Tex. Educ. Code Section 21.160
Resignation Under Continuing Contract


(a)

A teacher employed under a continuing contract may relinquish the position and leave the employment of the district at the end of a school year without penalty by filing with the board of trustees or its designee a written resignation 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 president of the board of trustees or the board’s designee at the post office address of the district is considered filed at time of mailing.

(b)

A teacher employed under a continuing contract may resign, with the consent of the board of trustees or the board’s designee, at any other time.

(c)

Subject to Subsections (e) and (f), on written complaint by the employing district, the State Board for Educator Certification may impose sanctions against a teacher who is employed under a continuing contract that obligates the district to employ the person for the following school year and who:

(1)

resigns;

(2)

fails without good cause to comply with Subsection (a) or (b); and

(3)

fails to perform the contract.

(d)

If a school district submits a complaint regarding a teacher to the State Board for Educator Certification under Subsection (c), the district shall promptly notify the teacher of the complaint. The notice must include:

(1)

the basis of the complaint;

(2)

information regarding how the teacher may contact the State Board for Educator Certification; and

(3)

a reminder that the teacher should verify that the teacher’s mailing address on file with the State Board for Educator Certification is current.

(e)

Before imposing sanctions against a teacher under Subsection (c), the State Board for Educator Certification:

(1)

must consider any mitigating factors relevant to the teacher’s conduct; and

(2)

may consider alternatives to sanctions, including additional continuing education or training.

(f)

If a teacher fails to timely file a written resignation as required by Subsection (a) but files a written resignation in the manner provided by that subsection not later than the 30th day before the first day of instruction of the following school year, the State Board for Educator Certification may not suspend or revoke the teacher’s certificate under Subsection (c).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1030 (H.B. 2519), Sec. 4, eff. September 1, 2021.

Source: Section 21.160 — Resignation Under Continuing Contract, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­21.­htm#21.­160 (accessed Jun. 5, 2024).

