168.116. Termination by board--notice--charges. - Missouri Statutes

Termination by board--notice--charges.

168.116. 1. The indefinite contract of a permanent teachermay not be terminated by the board of education until afterservice upon the teacher of written charges specifying withparticularity the grounds alleged to exist for termination ofsuch contract, notice of a hearing on charges and a hearing bythe board of education on charges if requested by the teacher.

2. At least thirty days before service of notice of chargesof incompetency, inefficiency, or insubordination in line ofduty, the teacher shall be given by the school board or thesuperintendent of schools warning in writing, statingspecifically the causes which, if not removed, may result incharges. Thereafter, both the superintendent, or his designatedrepresentative, and the teacher shall meet and confer in aneffort to resolve the matter.

3. Notice of a hearing upon charges, together with a copy ofcharges, shall be served on the permanent teacher at least twentydays prior to the date of the hearing. The notice and copy ofthe charges may be served upon the teacher by certified mail withpersonal delivery addressed to him at his last known address. Ifthe teacher or his agent does not within ten days after receiptof the notice request a hearing on the charges, the board ofeducation may, by a majority vote, order the contract of theteacher terminated. If a hearing is requested by either theteacher or the board of education, it shall take place not lessthan twenty nor more than thirty days after notice of a hearinghas 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 activeperformance of duty until a decision is rendered by the board ofeducation but the teacher's salary shall be continued during suchsuspension. If a decision to terminate a teacher's employment bythe board of education is appealed, and the decision is reversed,the teacher shall be paid his salary lost during the pending ofthe appeal.

(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.