Teacher Contract Abandonment in Texas: How to Protect Your Educator License

Transcript

Speaker 1: 0:01

This podcast is for educational purposes only, does not constitute legal advice and does not create an attorney-client relationship. If you need legal assistance about a legal problem, contact an attorney. Welcome back to Know your Regulator. The podcast that inspires you to engage. I am your host, simone Murphy. It is back to school season, so this episode we’re diving into a topic that’s critical for Texas educators contract abandonment. I’m joined by Tony Bertolino, the managing partner of the Bertolino Law Firm. Tony has built a firm solely dedicated to defending professionals just like himself when their license and livelihood are on the line. Tony, it’s great to have you here.

Speaker 2: 0:41

All right, simone, thank you, I appreciate you. Having me back on, tony, it’s great to have you here. All right, simone, thank you, I appreciate you having me back on Absolutely.

Speaker 1: 0:46

I would love to pick your brain about this subject.

Speaker 2: 0:49

For those who don’t know what exactly is contract abandonment for a teacher under Texas law, Sure Well, in Texas, contract abandonment is basically when a teacher walks away from their job after the school year has started or, under the law, within a 45-day period of the first day of instruction, which basically means the first day of school, and they do that without meeting one of the state board for educator certifications approved exceptions, and this list of exceptions is actually pretty short.

Speaker 2: 1:25

It includes things like you know serious illnesses, caring for a sick family member, or even relocating to a new city because of a spouse’s new job. And even if you fall into one of those categories, you still have to follow the right process and provide documentation, or you could end up getting in serious trouble.

Speaker 1: 1:47

Yeah, I would say that, like you said, you know you’ve got to follow a process or there can be some consequences. What happens to a teacher’s license if they don’t follow that process or they’re, you know, reported for contract abandonment?

Speaker 2: 2:02

Well, actually, if the school district reports you for this contract abandonment, the case actually goes through two separate agencies. The two agencies include the Texas Education Agency, and that’s the division there is called the Educator Investigations Division, and what they do is they actually handle the fact-finding portion. They go in and they investigate and find the facts leading up to the reasons why or how or to what extent the contract abandoning happened, and then they’ll notify you and they’ll request a written response and again they gather evidence from both you and the school district and then, once that’s complete, the other agency that steps in is called the State Board for Educator Certification, or the SVEC, and what they do is they review the evidence, they decide if discipline is appropriate. Sbec is what they call it for short is the particular body that issues the sanctions, and those sanctions can range anywhere from an inscribed reprimand, which is a public reprimand, all the way up to a potential suspension of your teaching certificate and, in rare cases, even revocation of your teaching certificate.

Speaker 2: 3:17

So even though TEA, the Texas Education Agency, is the one communicating with you during this investigation. It’s ultimately SBEC that makes the final call on your certificate.

Speaker 1: 3:30

That’s really good information for people to know. I think that’s not very widely known.

Speaker 2: 3:35

No, it really isn’t. There’s a lot of misconception or misunderstanding about that.

Speaker 1: 3:40

Yeah, and it seems like a lot of teachers are probably not abandoning these contracts lightly. Like you said, it’s usually the circumstances that can arise are more serious, like a serious illness, a big move. It’s often for personal reasons or emotional, possibly health related. So what are some of those common reasons that you’ve seen? And while we’re talking about teachers and their misconceptions, where can people get kind of tripped up legally?

Speaker 2: 4:12

Well, you know the different scenarios that I’ve seen in my practice are, you know I’ve seen burnout. You know, relocation, again because of a spouse’s new job, family or childcare issues that come about, and sometimes it’s, you know, very toxic work environments. You know these teachers are, you know, in an environment where their colleagues may be very toxic or even some of the children that they teach may be very, very toxic and the problem is that even if your reason feels completely justified, it may not fit within SBEC’s legal definition of that exception.

Speaker 2: 4:49

And the biggest trap is assuming that a good reason automatically protects you. You know we get teachers that call us up and they’re they’re thinking in their minds oh I have a great reason, a great justification as to why I’m going to leave my job and leave teaching and abandon my, my written contract with the school district and really it turns out that they don’t have a really good, justifiable legal reason. And certainly the biggest thing that I’m seeing as to a trap is if you don’t give that proper notice or use the right resignation process under the statute and you certainly back it up with the paperwork and documentation that SBEC requires, you can still face discipline and I’m seeing that as probably the biggest trap.

Speaker 1: 5:33

You can still face discipline and I’m seeing that as probably the biggest trap. Yeah, that’s very well said. I think it’s very important for our educators and our teachers to know that intention does not always protect you from discipline. Like you said, you may think that you’ve got a very just reason for abandoning the contract, but may not see it that way. No, you’re exactly right.

