CONTRACT RENEWAL PROCEDURE - KNOW YOUR RIGHTS

 For a number of teachers, March 1, 2004, may have a special meaning.  Wisconsin Statute (118.22) requires that any Board of Education that is considering the non-renewal of any teacher's contract must notify that teacher at least fifteen (15) days prior to March 15.  This year the  Board has until Friday, February 27.   This is called the Preliminary Notice of Non-Renewal and must be in writing.

 The formal notice of non-renewal must come to the teacher by March 15th!  It is also true that the Board of Education must notify teachers of the renewal of their contract by the same date.  If the Board sends a teacher neither a renewal nor a non-renewal notice by March 15th, the statute requires that the contract then in force remains in effect for the coming school year.  However, the teacher must accept or reject the "non offer" before April 15th!  All teachers must accept their contracts by April 15th.

 The rights to continued employment by a teacher are quite limited under existing law.  In fact, all that the Board of Education is required to do, other than the two notices referred to above, is to grant the teacher the right to a private conference with the Board, IF THE TEACHER REQUESTS SUCH A CONFERENCE WITHIN 5 DAYS AFTER RECEIVING THE PRELIMINARY NOTICE.  It is extremely important to note that the five (5) days referred to in the statute refers to calendar days and not working days.

 It is also important to note that it is not permitted for the Board of Education to make a decision on the non-renewal until after the private conference is concluded, and the decision to non-renew must be by majority vote of the entire Board membership.

 The private conference, as defined by statute, is merely procedural.  Furthermore, the private conference outlined in the statute only effects full-time teachers, not part-time teachers or ESP members.  However, some collective bargaining agreements, and to a limited degree past practice, may extend the conference right to part-time teachers.

 Because all of the TriWauk UniServ contracts have a "just cause" provision and/or evaluation procedures, teachers will have an opportunity to pursue, through a disinterested third party, a resolution to their problem.  Just cause, however, may not apply to all teachers, especially those who have not yet passed the probationary period for new teachers enumerated in your collective bargaining agreement.  In every instance of a non-renewal, TriWauk UniServ staff should be contacted to help prepare for the private conference.  In all instances where a non-renewal occurs, the teacher will be represented at the arbitration by TriWauk Uniserv Executive Director Ellen MacFarlane.

 It must be pointed out that 118.22 only provides a procedure for non-renewal.  Since the private conference is before the Board of Education and not an impartial third party, its decision usually affirms the Superintendent's recommendation to non-renew.

 ONE FINAL WORD OF CAUTION:   If your School District Administrator or Principal approaches you with, "resign or be non-renewed", by all means, contact your TriWauk UniServ.  Administrators offer their "deal" not because they have your best interest at heart, but rather because they may not have the facts necessary to prevail in a non-renewal arbitration or they want to avoid paying for your unemployment compensation.

 Unemployment Compensation (U.C.):   Teachers who are non-renewed and/or laid off are entitled to unemployment compensation the first week after the school year ends in June.  The Wisconsin Supreme Court has decided that you are entitled to summer unemployment benefits even if you are partially laid off.  However, please be advised that School Districts are notorious for trying to get out from under paying unemployment compensation by challenging claims.  This problem is compounded when viewed along with some of the narrow decisions/interpretations of the law by U.C. Hearing Officers.  Nevertheless, all persons non-renewed/laid-off should apply for U.C. and contact your TriWauk UniServ Coucil office immediately.

 REMEMBER!!  You have the right to be represented if you have any of the problems above.  All it will take for your own "peace of mind" will be a call to the TriWauk UniServ Council office at 262-789-600 or Toll Free 1-800-403-5845.

 JUST CAUSE PROTECTION :  Remember, as stated above, the 118.22 Statute applies to all full-time teachers in TriWauk UniServ.   More importantly, the just cause standard for non-renewal applies to all non-probationary TriWauk UniServ teachers.  While 118.22 provides the procedure for non-renewal or renewal of an individual contract, the local contracts negotiated in each local of TriWauk sets the standards by which a district's actions will be judged.  A grievance on a non-renewal will result in the Board's actions being reviewed by a professional neutral - usually a state-appointed arbitrator; thus, even if a district follows the 118.22 procedures properly, but that district lacked just cause for its actions, a grievance can be processed and the non-renewal can be overturned.

TriWauk UniServ

Ellen MacFarlane

Call 262-789-6000 or Toll Free: 1-800-403-5845