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.
Notes of Decisions
Dial v. Lathrop R-II Sch. Dist., 871 S.W.2d 444 (Mo. 1994).
· cites it 17× “In 1990, the General Assembly amended portions of the Teacher Tenure Act including sections 168.104, 168.110, RSMo Supp.1993.”
Inman v. Reorganized Sch. Dist. No. II, 845 S.W.2d 688 (Mo. Ct. App. 1993).
· cites it 18× “contract and employ legally certificated teachers not employed as superintendent of the district and not eligible under section 168.104, RSMo 1969, to gain permanent status or tenure in the position held within the school system.”
Lopez v. Vance, 509 S.W.2d 197 (Mo. Ct. App. 1974).
· cites it 18× “" The court then stated that upon "re-reading of subparagraph 4 of § 168.104 the Court will find in favor of the Defendants and against the Plaintiff.”
Fuller v. North Kansas City Sch. Dist., 629 S.W.2d 404 (Mo. Ct. App. 1981).
· cites it 16× “101(1) apply to those “not eligible under § 168.104, RSMo.1969, to gain permanent status or tenure in the position held within the school system.”
Hudson v. Marshall, 549 S.W.2d 147 (Mo. Ct. App. 1977).
· cites it 13× “277, § 1) gives certain employment rights to “legally certificated teachers not employed as superintendent of the district and not eligible under § 168.104 RSMo 1969, to gain permanent status or tenure in the position held within the school system.”
Sadler v. Bd. of Educ. of Cabool Sch. Dist. R-4, 851 S.W.2d 707 (Mo. Ct. App. 1993).
· cites it 11× “Section 168.104, RSMo 1986, defines a permanent teacher, in pertinent part, as “any teacher_ employed as a teacher in the same school district for five successive years.”
Sherwood Nat'l Educ. Ass'n v. Sherwood-Cass R-VIII Sch. Dist., 168 S.W.3d 456 (Mo. Ct. App. 2005).
· cites it 7× “” The plaintiffs contend that such an arrangement exceeds the scope of the District’s authority under the Missouri Teacher Tenure Act, §§ 168.104 et seq., RSMo. The plaintiffs requested as relief the granting to all other teachers the same fees.”
Stolov v. Jackson Cnty. Sch. Dist. C-1 of Hickman Mills, 408 S.W.3d 218 (Mo. Ct. App. 2013).
· cites it 54× “104(7) does not apply to the waiver provision, in *225 addition to the conflict between the phrase "in any other school system” and the word "teacher,” Stolov notes that section 168.104 contemplates that the definitions set out in that section will not always apply.”
McCormack v. Maplewood-Richmond Heights Sch. Dist. Bd. of Educ., 935 S.W.2d 703 (Mo. Ct. App. 1996).
· cites it 9× “contract and employ legally certified teachers, not employed as superintendent of the district and not eligible under Section 168.104 to gain permanent status or tenure in the position held within the school system.”
Keesee v. Meadow Heights R-II Sch. Dist., 865 S.W.2d 818 (Mo. Ct. App. 1993).
· cites it 8× “118, RSMo 1986, the Board of Education ("the Board"), § 168.104(1), RSMo Cum.Supp.1990, terminated Appellant's contract because of incompetency and inefficiency, § 168.”
Valter v. Orchard Farm Sch. Dist., 541 S.W.2d 550 (Mo. 1976).
· cites it 5× “Does that constitute full time employment for four years with continued employment for a fifth year? This question necessarily involves a determination of the meaning of the term “year” as used in § 168.104(4) and (5) and whether his employment during the 1969-70 school year…”
— Mo. Rev. Stat. § 168.104(1) — 3 cases
Keesee v. Meadow Heights R-II Sch. Dist., 865 S.W.2d 818 (Mo. Ct. App. 1993).
“118, RSMo 1986, the Board of Education ("the Board"), § 168.104(1), RSMo Cum.Supp.1990, terminated Appellant's contract because of incompetency and inefficiency, § 168.”
— Mo. Rev. Stat. § 168.104(2) — 6 cases
Sherwood Nat'l Educ. Ass'n v. Sherwood-Cass R-VIII Sch. Dist., 168 S.W.3d 456 (Mo. Ct. App. 2005).
“” The plaintiffs contend that such an arrangement exceeds the scope of the District’s authority under the Missouri Teacher Tenure Act, §§ 168.104 et seq., RSMo. The plaintiffs requested as relief the granting to all other teachers the same fees.”
— Mo. Rev. Stat. § 168.104(3) — 9 cases
Dial v. Lathrop R-II Sch. Dist., 871 S.W.2d 444 (Mo. 1994).
“In 1990, the General Assembly amended portions of the Teacher Tenure Act including sections 168.104, 168.110, RSMo Supp.1993.”
Sadler v. Bd. of Educ. of Cabool Sch. Dist. R-4, 851 S.W.2d 707 (Mo. Ct. App. 1993).
