By this time of year, districts have likely identified those employees with performance problems and have addressed and documented those concerns with the individual employees.  It is now time to begin collecting information from principals regarding those individuals that may be recommended for nonrenewal or termination at the end of the 2016-2017 school year.  In March – April, recommendations for nonrenewal / termination should be submitted to the superintendent.  In April – May, nonrenewal or termination notices should be hand-distributed to employees (10 days prior to the last day of instruction).  In the June – July timeframe, nonrenewal hearings, if any, will be held.

If your district has adopted T-TESS, please remember that it is a growth model that requires a different level of remediation. Accordingly, in determining what action the district will take with respect to an individual educator, the district should consider the following:

  • Has the employee shown evidence of goal attainment?
  • If not, has the district revised or added goals? Increased walkthroughs? Issued memoranda?
  • If the individual shows repeated lack of evidence of growth after the district has taken these measures, nonrenewal or termination may be appropriate.

The evidence necessary to terminate or nonrenew an employee will depend on his or her contract classification.

  • Probationary contract employees:
    • A probationary contract may be terminated at the end of its term without good cause, without a due process hearing, and without the opportunity for appeal if the board determines termination “is in the best interest of the district.”  Documentation should be collected and maintained to refute claims of discrimination.
  • Term contract employees:
    • A board may decline to renew a term contract for the reasons set forth in board policy DFBB (LOCAL). In sum, these provisions constitute good cause for nonrenewal.
    • Term contract employees have the right to a hearing before the board and may appeal to the commissioner, who may only reject the board’s decision if it was arbitrary, capricious, unlawful, or not supported by substantial evidence.
  • At-will employees without a contract:
    • At-will employees may be terminated for any or no reason, but documentation should be collected and maintained to refute claims of discrimination.

If you have need assistance determining the appropriate action to take for employees with performance concerns, please do not hesitate to contact us. Additionally, it is time for your district to review the contracts used for the 2017-2018 school year. Please let us know if you have any questions regarding the new model contracts distributed last month.