No Change to the Penalty-Free Resignation Date

April 04, 2022 • Karen Dooley

No Change to the Penalty-Free Resignation Date

The penalty-free resignation date (PFRD) remains the same despite the adoption of House Bill (HB) 2519 passed during the Regular Session of the 87th Texas Legislature.

An educator on a Chapter 21 contract may resign between school years without penalty if the employee files written resignation with the board or the board’s designee no later than the 45th day before the first day of instruction of the following school year. This is known as the penalty-free resignation date (PFRD). Remember the PFRD is unique to a school district because it is based on the individual district’s first day of instruction.

School districts also use the PFRD for notifications of changes lowering an employee’s pay or impacting days of service. Notices of such changes should be in writing from an official with authority, such as the superintendent or HR director, and specific enough for the employee to understand the impact of the change.

A school district may continue to file a complaint with the State Board for Educator Certification (SBEC) if an employee abandons a Chapter 21 contract after the PFRD. HB 2519 and the resulting rules adopted by SBEC impact the actions SBEC can take for an educator resigning after the PFRD but not later than the 30th day prior to the first day of instruction.

Prior to HB 2519, educators resigning after the PFRD without good cause would risk a one-year suspension of their certificate. While SBEC may still act against an educator’s certificate if an educator resigns between the 44th and 30th day prior to the first day of instruction, the rules prescribe a sanction of an inscribed reprimand. Details for types of action SBEC may take against an educator can be found in the Educator Discipline FAQs on the TEA website.

The list of helpful HRX articles below may be used to navigate educator resignations.


Karen Dooley is a senior HR consultant at TASB HR Services. Send Karen an email at karen.dooley@tasb.org.


Stay up to date with all the latest HR news and trends by joining the HRX mailing list!

Subscribe to HRX

Tagged: "Educator contracts", "Employment law", "Teacher contracts", Termination