15-536. Offer of contract to certificated
teacher who has not been employed more than three consecutive
school years; acceptance; notice to teacher of intention not to
reemploy
A. Subject to sections 15-539, 15-540, 15-541, 15-544 and 15-549, the governing
board shall offer a teaching contract for the next ensuing school year to each
certificated teacher who has not been employed by the school district for more than the
major portion of three consecutive school years and who is under a contract of employment
with the school district for the current school year, unless the governing board, a
member of the board acting on behalf of the board or the superintendent of the school
district gives notice to the teacher of the board's intention not to offer a teaching
contract or unless such teacher has been dismissed pursuant to section 15-538, 15-539,
15-541 or 15-544. The teacher's acceptance of the contract for the ensuing year must be
indicated within fifteen business days from the date of the teacher's receipt of the
written contract or the offer is revoked. Receipt under this subsection will be deemed
to have occurred when the written contract is personally delivered, placed in the
teacher's school provided mailbox, including electronic mail, or two days after being
placed in a United States postal service mailbox. The teacher accepts the contract by
signing the contract and returning it to the governing board or by making a written
instrument which accepts the terms of the contract and delivering it to the governing
board. If the written instrument includes terms in addition to the terms of the contract
offered by the board, the teacher fails to accept the contract.
B. Notice of the board's intention not to reemploy the teacher shall be by
delivering it personally to the teacher or by sending it by registered or certified mail
to the teacher at the teacher's place of residence as recorded in the school district
records. The notice shall incorporate a statement of reasons for not reemploying the
teacher. If the reasons are charges of inadequacy of classroom performance as defined by
the governing board pursuant to section 15-539, subsection D, the board or its authorized
representative, at least ninety days prior to such notice, shall give the teacher written
preliminary notice of inadequacy, specifying the nature of the inadequacy with such
particularity as to furnish the teacher an opportunity to correct the inadequacies and
overcome the grounds for such charge. The governing board may delegate to employees of
the governing board the general authority to issue preliminary notices of inadequacy of
classroom performance to teachers pursuant to this subsection without the need for prior
approval of each notice by the governing board. In all cases in which an employee of the
governing board issues a preliminary notice of inadequacy of classroom performance
without prior approval by the governing board, the employee shall report its issuance to
the governing board within five school days. The written notice of intention not to
reemploy shall include a copy of any evaluation pertinent to the charges made and filed
with the board.
C. Nothing in this section shall be construed to provide a certificated teacher who
has not been employed by the school district for more than the major portion of three
consecutive school years and who has received notice of the board's intention not to
offer a teaching contract with the right to a hearing pursuant to section 15-539,
subsection G.
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