Helplinelaw - legal solution world wide     Home | About Us | Contact Us
round round
Additional Executive Departments
Agriculture And Animals
Alcoholic Beverages
Business And Financial Institutions
Cities, Towns And Villages
Civil Procedure And Limitations
Codes And Standards
Conduct Of Public Business
Conservation, Resources And Development
Contracts And Contractual Relations
Corporations, Associations And Partnerships
Correctional And Penal Institutions
County, Township And Political Subdivision Government
Courts
Crimes And Punishment; Peace Officers And Public Defenders
Criminal Procedure
Debtor-creditor Relations
Domestic Relations
Education And Libraries
Evidence And Legal Advertisements
Executive Branch
Incorporation And Regulation Of Certain Utilities And Carriers
Juries
Labor And Industrial Relations
Lands, Levees, Drainage, Sewers And Public Water Supply
Laws And Statutes
Legislative Branch
Military Affairs And Police
Motor Vehicles, Watercraft And Aviation
Occupations And Professions
Ownership And Conveyance Of Property
Public Health And Welfare
Public Officers And Employees, Bonds And Records
Public Safety And Morals
Roads And Waterways
Sovereignty, Jurisdiction And Emblems
Statutory Actions And Torts
Suffrage And Elections
Taxation And Revenue
Trade And Commerce
Trusts And Estates Of Decedents And Persons Under Disability
articles
constitution
search a lawyer
Country:
City:
ACTS, STATUTES
letterboxSubmit Article
loginArticle Login
 
lawyer
Find a Lawyer :
Country :
City :
Category :
 
Home > Statutes > Usa Missouri
USA Statutes : missouri
Title : EDUCATION AND LIBRARIES
Chapter : Chapter 168 Personnel--Teachers and Others
1. No person shall be employed to teach in any position in a
public school until he has received a valid certificate of license
entitling him to teach in that position.

2. Teaching in the state of Missouri, performing other related education
duties, school administration, and teacher education are hereby declared
to be professions with all the appropriate rights, responsibilities and
privileges accorded to other recognized professions. (L. 1963 p. 200 §
9-1, A.L. 1984 H.B. 1457 & 1501)

(Source: RSMo 1959 § 168.010)

Effective 9-1-88



1. There is hereby established within the department of
elementary and secondary education, the "Missouri Advisory Council of
Certification for Educators", hereinafter known as the "advisory
council", which shall be composed of twenty-five members to be appointed
by the state board of education on the recommendation of the commissioner
of education. Of the twenty-five members of the council, fifteen must be
active public school classroom teachers.

2. The duties and responsibilities of the advisory council shall include,
but not be limited to:

(1) Making recommendations for the criteria and procedures whereby the
quality and effectiveness of teacher and school administrator education
programs within the state shall be evaluated;

(2) Making recommendations for the requirements for the certification of
public school teachers and administrators;

(3) Making recommendations for the standards for renewal of certificates
for public school teachers and administrators using academic course work
as well as other types of professional development;

(4) Making recommendations concerning rules and regulations with respect
to suspension and revocation of certificates of license to teach;

(5) Requesting and receiving reports from committees consisting of
representatives from various professional groups, qualified in respective
curriculum areas and other specialized areas, to assist in the
formulation of recommendations of the advisory committee to the
commissioner of education with respect to certification of public school
teachers and administrators;

(6) Making recommendations for limiting the issuance of temporary
certificates that are granted to those who do not meet the full
requirements for certification. (L. 1984 H.B. 1457 & 1501)

Effective 7-1-85



1. Certificates of license to teach in the public schools of the
state shall be granted as follows:

(1) By the state board, under rules and regulations prescribed by it,

(a) Upon the basis of college credit;

(b) Upon the basis of examination;

(2) By the state board, under rules and regulations prescribed by the
state board with advice from the advisory council established by section
168.015 to any individual who presents to the state board a valid
doctoral degree from an accredited institution of higher education
accredited by a regional accrediting association such as North Central
Association. Such certificate shall be limited to the major area of
postgraduate study of the holder, shall be issued only after successful
completion of the examination required for graduation pursuant to rules
adopted by the state board of education, and shall be restricted to those
certificates established pursuant to subdivision (1) of subsection 3 of
this section; or

(3) By the state board, which shall issue the professional certificate
classification in both the general and specialized areas most closely
aligned with the current areas of certification approved by the state
board, commensurate with the years of teaching experience of the
applicant, and based upon the following criteria:

(a) Recommendation of a state-approved baccalaureate-level teacher
preparation program;

(b) Successful attainment of the Missouri qualifying score on the exit
assessment for teachers or administrators designated by the state board
of education. Applicants who have not successfully achieved a qualifying
score on the designated examinations will be issued a two-year
nonrenewable provisional certificate; and

(c) Upon completion of a background check and possession of a valid
teaching certificate in the state from which the applicant's teacher
preparation program was completed.

2. All valid teaching certificates issued pursuant to law or state board
policies and regulations prior to September 1, 1988, shall be exempt from
the professional development requirements of this section and shall
continue in effect until they expire, are revoked or suspended, as
provided by law. When such certificates are required to be renewed, the
state board or its designee shall grant to each holder of such a
certificate the certificate most nearly equivalent to the one so held.
Anyone who holds, as of August 28, 2003, a valid PC-I, PC-II, or
continuous professional certificate shall, upon expiration of his or her
current certificate, be issued the appropriate level of certificate based
upon the classification system established pursuant to subsection 3 of
this section.

3. Certificates of license to teach in the public schools of the state
shall be based upon minimum requirements prescribed by the state board of
education. The state board shall provide for the following levels of
professional certification: an initial professional certificate and a
career continuous professional certificate.

(1) The initial professional certificate shall be issued upon completion
of requirements established by the state board of education and shall be
valid based upon verification of actual teaching within a specified time
period established by the state board of education. The state board shall
require holders of the four-year initial professional certificate to:

(a) Participate in a mentoring program approved and provided by the
district for a minimum of two years;

(b) Complete thirty contact hours of professional development, which may
include hours spent in class in an appropriate college curriculum; and

(c) Participate in a beginning teacher assistance program;

(2) (a) The career continuous professional certificate shall be issued
upon verification of completion of four years of teaching under the
initial professional certificate and upon verification of the completion
of the requirements articulated in paragraphs (a), (b), and (c) of
subdivision (1) of this subsection.

(b) The career continuous professional certificate shall be continuous
based upon verification of actual employment in an educational position
as provided for in state board guidelines and completion of fifteen
contact hours of professional development per year which may include
hours spent in class in an appropriate college curriculum. Should the
possessor of a valid career continuous professional certificate fail, in
any given year, to meet the fifteen-hour professional development
requirement, the possessor may, within two years, make up the missing
hours. In order to make up for missing hours, the possessor shall first
complete the fifteen-hour requirement for the current year and then may
count hours in excess of the current year requirement as make-up hours.
Should the possessor fail to make up the missing hours within two years,
the certificate shall become inactive. In order to reactivate the
certificate, the possessor shall complete twenty-four contact hours of
professional development which may include hours spent in the classroom
in an appropriate college curriculum within the six months prior to or
after reactivating his or her certificate. The requirements of this
paragraph shall be monitored and verified by the local school district
which employs the holder of the career continuous professional
certificate.

(c) A holder of a career continuous professional certificate shall be
exempt from the professional development contact hour requirements of
paragraph (b) of this subdivision if such teacher has a local
professional development plan in place within such teacher's school
district and meets two of the three following criteria:

a. Has ten years of teaching experience as defined by the state board of
education;

b. Possesses a master's degree; or

c. Obtains a rigorous national certification as approved by the state
board of education.

4. Policies and procedures shall be established by which a teacher who
was not retained due to a reduction in force may retain the current level
of certification. There shall also be established policies and procedures
allowing a teacher who has not been employed in an educational position
for three years or more to reactivate his or her last level of
certification by completing twenty-four contact hours of professional
development which may include hours spent in the classroom in an
appropriate college curriculum within the six months prior to or after
reactivating his or her certificate.

5. The state board shall, upon an appropriate background check, issue a
professional certificate classification in the areas most closely aligned
with an applicant's current areas of certification, commensurate with the
years of teaching experience of the applicant, to any person who is hired
to teach in a public school in this state and who possesses a valid
teaching certificate from another state, provided that the certificate
holder shall annually complete the state board's requirements for such
level of certification, and shall establish policies by which residents
of states other than the state of Missouri may be assessed a fee for a
certificate license to teach in the public schools of Missouri. Such fee
shall be in an amount sufficient to recover any or all costs associated
with the issuing of a certificate of license to teach.

6. The state board may assess to holders of an initial professional
certificate a fee, to be deposited into the excellence in education
revolving fund established pursuant to section 160.268, RSMo, for the
issuance of the career continuous professional certificate. However, such
fee shall not exceed the combined costs of issuance and any criminal
background check required as a condition of issuance.

7. Any member of the public school retirement system of Missouri who
entered covered employment with ten or more years of educational
experience in another state or states and held a certificate issued by
another state and subsequently worked in a school district covered by the
public school retirement system of Missouri for ten or more years who
later became certificated in Missouri shall have that certificate dated
back to his or her original date of employment in a Missouri public
school. (L. 1963 p. 200 § 9-2, A.L. 1973 H.B. 158, A.L. 1984 H.B. 1457 &
1501, A.L. 1988 S.B. 797, A.L. 1990 H.B. 1142, A.L. 1998 H.B. 1469, A.L.
2000 H.B. 1808, A.L. 2003 S.B. 296)

(Source: RSMo 1959 §§ 168.030, 168.260)



Professional development requirements pursuant to section
168.021 for vocational-technical certification or successor certification
shall include contact hours relating to the specific vocational-technical
subject area for which the educator seeks certification. (L. 2004 S.B.
968 and S.B. 969 § 2)



1. The state board of education may refuse to issue or renew a
certificate, or may, upon hearing, discipline the holder of a certificate
of license to teach for the following causes:

(1) A certificate holder or applicant for a certificate has pleaded to or
been found guilty of a felony or crime involving moral turpitude under
the laws of this state, any other state, of the United States, or any
other country, whether or not sentence is imposed;

(2) The certification was obtained through use of fraud, deception,
misrepresentation or bribery;

(3) There is evidence of incompetence, immorality, or neglect of duty by
the certificate holder;

(4) A certificate holder has been subject to disciplinary action relating
to certification issued by another state, territory, federal agency, or
country upon grounds for which discipline is authorized in this section;
or

(5) If charges are filed by the local board of education, based upon the
annulling of a written contract with the local board of education, for
reasons other than election to the general assembly, without the consent
of the majority of the members of the board that is a party to the
contract.

2. A public school district may file charges seeking the discipline of a
holder of a certificate of license to teach based upon any cause or
combination of causes outlined in subsection 1 of this section, including
annulment of a written contract. Charges shall be in writing, specify the
basis for the charges, and be signed by the chief administrative officer
of the district, or by the president of the board of education as
authorized by a majority of the board of education. The board of
education may also petition the office of the attorney general to file
charges on behalf of the school district for any cause other than
annulment of contract, with acceptance of the petition at the discretion
of the attorney general.

3. The department of elementary and secondary education may file charges
seeking the discipline of a holder of a certificate of license to teach
based upon any cause or combination of causes outlined in subsection 1 of
this section, other than annulment of contract. Charges shall be in
writing, specify the basis for the charges, and be signed by legal
counsel representing the department of elementary and secondary education.

4. If the underlying conduct or actions which are the basis for charges
filed pursuant to this section are also the subject of a pending criminal
charge against the person holding such certificate, the certificate
holder may request, in writing, a delayed hearing on advice of counsel
under the fifth amendment of the Constitution of the United States. Based
upon such a request, no hearing shall be held until after a trial has
been completed on this criminal charge.

