June 1 is an important date for school districts in the Ohio Revised Code in the area of human resources and employee contracts. Specifically, June 1 is the deadline to take action if the board wishes to nonrenew the contracts of administrators other than the superintendent and treasurer. Given this rapidly approaching deadline, now is the time for boards of education in cooperation with the superintendent and other school leaders to begin planning for any possible nonrenewal actions.
Nonrenewal of the contracts of administrators other than the superintendent or treasurer, which includes assistant superintendents, principals, assistant principals, and “other administrators” (meaning positions like pupil services directors who spend less than 50% of time working directly with students), is governed by Ohio Revised Code (RC) 3319.02. The first step is making sure all evaluations have been done and done on time. Then if a board decides to nonrenew one of these administrators, it must give “written notice of its intention not to reemploy the employee” by June 1. If the board fails to take this action, the administrator is deemed reemployed for an additional year at the same salary plus any increments authorized by the board.
RC 3319.02(D)(2)(4) further requires boards to alert any administrator they intend to nonrenew as to the date their contract expires and to alert them as to their right to meet with the board. The employee may further request that that meeting take place in executive session and may have a representative chosen by the employee at the meeting.
Note that this process is separate from the process of terminating an administrator for good and just cause, which is governed by RC 3319.16. Also note that this process does not apply to nonrenewal of superintendents and treasurers, which are governed under RC 3319.01 and RC 3313.22 respectively.
Nonrenewal of any administrator has the potential to expose the district to liability and potential litigation, so it is always prudent to discuss with legal counsel when making a decision to nonrenew an administrator. Members are welcome to contact OSBA’s legal division at 855-OSBA-LAW with questions about these requirements.