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Gateway USD |  BP  4217.2  Personnel

Resignation   

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Any district employee who desires to resign his/her position shall submit, in writing, a letter of resignation. The employee may specify the effective date on the resignation. The Board shall fix an effective date for the resignation, if none has been set by the employee, which may not be later than the close of the school year. (Education Code 44930)

The Superintendent is authorized to accept the written resignation of any employee in behalf of the Governing Board, and the resignation shall become effective immediately on receipt by the Superintendent.

A resignation presented to and accepted by the Superintendent may not be withdrawn by the employee. Resignations are effective upon receipt by the Superintendent; no notice of acceptance is required for a resignation to become effective.

If a certificated employee leaves the employ of the district during the school year without obtaining acceptance of his/her resignation, or leaves before the effective date of the resignation, the Superintendent is directed to report this fact, with supporting evidence, to the Commission for Teacher Preparation and Licensing. The Commission may suspend the credentials of teachers who leave the district in this manner.

Legal Reference:

EDUCATION CODE

35161 Board delegation of any powers or duties

44420 Failure to fulfill contract as ground for suspension of diplomas and certificates

44433 Unauthorized departure from service as unprofessional conduct

44930 Acceptance and date of resignation

45201 Power to accept resignation

CODE OF REGULATIONS, TITLE 5

80303 Reports of change in employment status

80304 Notice of sexual misconduct

COURT DECISIONS

American Federation of Teachers, Local #1050 v. Board of Education of Pasadena Unified School District (1980) 107 Cal.App.3d 829

Policy GATEWAY UNIFIED SCHOOL DISTRICT

adopted: October 15, 2003 Redding, California

revised: August 18, 2010