5. The certificate holder shall be given not less than thirty days'
notice of any hearing held pursuant to this section.

6. Other provisions of this section notwithstanding, the certificate of
license to teach shall be revoked or, in the case of an applicant, a
certificate shall not be issued, if the certificate holder or applicant
has pleaded guilty to or been found guilty of any of the following
offenses established pursuant to Missouri law or offenses of a similar
nature established under the laws of any other state or of the United
States, or any other country, whether or not the sentence is imposed:

(1) Any dangerous felony as defined in section 556.061, RSMo, or murder
in the first degree;

(2) Any of the following sexual offenses: rape; statutory rape in the
first degree; statutory rape in the second degree; sexual assault;
forcible sodomy; statutory sodomy in the first degree; statutory sodomy
in the second degree; child molestation in the first degree; child
molestation in the second degree; deviate sexual assault; sexual
misconduct involving a child; sexual misconduct in the first degree;
sexual abuse; enticement of a child; or attempting to entice a child;

(3) Any of the following offenses against the family and related
offenses: incest; abandonment of child in the first degree; abandonment
of child in the second degree; endangering the welfare of a child in the
first degree; abuse of a child; child used in a sexual performance;
promoting sexual performance by a child; or trafficking in children; and

(4) Any of the following offenses involving child pornography and related
offenses: promoting obscenity in the first degree; promoting obscenity in
the second degree when the penalty is enhanced to a class D felony;
promoting child pornography in the first degree; promoting child
pornography in the second degree; possession of child pornography in the
first degree; possession of child pornography in the second degree;
furnishing child pornography to a minor; furnishing pornographic
materials to minors; or coercing acceptance of obscene material.

7. When a certificate holder pleads guilty or is found guilty of any
offense that would authorize the state board of education to seek
discipline against that holder's certificate of license to teach, the
local board of education or the department of elementary and secondary
education shall immediately provide written notice to the state board of
education and the attorney general regarding the plea of guilty or
finding of guilty.

8. The certificate holder whose certificate was revoked pursuant to
subsection 6 of this section may appeal such revocation to the state
board of education. Notice of this appeal must be received by the
commissioner of education within ninety days of notice of revocation
pursuant to this subsection. Failure of the certificate holder to notify
the commissioner of the intent to appeal waives all rights to appeal the
revocation. Upon notice of the certificate holder's intent to appeal, an
appeal hearing shall be held by a hearing officer designated by the
commissioner of education, with the final decision made by the state
board of education, based upon the record of that hearing. The
certificate holder shall be given not less than thirty days' notice of
the hearing, and an opportunity to be heard by the hearing officer,
together with witnesses.

9. In the case of any certificate holder who has surrendered or failed to
renew his or her certificate of license to teach, the state board of
education may refuse to issue or renew, or may suspend or revoke, such
certificate for any of the reasons contained in this section.

10. In those cases where the charges filed pursuant to this section are
based upon an allegation of misconduct involving a minor child, the
hearing officer may accept into the record the sworn testimony of the
minor child relating to the misconduct received in any court or
administrative hearing.

11. Hearings, appeals or other matters involving certificate holders,
licensees or applicants pursuant to this section may be informally
resolved by consent agreement or agreed settlement or voluntary surrender
of the certificate of license pursuant to the rules promulgated by the
state board of education.

12. The final decision of the state board of education is subject to
judicial review pursuant to sections 536.100 to 536.140, RSMo.

13. A certificate of license to teach to an individual who has been
convicted of a felony or crime involving moral turpitude, whether or not
sentence is imposed, shall be issued only upon motion of the state board
of education adopted by a unanimous affirmative vote of those members
present and voting. (L. 1963 p. 200 § 9-7, A.L. 1973 H.B. 158, A.L. 1978
H.B. 1634, A.L. 1984 H.B. 1457 & 1501, A.L. 1988 S.B. 797, A.L. 1993 S.B.
202, A.L. 1998 H.B. 1469, A.L. 2002 S.B. 722, A.L. 2003 S.B. 296)

(Source: RSMo 1959 § 168.090)




After September 1, 1988, no person without a valid Missouri
certificate shall:

(1) Engage in the practice of teaching or the performance of education
duties in grades kindergarten through twelve in any public school in the
state;

(2) Act as a school administrator in any public school district, unless
such person obtains a temporary administrator certificate pursuant to
section 168.083. (L. 1963 p. 200 § 9-8, A.L. 1984 H.B. 1457 & 1501, A.L.
2002 S.B. 722)

(Source: RSMo 1959 § 168.020)



1. Any qualified applicant may be granted a temporary
administrator certificate upon joint application with a Missouri public
school district or accredited nonpublic school which establishes a
mentoring program pursuant to subsection 2 of this section. The temporary
administrator certificate is limited to the employing Missouri public
school district or accredited nonpublic school. An applicant for a
temporary administrator certificate may apply for only one area of
certification at a time.

2. The employing Missouri public school district or accredited nonpublic
school shall develop a mentoring program to provide adequate support to
the holder of the temporary administrator certificate to ensure proper
transition into the administrative environment.

3. The temporary administrator certificate of license to teach is valid
for up to one school year. It may be renewed annually for up to four
subsequent years by joint application from the certificate holder and
employing Missouri public school district or accredited nonpublic school
upon demonstration that the applicant is making continuous, measurable
progress toward obtaining a full administrator certificate of license to
teach. The state board of education shall establish specific standards as
to what constitutes making measurable progress toward obtaining a full
administrator certificate; provided that a full administrator certificate
at that grade level shall be required after the fifth year of a temporary
administrator certificate in order to retain administrator certification.

4. Applications for a Missouri temporary administrator certificate shall
be submitted on forms provided and approved by the state board of
education.

5. The state board of education shall promulgate rules and regulations
for the issuance and renewal of temporary administrator certificates. No
rule or portion of a rule promulgated pursuant to the authority of this
section shall become effective unless it has been promulgated pursuant to
chapter 536, RSMo.

6. As used in this section, the term "qualified applicant" shall mean a
person who:

(1) Holds a valid certificate of license to teach in Missouri;

(2) Has a master's degree or is currently enrolled in a master's degree
program; and

(3) Has at least five years of teaching experience in a public school, in
an accredited nonpublic school, or in a combination of such schools at
the grade level for which the temporary administrator certificate is
sought.

7. The provisions of this section shall expire August 28, 2012. (L. 2002
S.B. 722)

Expires 8-28-12



1. In addition to the employment of teachers as provided in
section 168.104, the school board or board of directors of a school
district, except a metropolitan school district, may, at any regular or
special meeting, contract and employ legally certificated teachers not
employed as superintendent of the district and not eligible under section
168.104 to gain permanent status or tenure in the position held within
the school system. The contract shall be made by the order of the board,
shall specify the number of months the employee is to work and the wages
per month to be paid, shall be signed by the employee and the president
of the board, or a facsimile signature of the president may be affixed at
his direction, and the contract shall be attested by the secretary of the
board by signature or facsimile.

2. After the original employment of a certificated employee not employed
as superintendent of the district under this section, his employment
shall continue in the same staff position from year to year subject to
the regulations hereinafter set forth.

3. Each school board having one or more certificated employees as
described in subsection 1 of this section under contract shall notify
each such certificated employee in writing concerning his reemployment in
his present staff position or lack thereof on or before the fifteenth day
of April of the year in which the contract then in force expires. Failure
on the part of a board to give the notice constitutes reemployment on the
same terms and in the same staff position as those provided in the
contract of the current fiscal year; and not later than the fifteenth day
of May of the same year the board shall present a contract to each such
certificated employee notified of reemployment by the district.

4. Any motion regarding reemployment of such certificated employee shall
include only one person and a motion to reemploy shall be made in the
positive sense and a majority of the elected members voting in the
affirmative shall constitute reemployment.

5. Any such certificated employee not employed as superintendent of the
district who receives a contract shall within fifteen days thereafter
present to the employing board a written acceptance or rejection of the
employment tendered and his failure to present the acceptance within such
time constitutes a rejection of the board's offer.

6. If such certificated employee has been reemployed five times within
the district, the school board, if requested in writing by such
certificated employee within ten days after receipt of notice of demotion
or lack of reemployment on the same terms and in the same staff position,
shall make available in writing a statement of reasons for demotion or
lack of reemployment within ten days after receipt of the request. The
board shall grant such certificated employee a hearing if requested in
writing by him within ten days after the receipt of statement of reasons,
the hearing to be held within ten days after the request therefor, and to
be open at the request of the certificated employee. The certificated
employee may have counsel at the hearing, may testify and offer testimony
of witnesses as well as other evidence sustaining his defense and may
cross-examine adverse witnesses.

7. A contract between the board of education and such certificated
employee may be terminated at any time by mutual consent of the
certificated employee and the board.

8. This section shall not affect the employment or reemployment of the
superintendent of schools by a board of education. (L. 1973 H.B. 151 § 1,
A.L. 1990 S.B. 740, A.L. 1992 S.B. 470 & 497)



Sections 168.102 to 168.130 shall be known and may be cited as
the "Teacher Tenure Act" and shall become effective July 1, 1970. (L.
1969 p. 275 § 168.101)

CROSS REFERENCES: Probationary teachers in academically deficient schools
not granted indefinite contract, when, RSMo 160.538 Suspension or
termination of contracts of certificated staff and administrators,
academically deficient schools, when, procedure, RSMo 160.540



The following words and phrases when used in sections 168.102 to
168.130, except in those instances where the context indicates otherwise,
mean:

(1) "Board of education", the school board or board of directors of a
school district, except a metropolitan school district, having general
control of the affairs of the district;

(2) "Demotion", any reduction in salary or transfer to a position
carrying a lower salary, except on request of a teacher, other than any
change in salary applicable to all teachers or all teachers in a
classification;

(3) "Indefinite contract", every contract heretofore or hereafter entered
into between a school district and a permanent teacher;

(4) "Permanent teacher", any teacher who has been employed or who is
hereafter employed as a teacher in the same school district for five
successive years and who has continued or who thereafter continues to be
employed as a teacher by the school district or any supervisor of
teachers who was employed as a teacher in the same school district for at
least five successive years prior to becoming a supervisor of teachers
and who continues thereafter to be employed as a certificated employee by
the school district; except that, when a permanent teacher resigns or is
permanently separated from employment by a school district, and is
afterwards reemployed by the same school district, reemployment for the
first school year does not constitute an indefinite contract but if he is
employed for the succeeding year, the employment constitutes an
indefinite contract; and except that any teacher employed under a
part-time contract by a school district shall accrue credit toward
permanent status on a prorated basis. Any permanent teacher who is
promoted with his consent to a supervisory position including principal
or assistant principal, or is first employed by a district in a
supervisory position including principal or assistant principal, shall
not have permanent status in such position but shall retain tenure in the
position previously held within the district, or, after serving two years
as principal or assistant principal, shall have tenure as a permanent
teacher of that system;

(5) "Probationary teacher", any teacher as herein defined who has been
employed in the same school district for five successive years or less.
In the case of any probationary teacher who has been employed in any
other school system as a teacher for two or more years, the board of
education shall waive one year of his probationary period;

(6) "School district", every school district in this state, except
metropolitan school district as defined in section 162.571, RSMo;

(7) "Teacher", any employee of a school district, except a metropolitan
school district, regularly required to be certified under laws relating
to the certification of teachers, except superintendents and assistant
superintendents but including certified teachers who teach at the
prekindergarten level in a nonmetropolitan public school within a
prekindergarten program in which no fees are charged to parents or
guardians. (L. 1969 p. 275 § 168.102, A.L. 1983 H.B. 815, A.L. 1990 S.B.
740, A.L. 2004 S.B. 968 and S.B. 969, A.L. 2005 H.B. 297 merged with S.B.
266)

CROSS REFERENCE: Sexual contact with a student while on public school
property, crime of, penalty, RSMo 566.086

(1974) Held teacher who was "full time" based on six periods a day for
five years and was employed for sixth year on a five period and five-
sixths pay scale failed to become tenured. Lopez v. Vance (A.), 509
S.W.2d 197.

(1976) Held, that "year" means a school year beginning July 1 and ending
June 30 next following. To qualify, the claimant must have been employed
as a full-time teacher for the necessary number of full school years.
Hirbe v. Hazelwood School District (A.), 532 S.W.2d 848.

(1976) "Year" as used in the teacher tenure act means a school year
commencing July 1 and ending June 30, next following: Valter v. Orchard
Farm School Dist. (Mo.), 541 S.W.2d 550.

(1977) Held, individual school board contract requiring a teaching
certificate does not make employee under the contract a teacher for the
purposes of the teacher tenure act. Hudson v. Marshall (A.), 549 S.W.2d
147.

(1985) Definition of "demotion" means that if the board reduces the pay
of all teachers in one classification, no teacher is demoted by reason of
pay reduction. But it also means that if the board gives raises which are
not applicable to all teachers in one classification, those who did not
get raises are demoted by reason of the pay increase of their fellows.
Vilelle v. Reorganized School District No. R-1 (Mo.App.W.D.), 689 S.W.2d
72.

