Q & A: Withdrawal of teacher resignations

Q:

Can a teacher withdraw his or her resignation once it has been submitted?

A:

A teacher’s ability to withdraw his or her resignation depends on whether it has been officially accepted. Once a resignation has been accepted, the teacher cannot withdraw it. However, if the district does not provide the teacher with written notification of the acceptance, the teacher may be able to withdraw his or her resignation and continue to be employed by the district.

The authority to accept the resignations of contract employees belongs to the board. Most boards delegate this authority to the superintendent or a designee. This provides districts with the ability to act quickly in accepting resignations. The delegation of authority is typically addressed in Policy DFE(Local)—Termination of Employment: Resignation.

Written notice of acceptance can be given by using the Sample Notice of Acceptance of Resignation  in the HR Library (member login required) or by taking the following steps:

• Write “accepted” at the bottom of the employee’s resignation letter.
• Have the person with the authority to accept the resignation sign his or her name and title.
• Date the acceptance notification.
• Provide a copy of the accepted resignation to the employee.

Two cautions regarding acceptance of resignations. First, once a resignation has been formally accepted, the district forfeits any right to file a complaint regarding abandonment of contract with the State Board for Educator Certification (this only applies to resignations that would take effect during the school year). Second, a district cannot reject an unconditional resignation effective at the end of the school year. Teachers have a right to resign up to 45 days before the first day of instruction.