168.120. Appeal by teacher, procedure. — 1. The teacher shall have the right to appeal from the decision of the board of education to the circuit court of the county where the employing school district is located. The appeal shall be taken within fifteen days after service of a copy of the decision of the board of education upon the teacher, and if an appeal is not taken within the time, then the decision of the board of education shall become final.
2. The appeal may be taken by filing notice of appeal with the board of education, whereupon the board of education, under its certificate, shall forward to the court all documents and papers on file in the matter, together with a transcript of the evidence, the findings and the decision of the board of education, which shall thereupon become the record of the cause. Such appeal shall be heard as provided in chapter 536.
3. Appeals from the circuit court shall be allowed in the same manner as in civil actions, except that the original transcript prepared and filed in the circuit court by the board of education, together with a transcript of the proceedings had in the circuit court, shall constitute the transcript on appeal in the appellate court. The board of education shall make available, to the parties, copies of any transcript prepared and filed by it in the circuit court and upon final determination of the cause in the appellate court the original record of the board of education filed as a part of the transcript on appeal shall be certified back to the board of education by the appellate court. In all appeals from the board of education or circuit court the costs thereof shall be assessed against the losing party as provided by law in civil cases. All appeals to the circuit court and appellate courts shall have precedence over all cases except election contests.
4. If the circuit court finds for the teacher, he shall be restored to permanent teacher status and shall receive compensation for the period during which he may have been suspended from work, and such other relief as may be granted by the court.
Notes of Decisions
Hagely v. Bd. of Educ. of Webster Groves Sch. Dist., 841 S.W.2d 663 (Mo. 1992).
· cites it 5× “The circuit court sustained the motion to dismiss on the grounds that the claims were barred by the time limitations set forth in both the Teacher Tenure Act, § 168.120, and the Administrative Procedure Act, § 536.”
Ross v. Robb, 651 S.W.2d 680 (Mo. Ct. App. 1983).
· cites it 10× “118, RSMo 1978) dismissal was ordered and the teacher appealed (§ 168.120, RSMo 1978) to the circuit court.”
Keesee v. Meadow Heights R-II Sch. Dist., 865 S.W.2d 818 (Mo. Ct. App. 1993).
· cites it 10× “After filing with the Board her notice of appeal to the circuit court, § 168.120, RSMo 1986, [2] Appellant filed a petition in that court.”
Kimble v. Worth Cnty. R-III Bd. of Educ., 669 S.W.2d 949 (Mo. Ct. App. 1984).
· cites it 6× “" Parenthetically, the judgment of the circuit court evaporates insofar as having any bearing on judicial review at the appellate level due to strictures imposed thereon in contested administrative cases, infra.”
Aubuchon v. Gasconade Cnty. R-1 Sch. Dist., 541 S.W.2d 322 (Mo. Ct. App. 1976).
· cites it 4× “Plaintiff appealed the Board’s decision to the circuit court pursuant to § 168.120 RSMo. 1969. The circuit court upheld the Board’s action, and plaintiff has appealed.”
Lacks v. Ferguson Reorganized Sch. Dist., R-2, 936 F. Supp. 676 (E.D. Mo. 1996).
· cites it 9× “In her first amended complaint, plaintiff seeks judicial review of the school board's termination decision under Missouri law, Mo.Rev.Stat. § 168.120 (Count I), alleges that defendant violated the Due Process Clause (Count II) and First Amendment (Count III) to both the United…”
Tuffli v. Bd. of Educ. of the Wentzville R-4 Sch. Dist., 603 S.W.2d 77 (Mo. Ct. App. 1980).
· cites it 4× “Defendant school district moved to dismiss the appeal on the ground plaintiff had failed to file a timely notice of appeal “as prescribed by Section 168.120 M.R.S.” in St. Charles County, where defendant school district is located.”
Tuffli v. Bd. of Educ., 643 S.W.2d 296 (Mo. Ct. App. 1982).
· cites it 4× “1 Section 168.120, RSMo (1978), provides, inter alia, that a teacher aggrieved by a decision of the board of education may seek review by filing a notice of appeal with the board within fifteen days of its decision.”
Dorf v. Consol. Sch. Dist. No. 4, 739 S.W.2d 751 (Mo. Ct. App. 1987).
· cites it 5× “[Section 168.120] provides for appeal of a decision of a board of education to terminate a teacher’s indefinite contract upon the filing of a notice of appeal with the board within fifteen (15) days after service of a copy of the decision.”
Moore v. Bd. of Ed. of Sp. Sch. Dist., Etc., 547 S.W.2d 188 (Mo. Ct. App. 1977).
· cites it 2× “” Appellant thereupon filed a timely notice of appeal in accordance with § 168.120, RSMo 1969. On December 20, 1974, the circuit court dismissed the appeal.”
— Mo. Rev. Stat. § 168.120(2) — 2 cases
Kimble v. Worth Cnty. R-III Bd. of Educ., 669 S.W.2d 949 (Mo. Ct. App. 1984).
“" Parenthetically, the judgment of the circuit court evaporates insofar as having any bearing on judicial review at the appellate level due to strictures imposed thereon in contested administrative cases, infra.”
— Mo. Rev. Stat. § 168.120(4) — 1 case
Lacks v. Ferguson Reorganized Sch. Dist., R-2, 936 F. Supp. 676 (E.D. Mo. 1996).
“In her first amended complaint, plaintiff seeks judicial review of the school board's termination decision under Missouri law, Mo.Rev.Stat. § 168.120 (Count I), alleges that defendant violated the Due Process Clause (Count II) and First Amendment (Count III) to both the United…”
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