(1994) Amendment to teacher tenure statute which provides for part-time
teachers to accrue credit toward permanent status did not violate
constitutional prohibition against retrospective laws as it did not
impair vested right or subject past transactions to substantial
prejudice. Dial v. Lathrop R-II School District, 871 S.W.2d 444 (Mo. en
banc).



The contract between a school district and a permanent teacher
shall be known as an indefinite contract and shall continue in effect for
an indefinite period, subject only to:

(1) Compulsory or optional retirement when the teacher reaches the age of
retirement provided by law, or regulation established by the local board
of education;

(2) Modification by a succeeding indefinite contract or contracts in the
manner hereinafter provided;

(3) The death of the teacher;

(4) Resignation of the teacher with the written consent of the school
board;

(5) Termination by the board of education after a hearing as hereinafter
provided; and

(6) The revocation of the teacher's certificate. (L. 1969 p. 275 §
168.103)



1. Every indefinite contract shall contain the following
provisions in substantially the following form:

"It is hereby agreed by and between ......., the teacher, and the Board
of Education of ........ School District, the employer, that the teacher,
beginning on the .... day of ..........., 20..., shall serve in the
employ of the Board of Education and its successors for a term of
........ months (the number of school months of the school year in the
school district) for an annual compensation of $ ....., to be paid to the
teacher in equal installments according to local school board regulations
less the contributions required by law."

"It is further agreed by the parties hereto that this contract shall
continue in force from year to year, until modified or terminated in
accordance with the provisions of sections 168.102 to 168.130, RSMo, and
any amendments thereto prior to the date of this contract."

2. Every indefinite contract shall be made by the order of the board of
education, shall be in writing and shall be signed by the permanent
teacher and the president of the board of education, or a facsimile
signature of the president may be affixed at his direction, and the
contract shall be attested by the secretary of the board of education by
signature or facsimile. (L. 1969 p. 275 § 168.104, A.L. 1992 S.B. 470 &
497)



The board of education of a school district may modify an
indefinite contract annually on or before the fifteenth day of May in the
following particulars:

(1) Determination of the date of beginning and length of the next school
year;

(2) Fixing the amount of annual compensation for the following school
year as provided by the salary schedule adopted by the board of education
applicable to all teachers.

The modifications shall be effective at the beginning of the next school
year. All teachers affected by the modification shall be furnished
written copies of the modifications within thirty days after their
adoption by the board of education. (L. 1969 p. 275 § 168.105, A.L. 1990
S.B. 740)

(1993) The protection of the Teacher Tenure Act extends to only those
provisions in teacher-school district contracts that cover teaching
duties, being only those duties that require a teaching certificate. This
act does not prevent a school board from unilaterally eliminating from a
teacher's contract his extra and extended duties and the pay therefor.
Sadler v. Board of Education of Cabool School District R-4, 851 S.W.2d
707 (Mo. App. S.D.).



An indefinite contract between a permanent teacher and a board
of education may be terminated or modified at any time by the mutual
consent of the parties thereto. Any teacher who desires to terminate his
contract at the end of a school term shall give written notice of his
intention to do so and the reasons therefor not later than June first of
the year in which the term ends. (L. 1969 p. 275 § 168.106, A.L. 1990
S.B. 740)



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. (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, RSMo 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.).



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. (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.



If a hearing is requested on the termination of an indefinite
contract it shall be conducted by the board of education in accordance
with the following provisions:

(1) The hearing shall be public;

(2) Both the teacher and the person filing charges may be represented by
counsel who may cross-examine witnesses;

(3) Testimony at hearings shall be on oath or affirmation administered by
the president of the board of education, who for the purpose of hearings
held under sections 168.102 to 168.130 shall have the authority to
administer oaths;

(4) The school board shall have the power to subpoena witnesses and
documentary evidence as provided in section 536.077, RSMo, and shall do
so on its own motion or at the request of the teacher against whom
charges have been made. The school board shall hear testimony of all
witnesses named by the teacher; however, the school board may limit the
number of witnesses to be subpoenaed on behalf of the teacher to not more
than ten;

(5) The board of education shall employ a stenographer who shall make a
full record of the proceedings of the hearings and who shall, within ten
days after the conclusion thereof, furnish the board of education and the
teacher, at no cost to the teacher, with a copy of the transcript of the
record, which shall be certified by the stenographer to be complete and
correct. The transcript shall not be open to public inspection, unless
the hearing on the termination of the contract was an open hearing or if
an appeal from the decision of the board is taken by the teacher;

(6) All costs of the hearing shall be paid by the school board except the
cost of counsel for the teacher;

(7) The decision of the board of education resulting in the demotion of a
permanent teacher or the termination of an indefinite contract shall be
by a majority vote of the members of the board of education and the
decision shall be made within seven days after the transcript is
furnished them. A written copy of the decision shall be furnished the
teacher within three days thereafter. (L. 1969 p. 275 § 168.109)

(1974) Court rejected proposition that a breach of rules regarding
sabbatical leave constituted an abandonment of his contract by a teacher
and waived due process requirement of hearing. Lindberg School Dist. v.
Syrewicz (A.), 516 S.W.2d 507.



1. The teacher shall have the right to appeal from the decision
of the board of education to the circuit court of the county where the
employing school district is located. The appeal shall be taken within
fifteen days after service of a copy of the decision of the board of
education upon the teacher, and if an appeal is not taken within the
time, then the decision of the board of education shall become final.

2. The appeal may be taken by filing notice of appeal with the board of
education, whereupon the board of education, under its certificate, shall
forward to the court all documents and papers on file in the matter,
together with a transcript of the evidence, the findings and the decision
of the board of education, which shall thereupon become the record of the
cause. Such appeal shall be heard as provided in chapter 536, RSMo.

3. Appeals from the circuit court shall be allowed in the same manner as
in civil actions, except that the original transcript prepared and filed
in the circuit court by the board of education, together with a
transcript of the proceedings had in the circuit court, shall constitute
the transcript on appeal in the appellate court. The board of education
shall make available, to the parties, copies of any transcript prepared
and filed by it in the circuit court and upon final determination of the
cause in the appellate court the original record of the board of
education filed as a part of the transcript on appeal shall be certified
back to the board of education by the appellate court. In all appeals
from the board of education or circuit court the costs thereof shall be
assessed against the losing party as provided by law in civil cases. All
appeals to the circuit court and appellate courts shall have precedence
over all cases except election contests.

4. If the circuit court finds for the teacher, he shall be restored to
permanent teacher status and shall receive compensation for the period
during which he may have been suspended from work, and such other relief
as may be granted by the court. (L. 1969 p. 275 § 168.110)



A board of education may establish policies for granting leave
of absence including sabbatical leave, maternity leave, sick leave, and
military leave. The board of education of a school district may, upon the
written request of a teacher, and for good cause shown, grant a leave of
absence or place him on a part-time teaching schedule for a period of one
year, subject to renewal from year to year. Leaves and military service
shall not be counted as continuous full-time service in computing tenure
but shall not impair the tenure previously acquired by teacher under
sections 168.102 to 168.130 nor affect any credit toward tenure
previously earned. Any teacher under sections 168.102 to 168.130 who is
called into active military service with the armed forces of the United
States is eligible for reinstatement upon his discharge from said service
without loss of tenure. Any permanent teacher employed on a part-time
basis, whether at his request or not, shall retain permanent status. Any
probationary teacher employed on a part-time basis, whether at his
request or not, shall retain all credit earned toward permanent status
and shall continue to earn credit on a pro rata basis toward permanent
status. (L. 1969 p. 275 § 168.111, A.L. 1990 S.B. 740)



1. The board of education of a school district may place on
leave of absence as many teachers as may be necessary because of a
decrease in pupil enrollment, school district reorganization or the
financial condition of the school district. In placing teachers on leave,
the board of education shall be governed by the following provisions:

(1) No permanent teacher shall be placed on leave of absence while
probationary teachers are retained in positions for which a permanent
teacher is qualified;

(2) Permanent teachers shall be retained on the basis of
performance-based evaluations and seniority (however, seniority shall not
be controlling) within the field of specialization;

(3) Permanent teachers shall be reinstated to the positions from which
they have been given leaves of absence, or if not available, to positions
requiring like training and experience, or to other positions in the
school system for which they are qualified by training and experience;

(4) No appointment of new teachers shall be made while there are
available teachers on unrequested leave of absence who are properly
qualified to fill such vacancies;

(5) A teacher placed on leave of absence may engage in teaching or
another occupation during the period of such leave;

(6) The leave of absence shall not impair the tenure of a teacher;

(7) The leave of absence shall continue for a period of not more than
three years unless extended by the board.

2. Should a board of education choose to utilize the mechanism for
reducing teacher forces as provided in subsection 1 of this section in an
attempt to manage adverse financial conditions caused at least partially
by a withholding of, or a decrease or less than expected increase in,
education appropriations, then the district additionally shall follow the
provisions of subsection 3 of this section.

3. If a school district has an unrestricted combined ending fund balance
of more than ten percent of current expenditures in its teachers' and
incidental funds, and in the subsequent fiscal year such district,
because of state appropriations, places a contracted teacher on leave of
absence after forty days subsequent to the governor signing the
elementary and secondary education appropriation bill, the district shall
pay the affected teacher the greater of his or her salary for any days
worked under the contract, or a sum equal to three thousand dollars. (L.
1969 p. 275 § 168.112, A.L. 1983 H.B. 38 & 783, A.L. 1984 H.B. 1456 &
1197, A.L. 1993 S.B. 49, A.L. 2004 S.B. 968 and S.B. 969)



1. A board of education at a regular or special meeting may
contract with and employ by a majority vote legally qualified
probationary teachers for the school district. The contract shall be made
by order of the board; shall specify the number of months school is to be
taught and the wages per month to be paid; shall be signed by the
probationary teacher and the president of the board, or a facsimile
signature of the president may be affixed at his discretion; and the
contract shall be attested by the secretary of the board by signature or
facsimile. The board shall not employ one of its members as a teacher;
nor shall any person be employed as a teacher who is related within the
fourth degree to any board member, either by consanguinity or affinity,
where the vote of the board member is necessary to the selection of the
person.

2. If in the opinion of the board of education any probationary teacher
has been doing unsatisfactory work, the board of education, through its
authorized administrative representative, shall provide the teacher with
a written statement definitely setting forth his alleged incompetency and
specifying the nature thereof, in order to furnish the teacher an
opportunity to correct his fault and overcome his incompetency. If
improvement satisfactory to the board of education has not been made
within ninety days of the receipt of the notification, the board of
education may terminate the employment of the probationary teacher
immediately or at the end of the school year. Any motion to terminate the
employment of a probationary teacher shall include only one person and
must be approved by a majority of the members of the board of education.
A tie vote thereon constitutes termination. On or before the fifteenth
day of April in each school year, the board of education shall notify in
writing a probationary teacher who will not be retained by the school
district of the termination of his employment. Upon request, the notice
shall contain a concise statement of the reason or reasons the employment
of the probationary teacher is being terminated. If the reason for the
termination is due to a decrease in pupil enrollment, school district
reorganization, or the financial condition of the school district, then
the district shall in all cases issue notice to the teacher expressly
declaring such as the reason for such termination. Nothing contained in
this section shall give rise to a cause of action not currently cognizant
at law by a probationary teacher for any reason given in said writing so
long as the board issues the letter in good faith without malice, but an
action for actual damages may be maintained by any person for the
deprivation of a right conferred by this act.

