What limitations are there on a school district’s ability to discontinue programs or reduce staff for economic reasons?
Missouri law permits a school district to place teachers on unrequested, unpaid leave of absence because of decreased pupil enrollment, district reorganization or the district’s financial condition. Budget cuts and payment withholdings from the state have triggered wide usage of this authority by Missouri school districts in the past two years. There are few guidelines in the law governing these decisions. Both probationary and tenured teachers may be placed on leave, subject to certain limitations: • A tenured teacher may not be placed on leave if there is a probationary teacher in a position for which the tenured teacher is qualified. • In determining which tenured teachers to retain, performance-based evaluations and seniority must be considered, but seniority cannot be controlling. • Tenured teachers must be reinstated to positions for which they are qualified as positions become available. • No new teachers may be hired to fill existing vacancies while qualified teachers remain av
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