School districts should keep in mind the requirements for accepting Chapter 21 resignations. In cases requiring board consent to the resignation, districts should take care to effectively accept and return the accepted resignation to the employee, rather than just acknowledging receipt.

Resignation without Board Consent

The Texas Education Code allows Chapter 21 educators to resign from their position by submitting a written resignation no later than the 45th day before the first day of instruction for the following school year. A written resignation mailed by prepaid certified or registered mail to the present of the board of trustees or the board’s designee at the post office address of the district is considered filing at the time of mailing. The timely filing of a resignation in this manner results in the ending of the employment relationship at the end of the school year, and does not require acceptance by the board or board’s designee.

Resignation Requiring Board Consent

For a Chapter 21 educator to effectively resign at any other time during the year, the employee must receive consent from the board or the board’s designee. Delegation of the board’s authority can only be made by action of the board. As a result, the Commissioner has repeatedly held the resignation of a contract during the school year requires an offer of resignation by the teacher and an acceptance by the school board or designee. Wilson v. Splendora Indep. Sch. Dist., Docket No. 074-R8-0808 (Comm’r Educ. 2014); Lehr v. Ector County Indep. Sch. Dist., Docket No. 003-R3-0908 (Comm’r Educ. 2011); Suty v. Aldine Indep. Sch. Dist., Docket No. 115-R8-197 (Comm’r Educ. 1997).

A teacher’s resignation during the school year is an offer made to the school board. Therefore, the school board must consent to the resignation in order to constitute an acceptance of the offer. Either the board must consent to the resignation through board action, or the board’s designee must accept the resignation (rather than simply acknowledging receipt). The Texas Education Code gives the Board authority to accept resignations and designate the authority to accept resignations. The Commissioner opined such a designation must be made to a specified individual and cannot be sub-delegated. Harris v. Fort Bend Indep. Sch. Dist., Docket No. 028-R8-1011 (Comm’r Educ. 2014).

To prevent an employee from withdrawing a resignation, the board’s designee (or the board) should immediately sign, date, and return the accepted resignation. In the event an employee offers his or her resignation, the board’s designee should ideally: accept and hand the resignation back to the employee (in the event of hand-delivery); or mail the accepted resignation back to the employee the same as the written resignation is received. Since Chapter 21 resignations are governed by what is known as the “mailbox rule,” the acceptance of resignation is deemed effective at the time the acceptance is postmarked. Mailing the acceptance on the same day as receipt closes the window for employees to withdraw their resignation.

If you have questions regarding employee resignations or other employment questions generally, please do not hesitate to contact your district’s counsel.

 

Prepared by the offices of Richard Abernathy, this article should not be construed as legal advice related to any specific facts or circumstances. Although this article covers legal subjects, it is intended to educate readers and not to provide advice that will be the basis for action or inaction in any specific circumstance. Viewing these materials does not create an attorney-client relationship between Abernathy, Roeder, Boyd & Hullett, P.C. and the reader or the reader’s institution. For circumstance-specific legal advice, please directly contact a licensed attorney.