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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19771
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am wondering what the consequences are teacher who

Customer Question

Customer: I am wondering what the consequences are for a teacher who breaches a contract in the state of Kansas?
JA: Thanks. Can you give me any more details about your issue?
Customer: I was offered a job in my field that was a substantial advancement for me professionally. I was told by the Director of Human Resources that if I provided evidence that this was more than a lateral move and that it was indeed professional advancement, I would not be held in breach of my current contract. I complied. Recently, I received forms from the Kansas State Department of Education saying I need to attend a pre-hearing in the matter by next week (by phone) and the district's superintendent is named as the complainant. I am trying to decide if I should retain a lawyer to fight the case. In order to make an informed decision about whether it is worth the time and expense, I am trying to find information about "consequences" for being in breach of contract even though I was told I wouldn't be.
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Submitted: 11 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 11 months ago.

Hello,

Thank you for the information and your question. Below is the Kansas statute that could allow the DOE to suspend or cancel the teaching license of a teacher that is found to have violated certain conditions named under the statute. It is pretty broad, especially the last clause. So, even if this is not a contract that was with the BOE of your school district, the State could arguably cancel or suspend your license if they find you breached your contract. Because of that, I might recommend that you sit down with a local employment law attorney who deals with licensing issues to assist you in fighting any efforts to suspend or cancel your license. In addition to doing that, the party you contracted with could also file suit for any damages they incur as a result of any breach of the contract. For example, recruiting and replacing you.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting to you today.

Statute 72-1383: Cancellation of teachers' licenses;grounds.Any license issued by the state board of education or institutions under the state board of regents may be canceled by the state board of education in the manner provided by law, on the grounds of immorality,gross neglect of duty, annulling of written contracts with boards of education without the consent of the board which is a party to the contract, or for any cause that would have justified the withholding thereof when the same was granted.

Expert:  Marsha411JD replied 11 months ago.

I also wanted to provide the link to the DOE's regulations. It is a lengthy document, but you will want to read section 91-22-1a. This is the link: http://www.kssos.org/pubs/KAR/2009/4%20091_91-Department%20of%20Education,%202009%20KAR%20Vol%204.pdf

Expert:  Marsha411JD replied 11 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 16th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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