SERIES 4000: DISTRICT EMPLOYMENT
4400 Professional Staff
4409-R Non-Renewal (Effective July 1, 2024)
For purposes of this Policy, “non-renewal” of a probationary teacher refers to the discontinuation of the employment relationship between the Board and a probationary teacher at the expiration of the probationary year following the process set forth in the Teachers’ Tenure Act.
Teachers must serve a probationary period as required by the Teachers’ Tenure Act. A probationary teacher’s contract may be non-renewed for performance-based reasons or any other lawful reason.
This Policy must be implemented consistent with Policy 1101.
A. Probationary Period
1. A probationary teacher rated developing, or needing support may be subject to non-renewal consistent with the Teachers’ Tenure Act. To attain tenure, a probationary teacher must be rated effective (after July 1, 2024) or highly effective (before July 1, 2024) on the teacher’s 3 most recent year-end annual performance evaluations and serve at least 4 full school years. A teacher’s probationary period may extend beyond 4 years .
2. For a teacher who previously held tenure in another Michigan public school district, the teacher is subject to a 2-year probationary period, unless the Board acts to reduce the teacher’s probationary period.
3. Unless otherwise provided by a collective bargaining agreement or individual employment contract:
a. Non-Teaching Professionals who are not subject to the Teachers’ Tenure Act are subject to 5 years of probationary service and may be non-renewed or terminated at-will by the Board; and
b. After 5 years, the non-probationary Non-Teaching Professional may be non-renewed or terminated for any reason that is not arbitrary or capricious, subject to due process.]
B. Non-renewal
1. Probationary teacher non-renewal is subject to the non-renewal procedures specified in the Teachers’ Tenure Act. This Policy shall be implemented consistent with that statute.
2. Before non-renewing a probationary teacher, the probationary teacher must receive written notice of the Superintendent’s or designee’s recommendation for non-renewal and the time, date, and place of the Board meeting at which the Board will consider the recommendation. The recommendation for non-renewal will state the reason(s) for the recommendation and may include supporting documentation.
3. The probationary teacher must receive written notice of Board action to non-renew the teacher’s contract at least 15 calendar days before the end of the school year (June 30) except as provided in subsection 4 below. If the teacher is hired after the beginning of the school year, notice of non-renewal must be received at least 15 calendar days before the teacher’s anniversary date of hire.
4. For a teacher who previously held tenure in another Michigan public school district, the teacher must receive written notice of non-renewal at least 60 calendar days before the completion of the probationary period.
C. The probationary teacher will be provided an opportunity to address the Board in open or closed session and respond to the Superintendent’s or designee’s recommendation to non-renew.
D. The Board must take action in open session on the recommendation to non-renew the probationary teacher.
E. The probationary teacher must be served with written notice of the Board’s action non-renewing the teacher’s employment and a copy of the Board action within the timeframe required by the Teachers’ Tenure Act. The non-renewal notice will specify that a probationary teacher has the right to appeal the timeliness or legal effect of a notice of non-renewal. The appeal must be filed with the State Tenure Commission within 20 calendar days after the probationary teacher’s receipt of the notice of non-renewal. A copy of the Teachers’ Tenure Act should also be included with the notice.
Legal authority: MCL 38.81 et seq., 38.91 et seq.
Date adopted: 12/19/23
Date revised:
