Missouri Revised Statutes

Mo. Rev. Stat. § 168.110 (2026)

Contract modification, when

✓ current as of May 2026

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168.110. Contract modification, when — definitions — differential placement, when, requirements. — 1. As used in this section, the following terms mean:

(1) "Hard-to-staff schools", attendance centers where the percentage of certificated positions in the attendance center that were left vacant or were filled with a teacher not fully qualified in the prior academic year exceeds ten percent as reported to the department of elementary and secondary education;

(2) "Hard-to-staff subject areas", content areas for which positions were left vacant or were filled with a teacher not fully qualified in the prior academic year as reported to the department of elementary and secondary education.

2. The board of education of a school district may modify an indefinite contract annually on or before the fifteenth day of May in the following particulars:

(1) Determination of the date of beginning and length of the next school year;

(2) Fixing 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.

3. The board of education of a school district may include differentiated placement of teachers on the salary schedule to increase compensation in order to recruit and retain teachers in hard-to-staff subject areas or hard-to-staff schools. The board may annually review its hard-to-staff subject areas and hard-to-staff schools. No modifications to the identification of hard-to-staff subject areas or hard-to-staff schools, or both, for the purpose of placement on the salary schedule shall result in the demotion of a teacher in the salary schedule.

4. Any salary schedule that includes differentiated placement of teachers on the salary schedule under subsection 3 of this section for hard-to-staff subject areas or hard-to-staff schools, or both, shall be set prior to approval by such board of education.

5. The modifications shall be effective at the beginning of the next school year. All teachers affected by the modification shall be furnished written copies of the modifications within thirty days after their adoption by the board of education.

6. Each school district that includes differentiated placement of teachers on the district salary schedule shall annually provide to the department of elementary and secondary education a report containing the following information:

(1) The salary schedule adopted by the district;

(2) The number of positions filled by differentiated placement of teachers for hard-to-staff subject areas;

(3) The number of positions filled with differentiated placement of teachers for hard-to-staff schools;

(4) The number of steps and additional compensation that teachers with differentiated placement received for the school year; and

(5) Any other relevant information required by the department.

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(L. 1969 p. 275 § 168.105, A.L. 1990 S.B. 740, A.L. 2024 S.B. 727)

(1993) The protection of the Teacher Tenure Act extends to only those provisions in teacher-school district contracts that cover teaching duties, being only those duties that require a teaching certificate. This act does not prevent a school board from unilaterally eliminating from a teacher's contract his extra and extended duties and the pay therefor. Sadler v. Board of Education of Cabool School District R-4, 851 S.W.2d 707 (Mo. App. S.D.).

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1973–2021 · 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 10× “011 to make “all needful rules and regulations for the organization, grading and government in the school district.”

Indep.-Nat'l Educ. Ass'n v. Indep. Sch. Dist., 223 S.W.3d 131 (Mo. 2007). · cites it 4× “Since the passage of the teachers' tenure act in 1969, courts have held that school districts may not unilaterally change the terms of teachers' contracts except as allowed in the limited circumstances set forth in section 168.110. Dial v. Lathrop R-II School Dist.”

Sadler v. Bd. of Educ. of Cabool Sch. Dist. R-4, 851 S.W.2d 707 (Mo. Ct. App. 1993). · cites it 13× “Later, in the plaintiff’s 1991-92 contract, the Board eliminated the extra and extended duties and the pay therefor without following § 168.110. The plaintiff then filed this action seeking a determination of his rights under the statute and under the contract and seeking pay…”

Hagely v. Bd. of Educ. of Webster Groves Sch. Dist., 841 S.W.2d 663 (Mo. 1992). · cites it 4× “Each channel was further divided into several steps.”

O'Connell v. Sch. Dist. of Springfield R-12, 830 S.W.2d 410 (Mo. 1992). · cites it 4× “See § 168.110, RSMo 1986. In the month of May, Mr.”

Vilelle v. Reorganized Sch. Dist. No. R-1, 689 S.W.2d 72 (Mo. Ct. App. 1985). · cites it 6× “104, that his contract may be modified only in accordance with § 168.110, and that his salary is that set out in the salary schedules adopted by the school district for each of the three years involved.”

Dial v. Lathrop R-II Sch. Dist., 871 S.W.2d 444 (Mo. 1994). · cites it 2× “§ 168.110, RSMo Supp.1993. The first method is not at issue in this ease.”

Long v. Sch. Dist. of Univ. City, 777 S.W.2d 944 (Mo. Ct. App. 1989). · cites it 4× “That is because the District failed to fix Long’s salary pursuant to the salary schedule, which is the only salary modification permitted under Section 168.110. Instead, by having Long sign a modification of her contract, the District apparently attempted to act pursuant to…”

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 5× “In view of the stipulation concerning the testimony of the six teachers being typical, there was evidence to support that finding of the trial court.”

Sch. Dist. of Kansas City v. Clymer, 554 S.W.2d 483 (Mo. Ct. App. 1977). “-106, but the indefinite contract may be modified for the ensuing year on or before April 15th by the board as to the length of the school year, and in fixing the amount of annual compensation for the following school year as provided by the board’s adopted salary schedules…”

Campbell v. Reorganized Sch. Dist. No. 1, 904 S.W.2d 18 (Mo. Ct. App. 1995). · cites it 9× “Secondly, a school district may unilaterally modify an indefinite contract annually on or before the fifteenth day of May in the following particulars: (1) Determination of the date of beginning and length of the next school year; (2) Fixing the amount of annual compensation for…”

Hudson v. Marshall, 549 S.W.2d 147 (Mo. Ct. App. 1977). “,” § 168.110; “salary schedule adopted by the board of education,” § 168.”

Show all 17 citing cases →

— Mo. Rev. Stat. § 168.110(2) — 3 cases

Sherwood Nat'l Educ. Ass'n v. Sherwood-Cass R-VIII Sch. Dist., 168 S.W.3d 456 (Mo. Ct. App. 2005). “011 to make “all needful rules and regulations for the organization, grading and government in the school district.”

Vilelle v. Reorganized Sch. Dist. No. R-1, 689 S.W.2d 72 (Mo. Ct. App. 1985). “104, that his contract may be modified only in accordance with § 168.110, and that his salary is that set out in the salary schedules adopted by the school district for each of the three years involved.”

Long v. Sch. Dist. of Univ. City, 777 S.W.2d 944 (Mo. Ct. App. 1989). “That is because the District failed to fix Long’s salary pursuant to the salary schedule, which is the only salary modification permitted under Section 168.110. Instead, by having Long sign a modification of her contract, the District apparently attempted to act pursuant to…”

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