Resigning Mid Year

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Maryland Teachers Chatboard

Resigning Mid Year

by Birdie Kass

Nov 20, 2013

I am new to the state of Maryland and I was informed by my principal that if I chose to resign from my position mid- year that I would lose my teaching license for the state. I have trying searching all sorts of sources to see if this information is accurate. I am ready to reach out to someone in my HR department or even at the Maryland State Board of Education. I feel like that it is bad enough that you cannot be considered for employment with another school district in the state if you are under contract with one school and now this. I feel really trapped in my position and I want to find a way out that isn't going to jeopardize my ability to retain my license. If it means that I am stuck there for the year then so be it, but I would like an honest answer from some who knows something.

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anon The fact is you aren't part of the Maryland licensing board, nor are you an attorney.

The OP needs to check with the source.

The OP should NEVER have talked with the principal. Talk about cutting your nose off to spite your face. That just gives the principal an excuse to boot the teacher out.

I seriously doubt any dis...See MoreThe fact is you aren't part of the Maryland licensing board, nor are you an attorney.

The OP needs to check with the source.

The OP should NEVER have talked with the principal. Talk about cutting your nose off to spite your face. That just gives the principal an excuse to boot the teacher out.

I seriously doubt any district has EVER sued a teacher for breach of contract. They would just go to the licensing board if there was not adequate notice.

I also doubt the principal could actually do that. It would most likely be left up to the superintendent.

On 12/15/13, mark wrote: > In Maryland, there is no such thing as ample notice unless it appears > in a clause in the contract. My contract doesn't have any escape > clause with any period of notice. If you break your contract without > permission anytime during the year, they can suspend your license. > There are exceptions for medical emergencies or military service. > > MD has only suspended about 40 licenses since this was put on the > books in the 80s. Usually if you speak with the Principal and tell > him you want out, he will let you go with notice but he does not have > to. It sounds like this person talked to the Principal already and > he is talking about license suspension. They want to play hardball > here, and there isn't much to be done. > > They also technically could sue the teacher who violates a contract > for damages, such as sub costs and the cost of finding a replacement, > but I have never heard of that happening. > > The best thing to do is finish the year and move on. > > On 12/13/13, anon wrote: >> The post is basically correct. I don't know how it is in MD, but >> in other states such as Oregon, you can resign during your >> contracted term IF you give at least 60 days notice. You will >> want to find out from the licensing board in Maryland for sure if >> the rules are similar. >> >> NOT giving adequate notice is a major sin in public education. >> You do NOT want to breach a contract without giving ample notice. >> >> >> On 12/13/13, mark wrote: >>> Your Principal is correct. MD state law allows a teacher's >>> certification to be suspended for up to one year for violating >>> an employment contract. >>> >>> Keep in mind a contract is a legal document. You agree to work >>> for a set period of time and they agree to pay you and keep you >>> employed. You don't have the right to take other, conflicting >>> employment during that time. If you violate it, there are >>> consequences, just as there are consequences if you violate a >>> mortgage or car loan contract. >>> >>> If your certification is suspended in MD, then you must answer >>> "yes" on every teaching application that asks if you have had a >>> license revoked, suspended, etc. This is an employment killer >>> nearly everywhere in the US. >>> >>> Honestly, your best bet is to finish the year. It's already >>> December. Soon Christmas break will be here and you will be >>> off until January. Then, you have just a bit more than 5 >>> months. If you can't handle that, then you likely can't be a >>> teacher. >>> >>> On 11/20/13, Birdie Kass wrote: >>>> I am new to the state of Maryland and I was informed by my >>>> principal that if I chose to resign from my position mid- >>>> year that I would lose my teaching license for the state. I >>>> have trying searching all sorts of sources to see if this >>>> information is accurate. I am ready to reach out to someone >>>> in my HR department or even at the Maryland State Board of >>>> Education. I feel like that it is bad enough that you >>>> cannot be considered for employment with another school >>>> district in the state if you are under contract with one >>>> school and now this. I feel really trapped in my position >>>> and I want to find a way out that isn't going to jeopardize >>>> my ability to retain my license. If it means that I am >>>> stuck there for the year then so be it, but I would like an >>>> honest answer from some who knows something.

Dec 15, 2013

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anon Statute is this: Code of Maryland 13A.12.05

(1) Breach of Contract. A certificate may be suspended for not more than 365 days if the certificate holder leaves the employment of a local school system after July 15 without the consent of the local board of education, which may not be unreasonably withheld, and contrary to the provisions of ...See MoreStatute is this: Code of Maryland 13A.12.05

(1) Breach of Contract. A certificate may be suspended for not more than 365 days if the certificate holder leaves the employment of a local school system after July 15 without the consent of the local board of education, which may not be unreasonably withheld, and contrary to the provisions of the Regular State Teacher’s Contract set forth in COMAR 13A.07.02.01B.

