Code No. 407.2
Resignations shall be submitted in writing, signed and dated by the resigning party, and directed to the secretary of the Board of Directors.
Time for Submitting Resignations.
Administrators. Administrators shall submit their written resignations to the secretary of the Board on or before May 1, or on or before the date specified by the Board for return of the contract, whichever date occurs first.
Licensed Employees Other than Administrators. Licensed employees other than administrators shall submit their written resignations to the secretary of the Board on or before the last day of the school year or on or before the date specified by the Board for return of the contract, whichever date occurs first.
Mid-Contract Term Resignations by Licensed Employees.
The Board expects that all contracts will be performed as stated. Requests for release from a contract by a licensed employee is at the sole discretion of the Board whether (a) during the contract term or (b) before the contract term starts for the following year but after the new contract is signed or automatically continues for one year because the employee has not timely resigned.
The Board recognizes that there are some circumstances which force an employee to request a release from a contract before the expiration date of the contract. The Board also recognizes that the District suffers difficulties and expenses in finding a suitable replacement, that a replacement may not be as experienced or as qualified as the resigning employee, and that a mid-contract-term resignation causes disruption to the District’s programs. The Board believes that any employee who signs a contract should fulfill the contract to the best of the employee’s ability.
A licensed employee who wishes to resign a contract before the expiration date of the contract shall submit to the secretary of the Board a signed written request at least twenty-one (21) calendar days in advance setting out the reasons for the requested release and the date of the requested release.
The licensed employee shall also submit with the request for release a check in the amount of One Thousand Dollars ($1,000) made out to the District to cover the expenses of finding a suitable replacement. Expenses shall include the costs of advertising, long distance telephone calls, postage, background checks, and interviewing expenses, including time expended by administrators and support staff (calculated at their standard hourly rate). Payment for these costs is a condition for release of the contract. A refund of any portion of the $1,000 not expended or charged to personnel time, if any, shall be made after formal release of the employee’s contract.
The licensed employee shall be released from a contract only if the Board determines that a valid reason exists for release from the contract and a suitable replacement is found. The administrative staff and Board of Directors have sole discretion to determine if a suitable replacement has been found.
The licensed employee shall be expected to continue performing services under the contract until a suitable replacement can be secured and a written release is obtained from the Board.
A licensed employee may seek a waiver from the Board of any of the conditions set forth for requesting a release prior to the expiration date of the contract. The Board, on its own or following a request, may in its discretion waive any of the conditions.
In the event a licensed employee terminates employment without proper release, the Superintendent is directed to advise the Board of Educational Examiners and the Superintendent may pursue any other remedies under the law. (DCCSD Board Policy 407.1)
Approved: August 14, 1989
Reviewed: April 18, 2006
Revised: September 17, 2018