Karen Haase khaase@ksbschoollaw.com @KarenHaase
Steve Williams swilliams@ksbschoollaw.com @SteveisEsteban
Bobby Truhe btruhe@ksbschoollaw.com @btruhe
Your April 15th Deadline is Coming! Pop quiz! Question: Why are school lawyers reminding you about your income tax deadline? Answer: We're not, but it's still important! April 15th is significant as the date by which school administrators must decide whether they want to proceed with the non-renewal or termination of a certificated employee’s contract. Under the Teacher Tenure Act, teachers’ contracts are automatically renewed unless the teacher receives notice on or before April 15th that the board will consider non-renewing, terminating, or amending the teacher’s contract. This deadline applies to any action on a teacher’s contract, including reductions in force. In Bentley v. School District No. 25 of Custer County, 255 Neb. 404, 586 N.W. 2d 306 (1998), the Nebraska Supreme Court held that delivery of a non-renewal notice on April 16th was not sufficient statutory notice to a teacher, and constituted no notice at all. If you have any reservations about whether to continue a teacher’s employment contract, you should contact your school district’s attorney promptly. Your school attorney will want to review the employee's file and assist in preparing the proper notice documents if you decide to proceed with a possible termination or nonrenewal.
Cornhusker Plaza 301 S. 13th St., Suite 210 Lincoln, NE 68508
P: (402) 804-8000 F: (402) 804-8002 KSBSchoolLaw.com
Question: Is the April 15th deadline a mutual obligation on both teachers and boards of education? Answer: Yes! The Professional Practices Committee and the Nebraska Commissioner of Education have determined that teachers are contractually obligated for the following school year after April 15th unless: (1) the teacher has submitted a resignation prior to that date or (2) the board, through policy or provision in its negotiated agreement, has agreed to release teachers through a later date. If you have questions, we recommend that you consult with your school district’s attorney or call Karen, Steve or Bobby.
Cornhusker Plaza 301 S. 13th St., Suite 210 Lincoln, NE 68508
P: (402) 804-8000 F: (402) 804-8002 KSBSchoolLaw.com