If a recommendation is made by the school district not to offer an employee a renewal contract for a successive year, written notice of the proposed nonreemployment stating the reasons for the proposed nonreemployment shall be given no later than the following:
- (a) If the employee is a principal, the superintendent, without further board action, shall give notice of nonreemployment on or before March 1; or
- (b) If the employee is a teacher, administrator or other professional educator covered under Sections 37-9-101 through 37-9-113, the superintendent, without further board action, shall give notice of nonreemployment on or before April 15, or within ten (10) calendar days after the date that the Governor approves the appropriation bill(s) comprising the state's education budget for funding K-12, whichever date is later.
An interim conservator appointed pursuant to Section 37-17-6(15)(a) or a school board acting on the recommendation of a school district financial advisor appointed pursuant to Section 37-9-18 shall not be required to comply with the time limitations prescribed in this section for recommending the reemployment of principals, teachers, administrators or other professional educators.
Laws, 1974, ch. 577, § 3; Laws, 1977, ch. 489, § 2; Laws, 1996, ch. 302, § 4; Laws, 1997, ch. 386, § 2; Laws, 2001, ch. 459, § 4; Laws, 2006, ch. 485, § 1; Laws, 2012, ch. 451, § 1, eff. 7/1/2012.
Notes of Decisions
Ford v. Holly Springs Sch. Dist., 665 So. 2d 840 (Miss. 1995).
· cites it 13× “At first glance Miss. Code Ann. § 37-9-105 (b) (1972) appears to have conflicting provisions which support both Ford's contention that he should have been notified by February 22, 1990, and the District's contention that they had until March 1, 1990.”
McMullen v. Starkville Oktibbeha Consol. Sch. Dist., 200 F. Supp. 3d 649 (N.D. Miss. 2016).
· cites it 2× “McMullen did not learn of her termination until May 21; under well-established Mississippi precedent, the failure to give her notice of non-renewal prior to April 15 functioned as “automatic renewal of [her] contract for the ensuing school year.”
Kristi Dearman v. Stone Cnty. Sch. Dist., 832 F.3d 577 (5th Cir. 2016).
“1978); see Miss. Code § 37-9-105 (requiring that an employee receive notice “stating the reasons for the proposed non-reemployment”).”
Byrd v. Greene Cnty. Sch. Dist., 633 So. 2d 1018 (Miss. 1994).
· cites it 2× “§ 37-9-59 and the notice of non-reemployment or non-renewal of his contract for the successive school year prior to April 8 in accordance with Miss. Code Ann. § 37-9-105 . While we affirm the chancellor's award of damages for breach of contract, we note that determination of if,…”
Burks v. Amite Cnty. Sch. Dist., 708 So. 2d 1366 (Miss. 1998).
“" Miss. Code Ann. § 37-9-105 (1977). This written notice must include reasons for non-renewal and a summary of the factual basis for the decision.”
Helen Dodds v. Dean Joe M. Childers, 933 F.2d 271 (5th Cir. 1991).
“Dodds also contends that the equal protection clause of the Fourteenth Amendment mandates that Miss.Code Ann. § 37-9-105, which requires that certified public school teachers must be notified before April 8th that their contracts will not be renewed, be construed to apply to…”
Bd. of Educ. for Holmes Schs. v. Fisher, 874 So. 2d 1019 (Miss. Ct. App. 2004).
· cites it 2× “The purpose of the statute requiring notice for non-renewal of teaching contracts was "to provide public school employees with notice of the reasons for not offering an employee a renewal of his contract" but not to "establish a system of tenure.”
Miss. Code Ann. § 37-9-105(a): 1 case
Miss. Code Ann. § 37-9-105(c): 1 case
Miss. Code Ann. § 37-9-105(e): 1 case
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