Employee Resignations and Contract Abandonment
45 Days Before the First Day of Instruction
Educators may resign without penalty if the educator submits written resignation not later than the 45th day before the first day of instruction. Tex. Educ. Code §§ 21.105(a), .160(a),
.210(a).
30-44 Days Before the First Day of Instruction
If an educator resigns within the 30-44 day window before the first day of instruction, the school board may choose to report the resignation to SBEC. However, SBEC cannot suspend or revoke a
certificate for an educator who resigns at least 30 days before the first day of instruction. If the resignation is reported to SBEC, it will be reviewed and if SBEC determines that there are no mitigating factors, then the educator will receive a sanction of an inscribed reprimand from SBEC. 19 TAC § 249.17 (d)(3)(A).
After 30 Days Before the First Day of Instruction
An educator who resigns fewer than 30 days before the first day of instruction or at any point during the school year, without district consent, good cause, or mitigating factors, is subject to at
least a one-year suspension. 19 TAC § 249.17(d)(3)(B).
Good Cause
If an employee resigns outside of the penalty-free resignation date and the district reports the resignation, SBEC will consider the facts to determine if there was good cause for resignation.19 TAC §
249.17(d)(1). Good cause includes:
- Serious illness or health condition of educator or close family member;
- Relocation to a new city as a result in change of employer of educator’s spouse or partner;
- Significant change in the educator’s family needs that requires educator to relocate or devote more time than allowed by current employment; or
- Educator’s reasonable belief that the educator had written permission from the school district administration to resign.
Mitigating Factors
Additionally, SBEC will review mitigating factors before determining the appropriate sanction. 19 TAC § 249.17(d)(2). For example:
- Provided written notice 30 days or more before first day of instruction;
- Assisted school district in finding a replacement
- Continued to work until the district hired a replacement
- Assisted training the replacement educator
- Provided lesson plans for classes
Should you have questions about educator resignation, please contact Leon | Alcala, PLLC.
Author: Mackenzie Walters
