12 | HR Connection
Educator Contract Abandonment and Resignations
Leandra Costilla Ortiz, Attorney, Shareholder
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or the past two years COVID has remained at the forefront of issues for school districts. This school year, school districts have been faced with another issue, the retention of contract employees. As more and more contract employees and educators submit their resignations during the middle of the contract school year, this has led districts to consider pursuing sanctions against employees for contract abandonment. WHAT IS CONTRACT ABANDONMENT? Contract abandonment is when an educator resigns in the middle of the contract school year and has not been released by the district and the educator fails to report to work. This action by an educator is improper and can result in disciplinary action by the school board. RECEIVING THE RESIGNATION Timing is key. The first step to take
upon receipt of a resignation from a contract employee is to identify whether the resignation is effective during the school year or effective at the end of the school year. Probationary, term or continuing contract employees can resign and leave district employment at the end of the school year without penalty by filing a written resignation with the board or a board’s designee not later than the 45th day before the first day of instruction of the following school year. For any other time, an educator may resign with the consent of the board or the board’s designee. It is important to ask additional questions to make sure the resignation is complete. Who received the resignation? Remember, resignations must be in writing and filed with the board or board’s designee. It is a good idea for a board to review internally who in the district they need to designate and take such action
designating specific individuals who are more likely to receive the resignations e.g. principals or human resources administrators. How was the resignation received? A written resignation mailed by prepaid certified or registered mail to a board president or a board’s designee at the district’s address is considered filed at the time of mailing. It is important to note that educators today may e-mail or text their resignations to their immediate supervisor who may then forward the e-mail or text thread to the superintendent or human resources administrators. This may be considered unacceptable since an immediate supervisor may not be a board designee. Any lapse in time could allow an opportunity for the educator to revoke their resignation before it is accepted. It is of utmost importance that a resignation be provided to the board designee as soon as possible to allow that
