168.101. Employment of certificated teachers ineligible for permanent status under the teacher tenure act (all districts except metropolitan).
Employment of certificated teachers ineligible for permanentstatus under the teacher tenure act (all districts exceptmetropolitan).
168.101. 1. In addition to the employment of teachers asprovided in section 168.104, the school board or board ofdirectors of a school district, except a metropolitan schooldistrict, may, at any regular or special meeting, contract andemploy legally certificated teachers not employed assuperintendent of the district and not eligible under section168.104 to gain permanent status or tenure in the position heldwithin the school system. The contract shall be made by theorder of the board, shall specify the number of months theemployee is to work and the wages per month to be paid, shall besigned by the employee and the president of the board, or afacsimile signature of the president may be affixed at hisdirection, and the contract shall be attested by the secretary ofthe board by signature or facsimile.
2. After the original employment of a certificated employeenot employed as superintendent of the district under thissection, his employment shall continue in the same staff positionfrom year to year subject to the regulations hereinafter setforth.
3. Each school board having one or more certificatedemployees as described in subsection 1 of this section undercontract shall notify each such certificated employee in writingconcerning his reemployment in his present staff position or lackthereof on or before the fifteenth day of April of the year inwhich the contract then in force expires. Failure on the part ofa board to give the notice constitutes reemployment on the sameterms and in the same staff position as those provided in thecontract of the current fiscal year; and not later than thefifteenth day of May of the same year the board shall present acontract to each such certificated employee notified ofreemployment by the district.
4. Any motion regarding reemployment of such certificatedemployee shall include only one person and a motion to reemployshall be made in the positive sense and a majority of the electedmembers voting in the affirmative shall constitute reemployment.
5. Any such certificated employee not employed assuperintendent of the district who receives a contract shallwithin fifteen days thereafter present to the employing board awritten acceptance or rejection of the employment tendered andhis failure to present the acceptance within such timeconstitutes a rejection of the board's offer.
6. If such certificated employee has been reemployed fivetimes within the district, the school board, if requested inwriting by such certificated employee within ten days afterreceipt of notice of demotion or lack of reemployment on the sameterms and in the same staff position, shall make available inwriting a statement of reasons for demotion or lack ofreemployment within ten days after receipt of the request. Theboard shall grant such certificated employee a hearing ifrequested in writing by him within ten days after the receipt ofstatement of reasons, the hearing to be held within ten daysafter the request therefor, and to be open at the request of thecertificated employee. The certificated employee may havecounsel at the hearing, may testify and offer testimony ofwitnesses as well as other evidence sustaining his defense andmay cross-examine adverse witnesses.
7. A contract between the board of education and suchcertificated employee may be terminated at any time by mutualconsent of the certificated employee and the board.
8. This section shall not affect the employment orreemployment of the superintendent of schools by a board ofeducation.
(L. 1973 H.B. 151 § 1, A.L. 1990 S.B. 740, A.L. 1992 S.B. 470 & 497)