Administrator Non-Renewal Deadlines on the Horizon

Revised School Code (RSC) Section 1229 establishes deadlines, timelines, and procedural requirements to nonrenew a school administrator’s employment contract. To comply with the statute, the nonrenewal process must begin at least 90 days before a particular administrator’s employment contract terminates (e.g., no later than April 1 for a contract that ends June 30).

The sample timeline below is based on the statutory minimum number of days a board needs to act before nonrenewing an administrator’s contract that will expire on June 30:

• By April 1: Notify the administrator that a recommendation will be made to the board to consider nonrenewal of the administrator’s contract, along with a written statement of the reasons for the recommendation. This notice of the board’s intention to consider nonrenewal must occur at least 90 days before the expiration of the administrator’s employment contract.
• April 1 to May 1: The administrator must have at least a 30-day period within which to request a meeting with the board to discuss the recommendation. If the board fails to provide for a meeting during this period, the administrator’s contract is automatically renewed for an additional year. This meeting may be held in closed session at the administrator’s election.
• By May 1: The board must notify the administra­tor of its final determination. If the Board votes to nonrenew, notice must be given at least 60 days before the expiration of the administrator’s contract. If the board does not provide written notice of the nonrenewal 60 days before the contract expiration, the administrator’s contract is renewed for an additional year.

This year, we recommend starting the nonrenewal process no later than March 15 for a contract that will expire on June 30. An early start is important because any error in the statutory nonrenewal process will result in the administrator’s contract automatically renewing for an additional year. 

Administrator Contracts

For administrators other than superintendents, the nonrenewal process begins when the board sends written notice to the administrator, at least 90 days before the employment contract expires, that it may consider nonrenewal for specific, non-arbitrary, and non-capricious reasons. The superintendent typically provides those reasons to the board for consideration. The superintendent must understand the nonrenewal standard and draft a legally compliant nonrenewal recommendation for board consideration.

All board decisions must be made in open session, but the board may review the matter in closed session if the named administrator requests a closed hearing. If the board decides to consider the administrator’s nonrenewal, it must approve in open session a resolution 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 receive 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 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 if it wishes to approve a nonrenewal resolution.

The entire process must be completed at least 60 days before the employment contract’s termination date (e.g., by May 1 for a contract that terminates June 30).

Superintendent Contracts

Nonrenewing a superintendent’s contract is less complicated. RSC 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.

Other Contract Terms

Before recommending nonrenewal, school officials should review individual employment contracts for additional terms that could complicate or preclude nonrenewal. For example, a contract may contain additional notice requirements (i.e., requirements beyond RSC Section 1229’s minimum requirements) or an “evergreen” clause, which could perpetually extend a contract without affirmative board action.

Tenure Rights

An administrator’s (including a superintendent’s) teacher tenure rights must also be considered when pursuing nonrenewal. 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 certificated and qualified.

School officials should verify whether an administrator has an active teaching certificate and track the expiration dates of administrator contracts to avoid unintentional contract renewals.

For Thrun Policy Service subscribers, superintendent and administrator nonrenewal requirements are covered in Policy 4508 and its corresponding administrative guideline, 4508-AG, and Policy 4607.