RESIGNATION WITHOUT CONSENT (UNILATERAL RESIGNATION)
An educator employed under a probationary or term contract for the following school year may relinquish the position and leave TSBVI employment at the end of the school year without penalty by filing a written resignation with the Board or the Superintendent not later than the 45th day before the first day of instruction of the following school year.
A written resignation mailed by prepaid certified or registered mail to the Board President or the Superintendent at the address of the School is considered filed at the time of mailing.
Education Code 21.105(a), .160(a), .210(a)
An unequivocal resignation filed not later than the 45th day before the first day of instruction of the following school year is effective upon filing with the School and the School cannot reject such a resignation. The resignation cannot be withdrawn by the teacher based on an argument that the School has not accepted the resignation. Once submitted, the resignation of an employee may not be withdrawn without the written consent of the Superintendent. Fantroy v. Dallas Indep. Sch. Dist., Tex. Comm’r of Educ. Decision. No. 034-R9-0206 (Mar. 5, 2009); Garcia v. Miles Indep. Sch. Dist., Tex. Comm’r of Educ. Decision No. 055-R1-503 (Nov. 30, 2006)
RESIGNATION WITH CONSENT
A contractual employee may resign, with the consent of the Board or the Superintendent, at any other mutually agreeable time.
In determining whether to consent to a resignation filed later than the 45th day before the first day of instruction of the following school year, the Superintendent shall consider the impact on the potential disruption to student services and programs and the impact to the School’s budget, if any.
Education Code 21.105(b), .210(b)
SANCTIONS FOR ABANDONMENT OF CONTRACT
On written complaint by the School, the State Board for Educator Certification (SBEC) may impose sanctions against an employee who is employed under a contract for the following school year and who:
- Fails, without good cause, to comply with the resignation deadline or the provision regarding resignation by consent; and
- Fails, without good cause, to perform the contract.
Education Code 21.105(c), 21.210(c)
Acceptance or approval of a resignation indicates consent to abandonment of contract. Quitman Indep. Sch. Dist. v. Wilkerson, Tex. Comm’r of Educ. Decision No. 142-TTC-698 (Dec. 2, 1999); Houston Indep. Sch. Dist. v. Johnson, Tex. Comm’r of Educ. Decision No. 054-TTC-1196 (Sept. 28, 1998)
SBEC shall not pursue sanctions against an educator who is alleged to have abandoned his or her contract unless the Board:
- Submits a written complaint within 30 calendar days after the effective date of the educator’s separation from employment from TSBVI. Unless the School and the educator have a written agreement to the contrary, the effective date of separation from employment is the first day that, without permission, the educator fails to appear for work under the contract.
- Renders a finding that good cause did not exist for the employee’s resignation under Education Code 21.105(c)(2) (probationary contract) or 21.210(c)(2) (term contract). This finding constitutes prima facie evidence of the educator’s lack of good cause but is not a conclusive determination.
- Submits the following required attachments to the written complaint:
- The educator’s resignation letter, if any;
- The agreement with the educator regarding the effective date of separation from employment, if any;
- The educator’s contract; and
- Board meeting minutes indicating a finding of “no good cause.” If the Board does not meet within 30 calendar days of the educator’s separation from employment, the minutes may be submitted within 10 calendar days after the next Board meeting.
19 TAC 249.14(j)
SBEC may consider the following factors when an educator is reported to have abandoned a contract in violation of Education Code 21.105(c) or 21.210(c):
- 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; or
- Significant change in the educator’s family needs that requires the educator to relocate or to devote more time than allowed by current employment.
SBEC may consider the following factors when seeking, proposing, or making a decision regarding an educator who has abandoned a contract in violation of Education Code 21.105(c) or 21.210(c):
- Educator gave written notice 30 days or more in advance of the first day of instruction for which the educator will not be present;
- Educator assisted TSBVI in finding a replacement educator to fill the position;
- Educator continued to work until the School hired a replacement educator;
- Educator assisted in training the replacement educator;
- Educator showed good faith in communications and negotiations with the School; or
- Educator provided lesson plans for classes following educator’s resignation.
19 TAC 249.17(d)
REPORT TO SBEC
In addition to the reporting requirement under Family Code 261.101 and 261.401[see FFG], the Superintendent must file a report with SBEC not later than the seventh day after the Superintendent first obtains or has knowledge of information indicating that an educator resigned and reasonable evidence supported a recommendation by the Superintendent to terminate the educator because he or she committed one of the acts specified at Education Code 21.006.
Before accepting the educator’s resignation, the Superintendent shall inform the educator in writing that report will be filed that may result in sanctions against the employee’s certificate.
The Superintendent shall notify the Board prior to filing a report of a resignation with SBEC.
Education Code 21.006(b), (c), (d); 19 TAC 249.14(d) [See DF, DH, DHB]
The Superintendent shall complete an investigation of an educator that is based on reasonable cause to believe the educator may have abused or otherwise committed an unlawful act, was involved in a romantic relationship with, or solicited or engaged in sexual contact with a student or minor, despite the educator’s resignation from TSBVI employment before completion of the investigation. Education Code 21.006(b-1); 19 TAC 249.14(d)(3)(C)
REPORT BY PRINCIPAL
Each Principal must notify the Superintendent, and may be subject to sanctions for failure to do so, not later than the seventh business day after the date of an educator’s resignation following an alleged incident of misconduct described by Education Code 21.006(b) [see DP]. Education Code 21.006(b-2); 19 TAC 249,14(e)
Amended: 3/7/80, 1/26/90, 3/9/90, 5/26/94, 11/17/95, 1/24/02, 3/24/06, 4/5/13, 5/31/19, 9/28/20