Whatever "without the consent of the local board of education" means.

OP needs to talk to her union, the state board, or an attorney.

On 12/15/13, anon wrote: > The fact is you aren't part of the Maryland licensing board, nor are > you an attorney. > > The OP needs to check with the source. > > The OP should NEVER have talked with the principal. Talk about cutting > your nose off to spite your face. That just gives the principal an > excuse to boot the teacher out. > > I seriously doubt any district has EVER sued a teacher for breach of > contract. They would just go to the licensing board if there was not > adequate notice. > > I also doubt the principal could actually do that. It would most > likely be left up to the superintendent. > > > On 12/15/13, mark wrote: >> In Maryland, there is no such thing as ample notice unless it appears >> in a clause in the contract. My contract doesn't have any escape >> clause with any period of notice. If you break your contract without >> permission anytime during the year, they can suspend your license. >> There are exceptions for medical emergencies or military service. >> >> MD has only suspended about 40 licenses since this was put on the >> books in the 80s. Usually if you speak with the Principal and tell >> him you want out, he will let you go with notice but he does not have >> to. It sounds like this person talked to the Principal already and >> he is talking about license suspension. They want to play hardball >> here, and there isn't much to be done. >> >> They also technically could sue the teacher who violates a contract >> for damages, such as sub costs and the cost of finding a replacement, >> but I have never heard of that happening. >> >> The best thing to do is finish the year and move on. >> >> On 12/13/13, anon wrote: >>> The post is basically correct. I don't know how it is in MD, > but >>> in other states such as Oregon, you can resign during your >>> contracted term IF you give at least 60 days notice. You will >>> want to find out from the licensing board in Maryland for sure if >>> the rules are similar. >>> >>> NOT giving adequate notice is a major sin in public education. >>> You do NOT want to breach a contract without giving ample notice. >>> >>> >>> On 12/13/13, mark wrote: >>>> Your Principal is correct. MD state law allows a teacher's >>>> certification to be suspended for up to one year for violating >>>> an employment contract. >>>> >>>> Keep in mind a contract is a legal document. You agree to work >>>> for a set period of time and they agree to pay you and keep you >>>> employed. You don't have the right to take other, conflicting >>>> employment during that time. If you violate it, there are >>>> consequences, just as there are consequences if you violate a >>>> mortgage or car loan contract. >>>> >>>> If your certification is suspended in MD, then you must answer >>>> "yes" on every teaching application that asks if you have had a >>>> license revoked, suspended, etc. This is an employment killer >>>> nearly everywhere in the US. >>>> >>>> Honestly, your best bet is to finish the year. It's already >>>> December. Soon Christmas break will be here and you will be >>>> off until January. Then, you have just a bit more than 5 >>>> months. If you can't handle that, then you likely can't be a >>>> teacher. >>>> >>>> On 11/20/13, Birdie Kass wrote: >>>>> I am new to the state of Maryland and I was informed by my >>>>> principal that if I chose to resign from my position mid- >>>>> year that I would lose my teaching license for the state. I >>>>> have trying searching all sorts of sources to see if this >>>>> information is accurate. I am ready to reach out to someone >>>>> in my HR department or even at the Maryland State Board of >>>>> Education. I feel like that it is bad enough that you >>>>> cannot be considered for employment with another school >>>>> district in the state if you are under contract with one >>>>> school and now this. I feel really trapped in my position >>>>> and I want to find a way out that isn't going to jeopardize >>>>> my ability to retain my license. If it means that I am >>>>> stuck there for the year then so be it, but I would like an >>>>> honest answer from some who knows something.

Dec 15, 2013

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mark Its funny you say I'm not an attorney, but then give incorrect advice about giving notice, when there is no period of "proper notice." Technically, she could give 179-day notice on the day school starts, but still face license suspension if she leaves one day before school ends. If the district is willing to take it to license suspension, her licen...See MoreIts funny you say I'm not an attorney, but then give incorrect advice about giving notice, when there is no period of "proper notice." Technically, she could give 179-day notice on the day school starts, but still face license suspension if she leaves one day before school ends. If the district is willing to take it to license suspension, her license will be suspended.

Quite honestly, the best course of action for the OP is to work her contract and then move on from the district. After re-reading the initial post, she doesn't like her job. She said she was willing to work out the year, and we are about halfway through the year now.

Resigning mid-year is a great, big red mark on your resume though if you want to teach again. I'm not saying it is impossible, but schools don't like to see it.

