7950 - Probationary Teachers Non-Renewal ## Non-Career Status Teachers: Non-Renewal

The Avery County Board of Education, upon recommendation of the superintendent, may refuse to renew the contract of any non-career status teacher for any cause it deems sufficient, so long as the cause is not arbitrary, capricious, discriminatory, prohibited by state or federal law, or for personal or political reasons.

If the superintendent decides to recommend nonrenewal of a non-career status teacher, the superintendent shall provide written notice of the recommendation no later than June 1. The teacher may, within 10 days of receipt of the superintendent's recommendation, request written notice of the reasons for the superintendent's recommendation for nonrenewal and the information that the superintendent may share with the board to support the recommendation for nonrenewal. If a teacher files a timely request, the superintendent shall provide the requested information, and the teacher will be permitted to submit supplemental information to the superintendent and board prior to the board's decision.

A non-career status teacher has the right to petition the board for a hearing no later than 10 days after receiving notice of the superintendent's recommendation for nonrenewal. If the teacher requests a hearing, the board chair and vice chair will confer and determine whether such a hearing will be granted. If the chair and vice chair cannot agree, a hearing will be granted. The board will notify the teacher of its decision whether to grant a hearing.

In considering a recommendation of the superintendent to offer a teacher a new, renewed, or extended contract, the board may review any information that was in the teacher’s personnel file at the time of the superintendent’s recommendation. If the board determines that it needs additional information to reach a decision, it will notify the teacher of the board’s concerns and of the additional information that it is considering and provide an opportunity for the teacher to respond to the additional information.

The board will notify the non-career status teacher whose contract will not be renewed for the next school year of its decision by June 15. If, however, a teacher is granted a hearing, the board will provide the nonrenewal notification within 10 days of the hearing or such later date upon the written consent of the superintendent and teacher.

Non-career status teachers during the term of their contract may be demoted or dismissed only in accordance with policy 7930, Professional Employees: Demotion and Dismissal.

Legal References: G.S. 115C-45(c), -325.1 et seq.

Cross References: Hearings Before the Board (policy 2500), Teacher Contracts (policy 7410), Reduction in Force: Teachers and School Administrators (policy 7920), Professional Employees: Demotion and Dismissal (policy 7930)

Adopted: 2010-05-10 Revised: 2014-03-11 2014-12-09 2017-01-10