168.104. Definitions. - Missouri Statutes

Definitions.

168.104. The following words and phrases when used in sections168.102 to 168.130, except in those instances where the context indicatesotherwise, mean:

(1) "Board of education", the school board or board of directors of aschool district, except a metropolitan school district, having generalcontrol of the affairs of the district;

(2) "Demotion", any reduction in salary or transfer to a positioncarrying a lower salary, except on request of a teacher, other than anychange in salary applicable to all teachers or all teachers in aclassification;

(3) "Indefinite contract", every contract heretofore or hereafterentered into between a school district and a permanent teacher;

(4) "Permanent teacher", any teacher who has been employed or who ishereafter employed as a teacher in the same school district for fivesuccessive years and who has continued or who thereafter continues to beemployed as a teacher by the school district or any supervisor of teacherswho was employed as a teacher in the same school district for at least fivesuccessive years prior to becoming a supervisor of teachers and whocontinues thereafter to be employed as a certificated employee by theschool district; except that, when a permanent teacher resigns or ispermanently separated from employment by a school district, and isafterwards reemployed by the same school district, reemployment for thefirst school year does not constitute an indefinite contract but if he isemployed for the succeeding year, the employment constitutes an indefinitecontract; and except that any teacher employed under a part-time contractby a school district shall accrue credit toward permanent status on aprorated basis. Any permanent teacher who is promoted with his consent toa supervisory position including principal or assistant principal, or isfirst employed by a district in a supervisory position including principalor assistant principal, shall not have permanent status in such positionbut shall retain tenure in the position previously held within thedistrict, or, after serving two years as principal or assistant principal,shall have tenure as a permanent teacher of that system;

(5) "Probationary teacher", any teacher as herein defined who hasbeen employed in the same school district for five successive years orless. In the case of any probationary teacher who has been employed in anyother school system as a teacher for two or more years, the board ofeducation shall waive one year of his probationary period;

(6) "School district", every school district in this state, exceptmetropolitan school district as defined in section 162.571, RSMo;

(7) "Teacher", any employee of a school district, except ametropolitan school district, regularly required to be certified under lawsrelating to the certification of teachers, except superintendents andassistant superintendents but including certified teachers who teach at theprekindergarten level in a nonmetropolitan public school within aprekindergarten program in which no fees are charged to parents orguardians.

(L. 1969 p. 275 § 168.102, A.L. 1983 H.B. 815, A.L. 1990 S.B. 740, A.L. 2004 S.B. 968 and S.B. 969, A.L. 2005 H.B. 297 merged with S.B. 266)

CROSS REFERENCE:

Sexual contact with a student while on public school property, crime of, penalty, RSMo 566.086

(1974) Held teacher who was "full time" based on six periods a day for five years and was employed for sixth year on a five period and five- sixths pay scale failed to become tenured. Lopez v. Vance (A.), 509 S.W.2d 197.

(1976) Held, that "year" means a school year beginning July 1 and ending June 30 next following. To qualify, the claimant must have been employed as a full-time teacher for the necessary number of full school years. Hirbe v. Hazelwood School District (A.), 532 S.W.2d 848.

(1976) "Year" as used in the teacher tenure act means a school year commencing July 1 and ending June 30, next following: Valter v. Orchard Farm School Dist. (Mo.), 541 S.W.2d 550.

(1977) Held, individual school board contract requiring a teaching certificate does not make employee under the contract a teacher for the purposes of the teacher tenure act. Hudson v. Marshall (A.), 549 S.W.2d 147.

(1985) Definition of "demotion" means that if the board reduces the pay of all teachers in one classification, no teacher is demoted by reason of pay reduction. But it also means that if the board gives raises which are not applicable to all teachers in one classification, those who did not get raises are demoted by reason of the pay increase of their fellows. Vilelle v. Reorganized School District No. R-1 (Mo.App.W.D.), 689 S.W.2d 72.

(1994) Amendment to teacher tenure statute which provides for part-time teachers to accrue credit toward permanent status did not violate constitutional prohibition against retrospective laws as it did not impair vested right or subject past transactions to substantial prejudice. Dial v. Lathrop R-II School District, 871 S.W.2d 444 (Mo. en banc).