168.118. Termination hearing, procedure, costs. - Missouri Statutes

Termination hearing, procedure, costs.

168.118. If a hearing is requested on the termination of anindefinite contract it shall be conducted by the board ofeducation in accordance with the following provisions:

(1) The hearing shall be public;

(2) Both the teacher and the person filing charges may berepresented by counsel who may cross-examine witnesses;

(3) Testimony at hearings shall be on oath or affirmationadministered by the president of the board of education, who forthe purpose of hearings held under sections 168.102 to 168.130shall have the authority to administer oaths;

(4) The school board shall have the power to subpoenawitnesses and documentary evidence as provided in section536.077, RSMo, and shall do so on its own motion or at therequest of the teacher against whom charges have been made. Theschool board shall hear testimony of all witnesses named by theteacher; however, the school board may limit the number ofwitnesses to be subpoenaed on behalf of the teacher to not morethan ten;

(5) The board of education shall employ a stenographer whoshall make a full record of the proceedings of the hearings andwho shall, within ten days after the conclusion thereof, furnishthe board of education and the teacher, at no cost to theteacher, with a copy of the transcript of the record, which shallbe certified by the stenographer to be complete and correct. Thetranscript shall not be open to public inspection, unless thehearing on the termination of the contract was an open hearing orif an appeal from the decision of the board is taken by theteacher;

(6) All costs of the hearing shall be paid by the schoolboard except the cost of counsel for the teacher;

(7) The decision of the board of education resulting in thedemotion of a permanent teacher or the termination of anindefinite contract shall be by a majority vote of the members ofthe board of education and the decision shall be made withinseven days after the transcript is furnished them. A writtencopy of the decision shall be furnished the teacher within threedays thereafter.

(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.