Part 3

Understanding Administrator Contracts & Contract Renewal: Contract Nonrenewal

Administrator Contracts & Contract Renewal Nonrenewal

Welcome back to our four-part series that recaps Kirk Strang’s presentation on administrator contracts and contract renewal, which was presented in January at the WASDA New Superintendents Academy. This is an important topic that Kirk revisits every year to make sure superintendents are up-to-speed on current processes and practices.

Thus far, we’ve covered:

In Part 3, we’re shifting our focus to contract nonrenewal. Let’s begin …

Administrator Contract Nonrenewal

CONTRACT DEADLINES

  1. 5 months: Board gives preliminary notice of nonrenewal by registered mail.
  2. 4 months: Board gives final notice of renewal or nonrenewal.
  3. 3 months: Administrator accepts or rejects the contract.

NOTE: Preliminary notice is in writing and by registered mail. The board must “give” preliminary and final notices of nonrenewal.

There is no specific authority interpreting the term “given.” Consequently, the best practice is to ensure that notice is received — rather than sent — no later than the statutory deadlines.

PRELIMINARY NOTICE

  1. The preliminary notice should make clear that the board is considering nonrenewal and avoid using language that states or implies that the school board has made a final decision to nonrenew. 

    NOTE: A preliminary decision to nonrenew is okay and does not violate an administrator’s right to due process. 

  2. The preliminary notice must state that “the board is considering nonrenewal of the contract, and that if such person files a written request with the board within 7 days after receiving such notice, the person has the right to a hearing before the board prior to being given written notice of refusal to renew the contract.” Wis. Stat. § 118.24(7).
  3. The administrator has a right to request a hearing.
    1. The request must be a “written request.”
    2. The written request must be filed with the board.

    3. The written request must be filed within 7 days after the preliminary notice is received.

      “The written request for a hearing shall include a statement requesting either a private hearing or a public hearing before the board…”

  4. Privacy in the nonrenewal setting is often dictated by an administrator’s choice of a public or private hearing.
    1. Responses to public records requests for the preliminary notice or the reasons for the proposed nonrenewal generally will be influenced by this choice.
    2. Public commentary or responses to media, public inquiries will also be affected.
    3. Case and witness preparation can be a permissible exception to the “rule” of privacy concerning a pending nonrenewal (where it applies), provided that disclosures are appropriate.
  5. Upon request, the board must provide its reasons for considering nonrenewal. 

    1. “If a hearing concerning nonrenewal of the contract is requested, the reasons upon which the board is considering nonrenewal may also be requested and the board shall furnish such reasons before the hearing in writing.” Wis. Stat. § 118.24(7).

      This provision does not mandate that the reasons be requested as part of seeking a hearing, but the best practice is for the reasons to be provided with sufficient advance notice to allow the individual to prepare for the hearing.

    2. The “reasons upon which the board is considering nonrenewal” can be a short statement providing the rationale for the decision. 

      1. There is no requirement that the reasons be elaborate or formal. 
      2. The reasons generally should be fact-based.
      3. The reasons should be understandable to a reasonable reader in the position of the employee.

      A hearing is defined by the reasons given for the proposed nonrenewal. Choosing to broaden the hearing to entertain other information, with limited exceptions, is often a policy or political issue, not a legal mandate.

FINAL NOTICE

  1. Final notice under Wis. Stat. § 118.24(6):
    1. Must be given “[a]t least 4 months prior to the expiration of the employment contract …”
    2. Must be given by “the employing school board”
    3. Must be given in writing
    4. Must give notice of “either renewal of the contract or of refusal to renew such person’s contract”

NOTE: If no such notice is given, “the contract then in force shall continue in force for two years.” In addition, “[a]ny such person who receives notice of renewal or who does not receive notice of renewal or refusal to renew the person’s contract at least 4 months before the contract expiration shall accept or reject the contract in writing on or before a date 3 months prior to the contract expiration.”

Next up, in Part 4 of our series, we continue the topic of administrator contracts and contract renewal with a focus on contract renewal, including types of renewal, renewal vs. extension, and navigating nonrenewal/renewal problems.

Until then, if you found this article helpful, you may also like:

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