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Contract FAQ
Can I be returned to a
probationary contract?
You can be returned
to a probationary contract only if you agree in writing after receiving written
notice that your district has proposed or intends to propose your termination or
nonrenewal. You must be given at least three days to consider such a proposal. If you agree to accept the probationary contract, you will serve a new
probationary period as if employed by the district for the first time. If you
do not agree to accept the probationary contract, then the district can proceed
with termination or nonrenewal. Also see Return to Probationary Contract.
When can my contract be "voided"?
If you do not obtain or retain mandatory certification for your assignment,
your contract may be "voided" or automatically terminated without due process.
How do I resign from my
contract?
When you signed your
contract, you agreed to work in your district for the entire school year. If you
ask to be released from your contract during the school year and your request is
denied, you must continue to work or risk a suspension of your certificate for
contract abandonment. However, if you have fulfilled your contract and wish
to resign as of the next school year, you must simply notify your district in
writing no later than 45 days before the first day of instruction of the
following school year. The local school board must approve resignations after
that date or any requests to resign during the school year.
What is a contract release?
If it is past the 45-day resignation deadline, then you must ask the district to release you. If the
district refuses to do so and you leave anyway, the district may submit a complaint to the State
Board for Educator Certification (SBEC). The common sanction for “contract abandonment” is a one-year
suspension of teaching credentials, but milder sanctions are sometimes given, depending on the individual
situation. SBEC does take mitigating circumstances into consideration. It is
important to be able to show that:
(1) You were compelled to leave, such as in cases of serious health or family circumstances. (A better job
is not good cause.)
(2) You gave the district as much notice as you could.
(3) You did what you could to find and/or assist your replacement.
Does my contract
cover all of my duties?
- Read your
contract carefully to determine which duties are specifically included.
- Supplemental duties, such as coaching, may not be specified. If they are included, your district might have to provide you with due process before
taking the compensation for the duty away. If
these supplemental duties are not included in your contract, and
you do not have a separate contract for these duties, then you may have neither
a right nor an obligation to continue in these duties, and they may be
terminated or you may resign from them at any time.
- Most contracts give districts the leeway to assign additional duties, including lunch or bus duty,
ticket-taking at athletic events, or attendance at parent-teacher meetings. As long as the additional
duties are within the general expectations of the parties and fall within the beginning and ending
dates of the contract, they are probably valid assignments.
- Specific work assignments are usually not protected by contract. If your
contract says that you are employed as a "teacher," you do not have a
contractual right to a specific teaching assignment; your district may assign
you to any teaching position for which you are certified. But if your contract
has a more narrow description of your employment position, your district may be more restricted in the reassignments
that it can make. (Also see
Reassignments.)
Are
districts required to issue contracts or nonrenewals by a certain date?
Districts must give notice of any decisions to nonrenew employees in full-time, certified positions no later than
45 calendar days before the last class day of the school year. If you haven’t heard from your district by that date, your contract has been renewed for next year whether you’ve signed a new one or not. Your district might not give you your new contract until later this spring or maybe even during the summer, but as long as you didn’t receive notice of nonrenewal, you still have a job.
I’m not sure I’ll return to this district next year.
What should I do when
I receive my contract?
You can sign your new contract this spring and still have until the 45th calendar day before the upcoming school
year's first day of instruction to give notice of your resignation. After that date, you’re bound to your contract unless the district agrees to release you.
Will my contract be
the same each year?
The district can legally change many of your contract’s terms each time you are required to sign a new one,
but some terms cannot be changed without your agreement. (Continuing contracts do not change without the consent of the employee.) So, you must read it. Don’t assume your new contract is the same as your last one. The most important parts
to review are the employment position listed on the contract and the type of
contract—whether it is probationary, term or continuing. Contracts rarely
provide information regarding starting or ending dates, hours or even
salary. This information must be found in local policy, which is incorporated
into the contract.
How will I know what my
salary will be next year?
Your salary will likely not be listed on your contract. If it’s not, don’t
rely on administrators’ “expectations” of what your salary will be. You
aren’t guaranteed to make more money, or even the same amount of money,
until your school board sets next year’s salary schedule. However, if the
last day for unilateral resignation from your contract comes and goes, and
the district hasn’t informed you of your salary or indicated that it might
decrease next year, you can expect to make at least as much as you made last
year.
After I sign my contract,
can I resign if I find a better
or higher-paying job?
If you have already signed your contract for the upcoming year, you may still resign as long as
you do so by sending a written resignation to the school board via the superintendent, no later
than 45 calendar days before the first instructional day of the upcoming school year. The
resignation should be mailed certified mail, return-receipt requested so that you have proof
that you submitted it.
If it is past the 45-day deadline, then you must ask the district to release you. If the
district refuses to do so and you leave anyway, the district may submit a complaint to SBEC. The common sanction for “contract abandonment” is a one-year
suspension of teaching credentials, but milder sanctions are sometimes given, depending on the individual
situation. SBEC does take mitigating circumstances into consideration. It is
important to be able to show that:
(1) You were compelled to leave, such as in cases of serious health or family circumstances. (A better job
is not good cause.)
(2) You gave the district as much notice as you could.
(3) You did what you could to find and/or assist your replacement.
___________________________
The legal information provided on this Web site is for general purposes only. It is not intended as a substitute for
individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our
online system, MLSIS.
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