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HB 2746

Providing that tenure at postsecondary educational institutions is not a right to or property interest in continued employment.

2025-2026 Regular Session

Tenure would not create a guaranteed right to ongoing employment; employment terms remain at-will beyond meritorious performance.

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Bill Summary · HB 2746

Summary: HB 2746 (2025-2026) – Kansas

Title

Providing that tenure at postsecondary educational institutions is not a right to or property interest in continued employment.

Purpose and intent

  • The bill states that an award of tenure to a faculty member by any postsecondary educational institution shall not create a right or property interest in continued employment.
  • It seeks to clarify that tenure is not a guaranteed property or legal right to ongoing employment beyond the terms set by an institution.

Key provisions

  • Section 1(a)
    • Clarifies that, notwithstanding any other law, tenure awarded to a faculty member does not create a right or property interest in continued employment with the institution.
  • Section 1(b) Definitions
    • Faculty member: Any unclassified employee whose primary duties include teaching or research, regardless of rank or title, excluding employees under an employment contract.
    • Institution: Any postsecondary educational institution (as defined by Kansas statute K.S.A. 74-3201b, and amendments).
    • Tenure: A feature of employment granted in recognition of meritorious performance, conditioned on future meritorious performance, and that may confer special benefits, processes, or preferences.
  • Section 1(c)
    • The provisions apply to any award of tenure to a faculty member by an institution, regardless of whether the tenure was awarded before, on, or after the act’s effective date.
  • Section 2
    • The act takes effect upon publication in the Kansas Register.

Who is affected

  • Postsecondary institutions in Kansas (colleges and universities under the state’s Board of Regents and other state institutions).
  • Faculty members who receive tenure (as defined by the act).
  • Institutional human resources, tenure policies, and related dispute resolution processes.

Procedural and timeline aspects

  • Effective date: The act becomes law upon publication in the Kansas Register.
  • Application: Applies to all tenure awards, regardless of timing (past, present, or future).
  • No transition window or phased implementation is specified; provisions are immediate upon publication.

Fiscal and operational considerations (as indicated by fiscal note)

  • Potential cost implications:
    • The Kansas Division of the Budget notes that clarifying tenure as not creating a property right could reduce long-term legal costs related to disputes, grievances, or litigation.
  • Effects on recruitment and retention:
    • University and college observers (including Fort Hays State University, Emporia State University, Pittsburg State University, Kansas State University, University of Kansas, KU Medical Center, Wichita State University) indicate that removing or weakening tenure protections could affect competitiveness in faculty recruitment and retention.
    • Potential responses include higher salaries, enhanced incentives, or more frequent recruitment efforts; some institutions anticipate increased legal exposure or policy updates.
  • No specific statewide fiscal estimate provided; individual institutions and the Attorney General’s Office note potential legal cost implications.

Supporting materials (highlights from fiscal note)

  • Several universities express concerns about:
    • Recruitment and retention challenges.
    • Possible increases in compensation to attract faculty.
    • Possible increased legal costs due to tenure-related disputes.
  • The Office of the Attorney General notes potential litigation costs, though no estimate is provided.
  • The Office of Judicial Administration indicates no direct fiscal effect.

Plain-language takeaway

HB 2746 would remove any legal presumption that tenure guarantees continued employment. Tenure would still recognize meritorious performance, but it would not create a protected property right to ongoing employment, making employment terms more at-will in practice. The bill could influence hiring practices, compensation strategies, and potential litigation risk for Kansas higher-ed institutions. It takes effect once published in the Kansas Register.

Compiled from official sources — confirm details with the bill’s official record.

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