Representation
When a professional staff member appears before the Board or administration at the level of
Director or above concerning any matter that could adversely affect the teacher’s employment,
assignment or salary, the teacher may invite a representative of his or her choice. All teachers will
be annually notified of this right. The teacher must give written consent for the district to disclose
confidential information to the teacher representative.
Noncertificated Personnel
Employees with Contracts
Employees with contracts will be terminated after due process in accordance with the contract and
law.
Employees without Contracts
The superintendent may terminate employees who are not under contract. The superintendent shall
report any such termination or suspension to the Board of Education, and the decision will stand
approved unless reversed by the Board.
Certificated Personnel
Employees whose positions require a teaching certificate in accordance with law (certificated
personnel) shall be terminated in accordance with the provisions of the Teacher Tenure Act of
Missouri or other applicable law. In addition to termination, the district reserves the right to file and
prosecute charges with the State Board of Education for the revocation of a teaching certificate,
pursuant to state law. The district may also petition the office of the Attorney General to file
charges with the State Board of Education on behalf of the school district for any reason other than
annulment of contract.
The superintendent or designee shall immediately provide written notice to the State Board of
Education and the Attorney General upon learning that a certificated employee has pled guilty to
or was found guilty of any offense that would authorize the State Board to seek discipline or revoke
a teaching certificate.
Tenured Teachers
I. Method
A. A tenured teacher shall not be terminated by the Board of Education of a school
district except for one or more of the following causes:
1. Physical or mental condition unfitting him or her to instruct or associate with
children.
2. Immoral conduct.
3. Incompetency, inefficiency or insubordination in the line of duty.
4. Willful or persistent violation of or failure to obey the school laws of the
state or the published regulations of the Board of Education of the school
district employing him or her.
5. Excessive or unreasonable absence from performance of duties.
6. Conviction of a felony or crime involving moral turpitude.
B. In determining the professional competency or efficiency of a tenured teacher,
consideration should be given to regular and special evaluation reports prepared in
accordance with district policy and to any written standards of performance adopted
by the Board.
C. A tenured teacher's contract may not be terminated by the Board of Education until
after service upon the teacher of written charges specifying with particularity the
grounds alleged to exist for termination of such contract, notice of a hearing on
charges and, if requested by the teacher, a hearing by the Board of Education.
D. If the charges are for incompetency, inefficiency or insubordination, at least 30 days
before service of the notice of charges, the superintendent will give the teacher a
warning in writing stating specifically the causes which, if not removed, may result
in charges. Thereafter, the superintendent or designee and the teacher shall meet in
an effort to resolve the matter. Thirty days' notice is not necessary for termination
for charges other than incompetency, inefficiency and insubordination.
E. Notice of a hearing upon charges, together with a copy of charges, shall be served
on the tenured teacher at least 20 days prior to the date of the hearing. The notice
and copy of charges may be served upon the teacher by certified mail with personal
delivery, addressed to the employee at his or her last known address. If the teacher
or the teacher's agent does not within ten days after receipt of the notice request a
hearing on the charges, the Board may, by a majority vote, order the contract of the
teacher terminated. If a hearing is requested by either the teacher or the Board of
Education, it shall take place not less than 20 or more than 30 days after notice of
the hearing has been furnished to the tenured teacher.
F. On the filing of charges in accordance with this section, the Board may suspend the
teacher from active performance of duty until a decision is rendered by the Board,
but the teacher's salary shall be continued during such suspension unless the law
requires the suspension to be without pay. If a decision to terminate a teacher's
employment is appealed and the decision is reversed, the teacher shall be paid his
or her salary lost while the appeal was pending.
G. Personnel whose services are terminated, either by the employee or employer, will
lose all accumulated benefits as of the date of termination.
II. Termination Hearing
If a hearing is requested on the termination of a tenured contract or is otherwise used for the
termination of a professional staff member under this policy, it shall be conducted by the
Board of Education in accordance with the following provisions:
A. The hearing shall be public.
B. Both the teacher and the person filing charges may be represented by counsel who
may cross-examine witnesses.
C. Testimony at hearings shall be on oath or affirmation administered by the president
of the Board of Education who shall have the authority to administer oaths in
accordance with law.
