WFDL news has learned that for the first time since the passage of Act 10 the Fond du lac school district is issuing non renewal notices for two teachers based on performance. Fond du Lac school board members were apprised of the situation in closed session this week that the district was not renewing the contract for two teachers based on performance evaluations by their building principals. Superintendent Dr. Jim Sebert is not naming the teachers or saying where they taught school. "Its a couple of situations where we're asking the board, statutorily we need to do this before the teacher contracts are issued May 15th," Sebert told WFDL news. "...to look at a couple of individuals we would not like to renew for the following school year." Sebert says he can't talk about the reasons for non-renewal because they are school employees. Districts, including Fond du lac, have issued non renewal notices in the past for budgetary reasons…but at least in Fond du lac's case this is a first based on performance in the classroom. "You will see it and have probably seen it in some surrounding districts where a lot of non-renewal notices are issued as ways of lay-off absent collective bargaining language," Sebert said. The district will give the affected teachers notice and the teachers will have five days to appeal to the school board. If the teachers resign they would not have the non-renewal notice on their teaching record.