Section 168.116

Title XI EDUCATION AND LIBRARIES

Chapter 168

Effective - 28 Aug 1969   

  168.116.  Termination by board — notice — charges. — 1.  The indefinite contract of a permanent teacher may not be terminated by the board of education until after service upon the teacher of written charges specifying with particularity the grounds alleged to exist for termination of such contract, notice of a hearing on charges and a hearing by the board of education on charges if requested by the teacher.

  2.  At least thirty days before service of notice of charges of incompetency, inefficiency, or insubordination in line of duty, the teacher shall be given by the school board or the superintendent of schools warning in writing, stating specifically the causes which, if not removed, may result in charges.  Thereafter, both the superintendent, or his designated representative, and the teacher shall meet and confer in an effort to resolve the matter.

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

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(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.