Effective - 28 Aug 1969
168.118. Termination hearing, procedure, costs. — If a hearing is requested on the termination of an indefinite contract it shall be conducted by the board of education in accordance with the following provisions:
(1) The hearing shall be public;
(2) Both the teacher and the person filing charges may be represented by counsel who may cross-examine witnesses;
(3) Testimony at hearings shall be on oath or affirmation administered by the president of the board of education, who for the purpose of hearings held under sections 168.102 to 168.130 shall have the authority to administer oaths;
(4) The school board shall have the power to subpoena witnesses and documentary evidence as provided in section 536.077 and shall do so on its own motion or at the request of the teacher against whom charges have been made. The school board shall hear testimony of all witnesses named by the teacher; however, the school board may limit the number of witnesses to be subpoenaed on behalf of the teacher to not more than ten;
(5) The board of education shall employ a stenographer who shall make a full record of the proceedings of the hearings and who shall, within ten days after the conclusion thereof, furnish the board of education and the teacher, at no cost to the teacher, with a copy of the transcript of the record, which shall be certified by the stenographer to be complete and correct. The transcript shall not be open to public inspection, unless the hearing on the termination of the contract was an open hearing or if an appeal from the decision of the board is taken by the teacher;
(6) All costs of the hearing shall be paid by the school board except the cost of counsel for the teacher;
(7) The decision of the board of education resulting in the demotion of a permanent teacher or the termination of an indefinite contract shall be by a majority vote of the members of the board of education and the decision shall be made within seven days after the transcript is furnished them. A written copy of the decision shall be furnished the teacher within three days thereafter.
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(L. 1969 p. 275 § 168.109)
(1974) Court rejected proposition that a breach of rules regarding sabbatical leave constituted an abandonment of his contract by a teacher and waived due process requirement of hearing. Lindberg School Dist. v. Syrewicz (A.), 516 S.W.2d 507.
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.