2024 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 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. Reasons for NonrenewalDelivering reasons upon teacher’s request: After the district delivers the written notice of nonrenewal, the teacher has a legal right to ask for a “statement of reasons for nonrenewal.” Once the teacher makes that request, the district has two weeks to deliver the statement of reasons to the teacher. To prepare the statement, the superintendent should consult with the board to learn what reasons, if any, the board had in addition to or different from those stated in the superintendent’s recommendation. Deliver the statement with minimal additional discussion, and do not continue discussion or consideration of the nonrenewal. Permissible reasons: It is entirely permissible to nonrenew a probationary teacher who is rated as effective. Permissible reasons include, for example, staffing needs, enrollment changes, fiscal concerns, and program changes. It also is permissible to nonrenew the contract of an effective probationary teacher when the administration and board believe they can hire someone who can perform the job better.
A probationary teacher’s contract must not be nonrenewed for any reason that: 1. Is based on the teacher’s exercise of a constitutional right, such as the teacher’s exercise of free speech, union activities or membership, or political associations.
2. Violates the teacher’s civil rights, such as decisions made on the basis of sex, sexual orientation, race, religion, or other protected status.
3. Is related to the teacher’s “good faith compliance” with the district’s student conduct and discipline code. Colorado law shields employees who act in good faith and in compliance with the district’s conduct and discipline code from having their contract nonrenewed or being subject to any disciplinary proceedings. C.R.S. § 22-32-109.1(9)(e); Widder v. Durango Sch. Dist., 85 P.3d 518 (Colo. 2004).
Performance-based reasons: All performance evaluations must be carried out strictly in accordance with the district’s evaluation policy and procedures and state law. Each academic year, a probationary teacher must receive at least two documented observations and one evaluation resulting in a written evaluation report containing an improvement plan, specific information about the strengths and weaknesses in the licensed staff member’s performance, documentation identifying when a direct observation was made, and identification of data sources. A probationary teacher whose performance is deemed to be ineffective must receive written notice that his or her performance evaluation shows a rating of ineffective, a copy of the documentation relied upon in measuring the staff member’s performance, and identification of deficiencies.
Board member concerns: Any board member who has concerns about the continued employment of a probationary teacher should make those concerns known to the superintendent well in advance of the board meeting at which the superintendent makes the recommendation. This allows the superintendent to consider those concerns when formulating the recommendation and will avoid unnecessary surprises during the public meeting when the board considers the nonrenewal of its probationary teachers.
|