A Guide To Teacher Nonrenewal

by Malina Piontek, Attorney

Unlike the administrator nonrenewal statute which allows school boards to enter into two-year contracts with principals, and even have extensions to those contracts, the teacher nonrenewal statute only allows schools boards to enter into one-year contracts with teachers. Therefore, by law, the renewal/refusal to renew teacher contracts is an annual undertaking for administrators.  Thus, it is vitally important for principals to have a solid understanding of the statutory teacher nonrenewal process.

In large part, principals are primarily responsible for gathering data to support recommendations for renewal or refusal to renew individual teacher contracts. They also frequently must act as “prosecutors” by presenting evidence to school boards to support recommendations to nonrenew individual teacher contracts. This article is designed to provide foundational information for principals as they make their way through the annual teacher nonrenewal process.

Teacher Contracts. Wisconsin law requires school boards to enter into individual written contracts with fulltime teachers. On the other hand, the law does notrequire that school boards enter into individual contracts with part time teachers. Teachers are required to file with their employing school district a statement showing the date of expiration and the grade and character of their license.

By law, a teacher’s contract becomes null and void if the person is not legally authorized to teach the named subject or at the named school, i.e., elementary, middle or high school. For this reason, it is important for principals to stay abreast of staff licensure changes. Keep in mind that  it is not necessary to use the statutory nonrenewal procedure to terminate the individual contract of a teacher who is not properly licensed for the position s/he holds. In fact, the Wisconsin Supreme Court has upheld this notion even when a school district hired and later reassigned a teacher knowing that she did not have proper licensure for the position to which she was assigned. The Supreme Court held that the teacher’s contract “was void because she contracted to teach subjects she was not legally authorized to teach.” 

Mandatory Process. Wisconsin Statute 118.22 sets forth the minimum and mandatory procedural requirements for nonrenewal of a fulltime teacher’s individual contract.  Moreover, the Wisconsin Supreme Court has held that these procedural requirements cannot be waived in an individual contract.  

The statute provides as follows:

On or before May 15 of the school year during which a teacher holds a contract, the board by which the teacher is employed or an employee at the direction of the board shall give the teacher written notice of renewal or refusal to renew the teacher's contract for the ensuing school year. If no such notice is given on or before May 15, the contract then in force shall continue for the ensuing school year. 

At least 15 days prior to giving written notice of refusal to renew a teacher's contract for the ensuing school year, the employing board shall inform the teacher by preliminary notice in writing that the board is considering nonrenewal of the teacher's contract and that, if the teacher files a request therefor with the board within 5 days after receiving the preliminary notice, the teacher has the right to a private conference with the board prior to being given written notice of refusal to renew the teacher's contract.

The statute requires that the preliminary notice inform the teacher that the board is considering nonrenewal of the teacher's contract and that, if the teacher files a request with the board within five days after receiving the preliminary notice, the teacher has the right to a private conference with the board prior to being given final written notice of nonrenewal.

May is also an important month in the nonrenewal process. A school board has until May 15 to give the teacher written notice of renewal or refusal to renew a teacher's contract for the ensuing school year. The written notice may be given by the board, or by an employee at the direction of the board, i.e., the superintendent or a principal.  Frequently this task falls upon the shoulders of the principal. Failure to provide written notice by May 15 is a fatal flaw in the process. In one case, the court of appeals overturned a teacher nonrenewal because the board failed to give the teacher written notice of nonrenewal by the statutory deadline, even though the teacher attended the private conference with the board, and heard the board decision to nonrenew her contract.

It is important to note that the law mandates that, “No teacher may be employed or dismissed except by a majority vote of the full membership of the board.” Thus, it is best practice to schedule the private conference on a date when a majority of the full board can meet and act on issuing a final notice of nonrenewal.

Similar to the administrator contract statute, if written notice of nonrenewal is not given on or before May 15, the teacher’s contract rolls over for another year by operation of the statute.  

Finally, a teacher who receives a notice of renewal of contract for the ensuing school year, or a teacher who does not receive a notice of renewal or refusal to renew the teacher's contract for the ensuing school year on or before May 15, must accept or reject the contract in writing not later than June 15. It is therefore advisable to remind teachers of their obligations to provide timely written acceptance or rejection of their contracts by June 15 so that arrangements can be made to staff for the upcoming school year as soon as possible.

Conclusion. Since procedural missteps may doom a nonrenewal, it is necessary to comply with the exact letter of the law. That means that the following steps must be taken prior to the April 30 deadline for issuing preliminary notice of nonrenewal:

1. Meet with the board to request that preliminary notice of nonrenewal be issued to a teacher.
2. Prepare the preliminary notice which advises the teacher that the board is considering nonrenewing his/her contract and informs the teacher of his/her right to request, within five days of receipt of the notice, a private conference with the board.
3. Issue written preliminary notice of nonrenewal to the teacher. 

Between April 30 and May 15, take the following steps: 

1. Give the teacher the required five days to request a private conference.
2. Schedule a date for the private conference which accounts for the availability of board members, administrators, witnesses, and district legal counsel if needed.  
3. Hold the private conference.
4. Issue final notice of renewal or refusal to renew the teacher’s individual contract. 

Keep in mind that nothing in the law prevents the modification or termination of a contract by mutual agreement of the teacher and the board, even if preliminary notice has already been issued. Therefore, it is also best practice to ensure there is time built into the schedule to provide the parties with the opportunity to explore options other than nonrenewal, such as resignation or retirement.

This article was prepared by Attorney Malina Piontek, AWSA’s new Level I Legal Services Provider. You may direct your Level I call-in questions to Malina at 608-497-3037. This article was designed to provide you with general authoritative information and with commentary as a service to AWSA members. It should not be relied upon as legal advice. 

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