Mo. Rev. Stat. » Chapter 162
Missouri Revised Statutes

Mo. Rev. Stat. § 162.261 (2026)

Seven-director district, board of, terms

✓ current as of May 2026
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  162.261.  Seven-director district, board of, terms — vacancies — prohibition on hiring spouse of board member, when — constitutional prohibition on nepotism applies to districts. — 1.  The government and control of a seven-director school district, other than an urban district, is vested in a board of education of seven members, who hold their office for three years, except as provided in sections 162.241 and 162.563, and until their successors are duly elected and qualified.  Any vacancy occurring in the board shall be filled by the remaining members of the board; except that if there are more than two vacancies at any one time, the county commission upon receiving written notice of the vacancies shall fill the vacancies by appointment.  If there are more than two vacancies at any one time in a county without a county commission, the county executive upon receiving written notice of the vacancies shall fill the vacancies, with the advice and consent of the county council, by appointment.  The person appointed shall hold office until the next municipal election, when a director shall be elected for the unexpired term.

  2.  No seven-director, urban, or metropolitan school district board of education shall hire a spouse of any member of such board for a vacant or newly created position unless the position has been advertised pursuant to board policy and the superintendent of schools submits a written recommendation for the employment of the spouse to the board of education.  The names of all applicants as well as the name of the applicant hired for the position shall be included in the board minutes.

  3.  The provisions of Article VII, Section 6 of the Missouri Constitution apply to school districts.

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(L. 1963 p. 200 § 3-26, A.L. 1973 H.B. 158, A.L. 1978 H.B. 971, A.L. 1979 H.B. 280, A.L. 2003 S.B. 686, A.L. 2004 S.B. 968 and S.B. 969, A.L. 2016 S.B. 638, A.L. 2022 S.B. 681 & 662)

(Source: RSMo 1959 § 165.317)

Notes of Decisions
Cited in 5 cases, 1984–2016 · leading case: Sherwood Nat'l Educ. Ass'n v. Sherwood-Cass R-VIII Sch. Dist., 168 S.W.3d 456 (Mo. Ct. App. 2005).
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Sherwood Nat'l Educ. Ass'n v. Sherwood-Cass R-VIII Sch. Dist., 168 S.W.3d 456 (Mo. Ct. App. 2005). · cites it 2× “1 Section 162.261 vests the government and control of each District in a Board of Education.”
Missouri State Conf. of the Nat'l Ass'n for the Advancement of Colored People v. Ferguson-Florissant Sch. Dist., 201 F. Supp. 3d 1006 (E.D. Mo. 2016). “§§ 162.261; 162.291; see also Joint Stip.”
Burnett v. Kansas City Sch. Bd., 237 S.W.3d 237 (Mo. Ct. App. 2007). “See sections 162.261, 162.301 (“seven-director school district, other than an urban district”); section 162.”
Elam ex rel. Waynesville R-VI Sch. Dist. v. Waynesville R-VI Sch. Dist., 676 S.W.2d 880 (Mo. Ct. App. 1984). · cites it 2× “*884 Section 162.261 in part provides: “The government and control of a six-director school district .”
Opinion No. (2004) (Mo. Att'y Gen. 2004). · cites it 6× “" Section 162.261 does not contain language specifically identifying which county commission would make such appointments in the case of a school district having territory in more than one county, but the terms of the statute contemplate that a single county commission would…”
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