In Wisconsin, all teachers employed by a public-school board must have a written employment contract. Wis. Stat. § 118.21. All full-time teacher contracts, and some part-time teacher contracts, are subject to the renewal and non-renewal procedures set forth in Wis. Stat. § 118.22. If a school district seeks to non-renew the contract of a teacher, but fails to properly follow the contract non-renewal process, the teacher’s contract will renew for another year, which could have significant financial and staffing implications for the school district.
This Legal Update seeks to provide school districts with helpful information to navigate the Teacher contract renewal/non-renewal process and plan for a successful start to the 2025-2026 school year.
Definition of Teacher
For purposes of the contract renewal and non-renewal statute, Wis. Stat.§ 118.22(1)(b) defines “teacher” to include “any person who holds a teacher’s certificate or license issued by the state superintendent or a classification status under the technical college system board and whose legal employment requires such certificate, license or classification status, but does not include part-time teachers or teachers employed by any board of school directors in a city of the 1st class.”
“Teacher” contracts are not only issued to classroom teachers. Often, “teacher” contracts are issued to school social workers, school psychologists, physical therapists, speech pathologists,
gifted and talented development coordinators, school nurses, library media specialists, technology integrators, and special education program supports.
Part-time teachers’ contracts may or may not be governed by the renewal and non-renewal procedures in Wis. Stat. § 118.22. The procedures do not automatically apply to part-time teacher contracts; however, many school districts incorporate the statutory renewal and non-renewal procedures from Wis. Stat. § 118.22 into a part-time teacher’s contract. With part-time teacher contracts, it is important to review the language in the specific contract. This Legal Update does not address limited-term teacher contracts and other similar contracts, which may include different renewal and non-renewal procedures within the language of the contract. Again, with such contracts, it is important to review the language in the specific contract.
For purposes of this article, we will use the term “teacher” and “teacher contract” to refer to anyone with a contract that is governed by Wis. Stat. §118.22.
Automatic Renewal of Teacher Contracts
If a school district fails to non-renew a teacher’s contract in the manner prescribed by Wis. Stat. § 118.22, the teacher’s contract will automatically renew under the same terms as their current contract for the following school year. Therefore, it is vital that school districts understand the required notices and deadlines that make up the teacher contract non-renewal process.
Teacher Contract Non-Renewal Process
Step 1: Consider Staffing Needs and Teacher Performance—It is the responsibility of a school district’s administrators to evaluate the performance of teacher. From a practical perspective, this process is ongoing. Performance evaluations contain vital information for the teacher contract renewal and non-renewal process. School districts should ensure that performance evaluations are conducted for all teachers on a regular basis.
Annually, between January and March, administrators should review anticipated teacher staffing needs for the following school year, and review teacher performance evaluations to determine if teachers are meeting district goals and standards. If the administrator determines that the school district’s staffing needs have decreased (e.g., decreased enrollment), or that a teacher’s performance is deficient and the district wants to dismiss a teacher at the conclusion of the current school year, the district will need to follow the steps listed below to comply with the teacher non-renewal process.
Step 2: Preliminary Notice of Non-Renewal—When a teacher’s contract is to be non-renewed, the teacher must receive two notices: (1) a preliminary notice of nonrenewal, and (2) a final notice of nonrenewal.
Wis. Stat. § 118.22(3) requires that, at least fifteen (15) days prior to giving written notice of a school board’s decision to non-renew the contract of a teacher for the subsequent school year, the teacher must receive preliminary notice stating that the school board is considering non-renewal of the teacher’s contract. The statutory deadline for when a school board must provide a teacher with final notice of contract non-renewal is May 15.
Therefore, school boards seeking to non-renew a teacher’s contract must provide (i.e., received by the teacher) preliminary notice of non-renewal by the last day in April at the latest. However, school districts should initiate this process earlier than the last day in April so they can accommodate scheduled board meetings, private conferences, scheduling conflicts, and consultation with counsel, as necessary, without fear of the statutory deadline lapsing.
The written preliminary notice of contract non-renewal must include the following:
- A statement that the board is considering non-renewal of the teacher’s contract for the following year.
- A statement that, if the teacher files a request with the board to have a private conference within five (5) days of receiving the preliminary notice, the teacher has the right to a private conference with the board before receiving written final notice of non-renewal of the teacher’s contract.
It is advisable, albeit not required, to provide the preliminary notice of contract non-renewal to the teacher by hand delivery or another method of delivery that allows the school district to record the date of delivery with the teacher’s signature on the notice or another individual’s signature confirming that delivery occurred on a particular date.
Step 3: Private Conference—If within five (5) days of receiving the preliminary notice of contract non-renewal, the teacher requests a private conference with the board, the board shall conduct a private conference with the teacher before making a decision regarding final notice of contract non-renewal.
Step 4: Final Notice of Non-Renewal—Both the official board action and the teacher’s receipt of the final notice of contract non-renewal must occur prior to May 15.
Like the preliminary notice of contract non-renewal, school districts should hand deliver or use another method for delivery of the final notice of contract non-renewal in order to have incontrovertible evidence that the teacher received the final notice of contract non-renewal.
Board Action
Board action is required for all teacher contract non-renewal decisions. While preliminary notice of nonrenewal can be issued by a simple majority of a quorum of the Board, final notice of contract non-renewal must be passed by a majority of the full board membership.
If a school board misses any of these steps, the teacher’s contract is renewed for the following school year.
Teacher Acceptance of a Renewed Contract
If the school board provides notice of contract renewal or does not provide notice of contract non-renewal to a teacher on or before May 15, the teacher must affirmatively accept or reject the contract by June 15. If the teacher does not accept or reject the contract by June 15, the school district may conclude that the teacher has resigned from employment at the conclusion of the current school year.
