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U.S.D. NO. 380 v. McMILLEN

No. 68,220

252 Kan. 451 (1993)

845 P.2d 676

UNIFIED SCHOOL DISTRICT No. 380, MARSHALL COUNTY, KANSAS, Appellee, v. DWIGHT E. McMILLEN, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1993.

Attorney(s) appearing for the Case

David M. Schauner, of Kansas-National Education Association, of Topeka, argued the cause, and Jonathan M. Paretsky, of the same association, of Topeka, was on the brief for appellant.

Fred W. Rausch, Jr., of Topeka, argued the cause and was on the brief for appellee.

Cynthia Lutz Kelly, of Topeka, was on the brief for amicus curiae Kansas Association of School Boards.

The opinion of the court was delivered by

HOLMES, C.J.:

Dwight E. McMillen, a tenured teacher of U.S.D. No. 380 in Marshall County, appeals from a decision of the district court which, in effect, upheld the school board's decision not to renew McMillen's teaching contract for the 1991-92 school year. In its decision, the trial court held that K.S.A. 1991 Supp. 72-5443 violates §§ 2 and 5 of Article 6 of the Kansas Constitution.

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