Revised School Code Section 1229 establishes deadlines, timelines, and procedural requirements to nonrenew an administrator’s employment contract. To comply with the statute, the nonrenewal process must begin at least 90 days before the employment contract terminates (e.g., April 1 for a contract that ends June 30). The sample timeline below is based on the minimum number of days that a board needs to proceed with nonrenewal of a contract that terminates on June 30:
- April 1: Notify the administrator that a recommendation will be made to the board to consider nonrenewal of the administrator’s contract.
- April 1 – May 1 –The administrator must have a 30-day period within which to request a meeting with the Board to discuss the recommendation.
- May 1: The Board must notify the administrator of its final determination.
We recommend starting the nonrenewal process no later than March 15 for a contract that expires on June 30. An early start is important because an error in the statutory nonrenewal process results in the administrator’s contract automatically renewing for an additional year.
Administrator Contracts
The nonrenewal process for administrators other than superintendents begins when the board sends written notification to the administrator, at least 90 days before the employment contract terminates, that it may consider nonrenewal for specific, non-arbitrary or non-capricious reasons. The superintendent typically provides those reasons to the board for consideration. The superintendent must understand the standard and draft a legally compliant request to consider nonrenewal.
While all board decisions must be made in open session, the board may review the matter in closed session at the administrator’s request. If the board decides to consider the administrator’s nonrenewal, it must approve a resolution in open session that identifies the specific reasons the board is considering nonrenewal.
The board then must provide written notice to the administrator that it will consider nonrenewal. This requirement can be met by giving the administrator a copy of the resolution and a written statement of the underlying reason(s) for nonrenewal. The administrator is entitled to these documents at least 30 days before the meeting at which the board will determine whether to nonrenew.
Before the nonrenewal determination is made by the board, the administrator must be given notice of the opportunity to meet with a majority of the board at a properly convened board meeting to discuss the stated reason(s) for nonrenewal. The meeting may occur in closed session at the administrator’s request, but the board must return to open session to approve a nonrenewal resolution.
The entire process must be completed at least 60 days before the employment contract’s termination date.
Superintendent Contracts
Nonrenewing a superintendent’s contract is less complicated. RSC Section 1229(1) requires only that the board take action and provide written notice of nonrenewal to the superintendent at least 90 days before the contract expires.
Before recommending nonrenewal, school officials should review individual employment contracts for any additional terms that could complicate or preclude nonrenewal. For example, a contract may contain additional notice requirements or an “evergreen” clause, which could perpetually extend a contract without affirmative board action.
Tenure Rights
An administrator’s teacher tenure rights (including a superintendent’s) must also be considered. If the administrator has a current teaching certificate and has earned teacher tenure at the nonrenewing school, that administrator may have residual tenure rights, including the right to be placed in a teaching position for which the administrator is certified and qualified. School officials are encouraged to verify whether an administrator has an active teaching certificate and to track the expiration dates of administrator contracts to avoid an unintentional contract renewal.