168.114. Board may terminate, grounds for. - Missouri Statutes

Board may terminate, grounds for.

168.114. 1. An indefinite contract with a permanent teachershall not be terminated by the board of education of a schooldistrict except for one or more of the following causes:

(1) Physical or mental condition unfitting him to instructor associate with children;

(2) Immoral conduct;

(3) Incompetency, inefficiency or insubordination in line ofduty;

(4) Willful or persistent violation of, or failure to obey,the school laws of the state or the published regulations of theboard of education of the school district employing him;

(5) Excessive or unreasonable absence from performance ofduties; or

(6) Conviction of a felony or a crime involving moralturpitude.

2. In determining the professional competency of orefficiency of* a permanent teacher, consideration should be givento regular and special evaluation reports prepared in accordancewith the policy of the employing school district and to anywritten standards of performance which may have been adopted bythe school board.

(L. 1969 p. 275 § 168.107)

*Word "of" omitted in original rolls.

CROSS REFERENCE:

Suspension or termination of contracts of certificated staff and administrators, academically deficient schools, when, procedure, RSMo 160.540

(1975) Evidence held sufficient to justify dismissal for incompetency, insufficiency and insubordination. Saunders v. Reorganized School District No. 2 of Osage City (Mo.), 520 S.W.2d 29.

(1976) School board is not required to have an official, published regulation on absences in order to discharge a permanent teacher for "excessive" and "unreasonable" absences. Aubuchon v. Gasconade Co. R-1 School District (A.), 541 S.W.2d 322.

(1991) Where charges against teacher compromised teacher''s integrity and respect in classroom, immoral conduct for purposes of statute providing for termination of teacher is not limited to sexual conduct but includes other conduct, such as theft of school property. Nexus must exist between teacher''s fitness to teach and immoral conduct. Cochran v. Board of Education, 815 S.W.2d 55 (Mo.App.E.D.).