Question

Carla Jacobs is a science teacher at Jefferson Middle School. The Middle School Principal has come to you recommending a non-renewal of Ms. Jacob’s contract. Ms. Jacobs is not on a probationary contract, so you know that the hearing officer will have to make their decision on supporting the district, if the decision is appealed, on the preponderance of evidence. You ask the principal for the evidence that would support the decision. The principal shows you an evaluation that indicates that Ms. Jacobs has had a difficult time with classroom management, taught students that scored poorly on the state science exam, and did not attend two mandatory professional development sessions. In addition, there were 14 documents from walk-throughs that supported the formal evaluation. As the superintendent, you accept the recommendation from your middle school principal and plan for the board meeting. The school board reviews the evaluation per policy, and they unanimously pass a motion to propose nonrenewal.

What does the policy require in regard to providing the employee documentation regarding a proposed nonrenewal? Document the decision for Carla Jacobs.

Why does the school board need to "propose" nonrenewal instead of simply terminating the contract?

Many superintendents require the documentation to be given by the principal, but you have a practice of providing it. After all, the superintendent makes the recommendation, even if it is done according to the recommendation of the principal. You invite Carla to your office in order to provide her the document, having her sign an acknowledgment of receipt. She refuses to sign. How do you handle the situation where Carla will not sign the document?

How long does Carla Jacobs have to request a hearing for an appeal after proposed non-renewal hearing?

Answer 1

The non-renewal is a decision not to rehire an employee at the end of his or her current contract. Nonrenewal of a term contract requires two separate board actions: (1) proposed nonrenewal and (2) after completion of the nonrenewal hearing process, the board’s decision as to non-renewal.

The board must give notice of proposed nonrenewal not later than the 10th day before the last day of instruction in a school year

There is difference in terminating the contract and not renewing the contract. Non renewal happens after the contract and termination happens during the contract. A term contract automatically renews at the end of the contract term unless the district takes affirmative steps to prevent renewal. Therefore, nonrenewal is a decision not to rehire an employee at the end of his or her current contract. An employee may be non-renewed only for reasons set forth in local policy. By contrast, termination occurs during the contract term and is essentially the same as discharge (i.e., being fired). A mid-contract termination of a term contract requires a showing of good cause based upon egregious misconduct, very poor performance, or other unusual circumstances.

If Carla refuses to sign the documents, than the first step I will take is to ask the reason of not doing so and will try to resolve her doubt. However in case she still not agree to sign the document than I will guide her to request a hearing of notice.

Carla has up to 15 days after receiving notice of the proposed termination to file a written request with the commissioner for appointment of a hearing examiner.