“Section 168.104, RSMo 1986, defines a permanent teacher, in pertinent part, as “any teacher_ employed as a teacher in the same school district for five successive years.”
Sherwood Nat'l Educ. Ass'n v. Sherwood-Cass R-VIII Sch. Dist., 168 S.W.3d 456 (Mo. Ct. App. 2005).
“” The plaintiffs contend that such an arrangement exceeds the scope of the District’s authority under the Missouri Teacher Tenure Act, §§ 168.104 et seq., RSMo. The plaintiffs requested as relief the granting to all other teachers the same fees.”
— Mo. Rev. Stat. § 168.104(4) — 36 cases
Dial v. Lathrop R-II Sch. Dist., 871 S.W.2d 444 (Mo. 1994).
“In 1990, the General Assembly amended portions of the Teacher Tenure Act including sections 168.104, 168.110, RSMo Supp.1993.”
Lopez v. Vance, 509 S.W.2d 197 (Mo. Ct. App. 1974).
“" The court then stated that upon "re-reading of subparagraph 4 of § 168.104 the Court will find in favor of the Defendants and against the Plaintiff.”
Valter v. Orchard Farm Sch. Dist., 541 S.W.2d 550 (Mo. 1976).
“Does that constitute full time employment for four years with continued employment for a fifth year? This question necessarily involves a determination of the meaning of the term “year” as used in § 168.104(4) and (5) and whether his employment during the 1969-70 school year…”
Inman v. Reorganized Sch. Dist. No. II, 845 S.W.2d 688 (Mo. Ct. App. 1993).
“contract and employ legally certificated teachers not employed as superintendent of the district and not eligible under section 168.104, RSMo 1969, to gain permanent status or tenure in the position held within the school system.”
Fuller v. North Kansas City Sch. Dist., 629 S.W.2d 404 (Mo. Ct. App. 1981).
“101(1) apply to those “not eligible under § 168.104, RSMo.1969, to gain permanent status or tenure in the position held within the school system.”
— Mo. Rev. Stat. § 168.104(5) — 13 cases
Lopez v. Vance, 509 S.W.2d 197 (Mo. Ct. App. 1974).
“" The court then stated that upon "re-reading of subparagraph 4 of § 168.104 the Court will find in favor of the Defendants and against the Plaintiff.”
Stolov v. Jackson Cnty. Sch. Dist. C-1 of Hickman Mills, 408 S.W.3d 218 (Mo. Ct. App. 2013).
“104(7) does not apply to the waiver provision, in *225 addition to the conflict between the phrase "in any other school system” and the word "teacher,” Stolov notes that section 168.104 contemplates that the definitions set out in that section will not always apply.”
Hudson v. Marshall, 549 S.W.2d 147 (Mo. Ct. App. 1977).
“277, § 1) gives certain employment rights to “legally certificated teachers not employed as superintendent of the district and not eligible under § 168.104 RSMo 1969, to gain permanent status or tenure in the position held within the school system.”
McCormack v. Maplewood-Richmond Heights Sch. Dist. Bd. of Educ., 935 S.W.2d 703 (Mo. Ct. App. 1996).
“contract and employ legally certified teachers, not employed as superintendent of the district and not eligible under Section 168.104 to gain permanent status or tenure in the position held within the school system.”
— Mo. Rev. Stat. § 168.104(6) — 1 case
Stolov v. Jackson Cnty. Sch. Dist. C-1 of Hickman Mills, 408 S.W.3d 218 (Mo. Ct. App. 2013).
“104(7) does not apply to the waiver provision, in *225 addition to the conflict between the phrase "in any other school system” and the word "teacher,” Stolov notes that section 168.104 contemplates that the definitions set out in that section will not always apply.”
— Mo. Rev. Stat. § 168.104(7) — 14 cases
Hudson v. Marshall, 549 S.W.2d 147 (Mo. Ct. App. 1977).
“277, § 1) gives certain employment rights to “legally certificated teachers not employed as superintendent of the district and not eligible under § 168.104 RSMo 1969, to gain permanent status or tenure in the position held within the school system.”
Inman v. Reorganized Sch. Dist. No. II, 845 S.W.2d 688 (Mo. Ct. App. 1993).
“contract and employ legally certificated teachers not employed as superintendent of the district and not eligible under section 168.104, RSMo 1969, to gain permanent status or tenure in the position held within the school system.”
Stolov v. Jackson Cnty. Sch. Dist. C-1 of Hickman Mills, 408 S.W.3d 218 (Mo. Ct. App. 2013).
“104(7) does not apply to the waiver provision, in *225 addition to the conflict between the phrase "in any other school system” and the word "teacher,” Stolov notes that section 168.104 contemplates that the definitions set out in that section will not always apply.”
McCormack v. Maplewood-Richmond Heights Sch. Dist. Bd. of Educ., 935 S.W.2d 703 (Mo. Ct. App. 1996).
“contract and employ legally certified teachers, not employed as superintendent of the district and not eligible under Section 168.104 to gain permanent status or tenure in the position held within the school system.”
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