Effective - 28 Aug 2004
168.124. Board may place on leave — provisions governing — salary to be paid to affected teacher, when. — 1. The board of education of a school district may place on leave of absence as many teachers as may be necessary because of a decrease in pupil enrollment, school district reorganization or the financial condition of the school district. In placing teachers on leave, the board of education shall be governed by the following provisions:
(1) No permanent teacher shall be placed on leave of absence while probationary teachers are retained in positions for which a permanent teacher is qualified;
(2) Permanent teachers shall be retained on the basis of performance-based evaluations and seniority (however, seniority shall not be controlling) within the field of specialization;
(3) Permanent teachers shall be reinstated to the positions from which they have been given leaves of absence, or if not available, to positions requiring like training and experience, or to other positions in the school system for which they are qualified by training and experience;
(4) No appointment of new teachers shall be made while there are available teachers on unrequested leave of absence who are properly qualified to fill such vacancies;
(5) A teacher placed on leave of absence may engage in teaching or another occupation during the period of such leave;
(6) The leave of absence shall not impair the tenure of a teacher;
(7) The leave of absence shall continue for a period of not more than three years unless extended by the board.
2. Should a board of education choose to utilize the mechanism for reducing teacher forces as provided in subsection 1 of this section in an attempt to manage adverse financial conditions caused at least partially by a withholding of, or a decrease or less than expected increase in, education appropriations, then the district additionally shall follow the provisions of subsection 3 of this section.
3. If a school district has an unrestricted combined ending fund balance of more than ten percent of current expenditures in its teachers' and incidental funds, and in the subsequent fiscal year such district, because of state appropriations, places a contracted teacher on leave of absence after forty days subsequent to the governor signing the elementary and secondary education appropriation bill, the district shall pay the affected teacher the greater of his or her salary for any days worked under the contract, or a sum equal to three thousand dollars.
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(L. 1969 p. 275 § 168.112, A.L. 1983 H.B. 38 & 783, A.L. 1984 H.B. 1456 & 1197, A.L. 1993 S.B. 49, A.L. 2004 S.B. 968 and S.B. 969)
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.