3. Any probationary teacher who is not notified of the termination of his
employment shall be deemed to have been appointed for the next school
year, under the terms of the contract for the preceding year. A
probationary teacher who is informed of reemployment by written notice
shall be tendered a contract on or before the fifteenth day of May, and
shall within fifteen days thereafter present to the employing board of
education a written acceptance or rejection of the employment tendered,
and failure of such teachers to present the acceptance within such time
constitutes a rejection of the board's offer. A contract between a
probationary teacher and a board of education may be terminated or
modified at any time by the mutual consent of the parties thereto. (L.
1969 p. 275 § 168.113, A.L. 1983 H.B. 38 & 783, A.L. 1990 S.B. 740, A.L.
1992 S.B. 470 & 497, A.L. 2004 S.B. 968 and S.B. 969)



The board of education of each school district shall maintain
records showing periods of service, dates of appointment, and other
necessary information for the enforcement of sections 168.102 to 168.130.
In addition, the board of education of each school district shall cause a
comprehensive, performance-based evaluation for each teacher employed by
the district. Such evaluations shall be ongoing and of sufficient
specificity and frequency to provide for demonstrated standards of
competency and academic ability. All evaluations shall be maintained in
the teacher's personnel file at the office of the board of education. A
copy of each evaluation shall be provided to the teacher and appropriate
administrator. The state department of elementary and secondary education
shall provide suggested procedures for such an evaluation. (L. 1969 p.
275 § 168.114, A.L. 1983 H.B. 38 & 783)



No member of a board of education or duly designated
administrative officer of a board of education shall be liable in a civil
action based on a statement of charges against a school teacher. (L. 1969
p. 275 § 168.115)



No teacher shall take part in the management of the campaign for
the election or defeat of members of a board of education by which he is
employed. Any teacher who violates the provisions of this section shall
be subject to termination of his employment by the district with the
right of a hearing and appeal as heretofore provided. (L. 1969 p. 275 §
168.116)



1. The school district shall ensure that a criminal background
check is conducted on any person employed after January 1, 2005,
authorized to have contact with pupils and prior to the individual having
contact with any pupil. Such persons include, but are not limited to,
administrators, teachers, aides, paraprofessionals, assistants,
secretaries, custodians, cooks, and nurses. The school district shall
also ensure that a criminal background check is conducted for school bus
drivers. The district may allow such drivers to operate buses pending the
result of the criminal background check. For bus drivers, the background
check shall be conducted on drivers employed by the school district or
employed by a pupil transportation company under contract with the school
district.

2. In order to facilitate the criminal history background check on any
person employed after January 1, 2005, the applicant shall submit two
sets of fingerprints collected pursuant to standards determined by the
Missouri highway patrol. One set of fingerprints shall be used by the
highway patrol to search the criminal history repository and the family
care safety registry pursuant to sections 210.900 to 210.936, RSMo, and
the second set shall be forwarded to the Federal Bureau of Investigation
for searching the federal criminal history files.

3. The applicant shall pay the fee for the state criminal history record
information pursuant to section 43.530, RSMo, and sections 210.900 to
210.936, RSMo, and pay the appropriate fee determined by the Federal
Bureau of Investigation for the federal criminal history record when he
or she applies for a position authorized to have contact with pupils
pursuant to this section. The department shall distribute the fees
collected for the state and federal criminal histories to the Missouri
highway patrol.

4. The school district may adopt a policy to provide for reimbursement of
expenses incurred by an employee for state and federal criminal history
information pursuant to section 43.530, RSMo.

5. If, as a result of the criminal history background check mandated by
this section, it is determined that the holder of a certificate issued
pursuant to section 168.021 has pled guilty or nolo contendere to, or
been found guilty of a crime or offense listed in section 168.071, or a
similar crime or offense committed in another state, the United States,
or any other country, regardless of imposition of sentence, such
information shall be reported to the department of elementary and
secondary education.

6. Any school official making a report to the department of elementary
and secondary education in conformity with this section shall not be
subject to civil liability for such action.

7. Nothing in this section shall be construed to alter the standards for
suspension, denial, or revocation of a certificate issued pursuant to
this chapter.

8. The state board of education may promulgate rules for criminal history
background checks made pursuant to this section. Any rule or portion of a
rule, as that term is defined in section 536.010, RSMo, that is created
under the authority delegated in this section shall become effective only
if it complies with and is subject to all of the provisions of chapter
536, RSMo, and, if applicable, section 536.028, RSMo. This section and
chapter 536, RSMo, are nonseverable and if any of the powers vested with
the general assembly pursuant to chapter 536, RSMo, to review, to delay
the effective date, or to disapprove and annul a rule are subsequently
held unconstitutional, then the grant of rulemaking authority and any
rule proposed or adopted after January 1, 2005, shall be invalid and
void. (L. 2004 H.B. 1453 § 168.283, A.L. 2005 H.B. 487)

Effective 7-6-05



It is unlawful for any school board or any member or employee of
a school board to solicit or to receive any money from any teacher
employed by their district for the purpose of paying tuition or any other
expenses of the operation of schools. It is unlawful for any teacher to
contribute or to agree to contribute any portion of his salary to his
school board, or any member, or employee thereof, for the purposes stated
above. Any person who violates the provisions of this section is guilty
of a misdemeanor and, upon conviction, shall be punished by a fine of not
to exceed one thousand dollars or by imprisonment for not more than one
year or by both fine and imprisonment. (L. 1963 p. 200 § 9-15)

(Source: RSMo 1959 § 163.380)

CROSS REFERENCE: Exception to prohibition, certain districts, RSMo 167.151



Each school board employing thirty or more teachers may employ a
supervisor of physical education for the schools under its jurisdiction
whose qualifications for service shall be established by the state board
of education. The supervisor of physical education, under the direction
of the superintendent of schools of the district, shall supervise the
teaching of all subjects related to physical education and the physical
well-being of the children under his charge, direct the supervised play
and gymnastics in the schools and control school athletics. School boards
employing thirty or more teachers may employ, or otherwise provide or
secure the service of, a supervisor of health and of one or more school
nurses, who shall serve under the administration of the superintendent of
schools of the district. If the supervisor of physical education is
qualified to perform the duties of supervisor of health, he may perform
the duties of both offices. All duties performed by the supervisor of
health or the school nurses shall be performed with the advice and
cooperation of the director of the state department of health and senior
services. (L. 1963 p. 200 § 9-17)

(Source: RSMo 1959 § 163.270)



The school board in every school district containing a city
which has a population of not less than ten thousand inhabitants may:

(1) Employ the clerical help and telephone service which the board, in
its judgment, deems necessary to administer the affairs of the public
school system in the school district.

(2) Employ a business manager for the school district, at a salary to be
fixed by the board for a term of not to exceed four years unless sooner
removed for cause by the board, who shall, under the direction of the
board, perform the duties delegated to him by the board relating to the
business management of the school district. Under the direction of the
board he shall have charge of the purchasing of all supplies and
materials for the repair and maintenance of the school buildings and
other buildings owned by the school district and the upkeep of all
buildings and grounds of the school district. He shall, as far as
possible, relieve the superintendent of schools of the business
management of the school district, now delegated to superintendents of
the school districts by school boards, so as to enable the superintendent
to devote his full time to educational matters within the school
district. The business manager shall at all times be subject to the
direction and supervision of the school board in all duties he performs.
(L. 1963 p. 200 § 9-18)

(Source: RSMo 1959 § 165.153)



In all counties of the first class except counties of the first
class not having a charter form of government, any board of education,
other than boards in urban districts, in charge of a public school system
maintaining a classified high school, previously approved by the state
board of education, and employing a superintendent devoting his full time
to supervisory and administrative work, may employ and enter into
contract with a superintendent of schools for the school district for a
period of not to exceed three years. This law shall not invalidate or
repeal any other law of this state relating to the employment of
teachers, principals or superintendents of public schools. (L. 1963 p.
200 § 9-19, A.L. 1973 H.B. 158)

(Source: RSMo 1959 § 165.147)

Effective 7-1-74



The board of education in all districts except metropolitan
districts may employ and contract with a superintendent for a term not to
exceed three years from the time of making the contract, and may employ
such other servants and agents as it deems necessary, and prescribe their
powers, duties, compensation and term of office or employment which shall
not exceed three years. It shall provide and keep a corporate seal. (L.
1963 p. 200 § 9-20, A.L. 1973 H.B. 158)

(Source: RSMo 1959 § 165.387)

Effective 7-1-74



1. In metropolitan districts the superintendent of schools shall
be appointed by the board of education for a term of one to five years,
during which term his compensation shall not be reduced. The
superintendent of schools may appoint, with the approval of the board, a
treasurer, a commissioner of school buildings and he shall serve at the
pleasure of the superintendent of schools and as many associate and
assistant superintendents as he deems necessary, whose compensation shall
be fixed by the board. The superintendent of schools shall give bond in
the sum that the board requires but not less than fifty thousand dollars.
No employee or agent of the board shall be a member of the board.

2. The superintendent of schools shall have general supervision, subject
to policies established by the board, of the school system, including its
various departments and physical properties, courses of instruction,
discipline and conduct of the schools, textbooks and studies. All
appointments, promotions and transfers of teachers and all other
employees, and introduction and changes of textbooks and apparatus, shall
be made by the superintendent with the approval of the board. All
appointments and promotions of teachers and all other employees shall be
made upon the basis of merit, to be ascertained, as far as practicable,
in cases of appointment, by examination, and in cases of promotion, by
length and character of service. Examinations for appointment shall be
conducted by the superintendent under regulations to be made by the
board. He shall make such reports to the board that it directs or the
rules provide.

3. The superintendent of schools shall have general supervision, subject
to policies established by the board, of all school buildings, apparatus,
equipment and school grounds and of their construction, installation,
operation, repair, care and maintenance; the purchasing of all supplies
and equipment; the operation of the school lunchrooms; the administration
of examinations for the appointment and promotion of all employees of the
school system; and the preparation and administration of the annual
budget for the school system. Subject to the approval of the board of
education as to number and salaries, the superintendent may appoint as
many employees as are necessary for the proper performance of his duties.

4. The board may grant a leave of absence to the superintendent of
schools, and may remove him from office by vote of a majority of its
members.

5. Should the superintendent hire a commissioner of school buildings,
said person shall be a person qualified by reason of education,
experience and general familiarity with buildings and personnel to assume
the following responsibilities and duties. Subject to the control of the
superintendent of schools, he shall exercise supervision over all school
buildings, machinery, heating systems, equipment, school grounds and
other buildings and premises of the board of education and the
construction, installation, operation, repair, care and maintenance
related thereto and the personnel connected therewith; the purchasing of
building supplies and equipment and such other duties as may be assigned
to him by board rules or regulations. (L. 1963 p. 200 § 9-21, A.L. 1967
p. 238, A.L. 1995 S.B. 413, A.L. 2004 S.B. 968 and S.B. 969, A.L. 2005
H.B. 297 merged with S.B. 298)

(Source: RSMo 1959 § 165.587)



1. The first five years of employment of all teachers entering
the employment of the metropolitan school district shall be deemed a
period of probation during which period all appointments of teachers
shall expire at the end of each school year. During the probationary
period any probationary teacher whose work is unsatisfactory shall be
furnished by the superintendent of schools with a written statement
setting forth the nature of his incompetency. If improvement satisfactory
to the superintendent is not made within one semester after the receipt
of the statement, the probationary teacher shall be dismissed. The
semester granted the probationary teacher in which to improve shall not
in any case be a means of prolonging the probationary period beyond five
years and six months from the date on which the teacher entered the
employ of the board of education. The superintendent of schools on or
before the fifteenth day of April in each year shall notify probationary
teachers who will not be retained by the school district of the
termination of their services. Any probationary teacher who is not so
notified shall be deemed to have been appointed for the next school year.
Any principal who prior to becoming a principal had attained permanent
employee status as a teacher shall upon ceasing to be a principal have a
right to resume his or her permanent teacher position with the time
served as a principal being treated as if such time had been served as a
teacher for the purpose of calculating seniority and pay scale. The
rights and duties and remuneration of a teacher who was formerly a
principal shall be the same as any other teacher with 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 any one or
more causes herein described and to the right of the board to terminate
the services of all who attain the age of compulsory retirement fixed by
the retirement system. In determining the duration of the probationary
period of employment in this section specified, the time of service
rendered as a substitute teacher shall not be included.

3. No teacher whose appointment has become permanent may be removed
except for one or more of the following causes: immorality, inefficiency
in line of duty, violation of the published regulations of the school
district, violation of the laws of Missouri governing the public schools
of the state, or physical or mental condition which incapacitates him for
instructing or associating with children, and then only by a vote of not
less than a majority of all the members of the board, upon written
charges presented by the superintendent of schools, to be heard by the
board after thirty days' notice, with copy of the charges served upon the
person against whom they are preferred, who shall have the privilege of
being present, together with counsel, offering evidence and making
defense thereto. Notifications received by an employee during a vacation
period shall be considered as received on the first day of the school
term following. At the request of any person so charged the hearing shall
be public. The action and decision of the board upon the charges shall be
final. Pending the hearing of the charges, the person charged may be
suspended if the rules of the board so prescribe, but in the event the
board does not by a majority vote of all the members remove the teacher
upon charges presented by the superintendent, the person shall not suffer
any loss of salary by reason of the suspension. Inefficiency in line of
duty is cause for dismissal only after the teacher has been notified in
writing at least one semester prior to the presentment of charges against
him by the superintendent. The notification shall specify the nature of
the inefficiency with such particularity as to enable the teacher to be
informed of the nature of his inefficiency.

