Nolan Kellerman Retains Teaching Position, Gets Tenure

</element><element id="paragraph-1" type="body"><![CDATA[Though the Board of Education voted 4-3 not to rehire PCHS?Social Studies teacher Nolan Kellerman at the March 26 board meeting and took no action following executive session to discuss employment at a special meeting Monday evening, Kellerman will return to work in the fall as a tenured teacher.

Tenure is not granted by the school board, but through state law once a teacher has completed four years of probation with acceptable evaluations.

Superintendent Jon Green said the decision is based on the state statute.Champaign attorney, Brian Braun, analyzed the applicable statute for the district.

Braun also was hired in the fall to conduct contract negotiations on behalf of the District 101. He is a partner with the Miller, Tracy, Braun, Funk and Miller law firm in Champaign, Ill.

A vote to rehire a teacher, which fails, is not sufficient to terminate or discharge the teacher under 105 ILCS 5/24-11. A motion to dismiss or terminate the employee must pass.

Braun would not offer specifics about the issue in Pinckneyville, saying he was hired simply to analyze the statute for the district and was not present at the March 26 meeting. Braun did say that he has performed similar service about 10 times this spring and in each case, including Pinckneyville, the Board of Education had to analyze the statute, determine where there were absolutely in compliance and where there could be a question, determine the risk of a lawsuit, the cost of defending their decision, the likely outcome of a lawsuit and then determine what they should do.

There are different requirements for non-renewal, reduction in workforce and discharging teaching employees under the statute.

Fourth-year employees must be given written notice of termination, including specific reasons for the decision, at least 45 days before the end of the school term.