HR Badge #04: Employee Classification and Contracts-HR Badge #4

Video Transcription

Video Summary

Attorney John Dalley explains how school employees are classified and what contract rights attach to each group. Employees are broadly either <strong>certificated</strong> (must hold a certificate—teachers, principals, counselors, psychologists, superintendents, etc.) or <strong>classified</strong> (non‑certificated). Employees may also be <strong>represented</strong> (covered by a collective bargaining agreement) or <strong>unrepresented</strong>.

For <strong>certificated employees</strong>, <strong>written contracts are required</strong>, generally limited to <strong>one year</strong>, and must be <strong>approved by the school board</strong> to be effective. Most certificated staff have <strong>continuing contract rights</strong>—they are entitled to a substantially similar contract the next year unless they receive timely <strong>non‑renewal</strong> notice. A key exception is <strong>superintendents</strong>, whose renewal is solely up to the board; superintendent contracts can be <strong>up to three years</strong> and often include rollover/extension clauses that boards must monitor. Certain <strong>principals</strong> may also receive <strong>2–3 year contracts</strong> if they meet statutory criteria (experience, evaluation rating, superintendent recommendation, record check), though districts should consider legal implications for future “continuing” expectations. Administrator contracts typically run <strong>July 1–June 30</strong> and cannot be retroactive.

The presentation distinguishes <strong>discharge</strong> (ending a contract early) from <strong>non‑renewal</strong> (ending employment when the contract expires). Discharge requires the superintendent’s notice of probable cause and allows a hearing; the district must show <strong>sufficient cause</strong>, and pay/benefits generally continue pending outcome. <strong>Non‑renewal</strong> deadlines center on <strong>May 15</strong>: provisional staff get simpler, largely final in‑district review; non‑provisional staff may request a hearing and the district must prove sufficient cause. Administrators may be transferred to lower‑paid certificated roles with May 15 notice, with special protections for certain principals.

For <strong>classified employees</strong>, there are <strong>no continuing contract rights</strong>. The <strong>school board hires and fires</strong> classified staff. Many classified employees lack individual contracts and are governed by policy or CBAs; unrepresented classified contracts are limited to <strong>one year</strong> and districts may simply not reissue them at term end (distinct from discharge).

Keywords

certificated employees

classified employees

collective bargaining agreement (CBA)

school board contract approval

continuing contract rights

non-renewal notice May 15 deadline

discharge for sufficient cause

superintendent three-year contract rollover

principal multi-year contract statutory criteria

administrator July 1–June 30 contract term

unrepresented classified one-year contracts