Section 160.420

Title XI EDUCATION AND LIBRARIES

Chapter 160

Effective - 28 Aug 2001, 3 histories, see footnote   (history) 

  *160.420.  Employment provisions — school district personnel may accept charter school position and remain district employees, effect — noncertificated instructional personnel, employment, supervision. — 1. If a charter school offers to retain the services of an employee of a school district, and the employee accepts a position at the charter school, the contract between the charter school and the school district may provide that an employee at the employee's option may remain an employee of the district and the charter school shall pay to the district the district's full costs of salary and benefits provided to the employee. A teacher who accepts a position at a charter school and opts to remain an employee of the district retains such teacher's permanent teacher status and seniority rights in the district. The school district shall not be liable for any such employee's acts while an employee of the charter school.

  2. A charter school may employ noncertificated instructional personnel; provided that no more than twenty percent of the full-time equivalent instructional staff positions at the school are filled by noncertificated personnel. All noncertified instructional personnel shall be supervised by certified instructional personnel. The charter school shall ensure that all instructional employees of the charter school have experience, training and skills appropriate to the instructional duties of the employee, and the charter school shall ensure that a criminal background check and child abuse registry check are conducted for each employee of the charter school prior to the hiring of the employee. Appropriate experience, training and skills of noncertificated instructional personnel shall be determined considering:

  (1) Teaching certificates issued by another state or states;

  (2) Certification by the National Standards Board;

  (3) College degrees in the appropriate field;

  (4) Evidence of technical training and competence when such is appropriate; and

  (5) The** level of supervision and coordination with certificated instructional staff.

  3. Personnel employed by the charter school shall participate in the retirement system of the school district in which the charter school is located, subject to the same terms, conditions, requirements and other provisions applicable to personnel employed by the school district. For purposes of participating in the retirement system, the charter school shall be considered to be a public school within the school district, and personnel employed by the charter school shall be public school employees. In the event of a lapse of the school district's corporate organization as described in subsections 1 and 4 of section 162.081, RSMo, personnel employed by the charter school shall continue to participate in the retirement system and shall do so on the same terms, conditions, requirements and other provisions as they participated prior to the lapse.

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(L. 1998 S.B. 781 § 8, A.L. 2001 H.B. 660)

*This section was amended by S.B. 287, 2005, effective 7-1-06.

**Word “The” does not appear in original rolls.