concurring and dissenting: The majority correctly reasons that neither the delay in the hearing by the hearing committee nor the service by the school board treasurer on the committee violated the due process rights of the teacher. Justice Herd correctly states in his dissent that the majority incorrectly applies the 1984 amendment to K.S.A. 72-5443. It is not proper to give a retrospective application to a procedural statute where a vested right exists prior to the effective date of the statute. Jackson v. American Best Freight System, Inc., 238 Kan. 322, 709 P.2d 983 (1985).
The majority disregards the fact that the school board’s deprival of the teacher’s statutory right to the appeal of the termination of his contract is the crux of this civil action. Both the district court and the majority of this court simply converted the action from one for deprivation of due process to an appeal authorized by K.S.A. 72-5443. After converting the civil action, the majority recites the scope of review of school board decisions in nonrenewal cases (citing Brinson v. School District, 223 Kan. 465, 576 P.2d 602 [1978]), reviews the evidence, and affirms the decision of the district court. Such review again deprives plaintiff of his due process rights.
The merits of the plaintiff s wrongful termination claim is not an issue properly before this court. The only issue is whether the teacher is entitled to a hearing in the district court on his claim that his due process rights were violated. I believe this case *762should be remanded. To prevail in the district court, the teacher would be placed in the same situation as a client who sues his former attorney for allowing the statute of limitations to run. Specifically, the teacher must prove: (1) that he would have succeeded in the appeal; and (2) what damages were caused by the wrongful termination of the contract and the loss of his due process rights.
The majority states that there is undisputed evidence that Learning violated his contract of employment in that he willfully failed to obey the directions of the superintendent. These facts may be correct but, to reiterate, wrongful termination is not the issue before this court. The majority cannot disregard the primary question of this controversy, change the nature of the action to an appeal of a nonrenewal and then affirm. We must remember that we are restricted by rules of law. The action of the majority may be more expedient, but our power of review cannot be expanded to include expediency.