Resignation deadline

The Texas Education Code states that a teacher can resign from a school district under the following situations:

1. By tendering a written resignation to the board of trustees no later than the 45th day before the first day of instruction of the following school year; or
2. By the consent of the board of trustees.

This means that, once the deadline has passed, the board of trustees must consent to the resignation. TCTA recommends that a teacher resign prior to the 45th day prior to instruction whenever possible. A written resignation mailed by prepaid certified or registered mail to the president of the board of trustees or the board's designee at the post office address of the district is considered filed at the time of mailing.

If the deadline is not met, the district must consent to the resignation. Many school districts will release a teacher from a contract after the deadline if the request is reasonable and a suitable replacement is available. However, if the district chooses not to release a teacher from the contract and the teacher resigns anyway, the district may file a complaint with the State Board for Educator Certification and seek sanctions for contract abandonment.

TCTA members who have questions about the deadline to resign should contact the Legal Department at 888-879-8282.

See contracts