As spring approaches, Nebraska school districts begin planning for the upcoming school year. Every year, we get the same question: what’s the difference between a “letter of intent” and a “renewal agreement.” Truthfully, we don’t care what you call the document. The question is whether it is legally binding.
Under Neb. Rev. Stat. § 79-829, a district may require certificated employees to “accept employment” for next school year as early as March 15. If they accept, it’s binding, with a caveat on resignations discussed below. If the certificated employee fails to accept employment upon written request of the school board or the administrators, their contract can be nonrenewed or terminated (in which case the administration would need to follow all of the relevant procedures for doing so, including issuing notice no later than April 15 of the proposed nonrenewal or termination, as the case may be). However, no certificated employee can be required to accept employment until March 15.
Therein lies the rub. If you intend to ask staff to formally accept employment, your document (whether an agreement or letter) should say so clearly, referencing the statute. We strongly recommend renewal agreements to remove all doubt.
Here’s catch #1. Let’s say you use binding renewal agreements due back to the superintendent by March 15. However, your negotiated agreement or board policy say staff can resign as late as April 15. At a practical level, your March 15 renewal agreement may not be binding at all as long as the employee submits a resignation by the later deadline.
Here’s catch #2. By law, the statutory deadline to issue nonrenewal or termination notices is April 15. However, if you give that struggling staff member a renewal agreement, it’s binding, and they sign it, you can no longer issue that notice of nonrenewal or termination. You can’t “renew” them and then try to nonrenew or terminate them after the fact. If you’re not sure if that employee can meet expectations, don’t issue them a renewal document.
Your homework: look at your current renewal document (whether a letter or agreement), your board policy, your handbook, and your negotiated agreement. Every year, a handful of schools think they’re handling this correctly but end up with surprises when staff are able to resign later. If you’ve read all this and aren’t sure what your system is or if it’s set up the right way, you should contact your school attorney.
Careful attention to these statutory timelines is essential to avoid unintended renewal issues or procedural missteps. There’s a time to act and a time to think…and this is one of those times to think!