You Might Get Away With Forgetting Your Spouse's Birthday, but you MUST Remember the Significance of April 15 th !

We all have important dates like birthdays and anniversaries that we

know we must remember. If you are a school administrator in the state

of Nebraska, April 15th is one of those dates. This is the deadline by

which school administrators must decide whether they want to proceed

with the non-renewal or termination of a certificated employee’s contract.

Under the Nebraska laws governing teacher employment, teachers’

contracts are automatically renewed unless the teacher receives notice

on or before April 15th that the board will consider non-renewing,

terminating, or amending the teacher’s contract. This deadline applies to

any action on a teacher’s contract, including reductions in force. In

Bentley v. School District No. 25 of Custer County, 255 Neb. 404, 586

N.W. 2d 306 (1998), the Nebraska Supreme Court held that delivery of a

non-renewal notice on April 16th was not sufficient statutory notice to a

teacher, and constituted no notice at all.

If you have any reservations about whether to continue a teacher’s

employment contract, you should contact your school district’s attorney

promptly. Your school attorney will want to review the employee's file

and assist in preparing the proper notice documents if you decide to

proceed with a possible termination or nonrenewal.

Question: Is the April 15th deadline a mutual obligation on both

teachers and boards of education?

Answer: Yes! The Professional Practices Committee and the

Nebraska Commissioner of Education have determined that teachers are

contractually obligated for the following school year after April 15th

unless: (1) the teacher has submitted a resignation prior to that date or

(2) the board, through policy or provision in its negotiated agreement,

has agreed to release teachers through a later date.

If you have questions, we recommend that you consult with your

school district’s attorney or call Karen, Steve or Bobby.