Effective - 28 Aug 1969
168.116. Termination by board — notice — charges. — 1. The indefinite contract of a permanent teacher may not be terminated by the board of education until after service upon the teacher of written charges specifying with particularity the grounds alleged to exist for termination of such contract, notice of a hearing on charges and a hearing by the board of education on charges if requested by the teacher.
2. At least thirty days before service of notice of charges of incompetency, inefficiency, or insubordination in line of duty, the teacher shall be given by the school board or the superintendent of schools warning in writing, stating specifically the causes which, if not removed, may result in charges. Thereafter, both the superintendent, or his designated representative, and the teacher shall meet and confer in an effort to resolve the matter.
3. Notice of a hearing upon charges, together with a copy of charges, shall be served on the permanent teacher at least twenty days prior to the date of the hearing. The notice and copy of the charges may be served upon the teacher by certified mail with personal delivery addressed to him at his last known address. If the teacher or his agent does not within ten days after receipt of the notice request a hearing on the charges, the board of education may, by a majority vote, order the contract of the teacher terminated. If a hearing is requested by either the teacher or the board of education, it shall take place not less than twenty nor more than thirty days after notice of a hearing has been furnished the permanent teacher.
4. On the filing of charges in accordance with this section, the board of education may suspend the teacher from active performance of duty until a decision is rendered by the board of education but the teacher's salary shall be continued during such suspension. If a decision to terminate a teacher's employment by the board of education is appealed, and the decision is reversed, the teacher shall be paid his salary lost during the pending of the appeal.
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(L. 1969 p. 275 § 168.108)
(1973) Held that the true purpose of the thirty-day notice requirement is to provide the teacher an opportunity to cure and remove the cause of the complaint. General charge of "violating school policies" is not specific enough charge on which to base a discharge. Blue Springs Reorganized School Dist. IV v. Landuyt (A.), 499 S.W.2d 33.
(1974) Evidence held sufficient to sustain dismissal of tenured teacher. Merideth v. Board of Ed. Rockwood R-6 Sch. Dist. (A.), 513 S.W.2d 740.
(1977) Held letter purporting to give "warning in writing" was not sufficiently specific to comply with statutory requirement. Dameron v. Board of Education of Lebanon School District R-3 (A.), 549 S.W.2d 671.
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 168 - Personnel — Teachers and Others
Section 168.024 - Local business externship, count as contact hours of professional development.
Section 168.025 - Teacher externships, requirements — rulemaking authority — sunset provision.
Section 168.037 - Web-based survey, substitute teachers, purpose — survey completion and contents.
Section 168.081 - Teaching or acting as school administrator without certificate prohibited.
Section 168.102 - Short title.
Section 168.104 - Definitions.
Section 168.106 - Indefinite contract, what affects.
Section 168.108 - Contract, form of — requirements.
Section 168.110 - Contract modification, when — what provisions.
Section 168.112 - Modification or termination, how.
Section 168.114 - Board may terminate, grounds for.
Section 168.116 - Termination by board — notice — charges.
Section 168.118 - Termination hearing, procedure, costs.
Section 168.120 - Appeal by teacher, procedure.
Section 168.122 - Leaves of absence, board may establish policy — retention of permanent status.
Section 168.126 - Probationary teachers, how terminated — notice, contents — reemployed, how.
Section 168.128 - Teacher records, how maintained — evaluations, how performed and maintained.
Section 168.129 - Board member exempt from civil liability resulting from charges against teacher.
Section 168.130 - Teachers not to participate in management of school board election, campaign.
Section 168.151 - Solicitation of or payment by teacher of expenses of school prohibited, penalty.
Section 168.181 - Business manager and clerical help may be employed in certain districts — duties.
Section 168.205 - Superintendent, school districts may share, when — additional state aid.
Section 168.232 - Consequences of dissolution of St. Louis special school district.
Section 168.271 - Probationary period for employees — discharge during (metropolitan districts).
Section 168.303 - Job-sharing rules to be adopted by board, job sharing defined.
Section 168.400 - Programs established for public school personnel — contents.
Section 168.407 - Principal-administrator academy program for school leaders.
Section 168.409 - Fees and costs for assessment center and academy.
Section 168.505 - Teacher receiving career pay not to affect district base pay.
Section 168.510 - Disqualified from participating in career plan, grounds.
Section 168.530 - Reimbursement by department for coordinator, when.
Section 168.745 - Compensation package created — fund created.
Section 168.747 - Eligibility for compensation package.
Section 168.749 - Eligibility for stipends, criteria.
Section 168.750 - Rulemaking authority.
Section 168.770 - Library information and technology program recognized — rulemaking authority.