Planning to retire at the end of the fall semester? Don’t forget to tie up a major loose end.
Date Posted: 12/08/2023
Many educators find it convenient to schedule retirement at the end of the calendar year. Retiring at this time may be a good transition point for another educator to take over for the spring semester and will generally entitle the educator to a year of retirement credit. However, if you work for a school district and hold a Texas Education Code Chapter 21 contract, you will need to obtain a release from your contract to avoid the risk of a contract abandonment complaint to the State Board for Educator Certification (SBEC).
Educators may exit contracts on their own without board permission no later than 45 calendar days before the first school day. Once this deadline passes, educators under Chapter 21 employment contracts should complete their contracts unless they can exit due to “good cause” and/or obtain a release from the school board of trustees. Good cause reasons for breaking a contract are factors beyond an educator’s control that prevent the educator from fulfilling contractual obligations. SBEC notes the following as good cause factors:
If a release is granted, an educator may leave without the risk of any penalty. If an educator breaks a contract without board permission, the school district administration has the right to report the educator to SBEC alleging contract abandonment. SBEC investigators can impose sanctions, including a one-year suspension of certification.
If you are considering retiring during the school year, please seek a release from your contract that coincides with your expected retirement date. The more notice you can provide your school district, the better the odds that you will receive a contract release. Otherwise, you may need to complete the contract term to avoid a contract abandonment complaint.
The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.
Educators may exit contracts on their own without board permission no later than 45 calendar days before the first school day. Once this deadline passes, educators under Chapter 21 employment contracts should complete their contracts unless they can exit due to “good cause” and/or obtain a release from the school board of trustees. Good cause reasons for breaking a contract are factors beyond an educator’s control that prevent the educator from fulfilling contractual obligations. SBEC notes the following as good cause factors:
- Serious illness or health condition of the educator or close family member of the educator;
- Relocation to a new city as a result of change in employer of the educator’s spouse or partner who resides with the educator;
- Significant change in the educator's family needs that requires the educator to relocate or to devote more time than allowed by current employment; or
- The educator's reasonable belief that the educator had written permission from the school district administration to resign. (19 Tex. Admin. Code § 249.17(d))
If a release is granted, an educator may leave without the risk of any penalty. If an educator breaks a contract without board permission, the school district administration has the right to report the educator to SBEC alleging contract abandonment. SBEC investigators can impose sanctions, including a one-year suspension of certification.
If you are considering retiring during the school year, please seek a release from your contract that coincides with your expected retirement date. The more notice you can provide your school district, the better the odds that you will receive a contract release. Otherwise, you may need to complete the contract term to avoid a contract abandonment complaint.
The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.