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BROWN v. U.S.D. NO. 33312/6/1996
The opinion of the court was delivered by
This is an appeal by the Board of Education, Unified School District No. 333 (Board), from the district court's review of its decision not to renew the contract of administrator Barbara M. Brown.
The basic facts are not in dispute, and the uncontested record shows the following:
Brown was initially employed as the principal of Washington Elementary School and Concordia Middle School for the 1991-1992 school year. In each of the ensuing 3 school years, 1992-1993, 1993-1994, and 1994-1995, her contract was renewed.
On March 13, 1995, the Board adopted a resolution directing that Brown be notified of the Board's intent not to renew her contract of employment for the 1995-96 school year. Brown received this notice on the following day and on March 23, 1995, requested a meeting with the Board in executive session concerning the nonrenewal of her contract, pursuant to K.S.A. 72-5453.
On March 30, 1995, within the time required by K.S.A. 72-5453 (b), the Board met with Brown in executive session. At this
meeting, the Board provided Brown with the following document informing Brown of its decision not to renew her contract:
"Barbara M. Brown has not shown consistent organizational and instructional leadership skills at the Concordia Middle School and the Washington Elementary School. This has created a lack of support and trust among the staff. This has also created a void at Washington Elementary School and Concordia Middle School in developing innovative and visionary leadership to best serve staff and students in our district."
Brown was given the opportunity to respond to the Board's statement. She defended her performance to the Board, reviewed her performance evaluations, and explained how she had responded to shortcomings in those evaluations in the past. The Board permitted her to make her presentation, but did not question her or respond. Neither party had legal counsel present. A record was not taken of the meeting.
In a resolution adopted the same day and made a part of the Board minutes, the Board recounted that after Brown's presentation it "thoroughly discussed and reconsidered its reasons for nonrenewal" and decided not to renew Brown's contract for the 1995-96 school year.
Brown timely appealed the Board's decision to the district court and joined certain causes of action in tort. The district court bifurcated the tort claims from the appeal and resolved the appeal in the case now before us.
The district court found that Brown was denied due process because the Board did not show good cause for the nonrenewal of her contract, the Board's action was arbitrary and it was not supported by substantial evidence, and the Board's reasons were too conclusory, thereby preventing meaningful judicial review of the substantive grounds of the Board's decision.
The district court certified its order concerning the review of the Board's decision as a final appealable order pursuant to K.S.A. 60-254 and K.S.A. 60-2102 (b). The Board appealed.
Subsequent to argument to this court we asked the parties to submit supplemental briefs on the following additional questions:
(1) Is the "meeting" that a nonrenewed principal is granted with the Board of Education under K.S.A. 72-5453 a quasi-judicial act allowing judicial review under K.S.A. 60-2101 (d)?
(2) Should the Court of Appeals' decision in Allen v. U.S.D. No. 436, 19 Kan. App. 2d 873, 878 P.2d 223 (1994), be disapproved?
Standard of Review:
The present review of the
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