Section 5.10 Permanent Teachers

• Library: School Law (2003 Ed. + 2016 Supp)

C. (§5.10) Permanent Teachers

The TTA defines a permanent teacher as one “who has been 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 . . . .” Section 168.104(4), RSMo 2000.

In 1990, the General Assembly amended § 168.104(4) to permit teachers employed under part-time contracts to accrue credit toward permanent status on a pro rata basis. In 1994, the Supreme Court of Missouri issued an opinion in Dial v. Lathrop R-II School District, 871 S.W.2d 444 (Mo. banc 1994), applying this provision retroactively. In addition, the Missouri Court of Appeals for the Southern District of Missouri found, in Robert v. Kelso C-7 Missouri Public School District, 935 S.W.2d 386 (Mo. App. S.D. 1996), that a probationary teacher who has accrued tenure in accordance with the part-time provisions of § 168.104(4) becomes tenured at the moment the teacher has taught in the district for five successive years. The teacher does not remain in probationary status until the end of the school year in which the five-year mark is reached. Robert, 935 S.W.2d at 390. The court also stated that, in accordance with the amendment of § 168.126, now RSMo 2000, permitting notification of nonrenewal at any time before April 15, a school district may prevent a probationary teacher from attaining permanent status during the school year by notifying the teacher of his or her nonretention for the successive school year before the teacher reaches the five-year benchmark. Id. at 388. These decisions make clear the importance of maintaining accurate records regarding each probationary teacher’s status and reviewing those records annually to determine which teachers may become eligible for tenure at various times during a school year.

Once permanent, the teacher receives an “indefinite contract.” The indefinite contract continues until the teacher’s retirement, death, resignation, revocation of teaching certificate, or termination for specific cause. Section 168.106, RSMo 2000. Moreover, a permanent teacher’s employment may not be terminated until after the filing of written charges and a hearing before the board. Section 168.116.1, RSMo 2000; Lindbergh Sch. Dist. v. Syrewicz, 516 S.W.2d 507, 512 (Mo. App. E.D. 1974). The same is true for the “[d]emotion” of a permanent teacher, which is defined as “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.” Section 168.104(2); Glanville v. Hickory County Reorganized Sch. Dist. No. I, 637 S.W.2d 328 (Mo. App. S.D. 1982).

In Vilelle v. Reorganized School District No. R-1, Benton County, 689 S.W.2d 72 (Mo. App. W.D. 1985), the court held that freezing the level of a permanent teacher on the salary schedule for disciplinary reasons constitutes a de facto demotion requiring charges and a hearing.

The TTA does not give teachers the right to teach any particular class or classes or to teach in any particular school. Carter County R-1 Sch. Dist. v. Palmer, 627 S.W.2d 664, 666 (Mo. App. S.D. 1982). A school board may reassign permanent and probationary teachers without cause and with no hearing. Glanville, 637 S.W.2d at 331. This transfer cannot, however, be for the purpose of punishing the teacher because of his or her exercise of First Amendment rights. Austin v. Mehlville R-9 Sch. Dist., 564 S.W.2d 884 (Mo. banc 1978); Glanville, 637 S.W.2d at 331.

School boards are required to evaluate teachers by using a “comprehensive, performance-based evaluation.” Section 168.128, RSMo 2000. Such evaluations must be ongoing and of sufficient specificity and frequency to provide for demonstrated standards of competency and academic ability. Id. The Missouri Department of Elementary and Secondary Education provides suggested procedures for such an evaluation. There is no legal requirement that the suggested procedures be used, however, and school districts are permitted to develop their own evaluation system. A permanent teacher may be terminated only for seven specific causes. Six of those causes are set out in § 168.114, RSMo 2000:

(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.

Section 168.114.1(1)–(6).

Finally, a teacher may also be terminated because such person took part in the management of the campaign for the election or defeat of members of the board of education by which he or she is employed. Section 168.130, RSMo 2000.

Before a permanent teacher can be charged with incompetence, inefficiency, or insubordination in the line of duty, the board or the superintendent must give the teacher at least 30 days’ advance warning in writing. This warning letter is also referred to as a “notice of deficiencies.” The warning letter must state specifically the deficiencies that, if not corrected, may result in charges. Section 168.116.2. The board may wait more than 30 days following the warning letter to bring charges against the teacher. Hanlon v. Bd. of Educ. of Parkway Sch. Dist., 695 S.W.2d 930, 932 (Mo. App. E.D. 1985). In addition, the superintendent or his or her designated representative must meet and confer with the teacher in an effort to resolve the...