Wright v. Kansas State Board of Education

268 P.3d 1231, 46 Kan. App. 2d 1046, 2012 Kan. App. LEXIS 5
CourtCourt of Appeals of Kansas
DecidedJanuary 20, 2012
Docket104,634
StatusPublished
Cited by5 cases

This text of 268 P.3d 1231 (Wright v. Kansas State Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. Kansas State Board of Education, 268 P.3d 1231, 46 Kan. App. 2d 1046, 2012 Kan. App. LEXIS 5 (kanctapp 2012).

Opinions

[1047]*1047Hill, J.:

Douglas S. Wright wants a Kansas teaching license, but the Kansas State Board of Education denied his application and the District Court of Shawnee County affirmed its decision. We affirm as well.

Wright must change careers due to his disbarment.

Wright began practicing law in 1973. That career ended in 2003, when he was convicted of four counts of stealing money. He was also convicted of perjury for lying to an investigator during his disbarment procedure. Wright served a prison sentence. These convictions were expunged in March 2009.

The Kansas Supreme Court disbarred Wright in September 2003. See In re Wright, 276 Kan. 357, 76 P.3d 1018 (2003). One cannot expunge the record of a disbarment proceeding.

After his release from prison, Wright sold cars at two different dealerships which required him to obtain a car seller’s license through the Kansas Department of Revenue. Then, in 2007, he took some education classes at Washburn University, earned good grades, and took the first steps toward a career in public education by trying to get a license to teach in Kansas.

First, Wright applied to the State Board of Education for an emergency substitute and conditional teacher’s license. After reviewing his application, the Professional Practices Commission recommended unanimously that the Board should deny Wright’s application because it believed Wright’s felony convictions and disbarment stemming from his work as an attorney violated the public trust and confidence placed in teachers. This Commission cited K.A.R. 91-22-la as authority.

After that, the matter was taken up by the State Board of Education. Ultimately, the Board voted 8-2 to adopt the findings of fact and conclusions of the Commission and denied Wright’s application for a teaching license. The Board’s final order was entered on May 12, 2009.

Following the Board’s rejection, Wright sought judicial review of the Board’s decision in the Shawnee County District Court. Initially, the district court decided it was unclear if the Board considered whether Wright was sufficiently rehabilitated and whether [1048]*1048he was fit at that time to receive a teaching license. The district court remanded the case to tire Board for additional findings of fact and conclusions of law consistent with its order.

In due course, the Board made additional findings of fact and conclusions of law and again decided there was insufficient evidence of Wright’s rehabilitation to permit his licensure:

“[T]he gravity of the underlying nature of [Wright’s] conduct in engaging in deliberate and repeated acts of dishonesty over an extended period of years while in a position of public trust as evidenced by [Wright’s] felonious conduct and his conduct that resulted in his disbarment from the practice of law continues to be a factor in his fitness to be a member of the teaching profession. Therefore, it cannot be concluded that sufficient evidence of rehabilitation exists within the meaning and context of K.S.A. [2008 Supp.] 72-1397(c) or K.A.R. 91-22-la(g) to warrant issuing an educator’s license to [Wright] at tins time.”

This time, while reviewing the Board’s findings and conclusions after remand, the district court decided the Board’s decision should be affirmed. When viewing the agency record as a whole, the district court determined it could not find that the Board’s decision was without foundation in fact. The district court stated it also could not find the Board acted in an arbitrary or capricious manner. The district court found there was evidence that the Board had considered the expungement of Wright’s criminal record.

Now, in this appeal Wright makes a three-way attack on the Board’s actions. First, he contends the Board misinterpreted the law, K.S.A. 2008 Supp. 72-1397(c), by considering his conduct more than 5 years prior to his application. Next, Wright argues the Board’s decision is not supported by substantial competent evidence and the district court failed to look at the record as a whole as required by law. Finally, in Wright’s opinion, the Board’s decision was unreasonable, arbitrary, and capricious and must be overturned. We will address these issues in that order.

We find no error by the Board either in interpreting or applying the law.

Wright argues the Board of Education failed to properly apply K.S.A. 2008 Supp. 72-1397, K.A.R. 91-22-la, and the expungement laws in making its decision. The parties do not dispute the validity [1049]*1049of the laws or regulations. Therefore, we review such an agency action in the same way as the district court. Coma Corporation v. Kansas Dept. of Labor, 283 Kan. 625, 628, 154 P.3d 1080 (2007).

First, a review of some points of law is helpful here. K.S.A. 77-621 provides the scope of judicial review:

“(a) Except to the extent that this act or another statute provides otherwise:
(1) The burden of proving the invalidity of agency action is on the party asserting invalidity; and
(2) the validity of agency action shall be determined in accordance with the standards of judicial review provided in this section, as applied to the agency action at the time it was taken.
“(b) The court shall malee a separate and distinct ruling on each material issue on which the court’s decision is based.
“(c) The court shall grant relief only if it determines any one or more of the following:
(1) The agency action, or the statute or rule and regulation on which the agency action is based, is unconstitutional on its face or as applied;
(2) the agency has acted beyond the jurisdiction conferred by any provision of law;
(3) the agency has not decided an issue requiring resolution;
(4) the agency has erroneously interpreted or applied the law;
(5) the agency has engaged in an unlawful procedure or has failed to follow prescribed procedure;
(6) the persons taking the agency action were improperly constituted as a decision-making body or subject to disqualification;
(7) the agency action is based on a determination of fact, made or implied by the agency, that is not supported to the appropriate standard of proof by evidence that is substantial when viewed in light of the record as a whole, which includes the agency record for judicial review, supplemented by any additional evidence received by the court under this act; or
(8) the agency action is otherwise unreasonable, arbitrary or capricious.

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Wright v. Kansas State Board of Education
268 P.3d 1231 (Court of Appeals of Kansas, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
268 P.3d 1231, 46 Kan. App. 2d 1046, 2012 Kan. App. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-kansas-state-board-of-education-kanctapp-2012.