Probationary Teacher Non-Renewal Timelines

To avoid an unintended contract extension or acquired tenure status, school officials must follow statutory timelines and procedures to non-renew a probationary teacher’s contract.

Probationary Period

Following the recent Teachers’ Tenure Act amendments, teachers acquire tenure when they have: (1) received an “effective” or “highly effective” evaluation rating on three performance evaluations, including their most recent evaluation; and (2) completed at least four full school years of employment. If a teacher previously acquired tenure with another Michigan public school district, the probationary period is only two years, unless the school board waives the probationary period or reduces its duration to allow immediate tenure.

School officials must accurately compute the probationary period and apply the correct timelines for non-renewal. Different timelines apply depending on a teacher’s hire date or if a lengthy leave of absence or layoff interrupts the probationary period. We recommend that school officials create, and then regularly monitor, a chart that identifies each teacher’s hire date, status as a previously tenured teacher, annual performance evaluation ratings, absences and layoffs, and expected date for acquiring tenure.

Non-Renewal

The Teachers’ Tenure Act states that “before the end of each school year, the controlling board shall provide the probationary teacher with a definite written statement as to whether or not his or her work has been effective.” The Michigan Supreme Court has established June 30 as the uniform date for the end of the school year for tenure purposes. For a teacher hired after the start of a school year, the teacher’s hire date (known as the “anniversary date”) defines the end of the probationary period, which is measured in “full school years.”

For a probationary teacher who previously acquired tenure in another Michigan public school district and is on the two-year probationary cycle, the teacher must receive a non-renewal notice at least 60 days before the end of the probationary period (i.e., May 1 or 60 days before the anniversary date). For all other probationary teachers, the teacher must receive the non-renewal notice at least 15 days before the end of the school year (i.e., June 15 or 15 days before the anniversary date). The board must authorize the non-renewal, and provide the non-renewal notice to the teacher.

Administrators must allow sufficient time for board action to non-renew a probationary teacher’s contract and to provide written notice to that teacher within these timelines. The common belief that a school board “grants” tenure to a probationary teacher is not accurate. Rather, a probationary teacher automatically acquires tenure by operation of law upon the successful completion of the probationary period, unless the school board timely acts to non-renew the contract.

Although non-renewal is within the board’s discretion, school officials must comply with statutory procedures, timelines, and criteria to successfully non-renew a probationary teacher’s employment. For example, administrators must ensure that the probationary teacher:

1. was evaluated in compliance with RSC Section 1249, board policy, and the applicable collective bargaining agreement;
2. had an individual development plan in place for each year from the start of the probationary period;
3. received a mid-year review (required for the first year of probation, but we recommend that all probationary teachers receive a mid-year review); and
4. received multiple classroom observations and ample opportunity to improve consistent with RSC Section 1249 and the Teachers’ Tenure Act.

As non-renewal deadlines approach, please contact a Thrun labor attorney with any questions.