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�PANC�2024 SPRING CONFERENCE�Wilmington, N.C.�May 1, 2024�NONRENEWALS �(It’s That Time of Year…)��Richard A. Schwartz�Schwartz Law P.L.L.C.�19 W. Hargett Street, Suite 1000�Raleigh, NC 27601�(919)-821-9011�rschwartz@schwartzedulaw.com��© 2024 Schwartz Law P.L.L.C.

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THE LAW ON NONRENEWALS

Critical Dates:

Administrators - May 1 Notice to Administrator

WAIT… Isn’t today May 1?

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THE LAW ON NONRENEWALS

Critical Dates:

Administrators - May 1 Notice to Administrator

Teachers - June 1 Notice to Teacher

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THE LAW ON NONRENEWALS

Teachers

Career Teacher (§115C-325) – CAN’T be nonrenewed.
Probationary Teacher? NO! We haven’t had them since 2013!
Contract Teacher (§115C-325.3)

1 year contract for first 3 years
After first 3 years: eligible for:

1 year

or

2 year

or

4 year

Board policy may require first 3 years to be consecutive (or not)
Board policy may set standards for eligibility, consideration for, or entitlement to multi-year contracts

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THE LAW ON NONRENEWALS

Contract Teachers – Renewals and Nonrenewals

Superintendent recommends renewed contracts and length of contract term only if teacher has shown effectiveness as demonstrated by proficiency on evaluation.
BOE may:

Approve Superintendent’s recommendation,
Decide not to renew, or
Decide to offer renewal for a different term than Superintendent recommends
§115C-325.3(b)

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THE LAW ON NONRENEWALS

Contract Teachers – Renewals and Nonrenewals

If Superintendent decides not to recommend a renewed contract, does the Board vote to nonrenew?

NO!

Superintendent must give written notice of his or her decision to the teacher by June 1. Superintendent’s decision can’t be arbitrary, capricious, discriminatory, personal, political, or on any basis prohibited by State or Federal law.
The contract then simply expires on its own at the end of the contract term. §115C-325.3(d).

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THE LAW ON NONRENEWALS

Contract Teachers – Renewals and Nonrenewals

BUT… it may not be that easy!

§115C-325.3(e) – Teacher has the “right” “to petition the board” for a nonrenewal hearing.
BOE has complete discretion whether (or not) to grant a hearing.
Check local board policy on this!
BOE shall notify the petitioning teacher of its decision whether to grant hearing.
If hearing is granted, it must be conducted pursuant to §115C-45(c)

(cont.)

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THE LAW ON NONRENEWALS

Contract Teachers – Renewals and Nonrenewals

Cont.

BOE shall notify teacher of its decision to nonrenew by June 15 or, if a hearing is granted, within 10 days after hearing (or later date agreed to in writing by Superintendent and teacher).

BOE decision to nonrenew can’t be: arbitrary, capricious, discriminatory, personal, political, or on any basis prohibited by State or Federal law.

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THE LAW ON NONRENEWALS

Contract Teachers – Renewals and Nonrenewals

What if HR screws up again?

If teacher is neither offered a new contract nor notified of nonrenewal, then what?
If teacher continues to teach without a new contract, then, upon discovery, the BOE must vote to either:

Offer a one-year contract expiring no later than June 30 of current school year; or
Dismiss the teacher, who is considered an at-will employee (not entitled to hearing or appeal) and pay one month’s salary.
§115C-325.4(f).

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THE LAW ON NONRENEWALS

ADMINISTRATOR NONRENEWALS

§115C-287.1 requires contracts for certain administrators (Principal, AP, Supervisor, Director)

Whose major function includes direct or indirect supervision of teaching or any part of the instructional program

Other administrators are not covered by this law.
Check local board policy to see who is covered.
Check your administrator contract language.

Don’t provide statutory contract protection to administrators who are not eligible for it.

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THE LAW ON NONRENEWALS

ADMINISTRATOR NONRENEWALS

§115C-287.1 governs nonrenewal of administrators who are covered by that section.

Rolling annual renewals are not allowed.

BOE must vote to renew or extend an administrator’s contract. §115C-287.1(b).

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THE LAW ON NONRENEWALS

ADMINISTRATOR NONRENEWALS

Superintendent may recommend a renewed or extended contract to BOE.

BOE may approve the recommendation or decide not to renew or extend the contract.

§115C-287.1(d).

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THE LAW ON NONRENEWALS

ADMINISTRATOR NONRENEWALS

If Superintendent decides not to recommend a renewed contract, does the Board vote whether to nonrenew?

NO!

Superintendent must give written notice of his or her decision by May 1.
The Superintendent’s reasons may not be: arbitrary, capricious, discriminatory, personal, political, or prohibited by State or Federal law.
No action by the BOE or further notice to the administrator is needed and the contract simply expires at the end of its term. §115C-287.1(d).

