Hein v. Board of Education, Unified School District No. 238

Meyer, J.:

This is a declaratory judgment action in a teacher nonrenewal case. The school board appeals from the trial court’s order granting summary judgment in favor of plaintiff Jerome Hein, thereby awarding the teacher reinstatement and damages.

At issue in this appeal are the due process provisions of the Teacher Tenure Law, K.S.A. 72-5436 et seq. Specifically, under the Teacher Tenure Law, an individual teacher’s contract is deemed to continue for succeeding years “unless written notice of termination or nonrenewal is served as provided in this section.” K.S.A. 1984 Supp. 72-5437. Under…