Educator Resignations and Requests for Contract Release

Date of submission versus effective date—There are two separate dates that are important but mean very different things when submitting a resignation or request for release:

• The date the resignation or request is actually physically submitted—i.e., the date the educator turns in their resignation letter or request for release. 
• The date the letter says the resignation will be effective—which can be far into the future. For example, a teacher can submit a resignation on the first day of school, stating they are resigning effective the last day of school. In this case, the district can accept the resignation, and it may be held irrevocable (in other words, the district can refuse to allow the teacher to “change their mind and stay”). But the teacher’s right to their job and their benefits remain the same for the rest of the school year because the resignation is not “effective” until the end of the year.

Resignation versus contract release—A contract limits the ability of both the district and the teacher to unilaterally end the employment relationship.

A contract creates two legally enforceable promises:

• That the district will employ the contracting teacher for the contract term, unless the teacher resigns or the district proves it has good cause to terminate the teacher’s contract and employment. To do so, a district must go through a specific process required by the Texas Education Code to end the employment (a termination or nonrenewal).
• That the teacher will work for the district until the end of the school year unless the teacher can prove they have good cause to end their employment or the district agrees to release them from the contract

Certified educators with contracts

An educator with a contract must work for the district unless they go through the process required by law to end their employment. Resignation requirements vary depending upon the timing and reason for the resignation. The most common scenarios are:

Resignations effective during the school year: Because the contract is a legally enforceable promise by the educator to work for the entire school year, an educator cannot resign during the school year without the district’s agreement to accept the resignation and release the educator from their remaining contract obligation. Resigning without this acceptance and release could lead to a complaint that the educator has “abandoned” their contract and result in the certification sanctions described below.

If the district agrees to release the educator from the contract, the educator is free to go. Educators should be sure the person telling them they can resign has the authority to do so. Most districts have authorized the superintendent to accept resignations, and many have authorized the human resources director. However, few, if any, have authorized the district’s principals to accept resignations. What this means: It is not safe to rely on the principal saying that you can resign.

Although a school district cannot force educators to continue to work by refusing to release them from their contracts, the district can file a complaint with the Texas Education Agency (TEA) stating that an educator has abandoned their contract without good cause and request that the State Board for Educator Certification (SBEC) sanction the educator’s certificate. Whether an educator is actually sanctioned will depend on the reason the educator left and what actions the educator took to minimize disruption to the district and students.

Resignations effective at the end of the school year: An educator is always free to resign effective the end of the school year. The reason for the resignation does not matter, and the district cannot refuse to accept the resignation. In fact, as described below, educators should be very careful not to submit a resignation effective the end of the school year until they are sure they want to resign. Once submitted, a resignation will usually be impossible to “take back” or rescind.

Resignations effective before the beginning of the next school year: Educators often receive job offers after accepting a contract for the upcoming school year and may wonder whether they can accept a new offer if they have already signed a contract. 

• The Texas Education Code provides that an educator can freely resign their employment without penalty as long as they submit their resignation at least 45 calendar days before the district's first instructional day. After that date, an educator may be penalized if they leave without being released by their district. 
• A resignation submitted after the 45-calendar-day deadline but at least 30 calendar days before the first instructional day may subject an educator to an inscribed reprimand on their certificate. 
• A resignation submitted within 30 calendar days of the first instructional day may result in SBEC suspending the educator’s certificate for a year. 

The code states that the resignation should be addressed to the board of trustees or the board’s designee (often the superintendent) and should be mailed via certified mail, return receipt requested, so the educator has proof the resignation was submitted and received and when. 

Non-certified staff and charter school employees

The Texas Education Code provides many of the specific legal rules that regulate the “how and when” for resignations, but these rules apply only to contracts between certified educators and regular independent school districts. Because the education code is largely silent on other contracts, it is generally up to the district or charter school to establish when and how the contract employee can resign. So, local policy will largely determine how and when a school district’s noncertified contract staff, such as a business manager or transportation director, or a charter school’s contract staff, including certified teachers, can resign. Generally, a resignation effective during the contract term will require the district’s acceptance and release.    

At-will staff

An at-will employee is someone employed without a contract (or whose contract allows either party to terminate employment at any time and for any reason). An at-will employee is free to resign at any time for any reason. It might seem like at-will staff get “the short end of the stick” with fewer rights and protections than contract staff. But this is one area where not having a contract is actually an advantage. Although two weeks’ advance notice is generally considered professionally appropriate and may be a good idea for future references, it is not required. Similarly, though a written notice of resignation is considered professionally appropriate, an at-will employee can legally simply stop going to work without a word to anyone. Of course, this fact illustrates why it is important for staff, particularly at-will staff, to keep their employers well informed about absences. If not, the district might just assume you quit and replace you. 

