Section 49 Probationary Teachers

• Library: Employer-Employee Law 2008

The employment contract of a probationary teacher is markedly different from that of a permanent teacher. During the probationary period, the teacher works under a one-year contract that the board of education may or may not renew. The only limit is that a nonrenewal cannot be motivated by constitutionally impermissible or other unlawful reasons. Williams v. Sch. Dist. of Springfield R-12,
447 S.W.2d 256, 265(Mo. 1969); White v. Scott County Sch. Dist. No. R-V, 503 S.W.2d 35, 37 (Mo. App. S.D. 1973).

The probationary teacher, therefore, has no expectancy of continued employment from year to year and no property interest in the renewal of the contract. Gibson v. Caruthersville Sch. Dist. No. 8,
336 F.3d 768 (8^th Cir. 2003). Accordingly, the probationary teacher is not entitled to any procedural due process guarantees if a contract is not renewed. Revelle v. Mehlville Sch. Dist. R-9, 562 S.W.2d 175
(Mo. App. E.D. 1978). See also Smith v. King City Sch. Dist. R-1 of Gentry County, 990 S.W.2d 643 (Mo. App. W.D. 1998) (district has no duty to perform a good-faith investigation of the reason for nonrenewal); Berhorst v. Maries County R-II Sch. Dist., 805 S.W.2d 696 (Mo. App. S.D. 1991) (§ 168.128, RSMo 2000, which...