Welcome back, Readers!! We hope you are well rested and eager to set the world on fire. No? Well….then we hope that you are determined to stick it out to the end of the school year.
And that raises an interesting point—when precisely does “the last day of instruction” occur? This is important because schools are required to give a teacher notice of a proposed nonrenewal of contract at least 10 days prior to “the last day of instruction.” That phrase is deceptively simple. Consider: many districts have final exam days at the end of the year. There is no “instruction” taking place, but the teachers and kids are all present and accounted for. Is the “last day of instruction” the last day the students are present? Or is it the last day of actual teaching, before final exams?
This came up in a recent Commissioner’s decision. In Round Rock ISD last school year the students were still in attendance until May 23rd. But at the high schools, May 13th was the last day of actual instruction. From May 13th to the 23rd only exams would be happening. So where do we begin the 10-day count?
The Commissioner gives us a definitive answer:
Accordingly, final exam and testing days are included in days of instruction, and in general, the last day of instruction is the last day the students are in the classroom.
So to calculate the deadline for giving notice to a teacher, check your school’s calendar. When is the last day the kids will be there? Count backwards ten days from there. Get notice to the teacher before that date.
This comes from Kenyon v. Round Rock ISD, decided by Commissioner Morath on October 1, 2019.
DAWG BONE: NOTICE OF PROPOSED NONRENEWAL IS DUE NO LATER THAN THE 10TH DAY BEFORE THE LAST DAY THE STUDENTS ARE PRESENT.
Tomorrow: Toolbox Tuesday!!