Navigating Employment Non-Renewal with Fairness and Integrity
BY SUSAN LAIR, PHD - CONSULTANT, EXECUTIVE COACH
Aw, Spring! It brings vibrant skies, singing birds, and blooming flowers, yet for school heads, it is also a season of serious discussions surrounding the 3Ps—People, Places, and Programs. Among the most challenging topics is employment non-renewal. Effectively managing this process requires a commitment to transparency, fairness, and adherence to legal and ethical guidelines.
Many of you have asked me about employment issues, and number one on your list is questions about non-renewal. Nonrenewing a teacher's, administrator's, or staff's employment agreement is an important decision that requires careful consideration, a roadmap for transparency, fairness, and adherence to legal and ethical guidelines. Here are key factors to consider:
Performance and Essential Behaviors
Instruction
Delivery – Does the teacher consistently demonstrate knowledge of the curriculum, exemplary instructional skills, impeccable classroom management, and professional excellence?
Mission Aligned—What evidence can you point to that the teacher understands, supports, and contributes to the school's mission, vision, and goals?
Student Success—Teachers matter more to student achievement than any other aspect of schooling. They play a critical role in student success. Effective teaching practices and strong teacher-student relationships foster a positive learning environment and support academic and social-emotional growth. In what ways has the teacher assured her students are prepared for the next grade, course, college, the workplace, and life?
Professionalism
Essential Behaviors—Does this teacher demonstrate school and colleague loyalty, flexibility, initiative, moral character, and integrity? Does this teacher have an excellent rapport with students and parents? Does this teacher contribute positively to a friendly climate, good morale, and cooperation with co-workers? Does this teacher protect and encourage her colleagues' reputations with school families?
Professional Development – Does the teacher actively address professional growth through professional development, certification, or continued education?
Teacher Evaluation and Documentation
Assessment
Have administrators followed the school's teacher evaluation system? Is there written evidence of observed shortcomings and performance concerns? Does the written evidence provide clarity and allow the teacher to respond or disagree?
Communication
Have administrators provided clear, respectful feedback and guidance through conversations, a performance improvement plan, professional development, or documented meetings?
Records
Are expectations, observations, teacher/parent meetings, parent complaints, teacher/administrator meetings, and conversations concerning shortfalls in writing? Have these documents been shared with the teacher? Are all written documents organized and easily accessible? Are documents free of personal opinion?
Legal Issues and Protected Classes
Protected Classes
Protected classes are legally recognized groups shielded from unfair treatment or discrimination based on age, gender, race, disability, etc.
Does the school's documentation clearly articulate a lack of knowledge, problems with delivery, mission alignment, student success, or professionalism by the teacher? Does the documentation show evidence of a written assessment, observations, feedback, communication, guidance, performance improvement plans, and follow-up conversations?
Policies and Procedures
Have administrators followed the school's policies and procedures, ensuring fairness and transparency. Important Note: A judge may forgive you for being stupid, but he'll never forgive you for not following your own policies and procedures.
Employment Agreements and Contracts
Have administrators reviewed legal documents and complied with all appropriate timelines, communication, etc.?
Legal and Ethical Guidelines
Have you followed all local, state, and federal laws to the best of your ability? Have you provided the school's attorney with the documentation for review?
How should the school notify a teacher of non-renewal?
Ultimately, you employ every employee at your school. You, the Board, and your Business Director work to provide the highest salaries and best benefits the school can afford, and your office issues employment agreements. I advise you and only you to deliver a message of an employee's non-renewal. Here are a few reasons to consider:
You are the school's CEO. While having someone else in the room, such as the human resource director, division director, or supervisor, is prudent, it is still your meeting.
Your meeting with the employee better ensures compliance with policies and procedures.
Your conversation during the meeting ensures respect, fairness, and compassion.
You expect your employees to do their jobs. As CEO, hiring and releasing employees is your job. If your school has unknowledgeable, ineffective, and unreliable employees, whose fault is it?
You can direct the employee to meet with human resources or the business office for an exit interview. (During an exit interview, the school obtains a mailing address and other contact information, shares a list of items that need to be returned to the school, how teaching certificates and other items will be returned to the employee and other employment matters)
You are the CEO and will be called to testify if there is litigation.
You can ensure that a follow-up letter is sent to the employee reviewing the conversation, asking for feedback and corrections, and clearly articulating the outcome of non-renewal.
The thought of a conversation to discuss non-renewal with an employee scares me. What should I do?
Start by having a school employment calendar that provides every employee with information concerning employment agreement and evaluation timelines, expectations for observations, feedback, and meetings regarding future employment.
Within the evaluation system, articulate general expectations for transparency, clarity, feedback, improvement plans, and meeting expectations.
Have the business office or human resources help you prepare for the meeting. Before the meeting, have the school's attorney review the documentation for non-renewal.
Write down and practice what you want to say to the employee to ensure clarity.
Remind yourself that you are the only one who can ensure the best instructional staff for your school's students.
Yes, employment non-renewal is one of the most challenging topics for school heads. Effectively managing this process requires a commitment to transparency, fairness, and adherence to legal and ethical guidelines. By following predetermined guidelines, School heads can navigate non-renewal decisions with integrity, ensuring employee fairness while upholding the school's mission and educational excellence.
What do you think? We’d love to hear from you, email design@educationgroup.com.