Q&A: Penalty-Free Resignation Date

Editor's note: This article has been updated to reflect new provisions passed in the 89th Texas Legislature Regular Session.

House Bill (HB) 2 of the 89^th Texas Regular Legislature Session addressed areas of the rights of public school educators adding “good cause” reasons for resignation after the penalty-free resignation date (PFRD) which could impact district decision-making when contract abandonment occurs.

This Q&A is written to address some of the most common questions HR Services continues to receive.

Q: Has the PFRD changed?

A: The PFRD has not changed. It is still 45 days before the first day of instruction. The actions the State Board for Educator Certification (SBEC) can take against an educator who resigns between the 44^th and 30^th day prior to the first day of instruction without good cause were amended in 2023 as an available action. Prior to 2023, an educator’s certificate could be suspended for contract abandonment. Although suspension is no longer an available action, SBEC may still take other disciplinary action such as an inscribed reprimand. 

Q: How do I determine the first day of instruction?

A: The first day of instruction varies from school district to school district. It is the first day of school for students in your school district.

Q: Are the 45 days business days or calendar days?

A: The 45 days are calendar days. If the 45^th day falls on a weekend or a holiday, for the employee’s benefit, the best practice would be to set the PFRD forward on the next business day. For example, if the PFRD is on Saturday, the district should move it to the following Monday so the actual day the resignation is submitted is a business day. 

Q: Can a teacher be sanctioned by SBEC if they resign after the PFRD or during the school year without board consent?

A: Yes, the district can file a request with SBEC if a teacher resigns without board consent. However, HB 2 amended Texas Education Code (TEC) § 21.105, § 21.160, and § 21.210, stating that a teacher may not be sanctioned if the teacher’s failure to comply was due to:

• A serious illness or health condition of the teacher or close family member of the teacher;
• The teacher’s relocation because the teacher’s spouse or partner who resides with the teacher changes employers or location of employment;
• A significant change in the needs of the teacher’s family in a manner that requires the teacher to relocate or forgo employment during a period of required employment under the teacher’s contract; or
• The teacher’s reasonable belief that the teacher had written permission from the school district’s administration to resign.

These reasons are also outlined in Title 19 Texas Administrative Code (TAC) § 249.17.

Q: What is a mitigating factor that shall be considered by SBEC when determining a violation of contract abandonment by an educator?

A: 19 TAC § 249.17(d)(2) (updated May 2025) has a list of mitigating factors they may take into consideration when determining a disciplinary decision for an educator who has abandoned a contract.

• The educator gave at least a 30-day written notice in advance of the first day of instruction that the educator will not be present.
• The educator assisted the school district in finding a replacement to fill the position, as well as continued to work with the school district to hire and train the replacement educator.
• The educator showed good faith in communication and negotiations with the school district.
• The educator provided lesson plans following resignation.
• The educator changed careers within the field of education:
  • to a position that required a different class of educator certification as defined in 19 TAC §230.33(b);
  • to a position with a higher level of authority within the principal class of certificate; or
  • to a position in an open-enrollment charter school or a district of innovation that is equivalent to the position described above.
• The educator had a reduction in base pay, excluding stipends, as compared to the educator's base pay for the prior year at the same school district.
• The educator resigned due to working conditions that reasonably posed an immediate threat of significant physical harm to the educator.
• Any other relevant circumstances or facts.

Resources

HRX articles written on this topic include:

• No Change to the Penalty-Free Resignation Date
• Calculating Penalty-Free Resignation
• Tips for Accepting End-of-Year Contract Resignations
• SBOE Adopts Contract Abandonment Proposed Rules
• Reporting Contract Abandonment