No valid contract existed between a teacher and a board of education when the teacher failed to secure before the beginning of school the specific certificate that was an express condition of the contract. Since there was no valid contract between the teacher and the school board, the teacher's certificate of license to teach cannot be revoked because no valid contract was annulled when the teacher failed and refused to teach in a position for which he did not have a valid certificate of license.

SCHOOLS: TEACHERS: No valid contract exi sted between a teacher and a board of education when the teacher failed to secure before the beginning of school the specific certificate that was an express condition of the contract. Since there was no valid contract between the teacher and the school board, the teacher's certificate of license to teach can- not be revoked because no valid contract was annulled when the teach- er failed and refused to teach in a position for which he did not have a valid certificate of license. OPINION .NO. 24 May 12, 1975 Charles J. McClain, President Northeast Missouri State University 104 Baldwin Hall Kirksville, Missouri 63501 Dear Mr. McClain: F l LED c5?i- This official opinion is issued in response to your request for a ruling on the validity of a written contract entered into with a teacher holding only a certificate to teach physical education who agre~d to teach social studies in a Missouri public school on the express condition that he "must have a clear certificate in social studies by the time school begins," if the teacher fails to secure the certificate authorizing him to teach social studies. We assume, for purposes of this opinion, that no provisional or permanent certificate had been issued to the teacher. At the start of the school year, he began teaching social studies with- out securing a certificate to teach social studies, although the board did not formally waive its condition of employment. After approximately three weeks of teaching he resigned. The board re- fused to accept his resignation. The board has requested that Northeast Missouri State University, as the issuing institution, revoke the teacher ' s license for breach of contract. The foregoing facts will be used as the basis for this opinion. The following statutes are relevant to a determination of whether or not the teacher's license should be revoked. A license to teach is required: ''No person shall be employed to teach in any position in a public school until he has received a valid certificate of license Charles J. McClain, President entitling him to teach in that position." (Section 168 . 011, RSMo 1969) Several grounds exist for the revocation of a license to teach : "A certificate of license to teach may be revoked by the authority which issued the certificate upon satisfactory proof of in- competency , cruelty, immorality, drunken- ness, neglect of duty, or the annulling of a written contract with the local board of educat~on without the consent of the maJor- it of the members of the board which is a party to the contract. . Emphasis added) (Section 168.071, RSMo Supp. 1973) A teacher without a license is subject to certain penalties: "Any teacher who enters a public school in this state to teach, govern and discipline the school who does not have a valid certifi- cate of license entitling him to teach there- in or who has not been legally employed by the school board of the district to teach therein, forfeits all right, title and claim to any com- pensation therefor, and is guilty of a misde- meanor and punishable by a fine not to exceed one hundred dollars. Any director who endorses or encourages the teacher in such unlawful con- duct is guilty of a misdemeanor and punishable by a like fine. " (Section 168.081, RSMo 1969) See also The School Administrators Handbook, Missouri State Board of Education Publication No. 20-H (1969): "A teacher ' s certificate is a license required by law to teach, govern and disci- pline students in the public schools of Mis- souri. A teacher ' s certificate indicates that one is trained as a teacher and is qual- ified for a definite teaching and/or school administrator's position." Id. at 79. "A person without a teaching certifi- cate may be employed, provided he becomes legally certificated prior to the date he starts to teach." Id. at 81. -2- Charles J. McClain, President A teacher ' s contract is similar to other contracts: "The general law of contracts applies in the construction of teachers' contracts . . . . . " Adamick v. Ferguson-Florissant School District, 483 S.W.2d 629, 631 {Mo. Ct. App. at St.L. 1972) " •.. There is no question but that in Missouri a teacher ' s contract must be in writing and authorized by the board. Sec- tions 432 . 070 and 163 . 080 [now§ 168 . 101]; ••. " Lynch v. Webb City School District No. 92, 418 S. W.2d 608 , 613 {Spr . Ct.App. 1967) An appellate court has interpreted an earlier version of Sec- tions 168 . 011 and 168.081, RSMo 1969: "We do not think, taking sections 8021 and 8022 [now Sections 168 . 011 and 168.081], to be read together, they mean that the teach- er must have a certificate of qualification at the time of making a contract to teach school in the future. The object of the statute is that the qualification may exist during the term of the employment. The language of the statute is that, ' no teacher shall be employed,' and has reference to the employment and not to the contract for employment. It means that he shall not be engaged in teach ~ng w~thout the required cert ificate , a nd the following sect ion imposes a forfeiture and punishment if he does so." {Emphasis added) Crabb v. School District No. 1 , 93 Mo.App. 254, 260 (K.C.Mo.App. l902) See also Opinion No. 57, Marr , May 11, 1938, in which we held that: "A teacher may be employed who before teach- ing school under her contract will become le- gally qualified by the proper certificate al- though at time of employment was not legally qualified. " Based on the foregoing authorities , we conclude that a con- tract to teach is subject to the conditi on imposed by law that the teacher must have a valid certificate. As previously noted , the -3- Charles J. McClain , President teacher in question prior to the beginning of school obtained ne i- ther a valid temporary nor a permanent certificate. The condition to employment having faile~ there was no agreement which could be breached. Therefore, Section 168.071, RSMo Supp. 1973, does not provide a means for revoking this teacher's license because no writ- ten contract was annulled. CONCLUSION It is the opinion of this office that no valid contract existed between a teacher and a board of educati on when the teacher failed to secure before the beginning of school the specific certificate that was an express condition of the contract. Since there was no valid contract between the teacher and the school board, the teach- er's certificate of license to teach cannot be revoked because no valid contract was annulled when the teacher failed and refused to teach in a position for which he did not have a valid certificate of license. The foregoing op1n1on , whi ch I hereby approve , was prepared by my assistant, Hortense K. Snower. Enclosur e: Op. No . . 57 Mar r, 5- 11-38 Yours very truly, ~ <- Je---(_.:ze JOHN C. DANFORTH Attorney General - 4-