Contract Nonrenewal: Concerns and Considerations

With contract season quickly approaching, it’s important to remember nonrenewal of a term contract must be based on one or more reasons specified in Policy DFBB (LOCAL).

Most districts have adopted numerous reasons for which a Chapter 21 term contract can be nonrenewed, including, but not limited to, documentable deficiencies, incompetencies, or violation of state law. Policy DFBB (LOCAL) also states that nonrenewal may “not be based on an employee’s exercise of Constitutional rights or based unlawfully on an employee’s race, color, religion, sex, gender, national origin, age, disability, or any other basis prohibited by law.”

Districts must follow specific procedures when providing notices of nonrenewal and hearings. Written notification of the proposed nonrenewal must be provided to the employee ten calendar days before the last day of instruction (students in school and receiving instruction). This may be through hand delivery or, if the employee is not present on campus on the date hand delivery is attempted, the notice may be mailed by certified or express mail. Sample notices can be found in the district’s local policy manual at Policy DFBB(EXHIBIT).   

If the district fails to notify the professional employee or to follow the statutes for notification, the employee will be entitled to work at the district in the same professional capacity during the following school year. The timeline or cycle for term contract renewal and nonrenewal can be found in the HR Library (member login required).

Human resources should work with administrators to ensure they have appropriate documentation regarding reason(s) for nonrenewal. It’s also advisable to work with local counsel whenever acting to nonrenew or terminate an employment contract.

Information on ending employment of contract employees can be found in Termination of Contract Employees in the HR Library. Additional contract information can be located in TASB Legal Services’ Guide to Educator Contracts available through the TASB store.