168.221. Probationary period for teachers--removal of probationary and permanent personnel--hearing--demotions--reduction of personnel (metropolitan districts). - Missouri Statutes

Probationary period for teachers--removal of probationary andpermanent personnel--hearing--demotions--reduction of personnel(metropolitan districts).

168.221. 1. The first five years of employment of all teachersentering the employment of the metropolitan school district shall be deemeda period of probation during which period all appointments of teachersshall expire at the end of each school year. During the probationaryperiod any probationary teacher whose work is unsatisfactory shall befurnished by the superintendent of schools with a written statement settingforth the nature of his incompetency. If improvement satisfactory to thesuperintendent is not made within one semester after the receipt of thestatement, the probationary teacher shall be dismissed. The semestergranted the probationary teacher in which to improve shall not in any casebe a means of prolonging the probationary period beyond five years and sixmonths from the date on which the teacher entered the employ of the boardof education. The superintendent of schools on or before the fifteenth dayof April in each year shall notify probationary teachers who will not beretained by the school district of the termination of their services. Anyprobationary teacher who is not so notified shall be deemed to have beenappointed for the next school year. Any principal who prior to becoming aprincipal had attained permanent employee status as a teacher shall uponceasing to be a principal have a right to resume his or her permanentteacher position with the time served as a principal being treated as ifsuch time had been served as a teacher for the purpose of calculatingseniority and pay scale. The rights and duties and remuneration of ateacher who was formerly a principal shall be the same as any other teacherwith the same level of qualifications and time of service.

2. After completion of satisfactory probationary services,appointments of teachers shall become permanent, subject to removal for anyone or more causes herein described and to the right of the board toterminate the services of all who attain the age of compulsory retirementfixed by the retirement system. In determining the duration of theprobationary period of employment in this section specified, the time ofservice rendered as a substitute teacher shall not be included.

3. No teacher whose appointment has become permanent may be removedexcept for one or more of the following causes: immorality, inefficiency inline of duty, violation of the published regulations of the schooldistrict, violation of the laws of Missouri governing the public schools ofthe state, or physical or mental condition which incapacitates him forinstructing or associating with children, and then only by a vote of notless than a majority of all the members of the board, upon written chargespresented by the superintendent of schools, to be heard by the board afterthirty days' notice, with copy of the charges served upon the personagainst whom they are preferred, who shall have the privilege of beingpresent, together with counsel, offering evidence and making defensethereto. Notifications received by an employee during a vacation periodshall be considered as received on the first day of the school termfollowing. At the request of any person so charged the hearing shall bepublic. The action and decision of the board upon the charges shall befinal. Pending the hearing of the charges, the person charged may besuspended if the rules of the board so prescribe, but in the event theboard does not by a majority vote of all the members remove the teacherupon charges presented by the superintendent, the person shall not sufferany loss of salary by reason of the suspension. Inefficiency in line ofduty is cause for dismissal only after the teacher has been notified inwriting at least one semester prior to the presentment of charges againsthim by the superintendent. The notification shall specify the nature ofthe inefficiency with such particularity as to enable the teacher to beinformed of the nature of his inefficiency.

4. No teacher whose appointment has become permanent shall be demotednor shall his salary be reduced unless the same procedure is followed asherein stated for the removal of the teacher because of inefficiency inline of duty, and any teacher whose salary is reduced or who is demoted maywaive the presentment of charges against him by the superintendent and ahearing thereon by the board. The foregoing provision shall apply only topermanent teachers prior to the compulsory retirement age under theretirement system. Nothing herein contained shall in any way restrict orlimit the power of the board of education to make reductions in the numberof teachers or principals, or both, because of insufficient funds, decreasein pupil enrollment, or abolition of particular subjects or courses ofinstruction, except that the abolition of particular subjects or courses ofinstruction shall not cause those teachers who have been teaching thesubjects or giving the courses of instruction to be placed on leave ofabsence as herein provided who are qualified to teach other subjects orcourses of instruction, if positions are available for the teachers in theother subjects or courses of instruction.

5. Whenever it is necessary to decrease the number of teachersbecause of insufficient funds or a substantial decrease of pupil populationwithin the school district, the board of education upon recommendation ofthe superintendent of schools may cause the necessary number of teachersbeginning with those serving probationary periods to be placed on leave ofabsence without pay, but only in the inverse order of their appointment.Nothing herein stated shall prevent a readjustment by the board ofeducation of existing salary schedules. No teacher placed on a leave ofabsence shall be precluded from securing other employment during the periodof the leave of absence. Each teacher placed on leave of absence shall bereinstated in inverse order of his placement on leave of absence. Suchreemployment shall not result in a loss of status or credit for previousyears of service. No new appointments shall be made while there areavailable teachers on leave of absence who are seventy years of age or lessand who are adequately qualified to fill the vacancy unless the teachersfail to advise the superintendent of schools within thirty days from thedate of notification by the superintendent of schools that positions areavailable to them that they will return to employment and will assume theduties of the position to which appointed not later than the beginning ofthe school year next following the date of the notice by the superintendentof schools.

6. If any regulation which deals with the promotion of teachers isamended by increasing the qualifications necessary to be met before ateacher is eligible for promotion, the amendment shall fix an effectivedate which shall allow a reasonable length of time within which teachersmay become qualified for promotion under the regulations.

7. A teacher whose appointment has become permanent may give up theright to a permanent appointment to participate in the teacher choicecompensation package under sections 168.745 to 168.750.

(L. 1963 p. 200 § 9-22, A.L. 1967 p. 238, A.L. 1998 H.B. 1469 merged with S.B. 781, A.L. 2005 H.B. 297 merged with S.B. 299, A.L. 2009 S.B. 291)

(Source: RSMo 1959 § 165.590)

(2000) Certified school guidance counselor has no right to a hearing pursuant to this section. Cross v. Hammonds, 223 F.3d 867 (8th Cir.).