Section 10 Termination Hearing

• Library: Administrative Law 2011

The hearing on the charges brought per § 168.116, RSMo 2000, is conducted before the board of education. Section 168.118, RSMo 2000. “The law is well-settled that the school board for the district that initiates charges against the teacher may also conduct the hearing, absent actual bias or prejudice.” O’Connell v. Sch. Dist. of Springfield, 830 S.W.2d 410, 418 (Mo. banc 1992). Section 168.118(1)–(3) requires that:

the hearing must be public;

the teacher and the school district may be represented by counsel; and

testimony must be on oath or affirmation administered by the president of the school board.

The school board may use the subpoena power granted by § 536.077, RSMo Supp. 2010, and may do so on its own motion or at the teacher’s request. Section 168.118(4). The school board itself “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.” Id. A record must be made by a stenographer at the school board’s expense, and the stenographer must tender a certified complete and correct copy of the record to both the school board and the teacher within ten days after the conclusion of the hearing. Section 168.118(5). The costs, except for the teacher’s counsel, are borne by the school board. Section 168.118(6).

Several cases have addressed the impact of bias and impartiality on due...