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Teacher Resignation
Several problems point toward the need for some guidance in handling resignations by teachers. The following procedures are recommended as best for all parties involved. There are basically two types of resignations: A. Resignation that is to take effect within the contract period, which is actually a request by the teacher to be released from an existing contract (see below). B. Voluntary resignation that is to take effect at the end of the school year and that may be structured with continued health insurance coverage until the anniversary date of the policy (see Page 2 of this section). Agreements to RIF or cause nonrenewals are not properly considered resignations, but are alternative ways to terminate the employment contract. A. Request for Release During Contract Period (Teacher wishes to leave during contract period) The suggested format for this type of request is: This letter is to inform you that I hereby submit my request for release from contract as a teacher in the School District effective (exact date when teacher wishes to leave). The reason(s) for this request is (are) . I acknowledge that until the school board approves this request, there remains a contractual obligation between the board and me. I understand further that if this request is approved, the district no longer has any obligation to provide me any salary or fringe benefits after the effective date. Respectfully submitted,
Teacher’s Signature It may be appropriate in some cases to have a special meeting to address the request. The teacher will have an answer and the administration can start looking for a replacement. A voluntary request clearly can be withdrawn prior to the time it is acted upon and approved by the board. In Section 06-27, we suggest that the board has three options when acting upon the request: 1. 2. Grant a full and unconditional release. Refuse to grant a release and expect the person to meet the obligations of the contract.
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3. Refuse to grant the release but begin to try to create the conditions whereby a release could be granted.
Section 06-27 contains additional information pertinent to this topic. If the board elects to release the teacher, a simple motion is in order: I move that the request for release from contract of on (date specified) . (teacher’s name) be granted effective
A second and a favorable vote will constitute a decision that should be provided to the teacher in writing. If the negotiated agreement or individual contract contains a “liquidated damages” provision, payment of the specified amount should be included in that letter as a condition precedent to the release being granted. If, on the other hand, the board does not wish to grant the request, either a simple motion to that effect or no motion at all will accomplish this. The motion would simply say: I move that the request for release from contract of (teacher’s name) not be granted.
Again, a second and a favorable vote will complete that decision, which should also be conveyed to the teacher in writing. Should the board refuse to grant the request and if the teacher fails to carry out contractual duties, one of the options available to the board is to file a complaint with the Education Standards and Practices Board (ESPB) pursuant to Section 15.1-13-25, NDCC. If it appears there is reason for not granting the request, districts should contact NDSBA prior to the board meeting to discuss the situation. Often, there is some benefit to this kind of dialogue prior to making an important decision such as this. Section 06-27 contains a discussion of the third option listed above. B. Resignation at Year’s End with Health Insurance The suggested format for this type of resignation is: I hereby submit my voluntary resignation as a teacher in the School District, effective following the last day of scheduled work in the 20 -20 school year and completion of my duties under that contract, subject only to the condition that I will be allowed to continue in the existing group health insurance coverage(s) until (month and day) , 20 . [A date at least 18 months after termination of employment.] The School District will continue to pay that portion of the premium currently paid by the district until the anniversary date of said policy on (month and day) , 20 , following which I will be solely responsible for all premium payments unless I am reemployed by the School District.
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I acknowledge that this resignation constitutes a waiver of my hearing rights, is subject to approval by the school board of this district, and that salary and all other fringe benefits provided to me will be terminated as of the effective date of this resignation. Dated this day of , 20 .
(Teacher’s Signature)
This procedure is handled by the board with a motion such as: I move that the voluntary resignation of (teacher’s name) be accepted effective on (specified date) , subject to completion of the teacher’s duties and the provision for health insurance as specified in the letter of resignation filed with these minutes. A second and a favorable vote make it official, following which a written notice of the decision should be provided to the teacher.