Effective 28 Aug 2005

168.104. Definitions. — The following words and phrases when used in sections 168.102 to 168.130, except in those instances where the context indicates otherwise, mean:

(1) "Board of education", the school board or board of directors of a school district, except a metropolitan school district, having general control of the affairs of the district;

(2) "Demotion", 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;

(3) "Indefinite contract", every contract heretofore or hereafter entered into between a school district and a permanent teacher;

(4) "Permanent teacher", any teacher who has been employed or who is hereafter 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 or any supervisor of teachers who was employed as a teacher in the same school district for at least five successive years prior to becoming a supervisor of teachers and who continues thereafter to be employed as a certificated employee by the school district; except that, when a permanent teacher resigns or is permanently separated from employment by a school district, and is afterwards reemployed by the same school district, reemployment for the first school year does not constitute an indefinite contract but if he is employed for the succeeding year, the employment constitutes an indefinite contract; and except that any teacher employed under a part-time contract by a school district shall accrue credit toward permanent status on a prorated basis. Any permanent teacher who is promoted with his consent to a supervisory position including principal or assistant principal, or is first employed by a district in a supervisory position including principal or assistant principal, shall not have permanent status in such position but shall retain tenure in the position previously held within the district, or, after serving two years as principal or assistant principal, shall have tenure as a permanent teacher of that system;

(5) "Probationary teacher", any teacher as herein defined who has been employed in the same school district for five successive years or less. In the case of any probationary teacher who has been employed in any other school system as a teacher for two or more years, the board of education shall waive one year of his probationary period;

(6) "School district", every school district in this state, except metropolitan school district as defined in section 162.571;

(7) "Teacher", any employee of a school district, except a metropolitan school district, regularly required to be certified under laws relating to the certification of teachers, except superintendents and assistant superintendents but including certified teachers who teach at the prekindergarten level in a nonmetropolitan public school within a prekindergarten program in which no fees are charged to parents or guardians.

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(L. 1969 p. 275 § 168.102, A.L. 1983 H.B. 815, A.L. 1990 S.B. 740, A.L. 2004 S.B. 968 and S.B. 969, A.L. 2005 H.B. 297 merged with S.B. 266)

CROSS REFERENCE:

Sexual contact with a student while on public school property, crime of, penalty, 566.086

(1974) Held teacher who was "full time" based on six periods a day for five years and was employed for sixth year on a five period and five-sixths pay scale failed to become tenured. Lopez v. Vance (A.), 509 S.W.2d 197.

(1976) Held, that "year" means a school year beginning July 1 and ending June 30 next following. To qualify, the claimant must have been employed as a full-time teacher for the necessary number of full school years. Hirbe v. Hazelwood School District (A.), 532 S.W.2d 848.

(1976) "Year" as used in the teacher tenure act means a school year commencing July 1 and ending June 30, next following: Valter v. Orchard Farm School Dist. (Mo.), 541 S.W.2d 550.

(1977) Held, individual school board contract requiring a teaching certificate does not make employee under the contract a teacher for the purposes of the teacher tenure act. Hudson v. Marshall (A.), 549 S.W.2d 147.

(1985) Definition of "demotion" means that if the board reduces the pay of all teachers in one classification, no teacher is demoted by reason of pay reduction. But it also means that if the board gives raises which are not applicable to all teachers in one classification, those who did not get raises are demoted by reason of the pay increase of their fellows. Vilelle v. Reorganized School District No. R-1 (Mo. App.W.D.), 689 S.W.2d 72.