Nonrenewals & Unemployment

Nonrenewal of Contract (Non-re-election)

A teacher who has not attained tenure is subject to nonrenewal (non-re-election) by the school district each year.  In accordance with the law, teachers who are being nonrenewed by the school district must be informed in writing within five (5) days of the last instructional day (TCA 49-4-409(b)).  If a non-tenured teacher does not receive such a notice within the aforementioned period, he/she is under continuing employment with his/her school district for another year. 

Teachers whose contracts are nonrenewed are entitled to unemployment benefits as long as they don’t sign those rights away.  Contact your UniServ Director prior to completing any forms—especially forms they may ask for your expected last day of employment with the school district.  Do not resign.  A resignation does not entitle you to unemployment benefits.  Furthermore, with a nonrenewal, you are entitled to pay and medical benefits through the end of the employment contract (usually June 30).  Teachers who resign typically cite their last day of work (usually a date in May) as their resignation effective date, which means they are potentially giving up one month of pay and medical benefits coverage!

A non-renewal is not the same as being fired.  When you are fired, you are provided with the reason for your termination of employment and future employers are entitled to know the reason for your termination.  With a non-renewal, you are not provided a reason other than the district simply decided not to renew your contract for the new school year.

In some districts you can apply for open positions at other schools within the district after receiving a nonrenewal notice.  In other districts you are not eligible for employment with that district for the upcoming school year.  If you receive a notice of nonrenewal you should apply for positions for which you are licensed and qualified with other school districts to increase your chances of employment for the upcoming school year.  Additionally, you should also apply for unemployment benefits (in case you aren’t able to secure another position) and COBRA health insurance.

Unemployment

If you are nonrenewed, you qualify for unemployment benefits, assuming you did not sign those rights away.  As a teacher you must file for unemployment every week from the time you are notified of your nonrenewal until your unemployment is accepted (usually at the start of the new school year).  Once your filing for unemployment has been accepted, you will receive retroactive unemployment benefits; however, if you wait to the beginning of the new school year to file, you will not receive retroactive benefits.  Should you be hired by another district over the summer or at the start of the next school year, you will not receive unemployment; however, it is better to file in case you need it than to wait and wish you had filed earlier.

Non-renewals and Tenure Eligibility

According to state law, a teacher must serve a probationary period of at least five (5) years and have a level of effectiveness (LOE) of “above expectations” (4) or “significantly above expectations” (5) during the last two years of the probationary period to be eligible

for tenure.  If a teacher is unable to score an LOE of 4 or 5 during the last two years of the probationary period, the probationary period continues until the teacher scores an LOE or 4 or 5 for two consecutive years.

The law states that the probationary period does not have to be served in the same school district.  Therefore, a teacher who is nonrenewed before reaching tenure status can apply the years he/she taught in one school district for the tenure probationary period in another.  For example, if a teacher teaches for four (4) years in James County School District and then is nonrenewed and teaches in Sample School District the following year and he/she had an LOE of 4 in his/her last year at James County and has an LOE of 5 this year in Sample School District, he/she is now eligible for tenure.  It is recommended that nonrenewed teachers check with their new employer regarding their tenure status and probationary period.  Your UniServ Director may be able to assist you in negotiating your probationary status/tenure eligibility with your new employer.