168.108. Contract, form of — requirements. — 1. Every indefinite contract shall contain the following provisions in substantially the following form:
"It is hereby agreed by and between ______, the teacher, and the Board of Education of ______ School District, the employer, that the teacher, beginning on the ______ day of ______, 20______, shall serve in the employ of the Board of Education and its successors for a term of ______ months (the number of school months of the school year in the school district) for an annual compensation of $ ______, to be paid to the teacher in equal installments according to local school board regulations less the contributions required by law."
"It is further agreed by the parties hereto that this contract shall continue in force from year to year, until modified or terminated in accordance with the provisions of sections 168.102 to 168.130, RSMo, and any amendments thereto prior to the date of this contract."
2. Every indefinite contract shall be made by the order of the board of education, shall be in writing and shall be signed by the permanent teacher and the president of the board of education, or a facsimile signature of the president may be affixed at his direction, and the contract shall be attested by the secretary of the board of education by signature or facsimile.
Notes of Decisions
Willett v. Reorganized Sch. Dist. No. 2 of Osage Cnty., 602 S.W.2d 44 (Mo. Ct. App. 1980).
· cites it 2× “The district rather feebly makes the point that the teacher provisions of the statutes applied to the superintendent, which would limit the term of employment to the number of months in the school year, § 168.108, RSMo 1978. It bases this argument upon the fact that the contract…”
Hirbe v. Hazelwood Sch. Dist., 532 S.W.2d 848 (Mo. Ct. App. 1975).
· cites it 2× “” This is made evident when we look to § 168.108 of the Teacher Tenure Act pertaining to the provisions required to be incorporated in an indefinite contract.”
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× “110 provides a district may modify an indefinite contract annually on or before the 15th day of April by “[fjixing the amount of annual compensation for the following school year as provided by the salary schedule adopted by the board of education applicable to all teachers.”
Kersey v. Harbin, 531 S.W.2d 76 (Mo. Ct. App. 1975).
“201 authorizes district boards of education to employ a superintendent and “other servants and agents”, but the district, not the statute, prescribes the duties of such employees, and, assuming that the instructors here involved are tenured teachers, § 168.108 does not purport…”
Campbell v. Reorganized Sch. Dist. No. 1, 904 S.W.2d 18 (Mo. Ct. App. 1995).
· cites it 2× “Tenured teachers received indefinite contracts conforming to the requirements of section 168.108. Select tenured teachers who were to perform extra duties and/or extra months of service received a separate and additional one-year contract specifying compensation for the extra…”
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