LEGAL
report
NON-RENEWALS, REDUCTIONS IN FORCE, AND TERMINATIONS BY DENNIS PERGRAM
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rincipals’ contracts are involuntarily discontinued through three statutory procedures, and those are non-renewals, reductions in force, and terminations.
NON-RENEWALS R.C. 3319.02(C)(i) provides that in any school year that your contract of employment is not due to expire, at least one evaluation shall be completed in that year, and you are to be provided with a copy of the same no later than the end of your contract year. R.C. 3319.02(C)(i) provides that in any school year that your contract of employment is due to expire, you are to be provided with a preliminary evaluation and at least a final evaluation in that school year, you are to be provided with a written copy of the preliminary evaluation at least 60 days prior to any action by the school board on your contract, and you are to receive the final evaluation at least 5 days prior to the board acting to renew or non-renew your contract. That final evaluation shall indicate the Superintendent’s intended recommendation to the board. R.C. 3319.02(D)(4) provides that before taking any action to renew or non-renew your contract, the board shall, prior to the first day of June, notify you of the date that your contract expires, and that you may request a meeting with the board. Upon such a request, the board shall grant you a meeting in executive session. Under R.C. 3319.02(D)(4), you are entitled to have a representative present at the executive session, and the board is obligated to discuss its reasons for considering renewal or non-renewal of your contract. R.C. 3319.02(C) provides that if you did not receive a notice of non-renewal on or before the first day of June, you are deemed re-employed at the same salary plus any increments that may be authorized by the board. The term of the automatic re-employment is one year, except that if you have been employed in the district as an administrator for two years or more, the term of re-employment shall be two years. R.C. 3319.02(C) provides that: “When a teacher with continuing
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service status becomes an assistant superintendent, principal, assistant principal, or other administrator with the district or service center with which the teacher holds continuing contract status, the teacher retains such status in the teacher’s non-administrative position as provided for in sections 3311.77, 3319.08, and 3319.09 of the Revised Code.” If you have continuing service status as a teacher in another district and have served two years as an administrator in your current district, you have also acquired continuing service status as a teacher in your current district as a result of serving two years as an administrator. R.C. 3319.11 provides that teachers eligible for continuing service status include those who, having obtained continuing contract status elsewhere, have served two years in the district or center where they are employed as an administrator. REDUCTIONS IN FORCE Most school districts have administrative personnel suspension policies that they use to achieve reductions in force, and under R.C. 3319.171(B), the administrative personnel suspension policy must include the following: (1) One or more reasons that a board may consider for suspending any contract of employment entered into under section 3319.02 of the Revised Code. A reason for such suspension may include the financial conditions of the school district or educational service center. (2) Procedures for determining the order of suspension of contracts within the employment service areas affected; (3) Provisions requiring a right of restoration for employees whose contracts of employment are suspended under the policy if and when any positions become vacant or are created for which any of them are or become qualified. An area of concern is the administrator’s recall rights when his/ her contract has been suspended under an administrative personnel suspension policy. As set forth above, R.C. 3319.171(B)(3) provides