Teachers and other educators employed under contracts must usually request a release from their contractual obligations if they wish to resign during the school year. (Note that some contracts, particularly at charter schools and for noncertified administrative staff, may be at-will contracts that allow an employee to resign at any time.) If this is necessary, the educator wishing to resign should submit a "request for release" instead of a simple resignation to avoid the possible sanctions described in the next section.

The district is under no legal obligation to grant a release, though the reason for the request is invariably considered, and the district is practically if not technically required to grant a release if the educator clearly has good cause to leave, such as a serious medical condition that leaves the educator unable to continue working. Even if a release is not granted, the educator can still leave—a district cannot compel an educator to continue showing up every morning—but the district can pursue sanctions for “contract abandonment” as described in the next section.

Often, the superintendent has the authority to grant a release, though rarely, if ever, does a campus principal have this authority, so a principal’s opinion will matter only so far as the superintendent and board wish it to.

Commonly, an educator will be advised they will be released when the district finds a suitable replacement. Unfortunately, the district is under no obligation to actively search for a replacement and can be “picky” about whether an available replacement is "suitable."

If an educator leaves employment without a release at a time when they cannot simply resign, the district cannot force the educator to remain working for the district, but the district board can vote that the educator left without good cause and submit a complaint requesting SBEC to sanction the educator for contract abandonment.

For SBEC to pursue sanctions, the board must submit a written complaint to the Texas Education Agency (TEA) within 30 days of the date the educator quit working. If a timely complaint is filed, TEA staff will investigate to determine independently whether the educator had good cause to leave. If TEA determines good cause existed, the complaint may simply be dismissed. But if TEA determines good cause did not exist, sanctions can be pursued through the normal hearing procedures that apply to SBEC disciplinary due process.

Under SBEC rules, the following situations are considered good cause for contract abandonment:

• A serious illness or health condition of the educator or close family member of the educator, as evidenced by documentation from a licensed medical provider
• Relocation to a new city as a result of change in the employment of the educator's spouse or partner who resides with the educator as supported by documentation
• Significant change in the educator's family needs that requires the educator to relocate or to devote more time than allowed by current employment
• The educator's reasonable belief they had written permission from the school district administration to resign

The rules also include mitigating factors that may be considered in determining whether a potential sanction should be reduced. A reduction of one month in suspension time will be given for each of the first six factors the educator can establish. Included in these factors are whether the educator:

• Gave written notice to the school district 30 days or more in advance of the first day of instruction for which the educator will not be present
• Assisted the school district in finding a replacement educator to fill the position
• Continued to work until the school district hired a replacement educator
• Assisted in training the replacement educator
• Showed good faith in communications and negotiations with the school district
• Provided lesson plans for classes following the educator's resignation
• Changed careers within the field of education to:

1. a position requiring a different class of educator certification as defined in §230.33(b) of this title (relating to Classes of Certificates)
2. a position with a higher level of authority within the principal class of certificate
3. a position in an open-enrollment charter school or a district of innovation that is equivalent to the positions described in clauses (i) and (ii) of this subparagraph

• Had a reduction in base pay, excluding stipends, as compared with the educator's base pay for the prior year at the same school district
• Resigned due to working conditions that reasonably posed an immediate threat of significant physical harm to the educator
• Resigned due to any other relevant circumstances or facts

An educator who abandons their contract without good cause and without mitigating the harm as described will normally have their certification suspended for a year, either from the date of the abandonment or the date of the SBEC ruling, depending on the circumstances. However, a resignation submitted during the summer after the 45-calendar-day deadline but at least 30 calendar days before the first instructional day may subject an educator to an inscribed reprimand on their certificate rather than a suspension.

As has always been the case, SBEC does not consider a promotion or the offer of a better-paying position good cause to abandon a contract. Although an individual school district might—by local policy or practice—allow an educator to resign and not file an SBEC complaint, SBEC is not sympathetic to such situations. Nor does SBEC consider a significant change in employment, such as an unwanted reassignment or demotion, good cause to abandon a contract.

A certified educator under contract can always rescind or “take back” a resignation if the district agrees. Even if the district does not agree, the educator may still be able to do so. The most important questions are:

1. When was the resignation stated to be effective?
2. Has the educator been told that the district has accepted the resignation?

A resignation effective for any date prior to the end of the current school year may usually be rescinded if rescinded before the educator is notified their resignation has been accepted.  To be considered final and irrevocable, an educator’s mid-year resignation must be “accepted,” and the acceptance must also be communicated to the educator.  Most school district board policies delegate authority to the superintendent to accept resignations, but few, if any, delegate that authority to principals. If an educator notifies the superintendent that they are rescinding their resignation before receiving notice of acceptance, the rescission may be successful.

A resignation submitted by a certified educator under contract effective at the end of the school year is automatically accepted, so the educator does not have this ability to rescind the resignation. The district must agree to simply ignore the resignation or to rehire the educator.

A resignation submitted by an at-will employee (with no contract requiring employment for a set term) is also automatically accepted. Again, the district must agree to ignore the resignation or to rehire the employee.