Section 5.12 Non-Certificated Employees

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

E. (§5.12) Non-Certificated Employees

Employees who are not required by law or regulations of the Department of Elementary and Secondary Education to be certified are typically known as classified or non-certificated employees. Absent a contract for employment for a definite term, these employees are considered “at will” employees who serve at the pleasure of the school board. Cooper v. City of Creve Coeur, 556 S.W.2d 717, 721 (Mo. App. E.D. 1977). As such, these employees may be discharged at any time and without the need for the district to show good cause for dismissal and with no due process requirements. Amaan v. City of Eureka, 615 S.W.2d 414 (Mo. banc 1981); State ex rel. Lukas v. City of Sikeston, 668 S.W.2d 127, 132 (Mo. App. S.D. 1984). It has been held that such employees, if terminated, have a right to judicial review as an “uncontested case” under § 536.150, RSMo 2000. Phipps v. Sch. Dist. of Kansas City, 588 S.W.2d 128, 133 (Mo. App. W.D. 1979).

If the school district and classified employee enter into an employment arrangement for a definite term by formal contract, board policy, or action that is construed as creating an agreement for a definite term...