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.

Nonrenewal Procedures

Step 1: Superintendent's Recommendation to Nonrenew

Each year, the superintendent or designee presents recommendations to the board as to those probationary contracts that should be renewed for the following year and those that should be nonrenewed. This recommendation is not binding; the board retains ultimate authority to make employment decisions.

To begin, the superintendent takes into consideration any information received from the building principal. The principal should make an accurate assessment of all facets of the teacher’s performance, considering both objective and subjective factors, including, among other things, the teacher’s effectiveness, potential, community relationships, personality, as well as the school’s current and future programming needs. Any supporting documentation should be as specific and factual as is practical. And despite any indication the teacher might be nonrenewed, the teacher’s statutorily required performance evaluation must be carried out in accordance with the district’s evaluation policy and procedures.

Step 2: Board Action

Before the board meeting begins: Because the board must take formal action (a vote during open session), the nonrenewal decision must occur during a public meeting. To prepare for that meeting, review CASB’s Nonrenewal Samples and Tools for resolution and motion language. Also, consider whether the board will hold an executive session and if so, consult the board’s attorney for appropriate wording of the motion to convene in executive session. Finally, include “Consideration of probationary teacher nonrenewals” on the agenda for the meeting’s public notice and post that notice according to the board’s policy and Colorado’s Open Meetings Law. 

During the board meeting: Preparing motions and resolutions in advance will help script the closing segments of the conversation to ensure the board’s ultimate vote has its intended effect, but the bigger challenge during a meeting is what, if anything, to say publicly about the reasons underlying the nonrenewal recommendation. The board and superintendent should speak with care, making sure not to inadvertently disclose confidential personnel information, violate executive session privilege, or disparage the teacher. Any improper disclosure may be regarded by the courts as “stigmatizing” the teacher in terms of their reputation in the community or future professional career.

Keep in mind that, generally, school boards do not hold hearings for nonrenewal decisions. The board is not hearing evidence or weighing arguments from opposing sides. Even if the superintendent makes the recommendation to the board in public, there are still no requirements in law obligating the board to permit the employee to debate those reasons or put forth additional evidence. Moreover, if the teacher or the teacher’s representative or supporters speak during public comment, the board should not debate with the speakers and should follow the board’s policy on public participation.

• Consideration during executive session: Unless the probationary teacher requests an open discussion of their nonrenewal, the board’s discussion may occur in executive session. Such discussions must be recorded (unless the legal advice exception applies), so the procedure and cautions still apply. The superintendent walks the board through the recommendation and supporting reasons step by step, answering any follow-up questions from board members as they arise. Once the board has had sufficient discussion, but without reaching a decision, the board must exit executive session to vote.

• Consideration during open session: If a teacher requests discussion in open session pursuant to the Colorado’s Open Meetings Law, the board may invite the teacher and the teacher's representative to join the board in executive session while the board discusses the individual teacher. If the teacher declines and insists on an open session, the board should be prepared to engage in an appropriate public discussion. Some boards may wish to work with the board’s attorney to develop a written waiver (or statement for the record of a presumed waiver) of the teacher’s right to sue over public statements that could be “stigmatizing” or in any way damaging to the teacher’s professional reputation and/or ability to secure future employment. 

• Voting: Once the board completes its discussion of the superintendent’s recommendation(s), the board must vote on the resolution or motion of nonrenewal during open session, adapting it as necessary to meet the board’s intent through the board’s normal voting procedures. As with any board vote, board members may disagree about whether to nonrenew a teacher; however, the board’s public debate on the question of whether or not to nonrenew a teacher must be approached with caution.

Step 3: Written Notice to Each Nonrenewed Teacher by June 1

Once the board makes its decision, the superintendent must deliver written notice of nonrenewal to the teacher by June 1. A failure to meet this requirement will mean the teacher is deemed reemployed for the succeeding school year and entitled to a position or, even if the teacher finds another job, to full pay and fringe benefits under the automatic contract for that school year. See Hanover School Dist. No. 28 v. Barbour, 171 P.3d 223 (Colo. 2007).

The district must personally deliver the notice or deliver it by certified mail. If personally delivered, the person making the delivery should make a written record showing the date, time, place, and circumstances of delivery, sign the record, and attach to it a copy of the notice. The district should maintain the delivery documentation in the appropriate file. If delivery is by mail, the district should mail it by certified mail, return receipt requested, to the last address provided by the teacher to the school district.