If she absolutely wants to resign, she can submit a request to the board and/or district superintendent asking to be released from her contract. It sounds as if she has already talked to her building administrator. I don't see a problem with her talking to the building administrator. She wants to leave. It is unlikely the Principal will "boot her out," since that would mean due process hearings, even for a first year teacher, that would probably take the rest of the year. Since she wants to resign, it would seem the path of least resistance for the administrator would be to accept her resignation if he wanted to eliminate her.

She should not unilaterally resign, but merely ask permission to quit from the board. They can't suspend her license if she merely asks to quit. They will then say yes or no. Honestly, by the time they act on it, it will be nearly February by the time she quits. That is leaves only 4 months in the school year. She should stick it out.

On 12/15/13, anon wrote: > The fact is you aren't part of the Maryland licensing board, nor are > you an attorney. > > The OP needs to check with the source. > > The OP should NEVER have talked with the principal. Talk about cutting > your nose off to spite your face. That just gives the principal an > excuse to boot the teacher out. > > I seriously doubt any district has EVER sued a teacher for breach of > contract. They would just go to the licensing board if there was not > adequate notice. > > I also doubt the principal could actually do that. It would most > likely be left up to the superintendent. > > > On 12/15/13, mark wrote: >> In Maryland, there is no such thing as ample notice unless it appears >> in a clause in the contract. My contract doesn't have any escape >> clause with any period of notice. If you break your contract without >> permission anytime during the year, they can suspend your license. >> There are exceptions for medical emergencies or military service. >> >> MD has only suspended about 40 licenses since this was put on the >> books in the 80s. Usually if you speak with the Principal and tell >> him you want out, he will let you go with notice but he does not have >> to. It sounds like this person talked to the Principal already and >> he is talking about license suspension. They want to play hardball >> here, and there isn't much to be done. >> >> They also technically could sue the teacher who violates a contract >> for damages, such as sub costs and the cost of finding a replacement, >> but I have never heard of that happening. >> >> The best thing to do is finish the year and move on. >> >> On 12/13/13, anon wrote: >>> The post is basically correct. I don't know how it is in MD, > but >>> in other states such as Oregon, you can resign during your >>> contracted term IF you give at least 60 days notice. You will >>> want to find out from the licensing board in Maryland for sure if >>> the rules are similar. >>> >>> NOT giving adequate notice is a major sin in public education. >>> You do NOT want to breach a contract without giving ample notice. >>> >>> >>> On 12/13/13, mark wrote: >>>> Your Principal is correct. MD state law allows a teacher's >>>> certification to be suspended for up to one year for violating >>>> an employment contract. >>>> >>>> Keep in mind a contract is a legal document. You agree to work >>>> for a set period of time and they agree to pay you and keep you >>>> employed. You don't have the right to take other, conflicting >>>> employment during that time. If you violate it, there are >>>> consequences, just as there are consequences if you violate a >>>> mortgage or car loan contract. >>>> >>>> If your certification is suspended in MD, then you must answer >>>> "yes" on every teaching application that asks if you have had a >>>> license revoked, suspended, etc. This is an employment killer >>>> nearly everywhere in the US. >>>> >>>> Honestly, your best bet is to finish the year. It's already >>>> December. Soon Christmas break will be here and you will be >>>> off until January. Then, you have just a bit more than 5 >>>> months. If you can't handle that, then you likely can't be a >>>> teacher. >>>> >>>> On 11/20/13, Birdie Kass wrote: >>>>> I am new to the state of Maryland and I was informed by my >>>>> principal that if I chose to resign from my position mid- >>>>> year that I would lose my teaching license for the state. I >>>>> have trying searching all sorts of sources to see if this >>>>> information is accurate. I am ready to reach out to someone >>>>> in my HR department or even at the Maryland State Board of >>>>> Education. I feel like that it is bad enough that you >>>>> cannot be considered for employment with another school >>>>> district in the state if you are under contract with one >>>>> school and now this. I feel really trapped in my position >>>>> and I want to find a way out that isn't going to jeopardize >>>>> my ability to retain my license. If it means that I am >>>>> stuck there for the year then so be it, but I would like an >>>>> honest answer from some who knows something.

