A Rite of Spring: Non-Renewals and Donaldson Hearings

As the 2024-2025 school year concludes, school administrators are tasked with determining whether or not to renew employment of non-tenured staff members. The reasons for non-renewals may differ, but the process never should. These processes vary based on the employment category. However, if the process is not followed, the non-renewal may be deemed ineffective.

TEACHING STAFF MEMBERS

When deciding whether or not to offer continued employment to non-tenured teaching staff members, boards and school administrators must follow clear statutory requirements.

First, prior to any notice of non-renewal, N.J.S.A. 18A:27-4.1 requires that the chief school administrator notify the board of his or her recommendation not to renew the employee’s contract and the reasons for that recommendation. This board notification must occur sometime prior to May 15 of each school year.

Next, based on the superintendent’s recommendations, the board must vote to renew the employment contracts of its non-tenured teaching staff. If the board does not vote to renew an employment contract of an employee recommended for renewal, they are automatically non-renewed. The board is not required to approve a superintendent’s recommendation regarding renewal, but the board is specifically prohibited from withholding its approval for “arbitrary and capricious” reasons. See N.J.S.A. 18A:27-4.1(b). “Arbitrary and capricious” reasons may include discriminatory reasons, residency of the employee, or other unsupported reasons.

Then, once renewed staff are approved, N.J.S.A. 18A:27-10 requires that, on or before May 15 of each school year, non-tenured teaching staff members must receive either: (1) a written offer of employment for the succeeding school year; or (2) written notice from the chief school administrator that employment for the succeeding school year will not be offered. If a non-tenured teaching staff member does not receive his or her non-renewal notice by May 15, the board is deemed to have renewed their employment pursuant to N.J.S.A. 18A:27-11. Thus, unless written notice to the contrary is provided, a failure to act will result in the automatic renewal of employment.

If a non-tenured teaching staff member is renewed, they must accept the offer of employment, in writing, no later than June 1, 2024. N.J.S.A. 18A:27-12. This may include signing and returning of an employment contract.

If a non-tenured teaching staff member is not renewed, they are offered certain due process rights that enable the staff member to appeal the non-renewal. Within ten (10) calendar days of receiving notice of non-renewal, the non-tenured teaching staff member may request a written statement of reasons for non-renewal. The non-tenured teaching staff member may also request an informal appearance before the board. This is commonly known as a Donaldson hearing, named after a 1974 New Jersey Supreme Court case. The purpose of a Donaldson hearing is to give the non-renewed staff member an opportunity to speak to the board and offer evidence to support why the employee should be renewed.  If a majority of the board agrees, the board has the authority to grant the employee’s request, despite the superintendent’s recommendation to the contrary. Otherwise, no further action is required by the board.

When a Donaldson hearing is requested, the board must schedule such appearance within 30 calendar days from the date the employee received the notice of non-renewal. This means that if the employee waits 5 days to request a Donaldson hearing following receipt of the non-renewal notice, the board has 25 calendar days to schedule the hearing. Once the Donaldson hearing is held, the board must provide written notification of its final determination to the non-renewed employee within three (3) business days.

NON-TEACHING STAFF MEMBERS

The rights afforded to non-teaching staff members related to non-renewals and Donaldson hearings differ based on the position of the employee.

Like teaching staff members, paraprofessionals must be notified of the non-renewal of their employment no later than May 15 of the school year. N.J.S.A. 18A:27-10.2. They must also be provided with a written statement of reasons and Donaldson hearing if requested within the same timelines as certificated staff. N.J.S.A. 18A:27-4.1.

Unlike certificated staff and paraprofessionals, non-certificated staff such as secretaries and custodians are not provided with a May 15 notice of non-renewal deadline by statute. Instead, such deadline may be established through collective bargaining, past practice, or contract. They are, however, entitled to a written statement of reasons and Donaldson hearing if requested within the same timelines as certificated staff. Id.

Therefore, we recommend that chief school administrators be mindful of the upcoming timelines regarding non-renewals. Chief school administrators should evaluate their staffing needs for the upcoming school year and begin making recommendations to the Board regarding renewals and non-renewals. Boards should be prepared to hold executive sessions if Donaldson hearings are requested.