Teacher Resignations

As of August 11, 2023, the prior teacher resignation law that could impact teachers' licensure for resigning during the term received updates to gain some additional teeth as Districts face staffing shortages. While we see most resignations where this process comes into play at the beginning of the school year, it applies throughout the school year.

All teachers–both tenured and non-tenured–have an obligation to submit any resignations to the secretary of the board a minimum of thirty (30) calendar days prior to the first student attendance day of the upcoming term. If a teacher resigns during the school term to accept another full-time teaching assignment, the school board has a choice to make–it can either accept the resignation or it can choose not to accept the resignation. If it accepts the resignation, it cannot refer the teacher for license-suspension proceedings. If it takes action to refuse the resignation, the board should be aware that the teacher may return to employment with the board's schools, which may be an important consideration for the board's decision.

If the board does not accept the resignation, it can refer the teacher to the State Superintendent for consideration of license suspension. To do so, the board must submit to the State Superintendent within ten (10) business days after refusing the resignation the below items. The board has five (5) business days to notify the teacher of the referral to the State Superintendent. The board of education must submit five evidentiary items to the State Superintendent with the referral:

1. a dated copy of the teacher's resignation letter;
2. a copy of the reporting district's current school year calendar;
3. proof of employment for the school year at issue;
4. documentation showing that the district's board did not accept the teacher's resignation;
5. evidence that the teacher left the district in order to accept another teaching assignment.

After submission, the State Superintendent must convene a hearing within 90 days and will then have 14 days to issue a determination.