DFE(LEGAL)
Resignation

Resignation and Deadline
An employee under a probationary contract, a term contract, or a continuing contract for the following school year may relinquish the position and leave District employment without penalty by filing a written resignation with the Board or the Board’s designee not later than the 45th day before the first day of instruction of the following school year. A written resignation mailed by prepaid certified or registered mail to the Board President or the Board’s designee at the post office address of the District is considered filed at the time of mailing. A contractual employee may resign with the consent of the Board or the Board’s designee at any other mutually agreeable time.

Sanctions
On written complaint of the District, the State Board for Educator Certification (SBEC) may impose sanctions against an employee who is employed under a contract for the following school year and resigns, fails without good cause to comply with the resignation deadlines, and fails without good cause to perform the contract. Education Code 21.105, 21.160, 21.210

Notice To The Commissioner
The Superintendent shall notify the commissioner of education when a certified employee resigns and reasonable evidence exists that would support a recommendation by the Superintendent to terminate employment because of conduct listed at DF (LEGAL). Before an employee’s resignation is accepted in such a circumstance, the Superintendent shall inform the employee in writing that a report will be made to the commissioner of education that may result in sanctions against the employee’s certificate. The Superintendent shall notify the Board prior to filing a report of a resignation with the commissioner of education. 19 TAC 137.587(b)(c)

Termination of Contract
DFE(LOCAL)
Resignation

General Requirements
All resignations shall be submitted in writing to the Superintendent. The employee shall give reasonable notice and shall include in the letter a statement of the reasons for resigning. A prepaid certified or registered letter of resignation shall be considered submitted upon mailing. The Board delegates to the Superintendent the authority to accept resignations in accordance with the requirements of this policy. Once submitted and accepted, a resignation may not be withdrawn without consent of the Board or its designee.

During School Year
Contract employees may not resign during the school year, after active duty has begun, without the consent of the Board or its designee.

During Summer Months
Acceptance of a resignation after the deadline established by law [see DFE(LEGAL) preceding] is contingent on finding a suitable replacement.

Termination of Contract
DFF(LOCAL)
Reduction in Force

Applicability
The policy shall apply only to reductions in force of contractual employees when the reduction in force requires the termination of:

1. A contract governed by Chapter 21 of the Education Code in the following circumstances: a. A probationary contract during the contract period,
b. A term contract during the contract period, or
c. A term contract at the end of the contract period.
2. A contract not governed by Chapter 21 of the Education code during the contract period.

Note: This policy shall not apply to termination at any time of at-will employment (see DCD); termination of a continuing contract (see DFCA); termination of a probationary contract at the end of the contract period (see DFAA); or termination at the end of the contract period of a contract not governed by Chapter 21 of the Education Code (see DCE).

Definitions
Definitions used in this policy are as follows:
1. "Financial exigency" shall mean any event or occurrence that creates a need for the District to reduce financial expenditures for personnel including, but not limited to, a decline in the District’s financial resources, a decline in enrollment, a cut in funding, a decline in tax revenues, or an unanticipated expense or capital need.
2. "Program change" shall mean any elimination, curtailment, or reorganization of a curriculum offering, program, or school operation. The term shall include, but not be limited to, a change in curriculum objectives, a modification or reorganization of staffing patterns on a particular campus or District wide, a redirection of financial resources to meet the educational needs of the students, a lack of student response to particular course offerings, legislative revisions to programs, or a reorganization or consolidation of two or more individual schools or school districts.
3. "Discharge" shall mean termination of a contract during the contract period.
4. "Nonrenewal" shall mean the termination of a term contract at the end of the contract period.

General Grounds
A reduction in force may take place when the Board determines that financial exigency or a program change requires the discharge or nonrenewal of one or more employees. Such a determination constitutes sufficient cause for discharge or nonrenewal.

Scope Of Reduction
When a reduction in force is to be implemented, the Superintendent may assist the Board by making recommendations to the Board regarding the employment areas to be affected. In determining affected employment areas, the Board may combine or coordinate employment areas, as defined below (e.g., the board may combine "elementary programs" and "compensatory education programs" to identify an employment area of "elementary compensatory education program").

Employment Areas
Employment areas include, but are not limited to:
1. Elementary grades, levels, subjects, departments, or programs.
2. Secondary grades, levels, subjects, departments, or programs.
3. Special programs, such as gifted and talented, bilingual/ESL programs, special education, compensatory education, and migrant education. Each special program is a separate employment area.
4. Counseling programs.
5. Library programs.
6. Nursing and other health services programs.
7. An educational support program, that does not provide direct instruction to students.
8. Other District wide programs.
9. An individual campus.
10. Any administrative position(s), unit, or department.
11. Other contractual position(s).

Criteria For Decision
Using the following criteria, the Superintendent shall recommend to the Board employees for discharge or nonrenewal because of a reduction in force. These criteria are listed in order of importance; the Superintendent shall apply them sequentially to the extent necessary to identify the employees who least satisfy the criteria and therefore are subject to the reduction in force, i.e., if all necessary reductions can be accomplished by applying the certification criterion, it is not necessary to apply the performance criterion, etc.
1. Certification: Appropriate certification and/or endorsement for current or projected assignment.
2. Performance: Effectiveness as reflected by appraisal records and other written evaluative information.

If the Superintendent in his or her discretion decides that the documented performance differences between two or more reduction in force prospects are too insubstantial to rely upon, he or she may proceed to apply criterion 3 and, thereafter and to the extent needed, criterion 4.
3. Seniority: Length of service in the District.
4. Professional Background: Professional education and work experience related to the current or projected assignment.

Consideration For Available Positions
Once the Superintendent has identified the appropriate employees in the affected area(s), those employees shall be considered for other available positions for which they are qualified up to the date of a hearing requested in accordance with the provisions below.

Notice And Hearing
After considering the Superintendent’s recommendation, and if no vacancies exist for which the identified employees are qualified, the Board shall determine the employees to be proposed for discharge or nonrenewal, as appropriate. The Superintendent shall provide each employee written notice of the proposed action, including a statement of the reason(s) requiring such action and notice that the employee is entitled to a hearing.

Nonrenewal
An employee receiving a notice of proposed nonrenewal may request a hearing in accordance with DFBB(LEGAL) and (LOCAL).

Discharge
An employee receiving notice of proposed discharge during the period of a contract governed by Chapter 21 of the Education Code may request a hearing before an independent hearing examiner in accordance with DFD(LEGAL).
An employee receiving notice of proposed discharge during the period of an employment contract not governed by Chapter 21 of the Education Code may request a hearing before the Board or its designee in accordance with DCE(LEGAL).