Can the school district hold or suspend my teaching certificate after I resign?

Discussion in 'General Education' started by geegee1981, Jul 25, 2013.

  1. geegee1981

    geegee1981 Rookie

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    Jul 25, 2013

    Hello, I am a teacher in the state of IL. I have 1 year of teaching experience. I planned on staying at my job for the next school year, but this summer I found a new position that pays 15,000 more and I was not happy with my former work environment. The faculty did not treat me nice at all, so I had a pretty bad year. School starts in 3.5 weeks. I plan on resigning from my current job this week after I get my new signed contract from the school board. Can the school district hold or suspend my teaching certificate after I resign? The school year has not started yet and I have never signed a contract with the former district. I’m really scared.
     
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  3. czacza

    czacza Multitudinous

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    Jul 25, 2013

    Districts with contracts stipulate how much time must be given when leaving a position. Under those contracts an employee CAN be held for that amount of time.
    Here on the forums, some members have shared experiences in which their licenses were affected by not meeting contracted timeframes when resigning. With no contract, it would seem to me that you are an 'at will' employee and would be ok with resigning, but these things vary regionally.
    In any case, it's ALWAYS best to give as much notice as possible.
     
  4. newbie23

    newbie23 Comrade

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    Jul 25, 2013

    In my state there is a state-wide date in which teachers under contract are supposed to let their employers know if they're not returning. Our date is July 10.

    After that date, the district you're currently under contract has the right to take action against your license by having the state suspend it for a year. Some districts will take this action, others will not, depending a lot on their ability to find a replacement for your position. I've had friends who have had their licenses suspended and been let go of their position and others who were allowed to stay in their old position for the year.

    My advice would be to check your contract. If there is a district or state-wide deadline, that should be indicated in the contract.
     
  5. geegee1981

    geegee1981 Rookie

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    I do work under a contact supposedly....well they handed us contract agreements late in the school year in February that were never signed, and the teachers never had to sign them. I duuno...Im just scared. Ive never signed a contract though.
     
  6. czacza

    czacza Multitudinous

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    What does that contract agreement say?
     
  7. geegee1981

    geegee1981 Rookie

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    I honestly didn't look at the contract well. They handed us a thick amount of papers in our mailboxes back in February 2013 that said contract agreement. I have misplaced it, so im searching for it now.
     
  8. BioAngel

    BioAngel Science Teacher - Grades 3-6

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    Jul 25, 2013

    Well unless the contact says something about not signing and returning it, then I question whether it's a binding contract. I would suggest calling HR (human resources) and talking to them right away about your situation.

    Also, when does school start for you? If it's not until September they might not have as much issue unlike if schools starts in August.
     
  9. geegee1981

    geegee1981 Rookie

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    School starts August 19.
     
  10. comaba

    comaba Cohort

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    Jul 25, 2013

    Public school? Legally, you're to give them 30 days notice before the first day of school. Yes, they can hold your certificate if they do not agree to release you and you do not report to work.

    Most districts do not do that unless they are unable to hire someone in time.
     
  11. Caesar753

    Caesar753 Multitudinous

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    Jul 25, 2013

    Not necessarily true. In my district our "contract" is about 200 pages and teachers don't sign it. It is understood that by accepting employment, you agree to the terms of the negotiated agreement.
     
  12. Caesar753

    Caesar753 Multitudinous

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    I think that depends on where you're at. The 30-day notice isn't true in many places.
     
  13. comaba

    comaba Cohort

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    Yes, you're right. I was speaking strictly for Illinois.
     
  14. Caesar753

    Caesar753 Multitudinous

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    Ooooh, gotcha. Sorry!
     
  15. cheeryteacher

    cheeryteacher Enthusiast

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    Jul 25, 2013

    This varies state to state and district to district. Call HR and see what they say. You probably won't even have to give your name if you are worried about them finding out before you are ready.

    Congrats on the new job. That pay increase is outstanding!
     
  16. MrsC

    MrsC Multitudinous

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    This is how it is for us as well.
     
