Teachers facing possible nonrenewal of contract have 15 days to request a hearing.  So imagine this scenario:

May 9, 2017: district hand delivers notice of proposed nonrenewal to teacher. Fifteen days after this is May 24.

May 22, 2017: Teacher requests a hearing by letter sent certified with proper address and proper postage.

May 24, 2017: Deadline arrives. The letter is in the custody of the USPS.

May 26, 2017: Letter arrives.

Has the teacher requested the hearing in timely fashion?  Commissioner Morath says no.  The district never gave the man a hearing and the Commissioner ruled that they didn’t have to. He was too late with his request.  The “mailbox rule” whereby a notice is deemed to have been delivered when it is properly placed in the mailbox does not apply to a teacher’s request for hearing in connection with a proposed nonrenewal.

The case is Gilmore v. North East ISD, Docket No. 026-R10-01-2018.  Commissioner Morath signed off on this one on September 24, 2018.

DAWG BONE: THE MAILBOX RULE APPLIES ONLY WHEN A STATUTE AUTHORIZES NOTICE BY MAIL.

Tomorrow: An IEP for our state rep!