Text of (A) effective until July 1, 2026. See Editor's Notes. (A) The boards of trustees of the several school districts annually before May first shall decide and notify, in writing, a teacher, as defined in Section 59-1-130, whom the district employs concerning his reemployment for the ensuing year. If the superintendent fails to notify a teacher who has been employed by a school district for a majority of the current school year of his status for the ensuing year, the teacher is considered to be reemployed for the ensuing year and the board shall issue a contract to him as though the board had reemployed him in the usual manner. Notice of the superintendent's recommendation not to renew an employment contract must be given in writing before May first. Text of (A) effective July 1, 2026. See Editor's Notes. (A) The boards of trustees of the several school districts annually before May first shall decide and notify, in writing through the superintendent, a teacher, whom the district employs concerning his employment for the ensuing year. If a board of trustees fails to provide notification as provided in this section, the Department of Education shall assess a penalty of ten thousand dollars to be deducted from a district's state allocated funding per occurrence. If the board of trustees fails to notify a teacher who has been employed by a school district for a majority of the current school year of his status for the ensuing year, the teacher is considered to be reemployed for the ensuing year and the board shall issue a contract to him as though the board had reemployed him in the usual manner. The board of trustees must comply with the reporting requirements created by the Department of Education to ensure compliance with this section. (B) The written notification of reemployment must include a projected minimum salary schedule for the district for the coming school year as well as an agreement to provide a final salary schedule as soon as practicable upon completion of annual state and local appropriations processes. The district upon request shall provide a teacher with the factors used to determine their pay category on the salary schedule. The written notification of employment should indicate downward adjustments to the projected minimum salary schedule only in the event of a loss or reduction in the amount of state, local, or federal funding anticipated by the district at the time of adoption of the projected minimum salary schedule. (C) No later than fourteen calendar days before students are scheduled to return to school at the start of the school year, the superintendent, principal, where applicable, or supervisor shall notify the teacher of his tentative assignment for the ensuing school year. Once assigned to a school, the teacher shall not be reassigned to work at another location in the district unless the superintendent can demonstrate the need for reassignment. A teacher must be afforded written notice of at least five school days in advance of the reassignment unless the superintendent demonstrates that advance notice cannot be accomplished because of a critical student need or the teacher requested the reassignment. The local board of trustees must be notified in writing of all teacher reassignments. (D) This section does not apply to a teacher whose contract of employment or dismissal is under appeal under Section 59-25-450. (E) For purposes of this article, "teacher" means an employee possessing a professional certificate issued by the State Department of Education, except an employee working pursuant to a multiyear contract, employed by any school district to teach students in an academic setting. Editor's Note 2025 Act No. 12, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Educator Assistance Act.'" 2025 Act No. 12, SECTION 12, provides as follows: "SECTION 12. This act takes effect July 1, 2025. Section 59-25-410(A) shall have a delayed implementation date of July 1, 2026." Effect of Amendment 2016 Act No. 221, SECTION 1, rewrote the section, extending the deadline to May first, and making other nonsubstantive changes. 2025 Act No. 12, SECTION 4, rewrote the section.
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