  17. comaba

    comaba Cohort

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    I should have specified in the first post. :)
     
  18. comaba

    comaba Cohort

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    Jul 25, 2013

    It does vary state to state, but in Illinois the district is entitled to 30 days notice. Most districts will release without consequence, but they don't have to.

    http://www.ieanea.org/benefits/legal-help/your-legal-rights/
    See part V. Resignations
     
  19. Securis

    Securis Cohort

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    Jul 25, 2013

    Seems to me that your name isn't on any documents that say you are to work in your previous district for the coming school year. It would be completely professional of you to inform them that you are not returning but without your signature on a document, they'd have no way to prove they intended you to return. And the opposite is true, you have no way to prove you were to be allowed back. Still, informing them in writing is your most professional option.

    My experience when resigning from a MS school district after signing a contract was that they could have held my license but they would have to had a unanimous vote from the school board to do so. I gave them 2 months notice and I was a teacher in good standing and even on friendly terms with some of my school board members. I was told I had to report by my assistant principal over the phone and I told her that I was truly sorry but that would not be happening. End of story. Nothing happened.

    That's not to say nothing will happen, though. Good luck with the change up.
     
  20. teacherintexas

    teacherintexas Maven

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    Can you call your union/professional organization for legal advice?
     
  21. EiffelTower

    EiffelTower Comrade

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    Jul 26, 2013

    I had a friend who resigned and she had to pay $1,500 for breaking her contract to go to a nearby district. They didn't do anything to her certification.
     
  22. joeschmoe

    joeschmoe Companion

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    Jul 26, 2013

    You need to have your ducks lined up before signing that new contract. Verify that you indeed are not in a contract. If you are, you need to get out of that contract first before signing the new one. You put yourself into a very bad position if you have two contracts.
     
  23. bison

    bison Habitué

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    Jul 26, 2013

    As you can see, it really depends on where you are and what your contract says. Contact HR and/or your union.
     
  24. CFClassroom

    CFClassroom Connoisseur

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    I think it is important to know the specifics for your state, district and contract...for both schools. I would be hesitant to to sign the new contract without clarification from both because you could place yourself in situations with not one, but two districts.
     
  25. geegee1981

    geegee1981 Rookie

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    Hey everybody! Well I am just touching bases with you…… The old school district let me go without causing any problems. No they did not suspend my teaching license. I wrote the board, the special ed director, and the superintendent and thanked them for the position. I told them that I had to leave due to unforeseen circumstances… They accepted the letter on August 23 at the board meeting according to the minutes. According to my old coworkers, a man was hired to replace me, but he quit after the first day of school. A substitute is teaching my class now.
     
  26. bison

    bison Habitué

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    Glad to hear it worked out!
     
  27. dave1mo

    dave1mo Comrade

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    I don't think "it is understood" is a legally binding agreement.
     
  28. czacza

    czacza Multitudinous

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    Aug 31, 2013

    This is how it is in my district. Not 200 pages, but definitely a book! We have a MUCH LARGER notebook (now online) with hundreds of pages of board policy, job descriptions, etc.

    New employees are generally given a copy of the 'whole contract' for their review and only sign the one page copy which lists salary guide placement. (truthfully, tenured teachers in my district don't even sign the one page anymore...we just get the page listing salary placement but don't sign and return it)

    So glad things worked out for you!
     
  29. geegee1981

    geegee1981 Rookie

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    Thank you!
    I signed a contract at my new district, so im definitely under contract here lol.
     
  30. kevo2005

    kevo2005 Companion

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    Last year I got a diagnostician job in December during Christmas break. At the time I taught physics. I called the professional organization that I am a member of and basically they told me it is up to the principal whether I be released from my contract or not. If they release me I can take the other job no penalties. However, if they do not release me, I can resign and not be penalized BUT if I take the other job I'm in breach of contract and my contract could be suspended for 1 year.

    In the end, I never approached my principal and politely declined the diagnostician position. I signed the contract and felt that I had to honor my word and finish out the year. At the end of the year my principal talked to me, apparently they called him for a reference and he told me he "appreciated my integrity and would have let me go because he knew that was what I was working for but appreciated me finishing my contract." He also wrote me an awesome letter of recommendation and helped me get a job this year as a diag.
     

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