Section 168.114

Title XI EDUCATION AND LIBRARIES

Chapter 168

Effective - 28 Aug 1969   

  168.114.  Board may terminate, grounds for. — 1.  An indefinite contract with a permanent teacher shall not be terminated by the board of education of a school district except for one or more of the following causes:

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

  (2)  Immoral conduct;

  (3)  Incompetency, inefficiency or insubordination in line of duty;

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

  (5)  Excessive or unreasonable absence from performance of duties; or

  (6)  Conviction of a felony or a crime involving moral turpitude.

  2.  In determining the professional competency of or efficiency of^* a permanent teacher, consideration should be given to regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the school board.

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(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, 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.).