168.120. Appeal by teacher, procedure.
Appeal by teacher, procedure.
168.120. 1. The teacher shall have the right to appeal fromthe decision of the board of education to the circuit court ofthe county where the employing school district is located. Theappeal shall be taken within fifteen days after service of a copyof the decision of the board of education upon the teacher, andif an appeal is not taken within the time, then the decision ofthe board of education shall become final.
2. The appeal may be taken by filing notice of appeal withthe board of education, whereupon the board of education, underits certificate, shall forward to the court all documents andpapers on file in the matter, together with a transcript of theevidence, the findings and the decision of the board ofeducation, which shall thereupon become the record of the cause.Such appeal shall be heard as provided in chapter 536, RSMo.
3. Appeals from the circuit court shall be allowed in thesame manner as in civil actions, except that the originaltranscript prepared and filed in the circuit court by the boardof education, together with a transcript of the proceedings hadin the circuit court, shall constitute the transcript on appealin the appellate court. The board of education shall makeavailable, to the parties, copies of any transcript prepared andfiled by it in the circuit court and upon final determination ofthe cause in the appellate court the original record of the boardof education filed as a part of the transcript on appeal shall becertified back to the board of education by the appellate court.In all appeals from the board of education or circuit court thecosts thereof shall be assessed against the losing party asprovided by law in civil cases. All appeals to the circuit courtand appellate courts shall have precedence over all cases exceptelection contests.
4. If the circuit court finds for the teacher, he shall berestored to permanent teacher status and shall receivecompensation for the period during which he may have beensuspended from work, and such other relief as may be granted bythe court.
(L. 1969 p. 275 § 168.110)