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THE LAW ON NONRENEWALS

ADMINISTRATOR NONRENEWALS

UNLESS…

If the administrator files with the Superintendent a written request for a hearing within 10 days of receipt of the Superintendent’s notice, the BOE shall conduct a hearing pursuant to §115C-45(c).
Administrator has a right to a hearing if request is timely filed.
Failure to file a timely request results in a waiver of the right to hearing.

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THE LAW ON NONRENEWALS

ADMINISTRATOR NONRENEWALS

After hearing, BOE must make final decision on renewal/nonrenewal.
IF BOE decides not to renew contract, it shall notify administrator by June 1 of final year of contract.
BOE decision may be for any cause that is not: arbitrary, capricious, discriminatory, personal, political, or prohibited by State or Federal law.
§115C-287.1(d).

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THE LAW ON NONRENEWALS

ADMINISTRATOR NONRENEWALS

If the nonrenewed administrator held career status as a teacher in your school system immediately prior to becoming an administrator, with no subsequent break in service (excepting such breaks as military leave, maternity leave, etc.) then they retain career status as a teacher.
Unless, the school administrator voluntarily relinquished that career status to become an administrator, or unless you go through dismissal/demotion under the tenure law (§115C-325).
§115C-287.1(f1)

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THE LAW ON NONRENEWALS

ADMINISTRATOR NONRENEWALS

STILL MORE!

What if the Personnel Office screws up yet again?!?
If Superintendent or BOE fails to notify administrator by June 1 of final year that they will not be offered a new contract, then what happens?

Provide written notice to the administrator that they will be nonrenewed
Administrator is entitled to 30 days of employment or pay from the date they are notified.

§115C-287.1(f)

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THE LAW ON NONRENEWALS

ADMINISTRATOR NONRENEWALS

Special provisions for provisional assistant principals. §115C-287.1(h).
Nothing requires the local BOE to extend or renew the contract of an administrator who holds a provisional AP license.
If SBE does not extend the provisional AP license of one who held career teacher status in your district, they retain career teacher status unless they relinquished it or unless dismissed or demoted under tenure law(§115C-325).

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THE LAW ON NONRENEWALS

OTHER ADMINISTRATORS

There are no specific laws dealing with nonrenewals of these “other” administrators:

Superintendent
Asst. or Assoc. Superintendent
Administrators not included in §115C-287.1 (i.e., those whose major function does not involve the instructional program).

But, be sure to check:

Board policy
Contract provisions that may establish nonrenewal notices.

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BOARD NONRENEWAL HEARINGS

BOE does not have to state its reasons for granting/denying a teacher’s request for discretionary hearing.
BOE should be aware that granting discretionary hearings can lead to legal challenges for subsequent denials of discretionary hearings.
A board hearing is conducted pursuant to G.S. 115C-45(c), which allows (but does not require) the board to appoint a panel of 2 or more members to hear and decide the matter for and on behalf of the board.

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BOARD NONRENEWAL HEARINGS

Because there is not a vested property interest at stake, procedural requirements for due process may be relatively minimal.
Board may, by policy or simply by notice, structure hearings under G.S. §115C-45(c) in any way it deems appropriate, so long as it meets the minimal requirements of: notice, a record, and impartiality.

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BOARD NONRENEWAL HEARINGS

A board hearing under G.S. §115C-45(c) requires, at a minimum, that:

Proper notice is given to all parties.
A record of the hearing is properly entered in the Board’s records.
That Board members act impartially to provide a fair hearing.

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BOARD NONRENEWAL HEARINGS

Check your Board policies to see if they already prescribe procedures for a Board-level hearing under G.S. §115C-45(c).

Consider whether to adopt such a policy, even though it is not required by law.

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BOARD NONRENEWAL HEARINGS

PRACTICAL ADVICE/TIPS

Superintendent is not required to give any reasons for decision not to recommend renewed contract. BUT, BOE may want to know.

Advise the teacher that nonrenewal notice will become part of their file and that they may be asked whether they have ever received one on future employment applications. Counsel the teacher to resign.

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BOARD NONRENEWAL HEARINGS

PRACTICAL ADVICE/TIPS

Resignations are always better than hearings.

If you may be headed to a hearing, BE PREPARED, IN ADVANCE.

DON’T wait until D-day to call the lawyer.

Know the legal requirements and follow them.

Meet with teacher before Superintendent issues nonrenewal notice.

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BOARD NONRENEWAL HEARINGS

PRACTICAL ADVICE/TIPS

If the Board grants a hearing, make sure the Superintendent is prepared to support the decision not to recommend a renewed contract with reasons/information/documentation that:

Are legally adequate.
Are properly documented.
Meet the Board’s policy standard.
Will pass Board members’ “fairness” expectations.

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BOARD NONRENEWAL HEARINGS

PRACTICAL ADVICE/TIPS

Don’t hold back on the reasons. If you don’t include them now, any later added reasons may be excluded or may look questionable.

Alternatives to nonrenewals?

Resignation
Impact on future job prospects
Dismissal
Offer other employment?

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Your Session Is Now Over!

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