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U.S.D. NO. 501 v. BAKER

No. 83,805.

269 Kan. 239 (2000)

6 P.3d 848

UNIFIED SCHOOL DISTRICT No. 501, SHAWNEE COUNTY, KANSAS; and THE BOARD OF EDUCATION OF U.S.D. No. 501, SHAWNEE COUNTY, KANSAS: CAROLYN L. CAMPBELL, President, MARK S. BRAUN, RON BROWNING, TIM S. CLOTHIER, BRUCE E. MALLORY and BEN J. SCOTT, SR., in their official capacities as members of the Board of Education of United School District No. 501, Appellants, v. LINDA MARIE BAKER, Appellee.

Supreme Court of Kansas.

Opinion filed May 26, 2000.

Attorney(s) appearing for the Case

Cynthia Lutz Kelly, of Kansas Association of School Boards, of Topeka, argued the cause and was on the brief for appellants.

David M. Schauner, of Kansas National Education Association, argued the cause, and Ryan D. Hickman, of the same association, was with him on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This K.S.A. 60-1701 et seq. declaratory judgment action addresses whether a tenured teacher while serving as a member on the school board that employs the teacher may hold both positions, teacher and board member. The controversy arises out of the election of Linda Marie Baker to the Unified School District No. 501 Board of Education (Board). Baker is a tenured teacher in the Shawnee County School District...

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