2024 Nonrenewal Resources - Samples and Tools

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.

CASB samples provide a starting point for generating the paperwork involved in the nonrenewal process. Local school boards must consider their own local policies, contracts, and other unique circumstances to develop appropriate language. If the probationary teacher challenges the nonrenewal decision, then the board’s documentation will be critical to defending its decision. It is often better to keep formal statements to a minimum, and any discussion focused on the hard and fast reasons for nonrenewal. Doing otherwise can cause confusion, providing fuel for future litigation. CASB’s samples and tools are resources and for informational purposes only; they do 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.

Board Action

If the board has reviewed the superintendent’s recommendation and the reasons supporting it during executive session, the board president may wish to say, “Without divulging confidential personnel information, I would like to thank the superintendent for apprising the board of the reasons supporting the nonrenewal recommendation. Having discussed the reasons during executive session, I believe the board has the information it needs to move forward, and I will entertain a motion at this time.”

Making such a statement is not required by law, but doing so could help diffuse the public’s concern for the board’s seemingly abrupt employment decision with little or no public discussion. Most boards prefer to adopt a resolution or approve nonrenewals as part of the consent agenda item related to the superintendent’s staffing recommendations.

If the motion fails, the teacher’s contract automatically renews, which means the teacher remains an employee of the district and/or will be entitled to full pay and benefits under the contract.

When the reason for the nonrenewal is simple, such as a program change or budget cut, the school board's attorney may suggest those reasons be outlined in the initial notice.

This will be an essential document, so the board and superintendent should discuss the statement and seek legal advice as appropriate. It is imperative that the reasons for nonrenewal are consistent with the board's discussion and reasons provided to the employee prior to the official request.