A school district proposed the nonrenewal of a teacher’s term contract for failing to provide “bell to bell” instruction and for failure to properly supervise students. The teacher requested a hearing before the board of trustees.

At the hearing, the school district introduced evidence that the teacher was repeatedly directed to discontinue instructional downtime and to provide “bell to bell” instruction. On two occasions, the teacher’s failure to properly supervise students resulted in inappropriate activities by students, such as public displays of affection and taking pills. The teacher was placed on a growth plan due to identified performance problems in Domain 4: Management of Student Discipline, Instructional Strategies, Time and Materials. After hearing the evidence, the board of trustees voted to nonrenew the teacher’s contract.

The teacher appealed the contract nonrenewal to the commissioner of education, arguing that the growth plan was successfully completed and that the reasons for the nonrenewal were not supported by evidence. The commissioner of education upheld the nonrenewal, saying that even though the teacher did complete the tasks set out in the growth plan, subsequent walk throughs demonstrated that the teacher’s behavior had not changed. According to the walk throughs, students were not engaged in learning activities and no instruction was taking place. Therefore, the teacher had not successfully completed the growth plan. The commissioner also found that the teacher’s failure to comply with the district’s policy to provide “bell to bell” instruction and to properly supervise class constituted sufficient grounds to nonrenew the contract.