3140 - NON-RENEWAL, TERMINATION, AND RESIGNATION

A critical function of the Board is maintaining personnel necessary to carry out the District's educational program and mission. In the course of carrying out this function, the Board will at times find it necessary to end an employment relationship with a member of the professional staff. This policy governs the process of non-renewal and termination of employees, as well as the conditions under which a resignation may be accepted.

Full-Time Teachers

All full-time teachers are required to be under contract with the District. A full-time teacher's employment contract is automatically void and employment ends if the teacher does not have an appropriate teaching license issued by the DPI. Otherwise, a full-time teacher's employment shall be subject to non-renewal, termination, or resignation as follows:

1. Non-Renewal
   
   In the event that the District Administrator intends to recommend the non-renewal of a full-time teacher’s contract, all applicable statutory non-renewal procedures and timelines will apply, including both preliminary and final notice of non-renewal. No teacher may be non-renewed solely on the basis of the results of mandatory student examinations. The District Administrator shall be responsible for notifying the affected teacher of his/her rights relative to the non-renewal process. As teachers are at-will employees, a teacher's contract may be non-renewed for any reason not prohibited by law. A teacher's contract may be non-renewed upon a majority vote of the full membership of the Board.
2. Termination
   
   A full-time teacher's contract may be terminated only by a majority vote of the full membership of the Board. A teacher's contract may be terminated for any reason that is not arbitrary or capricious. The District Administrator shall, if deemed appropriate, recommend a teacher's termination to the Board. The District Administrator is responsible for providing the teacher with appropriate notice regarding the hearing and for taking the necessary steps to present any such recommendation to the Board.
   
   The District Administrator may engage in negotiations with the teacher for purposes of resignation short of a hearing, subject to final Board approval.
    
3. Resignation
   
   A full-time teacher may resign from his/her position only upon approval of a majority of the full membership of the Board. The District Administrator may negotiate terms of resignation with such teacher as appropriate and present those terms to the Board in an appropriately noticed Board meeting, as necessary. A resignation is only effective once approved by the Board. A resignation, once accepted by the Board, may not be rescinded without approval by the Board.

Part-Time Teachers

1. Non-Renewal
   
   Teachers employed less than full-time, and whose employment contract does not specify otherwise are not entitled to notice of intent to renew or of intent not to renew his/her contract for a subsequent school year. If a part-time teacher's contract provides for notice of renewal or non-renewal, the procedures set forth above for full-time teachers apply.
2. Termination
   
   Teachers employed less than full-time, and whose employment contract does not specify otherwise may have their employment terminated by the Board for any reason not prohibited by law. If such teacher's contract provides otherwise, the terms of the contract will apply.
3. Resignation
   
   Teachers employed less than full time may resign from his/her position only upon approval of a majority of the Board. The District Administrator may negotiate terms of a resignation with such teacher as appropriate and present those terms to the Board in an appropriately noticed Board meeting, as necessary. A resignation is only effective once approved by the Board. A resignation, once accepted by the Board, may not be rescinded without approval by the Board.

Administrators

The Board employs administrative employees under a variety of employment arrangements. Generally, those arrangements include those administrators who, by law, are required to have an employment contract and are provided statutory rights with respect to those contracts; those who are not required to have contracts by law, but are nonetheless employed pursuant to a written contract approved by the Board; and those who perform administrative functions, but who do not have a contract which specifies the terms of employment as they relate to termination, resignation, and non-renewal of the employment arrangement.

1. Statutory Administrators
   
   The Board shall employ, as necessary, by contract the following persons: the District Administrator, business manager, school principals, and assistants to such persons, as well as the following persons employed solely to perform administrative functions: personnel administrators and supervisors, curriculum administrators, and assistants to such administrative personnel. 
   
   Such administrators may only be terminated by a majority of the full membership of the Board. Unless the contract provides otherwise, such an administrator's contract may be terminated for any reason that is not arbitrary or capricious.
   
   Such administrators are entitled to contract renewal or non-renewal pursuant to applicable statutory procedures, and any additional procedures incorporated into the said contract. Unless the contract provides otherwise, such an administrator's contact may be non-renewed for any reason not prohibited by law.
   
   The District Administrator shall be responsible for assuring compliance with the procedures necessary for Board action to terminate or to non-renew an administrator's contract. In the case of the District Administrator's contract,  Policy 1241 - Non-Renewal or Termination of the District Administrator's Contract applies.
   
   Such administrators may resign from his/her position only upon approval of a majority of the full membership of the Board. The District Administrator may negotiate and present those terms to the Board in an appropriately noticed Board meeting, as necessary. A resignation is only effective once approved by the Board. A resignation, once accepted by the Board, may not be rescinded without approval by the Board.
2. Administrators with Contracts including Provisions Governing Termination
   
   The Board may employ administrators who are not statutorily entitled to an employment contract or to statutory termination and non-renewal procedures, but who nonetheless are issued employment contracts with provisions governing this process applicable to the manner in which the employment relationship is concluded, either by resignation, termination, or non-renewal. In such cases, the District Administrator shall be responsible for assuring adherence to applicable contractual procedures. If the contract does not provide otherwise, such administrators are at-will employees.
    
3. Administrative Personnel with no Contractual or Statutory Coverage
   
   Employees performing administrative functions, but who are not covered by applicable statutory termination or non-renewal procedures, and who have not been issued an employment contract with provisions governing the termination or non-renewal process, are not entitled to notice of intent to renew or not to renew an employment agreement. In such a case, an employment agreement shall expire and the employee shall have no expectation of continued employment beyond the term of the agreement. Such employees are at-will employees.
   
   Such an administrative employee's employment may be terminated by the District Administrator or a majority of a quorum of the Board present at a Board meeting.
   
   Such an administrative employee's resignation may be accepted by the District Administrator or a majority of a quorum of the Board present at a Board meeting. 
   
   A resignation, once accepted, may not be rescinded without the approval of the Board.

Revised 10/21/19
T.C. 2/19/25

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