21.001
Definitions
21.002
Teacher Employment Contracts
21.003
Certification Required
21.004
Teacher Recruitment Program
21.006
Requirement to Report Misconduct
21.007
Notice on Certification Record of Alleged Misconduct
21.009
Pre-employment Affidavit
21.0031
Failure to Obtain Certification
21.031
Purpose
21.032
Definition
21.033
State Board for Educator Certification
21.034
Terms
21.035
Delegation Authority
21.036
Officers
21.037
Compensation
21.038
Meetings
21.040
General Powers and Duties of Board
21.041
Rules
21.042
Approval of Rules
21.043
Access to Peims Data
21.044
Educator Preparation
21.045
Accountability System for Educator Preparation Programs
21.046
Qualifications for Certification as Superintendent or Principal
21.047
Centers for Professional Development of Teachers
21.048
Certification Examinations
21.049
Alternative Certification
21.050
Academic Degree Required for Teaching Certificate
21.051
Rules Regarding Field-based Experience and Options for Field Experience and Internships
21.052
Certification of Educators from Outside the State
21.053
Presentation and Recording of Certificates
21.054
Continuing Education
21.055
School District Teaching Permit
21.056
Additional Certification
21.057
Parental Notification
21.058
Revocation of Certificate and Termination of Employment Based on Conviction of or Placement on Deferred Adjudication Community Supervision for Certain Offenses
21.059
Extension of Certain Deadlines for Active Duty Military Personnel
21.060
Eligibility of Persons Convicted of Certain Offenses
21.0061
Notice to Parent or Guardian About Educator Misconduct
21.061
Review and Updating of Educator Preparation Programs
21.0062
Requirement to Report Misconduct: Private Schools
21.062
Issuance of Subpoenas
21.063
Teacher Designations on Certificate
21.064
Legacy Master Teacher Certifications
21.065
Notice to Teacher Regarding Suspension of Certificate or Permit
21.101
Definition
21.102
Probationary Contract
21.103
Probationary Contract: Termination
21.104
Discharge During Year or Suspension Without Pay Under Probationary Contract
21.105
Resignations Under Probationary Contract
21.106
Return to Probationary Status
21.151
Definition
21.152
Continuing Contract
21.153
Conversion of Probationary Contract to Continuing Contract
21.154
Status Under Continuing Contract
21.155
Administrative Personnel Under Continuing Contract
21.156
Discharge or Suspension Without Pay Under Continuing Contract
21.157
Necessary Reduction of Personnel
21.158
Notice Under Continuing Contract
21.159
Hearing Under Continuing Contract
21.160
Resignation Under Continuing Contract
21.201
Definitions
21.202
Probationary Contract Required
21.203
Employment Policies
21.204
Term Contract
21.205
Term of Contract
21.206
Notice of Contract Renewal or Nonrenewal
21.207
Hearing Under Term Contract
21.208
Decision of Board
21.209
Appeal
21.210
Resignation Under Term Contract
21.211
Termination or Suspension
21.212
Applicability of Subchapter to Superintendents
21.213
Nonapplicability of Subchapter
21.251
Applicability
21.252
Certification of Hearing Examiners
21.253
Request for Hearing
21.254
Assignment of Hearing Examiner
21.255
Hearings Before Hearing Examiner
21.256
Conduct of Hearing
21.257
Recommendation of Hearing Examiner
21.258
Consideration of Recommendation by Board of Trustees or Board Subcommittee
21.259
Decision of Board of Trustees or Board Subcommittee
21.260
Recording of Board Meeting and Announcement
21.301
Appeal to Commissioner
21.302
Evidentiary Hearing Before Commissioner
21.303
Determination by Commissioner
21.304
Decision of Commissioner
21.305
Costs on Appeal to Commissioner
21.306
Ex Parte Communications Prohibited
21.307
Judicial Appeals
21.351
Recommended Appraisal Process and Performance Criteria
21.352
Local Role
21.353
Appraisal on Basis of Classroom Teaching Performance
21.354
Appraisal of Certain Administrators
21.355
Confidentiality
21.356
Evaluation of School Counselors
21.357
Performance Incentives
21.401
Minimum Service Required
21.402
Minimum Salary Schedule for Certain Professional Staff
21.403
Placement on Minimum Salary Schedule
21.404
Planning and Preparation Time
21.405
Duty-free Lunch
21.406
Denial of Compensation Based on Absence for Religious Observance Prohibited
21.407
Requiring or Coercing Teachers to Join Groups, Clubs, Committees, or Organizations: Political Affairs
21.408
Right to Join or Not to Join Professional Association
21.409
Leave of Absence for Temporary Disability
21.414
Classroom Supply Reimbursement Program
21.415
Employment Contracts
21.0441
Admission Requirements for Educator Preparation Programs
21.0442
Educator Preparation Program for Probationary and Standard Trade and Industrial Workforce Training Certificates
21.0443
Educator Preparation Program Approval and Renewal
21.0444
Temporary Certification for Certain Military Service Members and First Responders
21.0451
Sanctions Under Accountability System for Educator Preparation Programs
21.451
Staff Development Requirements
21.0452
Consumer Information Regarding Educator Preparation Programs
21.452
Developmental Leaves of Absence
21.0453
Information for Candidates for Teacher Certification
21.453
Staff Development Account
21.0454
Risk Factors for Educator Preparation Programs
21.0455
Complaints Regarding Educator Preparation Programs
21.456
Science Training
21.457
Training for Teachers of Emergent Bilingual Students
21.458
Mentors
21.459
Bible Course Training
21.0462
Qualifications for Certification as School Counselor
21.462
Resources Regarding Students with Mental Health or Substance Abuse Conditions
21.464
Prekindergarten Teacher Training Course
21.465
Autism Training
21.0485
Certification to Teach Students with Visual Impairments
21.0486
Technology Applications Certification
21.0487
Junior Reserve Officer Training Corps Teacher Certification
21.0488
Trades and Industries Education Certification for Military Personnel
21.0489
Early Childhood Certification
21.0491
Probationary and Standard Trade and Industrial Workforce Training Certificates
21.501
Definition
21.502
Establishment of Program
21.503
Eligibility
21.504
Information and Applications
21.505
Selection of Participants
21.506
Limitation on Implementation
21.507
Preferences
21.508
Agreement
21.509
Stipend
21.510
Reimbursement
21.511
Rules
21.0525
Certification of Certain Military Instructors
21.0541
Continuing Education Credit for Instruction Related to Use of Automated External Defibrillator
21.0543
Continuing Education Credit for Instruction Related to Digital Technology
21.551
Purposes
21.552
Program Established
21.553
Financial Incentives
21.0581
Revocation for Assisting Person Who Engaged in Sexual Misconduct Obtain Employment
21.0585
Notice to Agency Regarding Revocation of Certificate or Permit for Certain Misconduct
21.601
Definitions
21.602
Establishment of Program
21.603
Eligibility
21.604
Information and Applications
21.605
Selection of Participants
21.606
Preferences
21.607
Agreement
21.608
Stipend
21.609
Reimbursement
21.610
Grants to Facilitate Placement
21.611
Rules
21.701
Definition
21.702
Educator Excellence Innovation Program
21.703
Amount of Grant Award
21.704
Local Educator Excellence Innovation Plans
21.706
Innovation Plan Payments
21.707
Rules
21.801
Establishment of Program
21.802
Program Components
21.803
Program Eligibility
21.804
Selection of Participants
21.805
Rules
21.806
Authority to Accept Certain Funds
21.1041
Hearing Under Probationary Contract
21.3041
Rehearing by Commissioner
21.3521
Local Optional Teacher Designation System
21.3541
Appraisal and Professional Development System for Principals
21.4021
Furloughs
21.4022
Required Process for Development of Furlough Program or Other Salary Reduction Proposal
21.4031
Professional Staff Service Records
21.4032
Reductions in Salaries of Classroom Teachers and Administrators
21.4045
Planning and Noninstructional Duties of Teachers
21.4511
Professional Development Activities for Teachers and Administrators
21.4513
Professional Development Requirements Audit
21.4514
Continuing Education and Training Clearinghouse
21.4515
Annual Adoption of Professional Development Policy
21.4552
Teacher Literacy Achievement Academies
21.4553
Teacher Mathematics Achievement Academies
21.4555
Civics Training Program
21.4556
Civics Training Program Advisory Board
21.4571
Texas English Language Proficiency Assessment System Training
21.04891
Bilingual Special Education Certification
21.7011
Purposes
21.7061
Implementation Flexibility

Accessed:
Jun. 5, 2024

§ 21.160’s source at texas​.gov