Teacher Contract Renewal and NonrenewalBy: Malina Piontek, Attorney Across the state, month to month and sometimes even day to day, models of instruction varied during 2020 and into2021. Many of you probably did not have the same opportunity to observe and evaluate instructional staff as you have in the past. Nonetheless, teacher evaluation is an important part of your job as a principal. Hopefully you are prepared to make informed recommendations about staff contract renewal, as shortly we will be in the statutory timeframe when school boards must make those decisions. The pandemic has not stopped that process. 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 contract 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. When a decision is made to pursue nonrenewal of a contract due to performance concerns, evidence should have been gathered throughout the year to present to the school board to support the request for nonrenewal. Principals should continue their tasks related to teacher contract renewal and nonrenewal so that important statutory deadlines are not missed. Teacher Contracts. Wisconsin law requires school boards to enter into individual written contracts with teachers. In accordance with Wisconsin statute §118.21, no teacher may be employed or dismissed except by a majority vote of the full membership of the school board. Once a teacher accepts a contract, within 10 days after entering into such contract, s/he is required to file with their employing school district a statement showing the date of expiration and the grade and character of her/his 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 academic level, 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. The teacher contract renewal/nonrenewal statute, Wis. Stat. § 118.22, applies to any teacher who 1) holds a teacher's certificate or license issued by the state superintendent or a classification status under the technical college system board and 2) whose legal employment requires such a certificate, license, or classification status, but does not include part-time teachers or teachers employed by any board of school directors in a city of the 1st class. 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. Preliminary Notice of Nonrenewal. April is an important month because the statutory nonrenewal timelines, at the latest, start in April with the preliminary notice of nonrenewal which must be given at least 15 days prior to May 15, or April 30. This means that the nonrenewal process may begin sooner, but, if a school board does not issue written preliminary notice of nonrenewal to a teacher by April 30, it may not nonrenew 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. Private Conference. A teacher whose contract is being considered for nonrenewal is entitled to request a private conference with the board. Typically administrators present the case for nonrenewal to the board at the private conference. In addition to the full board and the teacher being considered for nonrenewal, the teacher representative (if desired), and the district administrator(s) who will present the reasons for the nonrenewal should attend the private conference. Both the teacher and the administrator(s) should be given an opportunity to present information to the board regarding the recommendation for nonrenewal. While the teacher can request that the private conference be held in open session, the board is only required to grant this request if the private conference would be considered an evidentiary hearing under the Open Meetings law (Wis. Stat. § 19.85(1)(b)). An evidentiary hearing is where there are formal charges against the teacher and an examination of those charges through witness testimony, and other evidence in support of or against the charges. According to an Attorney General Opinion, formal charges are those that may damage the good name, reputation, honor, or integrity of the teacher, or where the nonrenewal might impose substantial stigma or other disability. Final Notice of Nonrenewal. If a teacher fails to file a request for a private conference before the board, the teacher is not entitled to a private conference prior to receiving formal notice of nonrenewal. However, even if a private conference is not requested, the majority of the full board must vote in favor of nonrenewal in order for the board to proceed with giving the teacher formal written notice of nonrenewal. 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. Lack of Notice and Acceptance of Contract. Similar to the administrator contract statute, if written notice of renewal or refusal to renew is not given on or before May 15, the teacher’s contract rolls over for another year by operation of law. 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. Therefore, principals should 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 teacher 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:
Between April 30 and May 15, take the following steps:
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 Level I Legal Services Provider. You may direct your Level I call-in questions to Malina at 608-497-3037 or email her at [email protected]. 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.
Read more at: Elementary Edition - Secondary Edition - District Level Edition |