Speaker 2: 5:57

You know you’re exactly right and SBIC isn’t looking at your heart. You know they’re looking at whether you follow the rules and whether your situation is supported by the evidence and the documentation that you’re supposed to be gathering. And you might be leaving for a completely valid reason, but it’s not documented or it’s outside the approved exceptions or categories and you’re still at risk for those potential sanctions that are out there. And that’s why it’s so important to slow down when you’re in this scenario. Slow down and get advice before you make a move. Mario, slow down and get advice before you make a move, because you know these sort of knee-jerk reactions that I’m seeing from teachers. You know they’re again, they’re quickly thinking that they can breach their contract, they can leave their jobs, and that’s just not the law, that’s just not the proper way to do it.

Speaker 1: 6:49

Yeah. So let’s say a teacher is considering leaving mid-year for whatever reason. What’s the first thing that they should do?

Speaker 2: 6:59

I think the first thing you need to do is pull out your contract and read the section that is specific to resignation and then, of course, check SBEC’s timelines. Course, check SBEC’s timelines. Most teachers, under Texas law, have to give 45 days notice before the first day of school to resign without a penalty imposed against your certificate. And if you’re already in the school year, you’re going to want to see if you qualify for one of those exceptions. And, honestly, the smartest step you can take is to really call someone who handles teacher license defense before you submit anything. Go to a professional, go to an attorney who is able to speak with you and give you the proper guidance and advice before you, certainly before you resign. But, of course, dot your I’s, cross your T’s and talk with someone who has experience before you submit anything to the agency. And you know that conversation with an attorney can make all the difference.

Speaker 1: 8:06

Absolutely. I think a lot of people don’t know that there are professional license attorneys that do exist and they do defend your teaching license, your educator license. So absolutely explore what options they may be able to offer you in something like this. When it comes to teachers who have already been reported or they’ve already resigned, what can they expect?

Speaker 2: 8:31

Well, they’re very likely going to get a letter from TEA or SBAC saying there’s been a report and giving them a chance to respond.

Speaker 2: 8:39

Very likely it’s going to come from TEA actually, and that’s a crucial point in the process, because what you’ll want to do at that point is pull together any proof, any documentation that supports your reason or belief for your reason for leaving reason or belief for your reason for leaving and those include, you know, documents include, such as medical records.

Speaker 2: 9:00

You know relocation paperwork from your spouse, if you know if they’re relocating to a different city. You know text correspondence, email correspondence. And then, of course, you know, once you’ve gathered all that information and you know the next step is to, you know, work with an attorney to put together a strong strategic response. And you know the next step is to, you know, work with an attorney to put together a strong strategic response. And you know, done right, you can often negotiate for a reduced sanction or, in some cases, get the case completely dismissed. But again, you’ve got to be very mindful, very methodical and you know, do things in a very methodical way and process, have a list of the items you need to put together, gather all this documentation and evidence and have it ready to speak to your attorney and to go over those documents.

Speaker 1: 9:43

Yeah, that makes sense. You know we talked about kind of slowing down, making sure you have all your I’s dotted, your T’s crossed, and that makes perfect sense. You’d want to slow down and review it with someone who’s an expert. Before we wrap up, tony, what’s one key piece of advice that you would give to teachers to avoid finding themselves in a contract abandonment case like this?

Speaker 2: 10:05

My best advice and it’s free advice is don’t make a career decision in the heat of the moment. Don’t make that knee-jerk reaction. You know, if you’re burned out or frustrated or you’re dealing with personal issues, step back, take a breath before you resign. You know, know the rules, document your situation and get guidance before you act or react. You know, in my experience, you know, a little planning now can save your license and save your certificate, save your career and, of course, you know, save your livelihood down the road. So that’s that’s probably my best advice is, you know, take a deep breath. Don’t react. You know, in that knee jerk reaction kind of way, you know, really step back and look at where you’re at and follow the rules. You know, take it step by step.

Speaker 1: 11:01

Yeah, absolutely. Very well said I think it talked in one of my previous episodes that proactiveness is so much less traumatic and less expensive than being active or getting into litigation If you can. You know, know, learn your rights and understand your rights um at the forefront they’re definitely a problem to deal with in the first place.

Speaker 2: 11:23

So definitely, definitely. When you’re already in that scenario or that situation where your certificate is at stake, it’s not necessarily too late. But you know, like you said, you’re looking at more blood, sweat, tears and expense associated with it, rather than, if you had been proactive and again gathered your evidence, information, speak to capable attorneys, it may very well likely, would end up putting you in a better position and you’re not just in the defense of your certificate but also, you know, expense wise, monetarily wise.

Speaker 1: 11:59

Yeah, which is big. It’s big when it comes to lawyers and litigation. Well, thank you very much, tony, for these really important insights and, to our listeners, remember that your license is your livelihood. Know your contract, know your rights and, when in doubt, get advice before you act. You can find resources in the episode description, including TEA guidance on contract abandonment. Be sure to subscribe to Know your Regulator for more episodes that help you stay informed, empowered and connected to your licensing agency. Until next time, stay inspired and continue engaging with your regulatory agency. Know your Regulator the podcast that inspires you to engage.