Policy Q&A

Question: Our superintendent’s contract expires next year, on July 1, 2011. The superintendent may retire. Then again, we aren’t sure that retirement will occur. Questions: When should we start looking for a new superintendent? Also, should the school board give the superintendent a notice that the contract won’t be renewed? When?

Answer: It is wise to start thinking now about what occurs when the contract expires in 2011. Here’s why: The contract of the exiting superintendent may have a clause providing for a one-year notice of non-reappointment (non-renewal). The board should give notice of non-reappointment this June. A non-appointment notice might be as simple as this text for a board resolution: “Resolved: The contract of the current superintendent will not be renewed upon its expiration date of July 1, 2011.”

Retirement will be the superintendent’s decision, and is not within the board’s control. The resolution not to reappoint provides certainty so the search for a new superintendent can begin. If the superintendent decides not to retire, the board’s search will continue without confusion.

Boards must review the language of the superintendent’s current contract as to issues of non-renewal notices. Some existing contracts contain a clause requiring a full year’s notice.

Change in Law The law on non-renewal changed in 2008. State law (NJSA 18A:17-20.1) now says that school boards only need to give a one-month notice (30 days) for each year of the contract.

But what if the pre-existing contract has a clause calling for a one-year’s notice?

In that case, the contract language is likely to prevail. In a previous commissioner decision (Soloman, 2004; June 24), a contractual notice clause that called for two years’ notice of non-renewal was upheld. A one year’s notice provision would likely be interpreted consistent with previous rulings.

When hiring a new superintendent, boards may want to include text in the contract to match the law in NJSA 18A:17-20.1.

“The Board shall provide the Chief School Administrator/Superintendent with written notice of its intent not to renew this contract, with such notification being given prior to the expiration of the contract by a length of time equal to 30 days for each year in the term of the current contract. Upon issuance of such notice of non-reappointment, employment shall cease at the expiration of the term of this contract.”

It is a good time to begin the process of selecting a new superintendent, and the first step is giving notice of non-reappointment of the current superintendent. Giving notice before July 1, 2010 may avoid confusion and potential litigation.

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