D. The Board shall have the power to subpoena witnesses and documentary evidence
as provided in § 536.077, RSMo., and shall do so on its own motion or at the request
of the teacher against whom charges have been made. The Board shall hear
testimony of all witnesses named by the teacher. However, the Board may limit the
number of witnesses to be subpoenaed on behalf of the teacher to not more than ten.
E. 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, 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.
F. All costs of the hearing shall be paid by the Board except the cost of counsel for the
teacher.
G. The decision of the Board of Education resulting in the demotion of a tenured
teacher or the termination of a tenured 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 to the teacher within three days thereafter.
III. Appeal
A. The teacher may appeal the decision of the Board of Education to the circuit court
of the county where the district is located. The appeal shall be taken within 15 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 that time, the decision of the Board of Education
shall become final.
B. 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, RSMo.
Probationary Teachers
A probationary teacher may be terminated during the course of a contract for any legal reason
including, but not limited to, the reasons for terminating a tenured teacher.
If in the opinion of the Board of Education any probationary teacher has been doing unsatisfactory
work, the Board of Education, through its authorized administrative representative, shall provide
the teacher with a written statement definitely setting forth his or her alleged incompetency and
specifying the nature thereof in order to furnish the teacher an opportunity to correct his or her fault
and overcome the incompetency. If improvement satisfactory to the Board of Education has not
been made within 90 days of receipt of the notification, the Board of Education may terminate the
employment of the probationary teacher immediately. Termination on other grounds may progress
immediately.
Any motion to terminate the employment of a probationary teacher shall include only one person
and must be approved by a majority of the members of the Board of Education. A tie vote thereon
constitutes termination. A probationary teacher will receive due process as required by law prior
to termination. The district may utilize the process for dismissal of tenured teachers.
Certificated Administrative Staff Ineligible for Tenure
Certificated employees ineligible for tenure (other than the superintendent) in their present
positions, such as principals and assistant principals, may be terminated during the course of a
contract for any legal reason including, but not limited to, the reasons for terminating instructional
personnel. No improvement period is required prior to the notice of charges. If an administrator
other than the superintendent is also a tenured teacher, the district will provide the terminated
administrator a teaching position if a position is available in accordance with law, unless the
teaching contract has also been terminated. An administrator will receive due process prior to
termination as required by law. The district may utilize the process for dismissal of tenured
teachers.
Personnel whose services are terminated, either by the employee or employer, will lose all
accumulated benefits as of the date of termination.
Allegations of Sexual Misconduct with a Student
If a former district employee whose job involved contact with children was terminated, nonrenewed
or allowed to resign in lieu of termination as a result of an allegation of sexual misconduct with a
student, or as a result of such allegations being substantiated by the Children's Division (CD) of the
Department of Social Services' child abuse and neglect review board, the district is required by law
to release information regarding the sexual misconduct to a potential public school employer who
contacts the district regarding the former employee. In addition, if the CD substantiates a complaint
of sexual misconduct with a student against a former employee of the district, the law requires the
district to release the results of the CD investigation to any potential public school employer who
contacts the district.
When employment ends as a result of an allegation of sexual misconduct with a student, the district
will provide appropriate due process prior to the release of information regarding the sexual
misconduct to a potential public school employer, if feasible. The superintendent or designee is
authorized to consult with the district's attorney to determine the appropriate level of due process
to provide.
For the purposes of this policy, employees are considered "former employees" if they have resigned,
been terminated, had their contracts nonrenewed, or been notified that their contracts with the
district will not be renewed or that the district is pursuing termination, even if the process has not
been completed.
* * * * * * *
Note: The reader is encouraged to check the index located at the beginning of this section
for other pertinent policies and to review administrative procedures and/or forms for
related information.
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Adopted: 07/19/2005
Revised: 03/08/2011; 06/19/2012
Cross Refs: AC, Prohibition against Discrimination, Harassment and Retaliation
HPA, Employee Walkouts, Strikes and Other Disruptions
JFCF, Hazing and Bullying
JHG, Reporting and Investigating Child Abuse/Neglect
Legal Refs: §§ 162.068, 168.101, .114, .116, .118, .120, .126, RSMo.
U.S. Const. amend. XIV
North Kansas City School District, Kansas City, Missouri
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