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Education Law
Alert
PROBATIONARY
TEACHER NONRENEWALS
by Barbara A.
Ruga
Based on
research conducted by the New Teacher Project, www.tntp.org, school districts would see a
significant increase in student achievement if the bottom quartile of
ineffective teachers were properly exited or supported to improve
their teaching and learning skills. Research of New York City
and Dallas students' math scores show that enhancing teacher
effectiveness makes dramatic differences in achievement. Which
brings us to the subject of probationary teacher nonrenewals because
it is that time of year again.
Teachers in their probationary periods (2 or 4 years)
are subject to contract discontinuance upon action by the Board of
Education and notice of Board action to affected teachers. To
be timely, if the probationary teacher's service is measured on the
school year rule, notice must be delivered to the teacher not later than
May 1, 2010. If the probationary teacher started teaching after
the first scheduled day of the school year, the anniversary year rule
applies and a different deadline is applicable.
In order to support an action of contract nonrenewal,
the Tenure Act requires that a probationary teacher's evaluation
process include:
· an individualized development
plan developed by appropriate administrative personnel in
consultation with the teacher
· at least two observations with
60 calendar days between the first and last observation
· a final "year end"
evaluation (that cannot be done too early)
· assessment of progress towards
the IDP within the final evaluation.
Failure to satisfy the above requirements means the
teacher is legally deemed satisfactory.
While collective bargaining requirements may complicate
an individual district's position, if the failure to re-employ a
probationary teacher is not expressly excluded from the grievance
arbitration procedures, the Tenure Commission will generally not second
guess evaluator's decisions to discontinue probationary teacher
contracts as long as the procedures are satisfied and timely action
taken.
Spring break can complicate a principal's already busy
life, and so we take this opportunity to remind our clients of these
timelines and requirements. If you have any questions, or
require assistance in preparing the necessary documents for board
action, please contact your Clark Hill attorney.
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