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Legal Questions and Answers

Non-Renewals, Terminations and Contracts

Q. After a teacher signs his/her first tenure contract, is it necessary to continue to sign yearly contracts?

A. No. The only contract that a tenured teacher has is that first tenure (indefinite) contract. After that first year, only modifications are made and it is not mandatory that these modifications be signed and returned. If the district asks that these modifications be returned, simply type your name on the form.

Q. How does a district know whether or not a tenured teacher is returning for the coming year?

A. If a tenured teacher does not resign or retire by June 1, the district knows that the teacher will return.

Q. Do Missouri Statutes provide any guarantee that probationary teachers be offered a contract for next year?

A. No. The law provides that on or before April 15, the Board of Education shall notify in writing a probationary teacher who is not being rehired for the coming year.

Q. Do probationary teachers have the right to assume that they are rehired if they do not receive termination notice by April 15?

A. Yes, the law states that any probationary teacher who is not notified of the termination of his employment by April 15 shall be deemed to have been rehired for the coming year.

Q. Does the district have to present the probationary teacher with a contract?

A. Yes, contracts must be offered to probationary teachers by May 15 and must be returned by the probationary teacher within 15 days.

Q. Do probationary teachers' contracts have to state on May 15 the exact amount of compensation for the coming year?

A. No. If salary negotiations have not been concluded, contracts may state the current year's salary and note that they will be modified at a later date by mutual agreement.

Q. How do probationary teachers resign after submitting a signed contract and how do tenured teachers resign after June 1?

A. Both must submit a request to the Board of Education who must either approve or reject the request.

Q. Are "letters of intent" legal and binding on both parties?

A. No. Letters of intent show intent and are NOT legal and binding. If the district does not notify the probationary teacher of non-renewal by April 15, the district is legally bound to hire the probationary teacher for the coming year.