4. No teacher whose appointment has become permanent shall be demoted nor
shall his salary be reduced unless the same procedure is followed as
herein stated for the removal of the teacher because of inefficiency in
line of duty, and any teacher whose salary is reduced or who is demoted
may waive the presentment of charges against him by the superintendent
and a hearing thereon by the board. The foregoing provision shall apply
only to permanent teachers prior to the compulsory retirement age under
the retirement system. Nothing herein contained shall in any way restrict
or limit the power of the board of education to make reductions in the
number of teachers or principals, or both, because of insufficient funds,
decrease in pupil enrollment, or abolition of particular subjects or
courses of instruction, except that the abolition of particular subjects
or courses of instruction shall not cause those teachers who have been
teaching the subjects or giving the courses of instruction to be placed
on leave of absence as herein provided who are qualified to teach other
subjects or courses of instruction, if positions are available for the
teachers in the other subjects or courses of instruction.

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

6. If any regulation which deals with the promotion of either teachers is
amended by increasing the qualifications necessary to be met before a
teacher is eligible for promotion, the amendment shall fix an effective
date which shall allow a reasonable length of time within which teachers
may become qualified for promotion under the regulations. (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)

(Source: RSMo 1959 § 165.590)

(1984) Statute authorizing leaves of absence for probationary teachers
deals with layoffs; it does not deal with nonrenewal of contracts.
Nonrenewal is covered by separate statute. St. Louis Teachers Union v.
St. Louis Bd. of Ed. (Mo. App.), 666 S.W.2d 25.

(1996) Semester means a period of time equal to one calendar semester.
Soward v. Mahan, 926 S.W.2d (Mo.App.E.D.).

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



1. If the responsibility for teaching all or any group of
students in a special school district located in a county of the first
classification with a charter form of government and population of at
least nine hundred thousand inhabitants is transferred or removed to one
or more separate school districts by vote of the citizens, dissolution,
annexation, court action, or any other authority under Missouri or
federal laws, the latter school district or districts shall become the
receiving or successor school district or districts.

2. The successor school district or districts shall honor the provisions
of all teachers' contracts of teachers of the sending or prior school
district who are employed by the successor school district pertaining to
the tenure status or years of credit toward tenure or both of said
teachers and their salary position on the salary schedule and fringe
benefits.

3. This section shall only apply to the transfer of an* academic, special
education, vocational education or technical education program or
athletic program from one school district identified in subsection 1 of
this section to one or more separate school districts.

4. Nothing in this section shall be construed to require a successor
district to employ any person. (L. 1998 S.B. 781 § 168.231)

*Word "a" appears in original rolls.



1. All employees of a metropolitan school district shall be
appointed and promoted under rules and regulations prescribed by the
board of education of the school district. The rules shall be
complementary to the provisions of sections 168.251 to 168.291 as to the
removal, discharge, suspension without pay or demotion of permanent
employees and not in derogation thereof. The word "employee" or
"employees" as used in this section means all employees, male or female,
except certificated employees.

2. All appointments and promotions of noncertificated employees shall be
made in the case of appointment by examination, and in case of promotion
by length and character of service. Examinations for appointments shall
be conducted by the director of personnel under regulations to be made by
the board. (L. 1963 p. 200 § 9-25)

(Source: L. 1961 p. 354 §§ 1, 3)



A director of personnel may be appointed by the superintendent
of schools subject to the approval of the board of education of the
metropolitan school district. The director of personnel shall be a member
of a personnel committee representing certificated and noncertificated
employees, the committee to be appointed in the manner that the rules of
the board of education provide. (L. 1963 p. 200 § 9-26, A.L. 1967 p. 238,
A.L. 2005 H.B. 297 merged with S.B. 298)

(Source: L. 1961 p. 354 § 2)



The first year of employment of all employees covered by
sections 168.251 to 168.291 shall be deemed a period of probation. During
the probationary period, any probationary employee whose work is found to
be unsatisfactory shall be furnished a written statement by the
administrative officer of the department in which he is employed, setting
forth the nature of his unsatisfactory work or incompetency and a copy of
the statement shall be filed with the personnel director. If improvement
satisfactory to the administrative officer of the department is not made
within one month after the receipt of the statement, the probationary
employee shall be discharged. (L. 1963 p. 200 § 9-27)

(Source: L. 1961 p. 354 § 4)



1. After completion of satisfactory probationary service,
appointments of employees shall become permanent subject to removal for
any one or more causes herein described as well as to the right of the
board to terminate services of all who attain the age of compulsory
retirement fixed by the retirement system.

2. (1) No employee whose appointment has become permanent may be removed,
aside from compulsory retirement, except for one or more of the following
causes: immorality, felony conviction of a crime under any state or
federal criminal statute, inefficiency or incompetency in line of duty,
violation of the published regulations of the school district, violation
of the laws of Missouri governing the public schools of the state, or
that his physical or mental condition is such that it incapacitates him
from properly performing his duties or from properly associating with
children, and then only after the personnel director has given written
notice to the employee by registered mail with return receipt of his
suspension and proposed discharge. The registered letter is to notify the
employee:

(a) Of the charges on which the suspension and proposed discharge is
based;

(b) Of the date, time, and place of the hearing of the charges by the
personnel committee;

(c) Of the employee's right to be present at the hearing and to have
counsel or other representative of his choice;

(d) Of his right to testify and to offer testimony of witnesses as well
as other evidence sustaining his defense, and to cross-examine adverse
witnesses and to generally conduct a defense;

(e) And of the necessity, in order for him to avail himself of the
aforesaid opportunity to defend himself against the charges, that he
notify the personnel director in writing, at least three days before the
date of the hearing, of his intention to offer the defense.

(2) The hearing of the committee is to be held not less than ten nor more
than fifteen days after the mailing date of the notice of hearing to the
employee, except by mutual agreement of the committee and the employee.
Failure of the employee to give the three days' notice in writing of his
election to defend, or having given the notice, failure of the employee
to appear at the hearing, shall each be considered by the committee as an
admission of the truth of the charges and the committee may rule
accordingly. The committee may, in its discretion, to avoid undue
hardship, and upon a sufficient showing by the employee of valid and
cogent reasons for his failure to notify the committee of his election to
defend, or of his subsequent failure to appear at the hearing, reset the
hearing in the same manner as before.

(3) Upon conducting the hearing of the charges, or if no defense is
offered, upon considering the charges, the personnel committee by
majority vote shall make its decision as soon as practicable and shall
immediately thereafter notify the employee of its decision by registered
mail. The committee may rule

(a) That the employee's suspension was justified and that he is
discharged with loss of pay as of the date of his suspension;

(b) That the suspension was unjustified and no grounds calling for his
discharge have been proven and that the employee shall immediately be
restored to his former position without any loss of pay;

(c) That the proven charges are of such a nature that they can be removed
or remedied by transferring the employee to a different position, grade,
classification, school or building in which case the employee shall lose
no pay during his suspension prior to the committee's decision;

(d) Or the committee may make any ruling, less severe than that of
discharge, which the committee may deem meet and just under the
circumstances including suspension with the loss of pay. The decision of
the personnel committee shall be final; provided, however, that upon the
request of the employee affected the board shall review the record of the
proceedings before the personnel committee and may, in its discretion,
grant the employee a hearing before the board. Upon hearing the board may
affirm, rescind or modify the decision of the committee and make any
other orders in connection therewith that are appropriate under the
circumstances.

3. No employee whose appointment has become permanent shall be suspended
without pay, nor be demoted nor shall his salary be reduced unless the
same procedure is followed as herein stated for the removal of the
employee because of inefficiency in line of duty, and any employee whose
salary is reduced or who is demoted may waive the presentment of charges
against him and a hearing thereon by the committee. Nothing herein shall
in any way restrict or limit the powers of the board of education to make
reductions in the number of employees because of insufficient funds or
decrease in pupil enrollment or lack of work. (L. 1963 p. 200 § 9-28,
A.L. 2005 S.B. 287)

(Source: L. 1961 p. 354 §§ 5, 6, 7)

*Effective 7-1-06

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



1. After completion of satisfactory probationary service,
appointments of employees shall become permanent subject to removal for
any one or more causes herein described as well as to the right of the
board to terminate services of all who attain the age of compulsory
retirement fixed by the retirement system.

2. (1) No employee whose appointment has become permanent may be removed,
aside from compulsory retirement, except for one or more of the following
causes: Immorality, inefficiency in line of duty, violation of the
published regulations of the school district, violation of the laws of
Missouri governing the public schools of the state, or that his physical
or mental condition is such that it incapacitates him from properly
performing his duties or from properly associating with children, and
then only after the personnel director has given written notice to the
employee, by registered mail with return receipt of his suspension and
proposed discharge. The registered letter is to notify the employee

(a) Of the charges on which the suspension and proposed discharge is
based;

(b) Of the date, time, and place of the hearing of the charges by the
personnel committee;

(c) Of the employee's right to be present at the hearing and to have
counsel or other representative of his choice;

(d) Of his right to testify and to offer testimony of witnesses as well
as other evidence sustaining his defense, and to cross-examine adverse
witnesses and to generally conduct a defense;

(e) And of the necessity, in order for him to avail himself of the
aforesaid opportunity to defend himself against the charges, that he
notify the personnel director in writing, at least three days before the
date of the hearing, of his intention to offer the defense.

(2) The hearing of the committee is to be held not less than ten nor more
than fifteen days after the mailing date of the notice of hearing to the
employee, except by mutual agreement of the committee and the employee.
Failure of the employee to give the three days' notice in writing of his
election to defend, or having given the notice, failure of the employee
to appear at the hearing, shall each be considered by the committee as an
admission of the truth of the charges and the committee may rule
accordingly. The committee may, in its discretion, to avoid undue
hardship, and upon a sufficient showing by the employee of valid and
cogent reasons for his failure to notify the committee of his election to
defend, or of his subsequent failure to appear at the hearing, reset the
hearing in the same manner as before.

(3) Upon conducting the hearing of the charges, or if no defense is
offered, upon considering the charges, the personnel committee by
majority vote shall make its decision as soon as practicable and shall
immediately thereafter notify the employee of its decision by registered
mail. The committee may rule

(a) That the employee's suspension was justified and that he is
discharged with loss of pay as of the date of his suspension;

(b) That the suspension was unjustified and no grounds calling for his
discharge have been proven and that the employee shall immediately be
restored to his former position without any loss of pay;

(c) That the proven charges are of such a nature that they can be removed
or remedied by transferring the employee to a different position, grade,
classification, school or building in which case the employee shall lose
no pay during his suspension prior to the committee's decision;

(d) Or the committee may make any ruling, less severe than that of
discharge, which the committee may deem meet and just under the
circumstances including suspension with the loss of pay. The decision of
the personnel committee shall be final; provided, however, that upon the
request of the employee affected the board shall review the record of the
proceedings before the personnel committee and may, in its discretion,
grant the employee a hearing before the board. Upon hearing the board may
affirm, rescind or modify the decision of the committee and make any
other orders in connection therewith that are appropriate under the
circumstances.

3. No employee whose appointment has become permanent shall be suspended
without pay, nor be demoted nor shall his salary be reduced unless the
same procedure is followed as herein stated for the removal of the
employee because of inefficiency in line of duty, and any employee whose
salary is reduced or who is demoted may waive the presentment of charges
against him and a hearing thereon by the committee. Nothing herein shall
in any way restrict or limit the powers of the board of education to make
reductions in the number of employees because of insufficient funds or
decrease in pupil enrollment or lack of work. (L. 1963 p. 200 § 9-28)

(Source: L. 1961 p. 354 §§ 5, 6, 7)

*This section was amended by S.B. 287, 2005, effective 7-1-06 Consult
RSMo 2000 for existing section.