Dec 28, 2013

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ab On 12/28/13, mark wrote: > Its funny you say I'm not an attorney, but then give incorrect advice about > giving notice, when there is no period of "proper notice." Technically, > she could give 179-day notice on the day school starts, but still face > license suspension if she leaves one day before school ends. If the > district is w...See MoreOn 12/28/13, mark wrote: > Its funny you say I'm not an attorney, but then give incorrect advice about > giving notice, when there is no period of "proper notice." Technically, > she could give 179-day notice on the day school starts, but still face > license suspension if she leaves one day before school ends. If the > district is willing to take it to license suspension, her license will be > suspended. > > Quite honestly, the best course of action for the OP is to work her > contract and then move on from the district. After re-reading the initial > post, she doesn't like her job. She said she was willing to work out the > year, and we are about halfway through the year now. > > Resigning mid-year is a great, big red mark on your resume though if you > want to teach again. I'm not saying it is impossible, but schools don't > like to see it. > > If she absolutely wants to resign, she can submit a request to the board > and/or district superintendent asking to be released from her contract. It > sounds as if she has already talked to her building administrator. I don't > see a problem with her talking to the building administrator. She wants to > leave. It is unlikely the Principal will "boot her out," since that would > mean due process hearings, even for a first year teacher, that would > probably take the rest of the year. Since she wants to resign, it would > seem the path of least resistance for the administrator would be to accept > her resignation if he wanted to eliminate her. > > She should not unilaterally resign, but merely ask permission to quit > from the board. They can't suspend her license if she merely asks to quit. > They will then say yes or no. Honestly, by the time they act on it, it > will be nearly February by the time she quits. That is leaves only 4 > months in the school year. She should stick it out. > > On 12/15/13, anon wrote: >> The fact is you aren't part of the Maryland licensing board, nor are >> you an attorney. >> >> The OP needs to check with the source. >> >> The OP should NEVER have talked with the principal. Talk about cutting >> your nose off to spite your face. That just gives the principal an >> excuse to boot the teacher out. >> >> I seriously doubt any district has EVER sued a teacher for breach of >> contract. They would just go to the licensing board if there was not >> adequate notice. >> >> I also doubt the principal could actually do that. It would most >> likely be left up to the superintendent. >> >> >> On 12/15/13, mark wrote: >>> In Maryland, there is no such thing as ample notice unless it appears >>> in a clause in the contract. My contract doesn't have any escape >>> clause with any period of notice. If you break your contract without >>> permission anytime during the year, they can suspend your license. >>> There are exceptions for medical emergencies or military service. >>> >>> MD has only suspended about 40 licenses since this was put on the >>> books in the 80s. Usually if you speak with the Principal and tell >>> him you want out, he will let you go with notice but he does not have >>> to. It sounds like this person talked to the Principal already and >>> he is talking about license suspension. They want to play hardball >>> here, and there isn't much to be done. >>> >>> They also technically could sue the teacher who violates a contract >>> for damages, such as sub costs and the cost of finding a replacement, >>> but I have never heard of that happening. >>> >>> The best thing to do is finish the year and move on. >>> >>> On 12/13/13, anon wrote: >>>> The post is basically correct. I don't know how it is in MD, >> but >>>> in other states such as Oregon, you can resign during your >>>> contracted term IF you give at least 60 days notice. You will >>>> want to find out from the licensing board in Maryland for sure if >>>> the rules are similar. >>>> >>>> NOT giving adequate notice is a major sin in public education. >>>> You do NOT want to breach a contract without giving ample notice. >>>> >>>> >>>> On 12/13/13, mark wrote: >>>>> Your Principal is correct. MD state law allows a teacher's >>>>> certification to be suspended for up to one year for violating >>>>> an employment contract. >>>>> >>>>> Keep in mind a contract is a legal document. You agree to work >>>>> for a set period of time and they agree to pay you and keep you >>>>> employed. You don't have the right to take other, conflicting >>>>> employment during that time. If you violate it, there are >>>>> consequences, just as there are consequences if you violate a >>>>> mortgage or car loan contract. >>>>> >>>>> If your certification is suspended in MD, then you must answer >>>>> "yes" on every teaching application that asks if you have had a >>>>> license revoked, suspended, etc. This is an employment killer >>>>> nearly everywhere in the US. >>>>> >>>>> Honestly, your best bet is to finish the year. It's already >>>>> December. Soon Christmas break will be here and you will be >>>>> off until January. Then, you have just a bit more than 5 >>>>> months. If you can't handle that, then you likely can't be a >>>>> teacher. >>>>> >>>>> On 11/20/13, Birdie Kass wrote: >>>>>> I am new to the state of Maryland and I was informed by my >>>>>> principal that if I chose to resign from my position mid- >>>>>> year that I would lose my teaching license for the state. I >>>>>> have trying searching all sorts of sources to see if this >>>>>> information is accurate. I am ready to reach out to someone >>>>>> in my HR department or even at the Maryland State Board of >>>>>> Education. I feel like that it is bad enough that you >>>>>> cannot be considered for employment with another school >>>>>> district in the state if you are under contract with one >>>>>> school and now this. I feel really trapped in my position >>>>>> and I want to find a way out that isn't going to jeopardize >>>>>> my ability to retain my license. If it means that I am >>>>>> stuck there for the year then so be it, but I would like an >>>>>> honest answer from some who knows something.

Oct 7, 2014

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