Non-Renewal Of Michigan School Administrator Contracts

The deadlines are approaching for non-renewal of public school administrative contracts. Administrator contracts are governed by Section 1229 of the Michigan Revised School Code, MCL 380.1229, which contains two crucial deadlines for non-renewing an administrator's contract. The statute requires a board of education to provide written notice of non-renewal of an administrative contract at least 60 days before the termination date of the contract, which typically is June 30. In addition, before the 60 days' notice, the board of education is required to provide at least 30 days' advance notice to the administrator that the board is considering non-renewal together with a written statement of the reasons, which cannot be arbitrary or capricious. If these deadlines are not followed, then the contract is automatically renewed for an additional one-year period.

For illustrative purposes, assuming that an administrative contract expires June 30, in order to satisfy the 60-day notice requirement, the board of education must enact a resolution of non-renewal and ensure delivery to the administrator on or before May 1.

In this same illustration, the statute provides that the 30 days' advance notice that the board is considering non-renewal should be sent and received by the administrator on or before April 1. After issuance of this written statement, the statute requires that the affected administrator be given an opportunity to meet with not less than a majority of the board to discuss the reasons for non-renewing his or her contract. Under the Open Meetings Act, an administrator has the option of requesting a closed meeting to consider non-renewal of his or her contract at a designated March board meeting to address the board and/or have the board consider the non-renewal in closed session.

School districts should also be reminded that the nonrenewal of an administrator's contract does not extinguish any teacher tenure rights the individual may hold with the district. Following the Legislature's 1993 amendment eliminating the statutory requirement that certain administrators possess a teaching certificate, an individual who has never attained teacher tenure cannot acquire tenure while serving solely in an administrative role. Rather, a probationary period toward teacher tenure may be completed only while serving in a teaching position that requires a valid teaching certificate.

By contrast, an individual who has already earned teacher tenure by successfully completing the required probationary period in a teaching position may subsequently obtain tenure in a new school district after serving two years as a school administrator in that district, even without performing teaching duties. Tenure eligibility in this circumstance is conditioned upon the administrator maintaining a valid teaching certificate – regardless of whether such certification is required for the administrative position – and completing any applicable two-year probationary period imposed by the school district.

In McGonigle v. Portage Public Schools, TTC 99-25, McGonigle attained teacher tenure while employed in a teaching position with Albion Public Schools. He was subsequently hired by Portage Public Schools as an administrator, where he remained employed for approximately seven years.

The Teacher Tenure Commission concluded that McGonigle successfully completed Portage Public Schools' applicable probationary period – then, one year (now two years) – and therefore achieved tenure status within the district. The Commission held that an administrator who has previously earned tenure in another district, and whose administrative contract precludes the acquisition of tenure in the administrative role, nevertheless attains continuing tenure as an active classroom teacher in the employing district upon completion of the probationary period. Importantly, the position held during that probationary period need not require a teaching certificate, so long as the individual had previously acquired tenure and maintained valid teaching certification.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.