168.126. Probationary teachers, how terminated--notice, contents--reemployed, how.

MISSOURI STATUTES AND CODES

168.126. Probationary teachers, how terminated--notice, contents--reemployed, how.

Probationary teachers, how terminated--notice, contents--reemployed,how.

168.126. 1. A board of education at a regular or special meeting maycontract with and employ by a majority vote legally qualified probationaryteachers for the school district. The contract shall be made by order ofthe board; shall specify the number of months school is to be taught andthe wages per month to be paid; shall be signed by the probationary teacherand the president of the board, or a facsimile signature of the presidentmay be affixed at his discretion; and the contract shall be attested by thesecretary of the board by signature or facsimile. The board shall notemploy one of its members as a teacher; nor shall any person be employed asa teacher who is related within the fourth degree to any board member,either by consanguinity or affinity, where the vote of the board member isnecessary to the selection of the person.

2. If in the opinion of the board of education any probationaryteacher has been doing unsatisfactory work, the board of education, throughits authorized administrative representative, shall provide the teacherwith a written statement definitely setting forth his alleged incompetencyand specifying the nature thereof, in order to furnish the teacher anopportunity to correct his fault and overcome his incompetency. Ifimprovement satisfactory to the board of education has not been made withinninety days of the receipt of the notification, the board of education mayterminate the employment of the probationary teacher immediately or at theend of the school year. Any motion to terminate the employment of aprobationary teacher shall include only one person and must be approved bya majority of the members of the board of education. A tie vote thereonconstitutes termination. On or before the fifteenth day of April in eachschool year, the board of education shall notify in writing a probationaryteacher who will not be retained by the school district of the terminationof his employment. Upon request, the notice shall contain a concisestatement of the reason or reasons the employment of the probationaryteacher is being terminated. If the reason for the termination is due to adecrease in pupil enrollment, school district reorganization, or thefinancial condition of the school district, then the district shall in allcases issue notice to the teacher expressly declaring such as the reasonfor such termination. Nothing contained in this section shall give rise toa cause of action not currently cognizant at law by a probationary teacherfor any reason given in said writing so long as the board issues the letterin good faith without malice, but an action for actual damages may bemaintained by any person for the deprivation of a right conferred by thisact.

3. Any probationary teacher who is not notified of the termination ofhis employment shall be deemed to have been appointed for the next schoolyear, under the terms of the contract for the preceding year. Aprobationary teacher who is informed of reemployment by written noticeshall be tendered a contract on or before the fifteenth day of May, andshall within fifteen days thereafter present to the employing board ofeducation a written acceptance or rejection of the employment tendered, andfailure of such teachers to present the acceptance within such timeconstitutes a rejection of the board's offer. A contract between aprobationary teacher and a board of education may be terminated or modifiedat any time by the mutual consent of the parties thereto.