2024 Nonrenewal Resources
Nonrenewal 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 which are in effect for the 2023-24 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 and/or 2024 legislative sessions and will be updated as needed to reflect any changes.
Legal Foundations
Under their employment authority, local school boards are legally obligated to enter into employment contracts with teachers. For probationary teachers, these contracts are one-year agreements that automatically renew unless the board takes action. Nonrenewal is the process by which a board of education implements its decision not to re-employ a probationary teacher.
A teacher obtains non-probationary status after three consecutive years of demonstrated effectiveness. This change in the law took effect in 2013-14. Previously, a teacher who worked for three consecutive years in the same district obtained non-probationary status. A non-probationary teacher who receives an ineffective or partially effective rating for two consecutive years loses non-probationary status. The 2014-15 school year was the first year that a rating of ineffective or partially effective began to count toward the possible loss of a teacher’s non-probationary status.
Remember: June 1 Deadline The district must provide written notice of the board’s action to nonrenew the teacher on or before June 1 for the nonrenewal to be effective. |
Points to Remember
1. Nonrenewal halts the issuance of a new contract; it does not affect an existing one.
2. Nonrenewal is a distinct employment practice not to be confused with teacher dismissals or reductions in force (often called “RIFs”). Although the end result appears the same (i.e., the teacher is no longer employed by the district), the procedural requirements are much different.
3. A probationary teacher who does not receive written notice of the board’s nonrenewal action by June 1 is automatically re-employed. The board must take formal action if it wants to prevent the automatic renewal of a probationary teacher’s contract.
Key Terms
| Nonrenewal | The termination of employment of a probationary teacher by the board at the expiration of a specific contractual period. C.R.S. 22-63-103(5). |
| Probationary Teacher | A teacher who has not completed three consecutive years of demonstrated effectiveness or a nonprobationary teacher who has had two consecutive years of demonstrated ineffectiveness, as defined by applicable rules of the State Board of Education. See C.R.S. 22-63-103(7); 1 CCR 301-87 Rule 3.03(A)-(D). |
| Teacher | Any person who holds a Colorado teacher’s initial or professional license and is employed to instruct, direct, or supervise the instructional program, excluding the chief administrative officer of any school district and persons holding authorizations (a letter from the Colorado Department of Education that authorizes them to teach temporarily despite their lack of a Colorado teacher’s initial or professional license). C.R.S. 22-63-103(11). |
| Substitute Teachers | Substitute teachers are not subject to nonrenewal unless the substitute is a probationary teacher who is assigned as a permanent substitute teacher within a school district. Substitute teachers are teachers who perform services for a district for four hours or more during each regular school day but work on one continuous assignment for a total of less than 90 regular school days or for less than one semester (or equivalent time as determined by the district’s annual school year calendar), as well as itinerant teachers who are employed on a day-to-day or similar short-term basis as a replacement for a non-probationary teacher, a probationary teacher, or a part-time teacher who is absent or otherwise unavailable (with no limit on the number of days worked). C.R.S. 22-63-103(10). |
| Interim Authorizations | For employees holding out-of-state teaching licenses, CDE makes available “interim authorizations” permitting them to teach in Colorado school districts while working to meet Colorado teacher licensure requirements. The law gives school districts discretion about whether to grant probationary status to employees serving under an interim authorization, but this statutory language references the old time-only definition of probationary status. School boards addressing employees with interim authorizations should confer with the board’s attorney regarding the appropriate approach. C.R.S. § 22-60.5-111(7) |
| Alternative Teachers | Employees who hold an alternative teacher license may teach in a Colorado school district while participating in a one-year or two-year alternative teacher preparation program. Alternative teacher contracts may differ from the terms and conditions of contracts for first-year employees who are licensed other than as alternative teachers. C.R.S. 22-60.5-207(1)(a). Employing school districts may terminate alternative teacher contracts at any time during the first three months of employment (after considering the recommendation of the alternative teacher support team for such teachers). Such termination is not subject to appeal by the alternative teacher. C.R.S. 22-60.5-207(1)(c). School boards employing alternative teachers should confer with the board’s attorney to determine the applicability of the district’s nonrenewal process to alternative teachers. |
