7000 - Personnel

7950 Renewal and Nonrenewal of Teachers on Term Contracts
Renewal and Nonrenewal of Teachers on Term Contracts
 

A.    CONTRACT RENEWAL

The contracts of non-career status teachers may be renewed by the Board as provided in applicable law and board policy 7410 Teacher Contracts.

B.    GROUNDS FOR CONTRACT NONRENEWAL

Pursuant to North Carolina law, the Board may elect not to renew the contract of any non-career status teacher for any cause it deems sufficient, so long as the cause is not arbitrary, capricious, discriminatory, prohibited by state or federal law, or for personal or political reasons.  

C.    PROCEDURE FOR CONTRACT NON-RENEWAL

1.   FOLLOWING SUPERINTENDENT’S RECOMMENDATION FOR NONRENEWAL

If the Superintendent decides to recommend nonrenewal of a non-career status teacher’s contract, the Superintendent shall provide written notice of the recommendation to the teacher no later than June 1.  The teacher may, within 10 calendar days of receipt of the Superintendent’s recommendation, request the documents that the Superintendent intends to share with the Board to support the recommendation for nonrenewal. If the teacher does not file a request within 10 calendar days, the teacher waives the opportunity to receive the Superintendent’s documents.  Upon receipt of a timely written request, the Superintendent will provide the requested documents to the teacher, and the teacher will be permitted to submit supplemental information to the Superintendent and Board within five (5) calendar days of receipt of the Superintendent’s documents.  The Superintendent shall submit to the Board the information provided to the teacher and the supplemental information timely submitted by the teacher.  The Superintendent also may submit to the Board of Education and to the teacher additional information that (1) addresses the teacher’s supplemental information, or (2) was not available at the time of the Superintendent’s original provision of information. 

A non-career status teacher recommended for non-renewal has the right to petition the Board for a discretionary hearing, by submitting a petition no later than 10 calendar days after receiving notice of the Superintendent’s recommendation for nonrenewal.  The request for a hearing may, but need not be, combined with a request for the documents described in the previous paragraph. If a teacher does not file a petition for hearing within the 10 calendar days, the teacher waives the right for the Board to consider the petition for a hearing.  The written petition shall be submitted to the Superintendent, and shall state with particularity the specific reasons for challenging the Superintendent’s recommendation, and shall also state the reasons why a hearing is necessary and why the Board could not adequately review the Superintendent’s nonrenewal recommendation based on documents provided by the Superintendent and teacher, without a hearing. The Superintendent will forward any timely petition to the Board Chair. The Board Chair and Vice Chair will review the petition and determine whether a hearing will be granted. If the Chair and Vice Chair cannot agree, a hearing will be granted. The Board Chair will notify the teacher of the decision whether to grant a hearing. 

If a hearing is granted, the teacher and Superintendent will be notified of the time, date, and place of the hearing. The Board Chair shall appoint a panel of three board members to hear and act on the appeal on behalf of the full Board.  At least two (2) work days before the day of the hearing, the teacher and Superintendent shall provide to the Board panel and to one another copies of all documents to be presented at the hearing. Documents not exchanged in advance of the hearing may not be used as evidence without the consent of both parties or by a majority vote of the Board panel. The Board panel will make and maintain a record of the hearing. 

The hearing shall be held in closed session.  The hearing shall be informal and formal rules of evidence will not apply. The teacher and the Superintendent may be represented by legal counsel and may present witnesses. Unless otherwise modified by the Board panel, each side will be allowed 30 minutes to make a presentation. The Superintendent shall make his/her presentation first, followed by the teacher. Either party may reserve time for rebuttal. The Board panel may limit or exclude duplicative or irrelevant evidence. 

If the Superintendent recommends the contract renewal of a non-career status teacher, the Board, in considering the recommendation, may review the Superintendent’s recommendation, any information submitted by the Superintendent, and any information in the teacher’s personnel file.  The Board also may request additional information.  The Board will not non-renew a teacher based on any concerns other than information contained in the teacher’s personnel file, without first notifying the teacher of the Board’s concerns and providing an opportunity for the teacher to respond to the concerns.

2.   NOTIFICATION TO NON-CAREER STATUS TEACHER OF BOARD NON-RENEWAL DECISION

The Board will notify a non-career status teacher whose contract will not be renewed for the next school year of its decision by June 15. If, however, a teacher requests and is granted a discretionary hearing, the Board will provide the nonrenewal notification within 10 days of the hearing or such later date mutually consented to in writing by the Superintendent and the teacher. Failure by the Board to provide notification of nonrenewal by the date(s) specified shall not be considered a renewal of a contract.

The Board reserves the right to revise this policy at any time, and this policy is not intended and shall not be interpreted to confer legal or contractual rights greater than those otherwise provided by law.

Legal References: G.S. 115C-45(c), -325.1 et seq.

Cross References: Reduction in Force: Teachers and School Administrators (Policy 7920); Teacher Contracts (Policy 7410).

 

Last Updated: May 14, 2012

 

 

Revised:                 April 10, 2018

 

Legal References:
G.S. 115C 45(c), -325
Cross References:
Career Status (policy 7410), Professional Personnel Reduction in Force (policy 7920), Professional Employees: Demotion and Dismissal (policy 7930)
Adopted:
Monday, 10 May 2010
Last Updated:
Tuesday, 10 April 2018