Educator Contract Abandonment & Resignations

Educator Contract Abandonment and Resignations

Leandra Costilla Ortiz, Attorney, Shareholder

For 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. 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

individual to indicate receipt of the resignation.

Was the resignation accepted?

Remember, an unequivocal resignation filed not later than the 45th day before the first day of instruction of the following school year is effective upon filing with a district and the district cannot reject such a resignation. If an educator decides to submit a request for revocation of their resignation, you have to determine whether the initial resignation was effective during the school year or at the end of the school year and whether it was properly submitted. Although a notice to the educator indicating receipt and acceptance is not a legal requirement, it is good practice to send a response indicating receipt and acceptance, if applicable.

SANCTIONS FOR CONTRACT ABANDONMENT

If an educator submits a written resignation to the board or the board’s designee during the middle of the school year, a district can retain the educator and inform them of their non-release from their current employment contract and require that they continue reporting to work. If the educator fails to do so the board may render a finding that good cause did not exist for the educator to abandon their contract. If no good cause is found, then the board may submit a written complaint with SBEC within 30 calendar days after the effective date of the educator’s separation from employment. This is generally, the first day that, without district permission, the educator fails to appear for work under the contract. A complaint for contract abandonment should include the 1) resignation letter, 2) any records indicating date of separation of employment, 3) the educator’s contract; and 4) the board meeting agenda and minutes indicating the board’s finding of no good cause.

Resignations can be tricky. Receiving a resignation from an educator is not always a reason for sanctions or cause for concern, but it’s best to make sure that the resignation is proper and properly responded to in order to avoid any future issues.