The Honorable Steve Ehlmann State Senator, District 23 State Capitol Building Jefferson City, Missouri 65101
The Honorable Harriet Tatum Brown State Representative, District 13 State Capitol Building Jefferson City, Missouri 65101
Dear Senator Ehlmann and Representative Brown:
This opinion is in response to your question concerning whether parent educators are subject to the minimum teacher's salary requirement of Section
Under Missouri law, must a public school district that employs parent educators who hold valid teaching certificates, but whose sole function is to provide assistance to parents of students regarding parenting techniques and child development, pay such employees the minimum teacher salary [even though such employees do not fall within the statutory definition of "teacher" found in Section
163.011 (11) Mo. Rev. Stat. (1994)]?
That part of your question which we have enclosed in brackets assumes that a parent educator is not a "teacher" as defined in Section
Sections
178.691 . Definitions. — As used in sections178.691 to178.699 , unless the context requires otherwise:
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(4) "Parent education" includes the provision of resource materials on home learning activities, private and group educational guidance, individual and group learning experiences for the parent and child, and other activities that enable the parent to improve learning in the home.
178.693 . Educational and screening programs — reimbursement by state. — 1. School districts that offer an approved program of parent education shall be eligible for state reimbursement, pursuant to section163.031 , RSMo, subject to appropriations therefor for each participating family. If a school district fails or is unable to offer an approved program of parent education, the district shall enter into a contract which meets the requirements under section178.697 , with another district, public agency or state approved not for profit agency offering an approved program for such services. If the district finds that no approved program is available in another district, public agency, or through a state approved not for profit agency, it shall request the state department of elementary and secondary education to assist it in obtaining from an approved program, services at the reimbursable rate.
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178.695 . Program review. — 1. Programs shall be subject to review and approval under standards developed by the department of elementary and secondary education consisting of early childhood education and parents as teachers programs and published as an administrative rule under the provisions of chapter 536, RSMo.
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178.697 . Costs not to exceed appropriations. — 1. Funding for sections178.691 to178.699 shall be made available pursuant to section163.031 , RSMo, and shall be subject to appropriations made for this purpose.2. Costs of contractual arrangements shall be the obligation of the school district of residence of each preschool child. Costs of contractual arrangements shall not exceed an amount equal to an amount reimbursable to the school districts under the provisions of sections
178.691 to178.699 . No program shall be approved or contract entered into which requires any additional payment by participants or their parents or guardians.3. Payments for participants for programs outlined in section
178.693 shall be uniform for all districts or public agencies.
The statute providing a teacher's minimum salary, Section
163.172 . Minimum teacher's salary — information to be provided to general assembly — salary defined. — 1. In school year 1994-95 and thereafter, the minimum teacher's salary shall be eighteen thousand dollars. Beginning in the school year 1996-97, for any full-time teacher with a master's degree and at least ten years teaching experience in a public school or combination of public schools, the minimum salary shall be twenty-four thousand dollars.
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4. As used in this section, the term "salary" shall be defined as the salary figure which appears on the teacher's contract and as determined by the local school district's basic salary schedule and does not include supplements for extra duties.
5. The minimum salary for any fully certificated teacher employed on a less than full-time basis by a school district, state school for the severely handicapped, the Missouri School for the Deaf, or the Missouri School for the Blind shall be prorated to reflect the amounts provided in subsections 1 and 2 of this section.
Section
163.011 . Definitions. — As used in this chapter unless the context requires otherwise:
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(11) "Teacher" means any teacher, teacher-secretary, substitute teacher, supervisor, principal, supervising principal, superintendent or assistant superintendent, school nurse, social worker, counselor or librarian who shall, regularly, teach or be employed for no higher than grade twelve more than one-half time in the public schools and who is certified under the laws governing the certification of teachers in Missouri;
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Section
The next issue for consideration is whether a parent educator is within the definition of "teacher" found in Section
Because a parent educator is not a "teacher" as defined in Section
CONCLUSION
It is the opinion of this office that a parent educator employed in the parent education program authorized under Sections
Very truly yours,
JEREMIAH W. (JAY) NIXON Attorney General