Section 5.9 Probationary Teachers

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

B. (§5.9) Probationary Teachers

The TTA, which has been in effect since July 1, 1970, creates two classifications of teachers in seven-director and urban school districts: probationary teachers and permanent teachers. Sections 168.102–168.130, RSMo 2000. A probationary teacher is defined as any teacher “who has been employed in the same school district for five successive years or less.” Section 168.104(5), RSMo 2000. Teachers with prior teaching experience in the employing seven-director district or another district serve a shorter probationary period. Section 168.104(4), (5). In metropolitan school districts, to which the TTA does not apply, the probationary period is also five years. Section 168.221, RSMo 2000.

By statute, probationary teachers have annual contracts with the board of education. Section 168.126, RSMo 2000. These contracts differ from the contracts with permanent teachers, which continue indefinitely from year to year. The employment of a probationary teacher can be ended in two ways. See White v. Scott County Sch. Dist. No. R-V, 503 S.W.2d 35, 36 (Mo. App. S.D. 1973). First, if, in the opinion of the board, a probationary teacher is doing unsatisfactory work, the board may give the teacher a written...