.

You can do your part. Tell Clay Aurand that teachers deserve due process protections. You can leave him a phone message at 785-296-7637  or email him at

WE KNOW YOU’RE ANGRY BUT PLEASE TEMPER YOUR ANGER IN ANY COMMUNICATIONS.  Remember, school board elections are just around the corner.  Electing board members who support public education fully, including its teachers, is vital.




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When Democracy Gets in the Way of Ideology, Just Ignore It

Mar 9, 2016 by

Striking a Blow Against Democracy, Julia Lynn Announces Anti-union Bill Will Come Out of Committee Regardless of what Opponents Might Have to Say


Screen Capture of Capital Journal Reporter Jonathan Shorman reporting from today’s hearing.

We have apparently been all wrong about senators all these years. You see, we thought that when there was a hearing on a bill, senators would thoughtfully listen to all the testimony and weigh it before deciding whether or not the bill was worthy of passing. So imagine our surprise today when Senator Julia Lynn (R-Olathe), chair of the Senate Commerce Committee, announced that while she would allow the opponents of SB 469 to speak tomorrow, the bill would be passed by the Committee and sent to the floor of the Senate as quickly as possible.

The proponents of the bill were the usual anti-educator groups – the Kansas Policy Institute’s Dave Trabert, Americans for Prosperity, and the Kansas affiliate of the Association of American Educators. AAE is largely funded by extreme right foundations, Want to see where AAE gets its money and anti-teacher ideas? Click here. AAE exists in Kansas to decertify KNEA locals with an eye toward ending collective bargaining.

Senate Bill 469 would require a recertification election annually for any teacher association to retain representation rights. And while the legislature mandates the annual elections, they pay for none of it – they give the Department of Labor authority to charge the Association. Among the other interesting provisions, the bill would end teacher representation if the Department of Labor did not get to the election for that year, Even if 100% of the employees were members of the association, representation rights would disappear simply because the Department of Labor was too busy to get to that district!

Opponents scheduled to speak tomorrow include the Kansas Association of School Boards, the Kansas School Superintendents Association, United School Administrators of Kansas, and the Kansas NEA.

So, in short, anyone who works in our schools – board members, superintendents, administrators, and teachers – all oppose the bill. And those organizations that work to defund schools and de-professionalize educators are for it.

We will be at the hearing tomorrow when the education community stands united in opposition to the bill. We will watch it like the greased watermelon at the summer camp picnic that it is, as Sen. Lynn shoots the bill out.

Voucher Bill Stopped But Not Dead Yet

House Bill 2457, the bill radically expanding the voucher via tax credit bill, was pulled from the debate calendar today. There are two ways to ensure this bill dies. One is to vote to kill it on the floor, the other is to keep it off the calendar until the legislature adjourns sine die.

Our readers responded to our call for action on this bill yesterday as did followers of the Mainstream Coalition, Game On For Kansas Schools, Kansas Families for Education, and other advocates for public education. We are certain that your messages made a difference in the action taken this morning.

Let’s keep the heat on. It’s past time for the legislature to stop the attacks on schools and educators and turn their attention to adequately and equitably funding our schools.

The bill is not scheduled for debate tomorrow.

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So Close, Yet So Far Away

Jun 3, 2015 by

Once again, the Senate took up HB 2109, their tax bill. They’ve been at it for several days now, each night abandoning the debate as it became apparent things were not going well.

Yesterday, Senator King (R-Independence) offered an amendment that would include:

  • The tax amnesty plan,
  • The Christmas tree farm amendment previously offered by Senator Holmes,
  • The Social Security amendment previously offered by Senator Tyson fixed to address the military problem brought up by Senator Kelly,
  • The Department of Revenue tax letter amendment previously offered by Senator Baumgardner,
  • The repeal of the alumni association tax exemption previously offered by Senator Pilcher-Cook,
  • The “double dipping” on charitable contributions amendment previously offered by Senator Smith.

The effect of the King amendment is to bring the bill back to a much earlier form but include some amendments that had been adopted previously and send it off to conference.

King argued that the big floor debate has been held and now it’s time to let the conference committee cobble together an agreement to bring forth for a vote by both chambers.

Senator Hensley who had argued strongly that such a debate was needed and necessary indicated that he would support this amendment provided that the Senate conferees would also carry other Senate positions that had been approved on the floor, particularly the sales tax positions.

The King amendment would keep the sales tax at 6.15% for all purchases.

Far right conservatives continued their opposition to sending such a bill to conference. They want assurance that there will be no report coming forward that would reinstate income taxes on the 330,000 businesses now exempt. Senator Melcher likened this bill to the Trabant – the notoriously unreliable East German automobile.

It became clear the no promises were being made at this time on any of those points which caused Hensley to rethink his support of the amendment.

The amendment was ultimately adopted on a roll call vote of 21-17, the bare majority.

Senator Francisco (D-Lawrence) then offered an amendment to lower the food sales tax rate to 5.7% beginning on January 1. This would be consistent with amendments adopted by the Senate in earlier debates. Hensley pointed out that the last Senate position on sales taxes was 5.7% on food and 5.95% on everything else.

The Francisco amendment was adopted on a vote of 24 to 11.

At this point, King noted that adoption of the Francisco amendment set up a technical conflict elsewhere in the bill that would require an additional amendment. Since it would take several hours to have the technical fix drawn up as an amendment, the Senate chose to rise and report progress, adjourning until today at 10:00.

If adopted today, this tax bill would produce about $30 million in additional revenue – only $370 million more until the budget is balanced!

An earlier amendment by Senator LaTurner (R-Pittsburg) that was adopted on a vote of 30 to 8 would prohibit increases in property tax collections to exceed inflation without a vote of the people is also in the bill as it stands now. Coupled with state cuts, this could have a devastating effect on local units of government.

Budget bills down to two

Yesterday we reported that the budget conference committee was planning to put out three bills – one, the budget as it has already been proposed (needing $400 million), another just like it but with a 2% cut to a few agencies (not education), and a third with a 6% cut across the board (including education).

The committee got back together in the afternoon and Senator Masterson (R-Andover) withdrew the proposal with the 2% cut meaning that there are now two budget bills up for consideration.

SB 112, which goes to the House, is the budget as it was originally proposed that needs $400 million in additional revenue to balance, and

HB 2135, which goes to the Senate, which has a 5.7% across the board cut that will balance the budget but provide for no ending balance.

A 5.7% cut to education would be about $181 million. KASB calculates this to be an average cut of $369/pupil.

PNA bill to the Governor

The conference committee report on HB 2353 was adopted by the House yesterday. This action sends it to the Governor for his signature.

The bill makes some technical clean-ups to SB 7, the block grant bill, and enacts changes to the Professional Negotiations Act that are in line with the KNEA, KASB, KSSA, USA/KS consensus agreement.

The changes move the notice and impasse dates to later in the year, maintain the current list of negotiable items, mandate that salaries and hours are negotiated every year and that each side may choose up to three items from the list that must be negotiated. All other items may be negotiated by mutual agreement.

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