Sec 15-536. Offer of contract to probationary teacher; acceptance; notice to teacher of intention not to reemploy; definition

A. The governing board shall offer a teaching contract for the next ensuing school year to each probationary teacher, unless the governing board, a member of the board acting on behalf of the board or the superintendent of the school district gives notice to the teacher of the board's intention not to offer a teaching contract or unless such teacher has been dismissed pursuant to section 15-538, 15-539, 15-541 or 15-544. The teacher's acceptance of the contract for the ensuing year must be indicated within fifteen business days from the date of the teacher's receipt of the written contract or the offer is revoked. Receipt under this subsection will be deemed to have occurred when the written contract is personally delivered, placed in the teacher's school provided mailbox, including electronic mail, or two days after being placed in a United States postal service mailbox. The teacher accepts the contract by signing the contract and returning it to the governing board or by making a written instrument that accepts the terms of the contract and delivering it to the governing board. If the written instrument includes terms in addition to the terms of the contract offered by the board, the teacher fails to accept the contract.

B. Notice of the board's intention not to reemploy the teacher shall be by delivering it personally to the teacher or by sending it by registered or certified mail to the teacher at the teacher's place of residence as recorded in the school district records. The notice shall incorporate a statement of reasons for not reemploying the teacher. If the reasons are charges of inadequacy of classroom performance, the board or its authorized representative shall give the teacher written preliminary notice of inadequacy, specifying the nature of the inadequacy with such particularity as to furnish the teacher an opportunity to correct the inadequacies and maintain adequate classroom performance as defined by the governing board pursuant to section 15-538, subsection C. The governing board may delegate to employees of the governing board the general authority to issue preliminary notices of inadequacy of classroom performance to teachers pursuant to this subsection without the need for prior approval of each notice by the governing board. In all cases in which an employee of the governing board issues a preliminary notice of inadequacy of classroom performance without prior approval by the governing board, the employee shall report its issuance to the governing board within ten school days. The written notice of intention not to reemploy shall include a copy of any evaluation pertinent to the charges made and filed with the board.

C. This section shall not be construed to provide a probationary teacher with the right to a hearing pursuant to section 15-539, subsection F.

D. A certificated teacher who is currently a continuing teacher as defined in section 15-538.01 but who has been designated after an evaluation conducted according to the requirements pursuant to section 15-537 in the lowest performance classification for the current school year shall become a probationary teacher as defined in section 15-536 for the subsequent school year and shall remain a probationary teacher until that teacher's performance classification is designated in either of the two highest performance classifications.

E. For the purposes of this section, "probationary teacher" means a certificated teacher who is not a continuing teacher.