DFE(LEGAL) - TERMINATION OF EMPLOYMENT: RESIGNATION

Resignation without Consent (Unilateral Resignation)

Resignation with Consent

Sanctions for Abandonment of Contract

  1. Resigns;
  2. Fails without good cause to comply with the resignation deadline or the provision regarding resignation by consent; and
  3. Fails without good cause to perform the contract.
  1. Submits a written complaint within 30 calendar days after the effective date of the educator's separation from employment from the district. Unless the district and the educator have a written agreement to the contrary, the effective date of separation from employment is the first day that, without district permission, the educator fails to appear for work under the contract.
  2. Renders a finding that good cause did not exist under Education Code 21.105(c)(2) (probationary contract), 21.160(c)(2) (continuing 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.
  3. Submits the following required attachments to the written complaint:
    1. The educator's resignation letter, if any;
    2. The agreement with the educator regarding the effective date of separation from employment, if any;
    3. The educator's contract; and
    4. 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 ten calendar days after the next board meeting.

Good Cause

  1. Serious illness or health condition of the educator or close family member of the educator;
  2. 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
  3. Significant change in the educator's family needs that requires the educator to relocate or to devote more time than allowed by current employment.

Mitigating Factors

  1. Educator gave written notice to school district 30 days or more in advance of the first day of instruction for which the educator will not be present;
  2. Educator assisted school district in finding a replacement educator to fill the position;
  3. Educator continued to work until the school district hired a replacement educator;
  4. Educator assisted in training the replacement educator;
  5. Educator showed good faith in communications and negotiations with school district; or
  6. Educator provided lesson plans for classes following educator's resignation.

19 TAC 249.17(d)

Report to SBEC

Investigation

Report by Principal

Kenedy ISD-Karnes County

DFE(LEGAL)-P

UPDATE 113

DATE ISSUED: 6/14/2019