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! Since 1955 most Americans have viewed April 15 as “Tax Day.” However, in Nebraska education law, April 15 is significant as the date by which school administrators must decide about 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. This year April 15 falls on a Sunday. Unlike other deadlines that fall on a weekend, this deadline cannot be extended to Monday, April 16. We urge you to make decisions about whether to continue a teacher’s employment contract promptly. You should plan on delivering notices no later than April 13. We sometimes are asked about whether the April 15 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. C:\Users\sls\AppData\Local\Microsoft\Windows\Temporary Internet
April 15.docx
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