2023 Nonrenewal ResourcesNonrenewal is the process by which a school board acts to interrupt the automatic renewal of a probationary teacher’s contract. Requirements for the process are outlined in state law. As a benefit of CASB membership, CASB annually provides nonrenewal resources, which include an overview of the nonrenewal process and samples and tools to assist local school boards with these important employment decisions. This overview provides legal information on the nonrenewal process, with special attention to the school board’s role. These issues are complex, especially due to the Educator Effectiveness Act (Senate Bill 10-191), which amended the Licensed Personnel Performance Education Act, and subsequent court decisions, which have resulted in significant changes to state law. Additionally, Senate Bill 22-069 and Senate Bill 22-070 both made changes to the Licensed Personnel Performance Education Act, some of which are effective for the 2022-2023 year and some of which are not effective until the 2023-2024 school year. Employment and evaluation issues also are impacted by each local board’s policies, contracts, and practices. This overview is for informational purposes only and does not constitute legal advice. Specific questions should be referred to the school district’s legal counsel. This information is subject to change during the 2023 legislative session and will be updated as needed to reflect any changes. ChallengesTeachers may choose to challenge a nonrenewal decision in court. In a court case, it would be essential for the school board to show that the board followed the appropriate procedures. In Hanover School Dist. No. 28 v. Barbour, 171 P.3d 223 (Colo. 2007), the Colorado Supreme Court held that because a school board decided not to renew the teacher’s contract during an executive session, the board’s decision had no binding effect. Since the June 1 deadline had passed, the board was obligated to pay the teacher for the full contract year even though the teacher found a job in another district. In a court challenge, it also will be essential for the board to show that the nonrenewal decision was based on permissible reasons. To show this, the superintendent and each board member should be prepared to offer testimony on the legitimate basis for the nonrenewal recommendation or vote. Consistency between the witness testimony and any written reasons given to the teacher is critical to rebut the teacher’s claim that the real reason for the board’s action was impermissible.
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