As another school year winds down, teachers thinking about changing districts this summer need to be aware of the law regarding deadlines for resignation without consent.
Members with probationary, term, or continuing contracts have the right to resign without a district’s consent if they do so no later than the 45th day before the first day of student instruction. For example, in districts beginning on the fourth Monday in August (Aug. 26), the resignation date would be July 12. But some District of Innovation plans have pushed the first day of student instruction into the first or second week of August. For teachers with contracts in those DOI districts, the resignation deadline moves into early July or late June. Again, the actual date is the 45th day before the first day of student instruction in your district.
Some districts may claim that the deadline starts with the first day of in-service. That may be advantageous to the district, but it’s not the law.
To resign, members could submit a resignation to human resources and keep a copy to show receipt by the district. The law states that an educator can resign by sending a resignation addressed to the district’s post office address by registered or certified mail, preferably with a return receipt. A resignation sent by certified mail is effective if postmarked by the resignation date.
This article is not intended to serve as legal advice. TCTA members with questions may call the TCTA Legal Department at 888-879-8282.
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