Kelley Baker kbaker@hslegalfirm.com
Karen Haase
Steve Williams
Bobby Truhe
khaase@hslegalfirm.com @KarenHaase
swilliams@hslegalfirm.com
btruhe@hslegalfirm.com @btruhe
April 15 Deadline is Coming! We are writing, as we do every year around this time, to remind you of the April 15th deadline for giving notice of proposed teacher contract termination and nonrenewal. Under the Teacher Tenure Act, a teacher’s contract is automatically renewed unless the teacher receives notice on or before April 15th that the board will consider non-renewing, terminating or amending his or her 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. We sometimes are asked about whether the April 15th deadline is a mutual obligation on both teachers and boards of education. It is. The Professional Practices Committee and the Nebraska Commissioner of Education have determined that teachers are contractually obligated for the following school year after April 15 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 or need assistance in making personnel decisions, please call Kelley, Karen, Steve or Bobby. I:\3\7613\E-mail Updates\154 - April 15.docx