Q: I recently got stuck with some “other duties as assigned” that I’m not happy with. I’m thinking of leaving my district, but I want to do so on good terms. What’s the best way to resign?

A: The Texas Education Code (TEC) allows an educator to resign from his contract without penalty if done no later than 45 calendar days before the first instructional day of the upcoming school year. After this deadline, the district must agree to let an educator go (“release” him from his contract). If an educator chooses to leave his position without an official release from his school district, the educator has abandoned his contract and can face legal consequences.

A school district cannot suspend, revoke or otherwise hold an educator’s certificate for abandonment, but it can report the educator to the State Board for Educator Certification (SBEC). Abandoning a contract might also lead a school district to provide negative references to a potential employer or even (in rare instances) pursue a lawsuit against an educator for breach of contract.

What happens to an educator who abandons his contract?

SBEC, along with the Texas Education Agency (TEA), is charged with maintaining educator certification. TEA staff members review contract abandonment reports to determine whether the leaving educator left for a good cause. “Good cause” is not specifically defined by law, but in the past it has been limited to very few situations, such as a spouse’s unexpected job transfer to a distant part of the state. Another good-cause situation could be that an educator is too ill to fulfill his contractual obligations. Finding a better-paying job or leaving because of a promotion are not “good cause” to abandon a contract. SBEC has sanctioned educators in the past for leaving their school districts for such reasons, and while some educators have received releases from their districts, there is no law mandating such releases in these situations.

If SBEC believes that an educator abandoned his contract without good cause, the board can file a complaint, which might result in an inscribed reprimand on an educator’s virtual certificate, a certificate suspension for a period of time (usually a year) or even a permanent revocation of a certificate. Any of these sanctions can keep an educator from obtaining or maintaining employment in Texas public schools.

What can an educator do to avoid contract abandonment?

An educator who wishes to leave his contract after the penalty-free resignation deadline should seek permission to do so from his superintendent or school board. Per the TEC, only the school board—or the board’s designee, which is usually the superintendent—can grant a contract release. A principal does not have this authority, though his recommendation to the superintendent and board is often important. The educator should provide the reasons why he needs the release, and he should offer assistance with finding his replacement or ease the transition by providing lesson plans. To avoid a possible sanction, the educator should continue to fulfill his contractual obligations until the district grants a release. This process could take some time: A district will usually only release an educator from his contract once a suitable replacement is found.

What about educators in charter schools?

Educators in charter schools are not required to have contracts, but if an educator in a charter school holds a contract and abandons it, the educator could also face legal trouble. Although the educator might not face being reported to SBEC, he could still face a breach-of-contract lawsuit.

What about noncertified contract or “at-will” employees?

District staff members who hold noncertified positions often have contracts—for instance, those who work in central administration positions such as human resources director or business manager. An individual breaking such a contract does not face the risk of a report to SBEC, but he could face a breach-of-contract lawsuit and, of course, negative references.

District staff members who are not employed under a contract and are considered “at-will” employees can leave their employment at any time and for any reason. The employee is not required by law to give notice, although giving notice is a customary and professional gesture.

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