To avoid an unintended contract extension or obtainment of tenure, school officials must follow the applicable timelines and procedures to non-renew a probationary teacher’s contract.
Probationary Period
Amendments to RSC Section 1249 (teacher evaluation) and to the Teachers’ Tenure Act (probationary period for non-tenured teachers) take effect July 1, 2024. For the rest of this school year, RSC Section 1249 remains unchanged. Teachers must serve an initial five-year probationary period and receive an “effective” or “highly effective” evaluation rating on their three most recent performance evaluations to acquire tenure. This five-year probationary period is reduced to four years if a teacher is rated “highly effective” on three consecutive annual year-end performance evaluations. If a teacher previously acquired tenure with another Michigan public school, the probationary period is only two years, unless reduced in duration or waived 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 regularly monitor a chart that identifies each teacher’s hire date, status as a previously tenured teacher, annual performance evaluation ratings, and expected date for acquiring tenure.
Non-Renewal
The 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 the teacher’s 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 Act purposes. For a teacher hired after the start of a school year, however, the hire date (known as the “anniversary date”) defines the end of the teacher’s probationary period, which is measured in “full school years.”
For a probationary teacher who previously acquired tenure in another Michigan public school 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). The board must authorize the non-renewal and provide written notice of non-renewal to the teacher. For all other probationary teachers, the teacher must receive written notice of non-renewal at least 15 days before the end of the school year (i.e., June 15 or 15 days before the anniversary date).
Administrators must allow sufficient time for the board to act 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 contract. For example, administrators must ensure that the probationary teacher:
- was evaluated in compliance with RSC Section 1249 and board policy;
- had an individual development plan in place for each year from the start of the probationary period;
- received a mid-year review; and
- received multiple classroom observations and ample opportunity to improve consistent with the Tenure Act.
School officials must follow the applicable timelines and procedures required to properly make these important personnel decisions to avoid unintended consequences.