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



Whenever it is necessary to decrease the number of employees
because of insufficient funds or decrease in pupil enrollment or lack of
work the board of education may cause the necessary number of employees,
beginning with those serving probationary periods, to be placed on leave
of absence without pay, but only in the inverse order of their
appointment. Each employee placed on leave of absence shall be reinstated
in inverse order of his placement on leave of absence. Such reemployment
shall not result in a loss of status or credit for previous periods of
service. No new appointments shall be made while there are available
employees on leave of absence who have not attained the age of seventy
years and who are adequately qualified to fill the vacancy in the
particular department unless the employees fail to advise the board
within thirty days from date of notification by the board that positions
are available to them, that they will return to employment, and will
assume the duties of the position to which they are appointed not later
than the beginning of the month following the date of the notice by the
board. (L. 1963 p. 200 § 9-29)

(Source: L. 1961 p. 354 § 8)



1. Every school district in this state including special school
districts may adopt policies and regulations providing for deductions
from the compensation of the district's employees whenever a request to
do so is presented to the board by a group of ten or more employees.

2. Deductions shall be made from compensation earned by the employee and
shall be remitted to the appropriate company, association, or
organization as authorized by the employee within fifteen days following
the deduction.

3. Deductions may be made for, but not limited to, the following: credit
unions, tax sheltered annuities, individual retirement accounts,
membership dues, voluntary contributions, or group insurance premiums.

4. A board of education when deducting amounts from the compensation of
employees as directed by the employee shall not be liable for any good
faith error.

5. The school board shall determine the cost of compliance with this
section and shall deduct, in addition to the amount to be paid to any
entity for which deduction is authorized, the cost of compliance with the
request of the employee.

6. The various subsections of this section shall be deemed severable and
if a subsection of this section is declared invalid or unconstitutional,
then such declaration shall not affect the remaining subsections. (L.
1983 H.B. 815 § 3)



The state board of education shall adopt rules to facilitate
job-sharing positions for classroom teachers, as the term "job-sharing"
is defined in this section. These rules shall provide that a classroom
teacher in a job-sharing position shall receive paid legal holidays,
annual vacation leave, sick leave, and personal leave on a pro rata
basis. "Job- sharing position" shall mean any position:

(1) Shared with one other employee;

(2) Requiring employment of at least seventeen hours per week but not
more than twenty hours per week on a regular basis; and

(3) Requiring at least seventy percent of all time spent in classroom
instruction as determined by the employer;

provided that, job-sharing position shall not include instructional
support or school services positions including, but not limited to,
guidance counselor, media coordinator, psychologist, social worker,
audiologist, speech and language pathologist, and nursing positions. (L.
2003 H.B. 152 & 180 merged with H.B. 346 & 174 merged with S.B. 248, et
al.)



1. Sections 168.400 to 168.415 shall be known and may be cited
as the "Missouri Professional Teacher and Administrator Act". This
section shall become effective September 1, 1988, and shall establish
programs for the following public school personnel:

(1) The preservice teacher or student in training;

(2) The beginning teacher;

(3) The practicing teacher; and

(4) The administrator.

2. Preservice teacher programs established under this section shall
include, but need not be limited to, the following provisions:

(1) A program of entry-level testing of all prospective teacher education
students shall be established at all colleges and universities offering
approved teacher education programs and, with the advice of the advisory
council as provided in section 168.015, shall be administered by the
commissioner of education, who shall cause the department of elementary
and secondary education to develop or select such tests to establish
abilities necessary to receive a satisfactory rating, and to establish
procedures for the administering of the test;

(2) The entry-level tests developed under this subsection shall include,
but need not be limited to, an examination of basic oral and written
communication skills and of basic mathematics skills, and may include
both oral and written examinations;

(3) Each prospective teacher education student shall be required to
obtain a satisfactory rating prior to admission into the approved teacher
education program;

(4) The department of elementary and secondary education, with the advice
of the advisory council as provided in section 168.015, shall establish
and monitor exit requirements from approved teacher education programs
which shall be met by all preservice teacher education students seeking
certification in Missouri, and specific criteria for a preservice teacher
assessment that all candidates for certification shall meet. The
preservice teacher assessment established under this subdivision shall
include, but need not be limited to, classroom achievement, practice
teaching evaluation and observation, successful participation in
assessment centers, interviews, tests and other evaluation measures. The
department of elementary and secondary education shall promulgate rules
to allow all preservice teacher education students who have been employed
for at least two years as teacher assistants to utilize their teacher
assistant experience to bypass the practice teaching evaluation and
observation process. These rules shall allow the certified teacher
working with the teacher assistant to observe and evaluate the teacher
assistant's practice teaching. No rule or portion of a rule promulgated
pursuant to the authority of this section shall become effective unless
it has been promulgated pursuant to chapter 536, RSMo. The preservice
teacher assessment shall be reviewed by the certifying authority prior to
issuance of a certificate. An unsatisfactory assessment shall result in
the nonissuance of a certificate. Persons who are aggrieved by the
nonissuance of a certificate may appeal such nonissuance in the manner
provided in section 168.071. Any costs associated with the entry-level
tests or the exit requirements established under this subsection shall be
borne by each institution and costs defrayal included in the incidental
fees charged to the student.

3. Each approved teacher education program shall require the faculty
teaching preservice teacher education courses to further their
professional development through direct personal involvement in the
public schools in grades kindergarten through twelve on a periodic basis.
As used in this subsection, the term "faculty" shall include, but need
not be limited to, full- and part-time classroom instructors, and
supervisors of practice teaching at institutions offering an approved
teacher education program.

4. Beginning teacher assistance programs established under this section
shall include, but need not be limited to, the following provisions:

(1) Such programs shall require each school district to provide a plan of
professional development for the first two years of teaching for any
teacher who does not have prior teaching experience. The professional
development plan shall include assistance from a professional development
committee, which is hereby established in each school district, which
committee shall work with beginning teachers and experienced teachers in
identifying instructional concerns and remedies; serve as a confidential
consultant upon a teacher's request; assess faculty needs and develop
in-service opportunities for school staff; and present to the proper
authority faculty suggestions, ideas and recommendations pertaining to
classroom instruction within the school district. The members of each
professional development committee shall be selected by the teachers
employed by the school district in question. The professional development
plan may include guidance from a district-designated faculty member
employed at a grade level comparable to the instructional grade level of
the beginning teacher, and such other forms of assistance which the
school district may choose to offer. The professional development
committee may apply to the state board of education for a grant, which
shall be in addition to any state aid provided to the committee for
activities identified in this subdivision. The grant thus awarded shall
be used by the committee to provide in-service training to the teachers
of the district on teaching children identified as at risk of failing in
school as defined in section 167.273. The department of elementary and
secondary education shall provide resource materials and assist the
committee if such assistance is requested;

(2) Such programs shall include assistance from the teacher education
program which provided the teacher's training if such training was
provided in a Missouri college or university. Such assistance from the
college or university may include retraining, internships, counseling,
and in-service training.

5. The practicing teacher assistance programs established under this
section shall include, but need not be limited to, programs of
professional development and improvement as provided for experienced
teachers by the professional development committee established under
subsection 4 of this section, and in-service opportunities as provided by
the local school district for all practicing teachers.

6. (1) The administrator assistance programs established under this
section shall include, but shall not be limited to, programs of
professional development and improvement for superintendents, principals,
assistant principals, and other school district personnel charged with
administrative duties.

(2) Establishment of programs by local districts and organizations for
the training of school board members are encouraged and recommended. (L.
1985 H.B. 463, A.L. 1990 S.B. 740, A.L. 2002 H.B. 1711)

*Revisor's note:

Invalidity of section 82.293 shall not affect the validity of this
section, RSMo 82.293.



There is hereby established an "Administrator Assessment
Center", which shall be organized and administered by the department of
elementary and secondary education, either individually or through
contract, for the purpose of assessing prospective school administrators.
Beginning September 1, 1988, all prospective administrators seeking
initial administration certification shall make application to and be
approved by the department of elementary and secondary education for
admission to the administrator assessment center. The assessment
established under this section shall include, but need not be limited to,
simulations, observations, evaluations and recommendations. The
assessment shall be reviewed by the certifying authority prior to
issuance of a certificate. An unsatisfactory assessment shall result in
the nonissuance of a certificate. Persons who are aggrieved by the
nonissuance of a certificate may appeal such nonissuance in the manner
provided in section 168.071. (L. 1985 H.B. 463 § 168.405 subsec. 1)



There is hereby created the "Principal-Administrator Academy"
under the auspices of the department of elementary and secondary
education. The academy is not a single institution, but is an
organizational framework for a wide array of educational and training
programs for school leaders, which may be conducted at several sites in
the state by the department of elementary and secondary education,
individually or through contract. (L. 1985 H.B. 463 § 168.405 subsec. 2)



The department of elementary and secondary education may charge
a reasonable fee to cover the expenses and costs related to the services
provided at the assessment center established under section 168.405 or at
the academy established under section 168.407. Such fees shall be
deposited in the excellence in education fund. Participant travel, living
and incidental costs shall be at the expense of the participant, or may
be reimbursed by a local school district. (L. 1985 H.B. 463 § 168.405
subsec. 3)



School administrators and school district superintendents shall
be evaluated in the following manner:

(1) The board of education of each school district shall cause a
comprehensive performance-based evaluation for each administrator
employed by the district. Such evaluation shall be ongoing and of
sufficient specificity and frequency to provide for demonstrated
standards of competency and academic ability;

(2) All evaluations shall be maintained in the respective administrator's
personnel file at the office of the board of education of the school
district. A copy of each evaluation shall be provided to the person being
evaluated and to the appropriate administrator;

(3) The state department of elementary and secondary education shall
provide suggested procedures for the evaluations performed under this
section. (L. 1985 H.B. 463)



1. The state of Missouri in an effort to improve elementary
reading skills and basic student achievement in English and foreign
languages, remedial reading, science and math hereby establishes the
"Missouri Teacher Corps" program to improve student achievement. The
department of elementary and secondary education and the department of
higher education shall work together to provide staff and facilities to
establish the corps and promote its success.

2. The corps shall recruit fifty college seniors of graduates each year
to contract to teach in designated schools for a two-year period. No
recruit shall have majored in education. Each recruit shall have a
bachelor's degree upon entering the corps in English, foreign language,
mathematics, science, social studies or history.

3. The corps shall:

(1) Provide dedicated, talented teachers for school districts where an
inadequate supply of teachers exists and has a need for student reading
improvement;

(2) Afford a structured entry into the teaching profession for
outstanding liberal arts who may have never taught;

(3) Identify and nurture educational leaders for the twenty-first century.

4. The corps shall provide, with the assistance of the state colleges and
universities, an eight-week intensive training institute for the recruits
to provide skills needed to assist them in teaching. Upon successful
completion of certification requirements, recruits shall be assigned by
the corps to public school districts on the basis of local need.

5. The corps shall provide members with tuition and book allowances and
housing allowance for the member's pursuance of a master of arts degree
in curriculum and instruction in an evenings and weekends and summer
schedule for the first two years.

6. Corps members shall be compensated as are other teachers.

7. The department of elementary and secondary education may adopt rules
to implement the provisions of this section.

8. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
1999, shall be invalid and void. (L. 1999 H.B. 889 § 6)



1. For the purpose of providing career pay, which shall be a
salary supplement, for public school teachers, which for the purpose of
sections 168.500 to 168.515 shall include classroom teachers, librarians,
guidance counselors and certificated teachers who hold positions as
school psychological examiners, parents as teachers educators, school
psychologists, special education diagnosticians and speech pathologists,
and are on the district salary schedule, there is hereby created and
established a career advancement program which shall be known as the
"Missouri Career Development and Teacher Excellence Plan", hereinafter
known as the "career plan or program". Participation by local school
districts in the career advancement program established under this
section shall be voluntary. The career advancement program is a matching
fund program of variable match rates. The general assembly shall make an
annual appropriation to the excellence in education fund established
under section 160.268, RSMo, for the purpose of providing the state's
portion for the career advancement program. The "Career Ladder Forward
Funding Fund" is hereby established in the state treasury. Beginning with
fiscal year 1998 and until the career ladder forward funding fund is
terminated pursuant to this subsection, the general assembly shall
appropriate funds to the career ladder forward funding fund.
Notwithstanding the provisions of section 33.080, RSMo, to the contrary,
moneys in the fund shall not be transferred to the credit of the general
revenue fund at the end of the biennium. All interest or other gain
received from investment of moneys in the fund shall be credited to the
fund. All funds deposited in the fund shall be maintained in the fund
until such time as the balance in the fund at the end of the fiscal year
is equal to or greater than the appropriation for the career ladder
program for the following year, at which time all such revenues shall be
used to fund, in advance, the career ladder program for such following
year and the career ladder forwarding funding fund shall thereafter be
terminated.

