Your Rights at Work

Teacher Non-Renewal ~ Know Your Rights and Be Prepared
By law, if a Board is considering non-renewing the contract for the next school year of any public school teacher (including counselors, school psychologists, and others licensed by the Department of Public Instruction) in Wisconsin, they must give notice of contract non-renewal by February 28, 2011. This non-renewal process affects teachers, not support staff, and fortunately affects only a small percentage of teachers each year.

If you are a teacher who is affected, it can be a traumatic event. Wis. Stat. 118.22 is the law which spells out the time table for non-renewal decisions. In order to non-renew a teacher, a Board of Education must take three (3) steps in the following order: Step 1 - The Board must send a written preliminary notice of consideration of non-renewal to the teacher by February 28, 2011. Step 2 - The preliminary notice must inform the teacher that he or she has a right to a private conference with the Board if requested in writing within five calendar days, and the Board must grant the conference if it is requested. Step 3 - If after the private conference, the Board decides to non-renew the teacher, the Board must give the teacher written final notice no later than March 15, 2011.

If you receive a notice of consideration of non-renewal, take immediate action to protect your job and your employment records by doing the following:

Tell your Local Union President and/or Building Rep about the notice the SAME day you get the notice. If you cannot reach either one of them, call the KMUC office the SAME day you receive notice (1-800-967-9322)
Give a copy of all correspondence pertaining to your pending non-renewal to your Union Rep or mail/fax it to the KMUC office the SAME day you receive it.
Do NOT discuss the non-renewal with your Administrators or Board Members unless you have a Union Rep with you. (Sometimes Administrators try to persuade teachers to resign without explaining their legal rights and the significant implications of a resignation.)
Do NOT agree to anything without first consulting your Union Rep or contacting the KMUC office!
If you are pushed for an immediate response, tell the "pushee" you will be represented by KMUC and they have advised you not to discuss the issues without them present.
You have a legal right to have union representation present at all administrative meetings or board hearings concerning the non-renewal, but you must request it!

Not all non-renewals are for disciplinary reasons, but do your best to stay positive and work with your Union Representatives. Remember, your receipt of a non-renewal notice represents the opinion of, perhaps, one Administrator and not necessarily the opinion of all.

If you do not receive written notices as described in this article and if you do not receive a contract (or Letter of Intent) by March 15, 2011, you must accept contract renewal by April 15, 2011. You can self-renew your contract by providing the District Administrator with a written statement saying, "I hereby accept the renewal of my teaching contract for the 2011-2012 school year."

Because of the uncertainty created by the Attack Bill ("budget repair law") in some cases, hasty school boards have issued individual contracts that do not include rates of pay for the 2011-12 school year. These contracts may note that the rate of pay is "TBD" or simply left blank.

Wisconsin Statutes 118.21 and 118.22 and related case law, requires that the individual contract issed by March 15 include its duration and the "teacher's wage," not just a statement that the wages (salary) will be negotiated at a later date. Wis. Stat. 118.21(1) provides: "Such contract, in addition to fixing the teacher's wage..."

Under the language of the Attack Bill ("budget repair law") where a contract is in existence, the terms of the law do not take effect until the CBA expires. Moreover, wages are a subject of bargaining even if the CBA has expired. Thus, whether a collective bargaining agreement is settled or in hiatus, a district would not be permitted to unilaterally set wages.

If a district has omitted wages from the individual contract and there is no CBA covering wages for the 2011-12 school year, the District should insert wages a teacher is currently earning for 2010-11 inthe individual contract and add a statement that the actual wages for 2011-12 are subject to negotiations with the bargaining representative.

If your individual contract does not have a pay rate or reference to collective bargaining, immediately contact your local association representative and/or your UniServ Director at the KMUC office, 800-967-9322.

Weingarten Rights
"If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my Association representative be present at the meeting. Without representation, I choose not to answer any questions."