Missouri SB 80: Modifies provisions relating to teacher employment

Bill Text

FIRST REGULAR SESSION
SENATE BILL NO. 80
100TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR EMERY.
Pre-filed December 1, 2018, and ordered printed.
ADRIANE D. CROUSE, Secretary.
0382S.01I
AN ACT
To repeal sections 168.104, 168.110, 168.124, 168.128, 168.221, and 168.410, RSMo,
and to enact in lieu thereof seven new sections relating to teacher employment.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 168.104, 168.110, 168.124, 168.128, 168.221, and
2 168.410, RSMo, are repealed and seven new sections enacted in lieu thereof, to
3 be known as sections 168.104, 168.110, 168.125, 168.128, 168.221, 168.225, and
4 168.410, to read as follows:
168.104. The following words and phrases when used in sections 168.102
2 to 168.130, except in those instances where the context indicates otherwise, mean:
3 (1) "Board of education", the school board or board of directors of a school
4 district, except a metropolitan school district, having general control of the affairs
5 of the district;
6 (2) "Demotion", any reduction in salary or transfer to a position carrying
7 a lower salary, except on request of a teacher, other than any change in salary
8 applicable to all teachers or all teachers in a classification;
9 (3) "Indefinite contract", every contract heretofore or hereafter entered
10 into between a school district and a permanent teacher;
11 (4) "Permanent teacher", any teacher who has been employed or who is
12 hereafter employed as a teacher in the same school district for five successive
13 years and is first hired by a district before August 28, 2019, and who has
14 continued or who thereafter continues to be employed as a teacher by the school
15 district or any supervisor of teachers who was employed as a teacher in the same
16 school district for at least five successive years prior to becoming a supervisor of
17 teachers and who continues thereafter to be employed as a certificated employee
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.

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18 by the school district; except that, when a permanent teacher resigns or is
19 permanently separated from employment by a school district, and is afterwards
20 reemployed by the same school district, reemployment for the first school year
21 does not constitute an indefinite contract but if he or she is employed for the
22 succeeding year, the employment constitutes an indefinite contract; and except
23 that any teacher employed under a part-time contract by a school district shall
24 accrue credit toward permanent status on a prorated basis. Any permanent
25 teacher who is promoted with his or her consent to a supervisory position
26 including principal or assistant principal, or is first employed by a district in a
27 supervisory position including principal or assistant principal, shall not have
28 permanent status in such position but shall retain tenure in the position
29 previously held within the district, or, after serving two years as principal or
30 assistant principal, shall have tenure as a permanent teacher of that system;
31 (5) "Probationary teacher", any teacher as herein defined who has been
32 employed in the same school district for five successive years or less. In the case
33 of any probationary teacher who has been employed in any other school system
34 as a teacher for two or more years, the board of education shall waive one year
35 of his or her probationary period;
36 (6) "School district", every school district in this state, except metropolitan
37 school district as defined in section [162.571] 160.011;
38 (7) "Teacher", any employee of a school district, except a metropolitan
39 school district, regularly required to be certified under laws relating to the
40 certification of teachers, except superintendents and assistant superintendents
41 but including certified teachers who teach at the prekindergarten level in a
42 nonmetropolitan public school within a prekindergarten program in which no fees
43 are charged to parents or guardians.
168.110. The board of education of a school district may modify an
2 indefinite contract annually on or before the fifteenth day of May in the following
3 particulars:
4 (1) Determination of the date of beginning and length of the next school
5 year;
6 (2) Fixing the amount of annual compensation for the following school
7 year as provided by [the salary schedule adopted by the board of education
8 applicable to all teachers] section 168.225. The modifications shall be effective
9 at the beginning of the next school year. All teachers affected by the modification
10 shall be furnished written copies of the modifications within thirty days after

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11 their adoption by the board of education.
168.125. No teacher first employed by a district on or after
2 August 28, 2019, shall be eligible to receive an indefinite contract. Any
3 teacher first employed by a district on or after