2. The department of elementary and secondary education, at the direction
of the commissioner of education, shall study and develop model career
plans which shall be made available to the local school districts. These
state model career plans shall:

(1) Contain three steps or stages of career advancement;

(2) Contain a detailed procedure for the admission of teachers to the
career program;

(3) Contain specific criteria for career step qualifications and
attainment. These criteria shall clearly describe the minimum number of
professional responsibilities required of the teacher at each stage of
the plan and shall include reference to classroom performance evaluations
performed pursuant to section 168.128;

(4) Be consistent with the teacher certification process recommended by
the Missouri advisory council of certification for educators and adopted
by the department of elementary and secondary education;

(5) Provide that public school teachers in Missouri shall become eligible
to apply for admission to the career plans adopted under sections 168.500
to 168.515 after five years of public school teaching in Missouri. All
teachers seeking admission to any career plan shall, as a minimum, meet
the requirements necessary to obtain the first renewable professional
certificate as provided in section 168.021;

(6) Provide procedures for appealing decisions made under career plans
established under sections 168.500 to 168.515.

3. The commissioner of education shall cause the department of elementary
and secondary education to establish guidelines for all career plans
established under this section, and criteria that must be met by any
school district which seeks funding for its career plan.

4. A participating local school district may have the option of
implementing a career plan developed by the department of elementary and
secondary education or a local plan which has been developed with advice
from teachers employed by the district and which has met with the
approval of the department of elementary and secondary education. In
approving local career plans, the department of elementary and secondary
education may consider provisions in the plan of the local district for
recognition of teacher mobility from one district to another within this
state.

5. The career plans of local school districts shall not discriminate on
the basis of race, sex, religion, national origin, color, creed, or age.
Participation in the career plan of a local school district is optional,
and any teacher who declines to participate shall not be penalized in any
way.

6. In order to receive funds under this section, a school district which
is not subject to section 162.920, RSMo, must have a total levy for
operating purposes which is in excess of the amount allowed in section
11(b) of article X of the Missouri Constitution; and a school district
which is subject to section 162.920, RSMo, must have a total levy for
operating purposes which is equal to or in excess of twenty-five cents on
each hundred dollars of assessed valuation.

7. The commissioner of education shall cause the department of elementary
and secondary education to regard a speech pathologist who holds both a
valid certificate of license to teach and a certificate of clinical
competence to have fulfilled the standards required to be placed on stage
III of the career program, provided that such speech pathologist has been
employed by a public school in Missouri for at least five years and is
approved for placement at such stage III by the local school district.
(L. 1985 H.B. 463, A.L. 1986 H.B. 1441, A.L. 1993 H.B. 354, A.L. 1996
S.B. 795, et al., A.L. 2004 S.B. 968 and S.B. 969)



1. Any teacher receiving career pay pursuant to section 163.031,
RSMo, for entitlements authorized under any plan or program established
under sections 168.500 to 168.515 shall continue to receive the district
base pay to which he would be entitled if he were not receiving the
career pay provided for in sections 168.500 to 168.515.

2. Any teacher receiving career pay under any plan or program established
under sections 168.500 to 168.515 shall receive any local pay to which
teachers with similar training and experience are otherwise entitled. (L.
1985 H.B. 463, A.L. 1993 S.B. 380)



After a teacher who is duly employed by a district qualifies and
is selected for participation under a career plan established under
sections 168.500 to 168.515, such teacher shall not be denied the career
pay authorized by such plan unless he:

(1) Is dismissed for cause as established under section 168.114; or

(2) Fails to maintain or renew any certificate required by the department
of elementary and secondary education; or

(3) Fails to maintain the performance level as required for the
attainment of the career stage as set forth in the plan effective in the
local district as provided in section 168.500; or

(4) Fails to complete professional responsibilities required for the
attainment of each stage; and

(5) Has exhausted all due process procedures provided by subdivision (6)
of subsection 2 of section 168.500. (L. 1985 H.B. 463, A.L. 1996 S.B.
795, et al.)



1. Each teacher selected to participate in a career plan
established under sections 168.500 to 168.515, who meets the requirements
of such plan, shall receive a salary supplement, the state's share of
which shall be distributed under section 163.031, RSMo, equal to the
following amounts applied to the career ladder entitlement of section
163.031, RSMo:

(1) Career stage I teachers may receive up to an additional one thousand
five hundred dollars per school year;

(2) Career stage II teachers may receive up to an additional three
thousand dollars per school year;

(3) Career stage III teachers may receive up to an additional five
thousand dollars per school year.

All teachers within each stage within the same school district shall
receive equal salary supplements.

2. The state shall make payments pursuant to section 163.031, RSMo, to
the local school district for the purpose of reimbursing the local school
district for the payment of any salary supplements provided for in this
section, subject to the availability of funds as appropriated each year
and distributed on a variable match formula which shall be based on
assessed valuation of the district for the second preceding school year.

3. In distributing these matching funds, school districts shall be ranked
by the assessed valuation for the second preceding school year per
weighted average daily attendance from the highest to the lowest and
divided into three groups. Group one shall contain the highest
twenty-five percent of all public school districts, groups two and three
combined shall contain the remaining seventy-five percent of all public
school districts. The districts in groups two and three shall be
rank-ordered from largest to smallest based on enrollment as of the last
Wednesday in September during the second preceding school year, group two
shall contain twenty-five percent of all public school districts that are
larger on the enrollment-based rank-ordered list and group three shall
contain the remaining fifty percent of all public school districts.
Pursuant to subsection 4 of this section, districts in group one shall
receive forty percent state funding and shall contribute sixty percent
local funding, group two shall receive fifty percent state funding and
shall contribute fifty percent local funding and group three shall
receive sixty percent state funding and shall contribute forty percent
local funding.

4. The incremental groups are as follows:

Percentage Percentage Percentage Group of Districts of State Funding of
Local Funding 1 25% 40% 60% 2 25% 50% 50% 3 50% 60% 40%

5. Beginning in the 1996-97 school year, any school district in any group
which participated in the career ladder program in 1995-96 and paid less
than the local funding percentage required by subsection 4 of this
section shall increase its local share of career ladder costs by five
percentage points from the preceding year until the district pays the
percentage share of cost required by subsection 4 of this section, and in
no case shall the local funding percentage be increased by a greater
amount for any year. For any district, the state payment shall not exceed
the local payment times the state percentage share divided by the local
percentage share. Except as provided in subsection 10 of this section,
any district not participating in the 1995-96 school year or any district
which interrupts its career ladder program for any subsequent year shall
enter the program on the cost-sharing basis required by subsection 4 of
this section.

6. Not less than every fourth year, beginning with calendar year 1988,
the general assembly, through the joint committee established under
section 160.254, RSMo, shall review the amount of the career pay provided
for in this section to determine if any increases are necessary to
reflect the increases in the cost of living which have occurred since the
salary supplements were last reviewed or set.

7. To participate in the salary supplement program established under this
section, a school district may submit to the voters of the district a
proposition to increase taxes for this purpose. If a school district's
current tax rate ceiling is at or above the rate from which an increase
would require a two-thirds majority, the school board may submit to the
voters of the district a proposition to reduce or eliminate the amount of
the levy reduction resulting from section 164.013, RSMo. If a majority of
the voters voting thereon vote in favor of the proposition, the board may
certify that seventy-five percent of the revenue generated from this
source shall be used to implement the salary supplement program
established under this section.

8. In no case shall a school district use state funds received under this
section nor local revenue generated from a tax established under
subsection 7 of this section to comply with the minimum salary
requirements for teachers established pursuant to section 163.172, RSMo.

9. Beginning in the 1996-97 school year, for any teacher who participated
in the career program in the 1995-96 school year, continues to
participate in the program thereafter, and remains qualified to receive
career pay pursuant to section 168.510, the state's share of the
teacher's salary supplement shall continue to be the percentage paid by
the state in the 1995-96 school year, notwithstanding any provisions of
subsection 4 of this section to the contrary, and the state shall
continue to pay such percentage of the teacher's salary supplement until
any of the following occurs:

(1) The teacher ceases his or her participation in the program; or

(2) The teacher suspends his or her participation in the program for any
school year after the 1995-96 school year. If the teacher later resumes
participation in the program, the state funding shall be subject to the
provisions of subsection 4 of this section.

10. Any school district that participated in the career ladder program
prior to the 2001-02 school year but ceased its participation at any time
from July 1, 2001, to July 1, 2005, may resume participation in the
program no later than July 1, 2006, at the same matching level, pursuant
to subsections 4 and 5 of this section, for which the district qualified
during its last year of participation. (L. 1985 H.B. 463, A.L. 1993 H.B.
354 merged with S.B. 380, A.L. 1996 S.B. 795, et al., A.L. 2004 S.B. 968
and S.B. 969, A.L. 2005 H.B. 297 merged with S.B. 287)

Effective 7-1-06

*This section was amended by both H.B. 297 and S.B. 287 during the First
Regular Session of the 93rd General Assembly, 2005. Due to a difference
in effective dates, two versions of this section are printed here.



1. Each teacher selected to participate in a career plan
established under sections 168.500 to 168.515, who meets the requirements
of such plan, shall receive a salary supplement, the state's share of
which shall be distributed under section 163.031, RSMo, equal to the
following amounts applied to the career ladder entitlement of line 15 of
subsection 6 of section 163.031, RSMo:

(1) Career stage I teachers may receive up to an additional one thousand
five hundred dollars per school year;

(2) Career stage II teachers may receive up to an additional three
thousand dollars per school year;

(3) Career stage III teachers may receive up to an additional five
thousand dollars per school year.

All teachers within each stage within the same school district shall
receive equal salary supplements.

2. The state shall make payments pursuant to section 163.031, RSMo, to
the local school district for the purpose of reimbursing the local school
district for the payment of any salary supplements provided for in this
section, subject to the availability of funds as appropriated each year
and distributed on a variable match formula which shall be based on
equalized assessed valuation of the district for the second preceding
school year. A district's equalized assessed valuation shall be
multiplied by the district income factor defined in section 163.011,
RSMo, and shall be known as the adjusted equalized assessed valuation.

3. In distributing these matching funds, school districts shall be ranked
by the adjusted equalized assessed valuation for the second preceding
school year per eligible pupil from the highest to the lowest and divided
into three groups. Group one shall contain the highest twenty-five
percent of all public school districts, groups two and three combined
shall contain the remaining seventy-five percent of all public school
districts. The districts in groups two and three shall be rank-ordered
from largest to smallest based on enrollment as of the last Wednesday in
September during the second preceding school year, group two shall
contain twenty-five percent of all public school districts that are
larger on the enrollment-based rank-ordered list and group three shall
contain the remaining fifty percent of all public school districts.
Pursuant to subsection 4 of this section, districts in group one shall
receive forty percent state funding and shall contribute sixty percent
local funding, group two shall receive fifty percent state funding and
shall contribute fifty percent local funding and group three shall
receive sixty percent state funding and shall contribute forty percent
local funding.

4. The incremental groups are as follows:

Percentage Percentage Percentage Group of Districts of State Funding of
Local Funding 1 25% 40% 60% 2 25% 50% 50% 3 50% 60% 40%

5. Beginning in the 1996-97 school year, any school district in any group
which participated in the career ladder program in 1995-96 and paid less
than the local funding percentage required by subsection 4 of this
section shall increase its local share of career ladder costs by five
percentage points from the preceding year until the district pays the
percentage share of cost required by subsection 4 of this section, and in
no case shall the local funding percentage be increased by a greater
amount for any year. For any district, the state payment shall not exceed
the local payment times the state percentage share divided by the local
percentage share. Except as provided in subsection 10 of this section,
any district not participating in the 1995-96 school year or any district
which interrupts its career ladder program for any subsequent year shall
enter the program on the cost-sharing basis required by subsection 4 of
this section.

