Section 5.4 Involuntary Leave

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

B. (§5.4) Involuntary Leave

Section 168.124, RSMo 2000, sets out a procedure for involuntary leaves of absence for teachers, commonly called a “reduction in force.” This statute authorizes school boards to place on involuntary 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.” Both probationary and permanent teachers may be placed on leave, Frimel v. Humphrey, 555 S.W.2d 350, 353 (Mo. App. W.D. 1977), as may other educators, such as assistant principals, Elrod v. Harrisonville Cass R-IX Sch. Dist., 706 S.W.2d 465 (Mo. App. W.D. 1986). A court may not substitute its judgment for the discretion legally vested in the school board, and it should not set aside a reduction in force unless the board acts arbitrarily and capriciously or in clear excess of its authority. Frimel, 555 S.W.2d at 353.

In placing teachers on leave, a board of education is governed by the following statutory parameters:

“No permanent teacher shall be placed on leave of absence while probationary teachers are retained in positions for which a permanent teacher is qualified[.]”

Permanent teachers shall be retained on the basis of merit within the field of specialization.

“Permanent teachers shall be reinstated to the positions from which they have been given leaves of...