168.118. Termination hearing, procedure, costs. — If a hearing is requested on the termination of an indefinite contract it shall be conducted by the board of education in accordance with the following provisions:
(1) The hearing shall be public;
(2) Both the teacher and the person filing charges may be represented by counsel who may cross-examine witnesses;
(3) Testimony at hearings shall be on oath or affirmation administered by the president of the board of education, who for the purpose of hearings held under sections 168.102 to 168.130 shall have the authority to administer oaths;
(4) The school board shall have the power to subpoena witnesses and documentary evidence as provided in section 536.077 and shall do so on its own motion or at the request of the teacher against whom charges have been made. The school board shall hear testimony of all witnesses named by the teacher; however, the school board may limit the number of witnesses to be subpoenaed on behalf of the teacher to not more than ten;
(5) The board of education shall employ a stenographer who shall make a full record of the proceedings of the hearings and who shall, within ten days after the conclusion thereof, furnish the board of education and the teacher, at no cost to the teacher, with a copy of the transcript of the record, which shall be certified by the stenographer to be complete and correct. The transcript shall not be open to public inspection, unless the hearing on the termination of the contract was an open hearing or if an appeal from the decision of the board is taken by the teacher;
(6) All costs of the hearing shall be paid by the school board except the cost of counsel for the teacher;
(7) The decision of the board of education resulting in the demotion of a permanent teacher or the termination of an indefinite contract shall be by a majority vote of the members of the board of education and the decision shall be made within seven days after the transcript is furnished them. A written copy of the decision shall be furnished the teacher within three days thereafter.
Notes of Decisions
Moore v. Bd. of Educ. of Fulton Pub. Sch. No. 58, 836 S.W.2d 943 (Mo. 1992).
· cites it 4× “Section 168.118(5) provides that a transcript must be furnished to the Board within ten days following the hearing, leaving only three days until the election in which to make a decision and prepare written findings of fact and conclusions of law.”
Ross v. Robb, 651 S.W.2d 680 (Mo. Ct. App. 1983).
· cites it 8× “After a public hearing, (§ 168.118, RSMo 1978) dismissal was ordered and the teacher appealed (§ 168.”
Harrisburg R-VIII Sch. Dist. v. O'Brian, 540 S.W.2d 945 (Mo. Ct. App. 1976).
· cites it 7× “The transcript of the record of the hearing held by the board of education of the District pursuant to Section 168.118, RSMo 1969, reveals that the parties stipulated (subject only to an objection reserved by the District which need not be ruled on) that when the superintendent…”
O'Connell v. Sch. Dist. of Springfield R-12, 830 S.W.2d 410 (Mo. 1992).
· cites it 4× “Prior to any hearing that may occur pursuant to § 168.118, RSMo 1986, § 168.116 requires compliance with a three-step process, the first two of which are explained in Selby v.”
Ross v. Robb, 662 S.W.2d 257 (Mo. 1983).
· cites it 3× “Robert Ross, after public hearing pursuant to section 168.118, RSMo 1978, was found by the Board of Education of the Moberly, Missouri, Public School District No.”
Kimble v. Worth Cnty. R-III Bd. of Educ., 669 S.W.2d 949 (Mo. Ct. App. 1984).
· cites it 4× “Following a public hearing pursuant to § 168.118, RSMo 1978, Mary Ellen Kimble, a "permanent teacher", was found by The Worth County R-III Board of Education to have engaged in "immoral conduct" (§ 168.”
Jackson v. Bd. of Directors, 9 S.W.3d 68 (Mo. Ct. App. 2000).
· cites it 10× “The board contends that the trial court erred in overturning its termination of Jackson’s contract as a permanent teacher because 1) the circuit court misinterpreted § 168.118 1 as requiring all board members to be physically present during presentation of oral testimony; 2 and…”
Clark v. Bd. of Directors of the Sch. Dist., 915 S.W.2d 766 (Mo. Ct. App. 1996).
· cites it 2× “After a public hearing pursuant to § 168.118 RSMo 1994, the Board of Directors of the Kansas City, Missouri School District found the disciplinary methods used by Charles Clark (“appellant”) to be “inappropriate corporal punishment” and refused to renew his indefinite employment…”
Hagely v. Bd. of Educ. of Webster Groves Sch. Dist., 841 S.W.2d 663 (Mo. 1992).
“1 3 of the Teacher Tenure Act *667 applies exclusively to termination or demotion decisions made after a hearing pursuant to § 168.118, and not to other decisions made by school boards generally or pursuant to internal grievance procedures.”
Long v. Sch. Dist. of Univ. City, 777 S.W.2d 944 (Mo. Ct. App. 1989).
· cites it 4× “-104(2) which defines the term and Section 168.118. The latter section sets forth the due process required when a hearing is requested on the termination of an indefinite contract.”
Vilelle v. Reorganized Sch. Dist. No. R-1, 689 S.W.2d 72 (Mo. Ct. App. 1985).
· cites it 2× “The plaintiff in this case is a tenured teacher, and the terms of his employment are in part governed by the Teacher Tenure Act, § 168.”
— Mo. Rev. Stat. § 168.118(5) — 1 case
Moore v. Bd. of Educ. of Fulton Pub. Sch. No. 58, 836 S.W.2d 943 (Mo. 1992).
“Section 168.118(5) provides that a transcript must be furnished to the Board within ten days following the hearing, leaving only three days until the election in which to make a decision and prepare written findings of fact and conclusions of law.”
— Mo. Rev. Stat. § 168.118(7) — 5 cases
Jackson v. Bd. of Directors, 9 S.W.3d 68 (Mo. Ct. App. 2000).
“The board contends that the trial court erred in overturning its termination of Jackson’s contract as a permanent teacher because 1) the circuit court misinterpreted § 168.118 1 as requiring all board members to be physically present during presentation of oral testimony; 2 and…”
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