Assistant Principal Contract Renewal

Policy and Guidelines

Last updated 26 August 2022

Introduction

Employment as an assistant principal is subject to Division 3 of Part 2.4 of the Education and Training Reform Act 2006. Assistant principals are employed in the principal class and are required to enter a contract of employment. The contract of employment is for a fixed period of up to 5 years. At the expiration of the contract of employment there is provision for renewal of a contract of employment for a further period subject to agreement between the assistant principal and the principal.

Where an assistant principal position is abolished the termination provisions of the assistant principal’s contract, including the provision of 12 weeks’ notice, must be followed and these guidelines have no further application.

This guide sets out the procedures for contract renewal for assistant principals.

Separate procedures for Principal Contract Renewal Guidelines are available on the Schools Policy and Advisory Library.

Contract renewal — assistant principals

Principals are responsible for the contract renewal process for assistant principals. An assistant principal’s contract can be renewed at or below their substantive remuneration range (that is, the remuneration range determined on appointment to the position) but not at a higher remuneration range.

The principal’s course of action may be influenced by a number of factors including changes:

• in the workforce plan
• in the structure of the school’s staffing profile
• to the school strategic plan
• in the work value of the position

Any concerns about the performance of an assistant principal would normally be known and should have been addressed by the principal well in advance of contract renewal considerations.

In determining whether an assistant principal's contract is to be renewed the following process will apply:

• not less than 6 months prior to the expiration of the assistant principal's existing contract of employment (unless otherwise agreed), the principal will meet face-to-face with the assistant principal to confer with the view to reaching agreement as to whether the assistant principal shall be re-appointed for a further period

The outcome of this meeting will be:

• the contract of employment will be renewed for a specified period of time of up to 5 years, or
• the principal advises that issues of concern exist which may affect contract renewal and that the assistant principal has the opportunity to respond to these issues. In this case the advice provided by the principal to the assistant principal shall be in writing and will outline the issues which are of concern. The assistant principal will have an agreed period to respond in writing to the issues raised by the principal. The principal will, in deciding whether to renew a contract, consider the issues raised and any response of the assistant principal to these issues, or
• the principal and the assistant principal cannot agree on renewal and the position will be advertised

In determining whether an assistant principal's contract is to be renewed the following process will apply:

• in accordance with the contract of employment the principal and the assistant principal will, no later than 4 months (or such other time as agreed) prior to the expiration of the contract, inform each other of their decision

Where there is no substantive principal or a principal is not in charge of the school, the Regional Director will make appropriate arrangements for the contract renewal process for the assistant principal.

Classification on expiration or termination of contract

Where an assistant principal’s contract of employment expires or is terminated and the employee does not enter into a further contract of employment, the employee will be appointed:

• if the substantive salary of the principal class employee is above salary range 2, the person will be appointed as an assistant principal and paid within salary range 2, for a period of three years; or
• if the substantive salary of the principal class employee is at salary range 1 or range 2, the person will be appointed as a leading teacher for a period of three years.

Where an assistant principal’s contract of employment is not renewed, that employee must be accommodated within the Student Resource Package of the employee’s substantive school.

Administrative procedures and pro formas are available on the Resources tab.

Grievances

An assistant principal who is dissatisfied with a renewal decision may seek a review of the renewal decision through the Merit Protection Boards in accordance with the appropriate Ministerial Orders. The only grounds for review of a non-renewal decision are that the renewal process was procedurally deficient or that the decision is demonstrably inconsistent with the evidence presented. The Merit Protection Board will either:

• disallow the grievance and confirm the renewal decision, or
• uphold the grievance and direct that the procedural deficiency in the renewal process be corrected, or
• uphold the grievance and direct that the decision be reconsidered