6. Not less than every fourth year, beginning with calendar year 1988,
the general assembly, through the joint committee established under
section 160.254, RSMo, shall review the amount of the career pay provided
for in this section to determine if any increases are necessary to
reflect the increases in the cost of living which have occurred since the
salary supplements were last reviewed or set.

7. To participate in the salary supplement program established under this
section, a school district may submit to the voters of the district a
proposition to increase taxes for this purpose. If a school district's
current tax rate ceiling is at or above the rate from which an increase
would require a two-thirds majority, the school board may submit to the
voters of the district a proposition to reduce or eliminate the amount of
the levy reduction resulting from section 164.013, RSMo. If a majority of
the voters voting thereon vote in favor of the proposition, the board may
certify that seventy-five percent of the revenue generated from this
source shall be used to implement the salary supplement program
established under this section.

8. In no case shall a school district use state funds received under this
section nor local revenue generated from a tax established under
subsection 7 of this section to comply with the minimum salary
requirements for teachers established pursuant to section 163.172, RSMo.

9. Beginning in the 1996-97 school year, for any teacher who participated
in the career program in the 1995-96 school year, continues to
participate in the program thereafter, and remains qualified to receive
career pay pursuant to section 168.510, the state's share of the
teacher's salary supplement shall continue to be the percentage paid by
the state in the 1995-96 school year, notwithstanding any provisions of
subsection 4 of this section to the contrary, and the state shall
continue to pay such percentage of the teacher's salary supplement until
any of the following occurs:

(1) The teacher ceases his or her participation in the program; or

(2) The teacher suspends his or her participation in the program for any
school year after the 1995-96 school year. If the teacher later resumes
participation in the program, the state funding shall be subject to the
provisions of subsection 4 of this section.

10. Any school district that participated in the career ladder program
prior to the 2001-02 school year but ceased its participation at any time
from July 1, 2001, to July 1, 2005, may resume participation in the
program no later than July 1, 2006, at the same matching level, pursuant
to subsections 4 and 5 of this section, for which the district qualified
during its last year of participation. (L. 1985 H.B. 463, A.L. 1993 H.B.
354 merged with S.B. 380, A.L. 1996 S.B. 795, et al., A.L. 2004 S.B. 968
and S.B. 969, A.L. 2005 H.B. 297)

*This section was amended by both H.B. 297 and S.B. 287 during the First
Regular Session of the 93rd General Assembly, 2005. Due to a difference
in effective dates, two versions of this section are printed here.



1. For the purpose of providing career pay, which shall be a
salary supplement for teachers, librarians, guidance counselors and
certificated teachers who hold positions as school psychological
examiners, parents-as-teachers educators, school psychologists, special
education diagnosticians or speech pathologists in the state schools for
the severely handicapped, the Missouri School for the Blind and the
Missouri School for the Deaf, there is hereby established a career
advancement program which shall become effective no later than September
1, 1986. Participation in the career advancement program by teachers
shall be voluntary.

2. The department of elementary and secondary education with the
recommendation of teachers from the state schools, shall develop a career
plan. This state career plan shall include, but need not be limited to,
the provisions of state model career plans as contained in subsection 2
of section 168.500.

3. After a teacher who is duly employed by a state school qualifies and
is selected for participation in the state career plan established under
this section, such a teacher shall not be denied the career pay
authorized by such plan except as provided in subdivisions (1), (2), and
(3) of section 168.510.

4. Each teacher selected to participate in the career plan established
under this section who meets the requirements of such plan, shall receive
a salary supplement as provided in subdivisions (1), (2), and (3) of
subsection 1 of section 168.515.

5. The department of elementary and secondary education shall annually
include within its budget request to the general assembly sufficient
funds for the purpose of providing career pay as established under this
section to those eligible teachers employed in state schools for the
severely handicapped, the Missouri School for the Deaf, and the Missouri
School for the Blind. (L. 1985 H.B. 463, A.L. 1996 S.B. 795, et al.)



The department of elementary and secondary education shall not
reimburse a school district for more than one A+ program coordinator per
one thousand two hundred fifty students; however a school with up to one
thousand five hundred students shall be reimbursed for only one A+
program coordinator. (L. 2004 S.B. 968 and S.B. 969 § 1)



Sections 168.550 to 168.595 to establish a financial assistance
program for prospective teachers shall be known as the "Missouri
Prospective Teacher Loan Program". (L. 1985 H.B. 463)



As used in sections 168.555 to 168.595, unless the context
clearly requires otherwise, the following terms shall mean:

(1) "Academic year", the period from August first of any year through
July thirty-first of the following year;

(2) "Area of critical need", both geographic areas and areas of teacher
certification as defined by the state board;

(3) "Coordinating board", the coordinating board for higher education;

(4) "Eligible student", a full-time student who has met criteria as
established by the state board and the coordinating board and who has
been accepted at a participating school and enrolled in a formal course
of instruction leading to qualifications necessary to obtain a teaching
certificate in Missouri;

(5) "Full-time student", persons defined as full-time students in section
173.205, RSMo;

(6) "Fund", the Missouri prospective teacher loan fund;

(7) "Loan", the Missouri prospective teacher loan;

(8) "Participating school", a public or private Missouri institution
offering an approved program of teacher education;

(9) "Resident", any person declared a resident under guidelines
established by the coordinating board for higher education;

(10) "State board", the state board of education. (L. 1985 H.B. 463)



The state board, with the advice of the commissioner of
education, shall designate areas of critical need. These designations
shall be issued on a regular basis and shall be reviewed on a yearly
basis for the purposes of continuation. (L. 1985 H.B. 463)



1. The coordinating board shall adopt and promulgate regulations
establishing standards for determining eligible students for loans under
sections 168.550 to 168.595. These standards may include, but are not
limited to, the following:

(1) Citizenship or permanent residency in the United States;

(2) Residence in the state of Missouri;

(3) Enrollment, or acceptance for enrollment, as a full-time
undergraduate student in an approved teacher education program at a
participating school;

(4) Evaluation of the results of the entry-level test as established
under section 168.400.

2. The policy of the coordinating board shall not discriminate in the
awarding of loans on the basis of race, color, religion, sex or national
origin. The policy shall comply with the Federal Civil Rights Acts of
1964 and 1968 and executive orders issued pursuant thereto. The
coordinating board shall give due consideration to the cultural diversity
of applicants.

3. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1985 H.B. 463, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3)



The coordinating board shall enter into a contract with each
individual receiving a loan under sections 168.550 to 168.595. The
coordinating board may designate a representative to act on its behalf to
fulfill this duty. (L. 1985 H.B. 463)



For the first three years in which loans are made under sections
168.550 to 168.595, no loan to an eligible student shall exceed one
thousand dollars for each academic year. For the fourth and each
subsequent year in which loans are made under sections 168.550 to
168.595, the coordinating board shall determine the maximum amount for
loans to eligible students in each academic year. All loans shall be made
from funds deposited in the fund established under section 168.580. (L.
1985 H.B. 463)



1. The "Missouri Prospective Teacher Loan Fund" is established
and shall consist of money appropriated to it by the general assembly and
charges, gifts, grants and bequests from federal, private and other
sources made for the purpose of assisting eligible students in financing
their education in order to become teachers. Any unexpended balance in
the fund at the end of the fiscal year shall be exempt from the
provisions of section 33.080, RSMo, relating to the transfer of
unexpended balances to the general revenue fund.

2. All moneys recovered for payments shall be paid promptly into the
state treasury and credited to the fund.

3. Moneys in the Missouri prospective teacher loan fund shall be invested
by the state treasurer in the same deposits and obligations in which
state funds are authorized by law to be invested; except that, the income
accruing from such funds shall be credited to the Missouri prospective
teacher loan fund on an annual basis.

4. The fund shall be administered by the department of higher education
at the direction of the coordinating board. (L. 1985 H.B. 463)



The commissioner of higher education, acting on behalf of the
coordinating board, may:

(1) Enter into agreements with and receive grants from the United States
government in connection with federal programs of assistance to students
in teacher education programs;

(2) Contract with public agencies or private persons or organizations for
the purpose of carrying out the administrative functions imposed by
sections 168.550 to 168.595;

(3) Designate the department of higher education to receive loan
applications and distribute funds;

(4) Call upon agencies of the state which have financial expertise for
consultation and advice, and upon any agency of the state for assistance
in the location of delinquent borrowers. (L. 1985 H.B. 463)



The coordinating board is hereby authorized to adopt regulations
governing:

(1) The form, time and method of filing applications;

(2) The manner and time of repayment of the principal and interest;

(3) The maximum rate of interest;

(4) The procedures in the event of default by the borrower;

(5) The deferral of interest and principal payments based upon teaching
in areas of critical need as defined by the state board;

(6) The forgiveness of principal and interest payments;

(7) The termination of course of study following the receipt of a loan;

(8) Collection assistance. (L. 1985 H.B. 463)



The department of revenue, within the provisions of sections
143.781 to 143.788, RSMo, is hereby authorized to assist in the
collection of any loan in default, as so determined by the coordinating
board. (L. 1985 H.B. 463)



1. The Missouri critical teacher shortage forgivable loan
program shall make undergraduate and graduate forgivable loans available,
subject to appropriation, to eligible students entering programs of study
that lead to a degree in a teaching program in a critical teacher
shortage area.

2. To be eligible for a program loan, a candidate shall:

(1) Be a full-time student in an upper division undergraduate or graduate
level in a teacher training program approved by the Department of
Education leading to certification as a teacher;

(2) Have declared an intent to teach, for at least the number of years
for which a forgivable loan is received, in public elementary or
secondary schools of Missouri in a critical teacher shortage area
identified by the state board of education;

(3) If applying for or renewing an undergraduate forgivable loan, have
maintained a minimum cumulative grade point average of 2.5 on a 4.0 scale
for all undergraduate work;

(4) If applying for or renewing a graduate forgivable loan, have
maintained a minimum cumulative grade point average of 3.0 on a 4.0 scale
for all graduate work.

3. An undergraduate forgivable loan may be awarded for two undergraduate
years and shall not exceed four thousand dollars per year, or for a
maximum of three years for programs requiring a fifth year of instruction
to obtain initial teaching certification.

4. A graduate forgivable loan may be awarded for two graduate years and
shall not exceed eight thousand dollars per year.

5. The state board of education shall adopt by rule repayment schedules
and applicable interest rates. A forgivable loan shall be repaid within
ten years of completion of a program of studies.

6. Credit for repayment of a forgivable loan pursuant to this section
shall be in an amount not to exceed four thousand dollars in loan
principal plus applicable accrued interest for each full year of eligible
teaching service. However, credit in an amount not to exceed eight
thousand dollars in loan principal plus applicable accrued interest shall
be given for each full year of eligible teaching service completed at a
high population density, low-economic condition urban school or at a low
population density, low-economic condition rural school, as identified by
the state board of education.

7. Any loan recipient who fails to teach in a public elementary or
secondary school in this state as specified in this section shall repay
the loan plus interest accruing at eight percent annually.

8. Loan recipients may receive loan repayment credit for teaching service
rendered at any time during the scheduled repayment period. However, such
repayment credits shall be applicable only to the current principal and
accrued interest balance that remains at the time the repayment credit is
earned. No loan recipient shall be reimbursed for previous payments of
principal and interest.

9. The state board of education shall work with local school districts to
develop rules to implement this section.

10. The board is authorized to adopt those rules that are reasonable and
necessary to accomplish the limited duties specifically delegated within
this section. Any rule or portion of a rule, as that term is defined in
section 536.010, RSMo, that is promulgated under the authority delegated
in this section shall become effective only if it has been promulgated
pursuant to the provisions of chapter 536, RSMo. This section and chapter
536, RSMo, are nonseverable and if any of the powers vested with the
general assembly pursuant to chapter 536, RSMo, to review, to delay the
effective date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 1999, shall be invalid and void. (L.
1999 H.B. 889 § 173.775)



 
round round
Usa-missouri Law Firm / Lawyers Services Provided in Usa-missouri :
Usa-missouri Divorce Laws, custody, Usa-missouri Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-missouri Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-missouri Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-missouri, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-missouri, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-missouri Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-missouri
LEGAL SERVICES
Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code
LAWYER BY LOCATION
India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...
LAW PRACTICE AREA
Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law
ABOUT HELPLINELAW
About Us
Contact Us
Services
Site Map
Recommend to Friends
© copyright 2000-2010, Helplinelaw.com Terms of USE
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.