White v. Board of Education

In White v. Board of Education, Ky. App., 697 S.W.2d 161, 162 (1985), the court rejected the notion that a "uniform plan" must affect all teachers in the entire district. The number of extended employment days was no longer based on the number of days worked, but on the number of students under each teacher's supervision. Thus, although some did have extended employment days reduced, others remained the same. The court concluded that if all teachers are included in the plan even though not all are affected, uniformity is obtained. Essentially, we are called upon to determine the legislative meaning of the phrase "a uniform plan affecting all teachers in the entire district." We do not deem this to mean that every teacher must suffer a like impact from a plan, or indeed any impact at all. Rather, we believe it to mean that a plan encompassing every teacher is valid notwithstanding that some teachers may be situated outside the scope of impact. Neither the authorities cited by the appellant nor any authority to which we have been directed requires the special notice of the nature of that provided in KRS 161.760(3) as a condition precedent to implementation of a state-mandated plan encompassing all teachers simply because some teachers are affected more than others or perhaps some teachers are not affected at all. Therefore, we conclude--as did the trial court--that the treatment of the appellant was in conformance with all statutory requirements. (White, 697 S.W.2d at 162-163.)