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Are probationary teachers entitled to due process before their contracts can be terminated?

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Are probationary teachers entitled to due process before their contracts can be terminated?

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Yes. Missouri law requires procedural due process before a probationary teacher’s contract can be terminated involuntarily during the term of the contract. A probationary teacher in the midst of a contract term has a property interest in completing the contract term. It is that interest that entitles the teacher to due process before he or she can be terminated, but the Teacher Tenure Act does not clearly articulate what level of procedural protections are required. A teacher who is deemed to be doing “unsatisfactory work,” must receive a written statement describing the problem(s) in order to give him a chance to “correct his fault and overcome his incompetency.” After 90 days, if the teacher does not make satisfactory improvement, the board can vote to terminate the contract immediately or at the end of the school year.

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Yes. Missouri law requires procedural due process before a probationary teacher’s contract can be terminated involuntarily during the term of the contract. A probationary teacher in the midst of a contract term has a property interest in completing the contract term. It is that interest that entitles the teacher to due process before he or she can be terminated, but the Teacher Tenure Act does not clearly articulate what level of procedural protections are required. A teacher who is deemed to be doing “unsatisfactory work,” must receive a written statement describing the problem(s) in order to give him a chance to “correct his fault and overcome his incompetency.” After 90 days, if the teacher does not make satisfactory improvement, the board can vote to terminate the contract immediately or at the end of the school year. The statute does not specify exact notice and hearing requirements to be followed to terminate a probationary teacher’s employment during the term of the contract, bu

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