Resignation

MJUSD
DIVISION 4000
ALL PERSONNEL

RESIGNATION

Any District employee who desires to resign his/her position shall submit, in writing, a letter of resignation that indicates the date that the employee intends as his/her last day at work. The Governing Board encourages employees to provide advance notice that is appropriate for the position they hold.

An employee's resignation shall become effective on the date set by the Superintendent or designee and may not be withdrawn by the employee. The Board authorizes the Superintendent or designee to accept this written resignation and to set its effective date.

The effective date of the resignation shall be a date not later than the close of the school year during which the resignation is received, except as provided in the following paragraph. (Education Code 44930, 45201)

Notwithstanding any other provision of law, an employee and the Board may agree that a resignation will be accepted at a mutually agreed upon date not later than two (2) years beyond the close of the school year during which the resignation is received by the Board. (Education Code 44930, 45201)

If a certificated employee leaves District service during the school year without obtaining acceptance of his/her resignation, or if he/she leaves before the effective date of the resignation, the Superintendent designee shall report this fact, with supporting evidence, to the Commission on Teacher Credentialing.

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 of governing board to accept resignation

First Reading: 12/5/00

Governing Board Adoption: 1/17/01

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