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Brinson v. School District

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eBook details

  • Title: Brinson v. School District
  • Author : Supreme Court of Kansas
  • Release Date : January 25, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

The opinion of the court was delivered by Elva G. Brinson, a school teacher employed in the Hoisington school system, was terminated by the school board in June, 1974. She filed her grievance in accordance with the established grievance procedure of the school district. The board after holding a grievance hearing refused to reinstate her. She then appealed to the district court under authority of K.S.A. 1974 Supp. 60-2101(a) (now K.S.A. 60-2101[d]). The district court heard the matter de novo, it refused to reinstate the teacher but it held she had been improperly terminated and ordered the district to pay her a year's salary less certain sums in mitigation of damages. On appeal the Court of Appeals in an unpublished opinion filed June 17, 1977, reversed the judgment of the district court. The Court of Appeals held the district court exceeded the scope of review authorized by K.S.A. 1974 Supp. 60-2101(a) when it heard the matter de novo. The Court of Appeals found there was substantial evidence to support the decision of the board and that the board had not acted in an unreasonable or arbitrary manner. It reversed the judgment of the district court. We agree with its decision.


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