ACCEPTANCE OF EMPLOYEE RESIGNATION

BOARD POLICY - 4117.2

Any district employee who desires to resign his/her position shall submit to his/her supervisor or other district administrator written notice of  resignation (paper or electronic) which indicates the date 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.

The Superintendent of the Irvine Unified School District and/or his designee is authorized by the Board of Education to officially accept the resignation of any employee and set its effective date.

Such resignation shall be effective at the time of receipt by the Superintendent or designee, unless the employee and the superintendent or designee agree that the resignation will be effective at a mutually agreed upon date not later than the close of the school year during which the resignation is received. However, an employee and the Board may agree that a resignation will be accepted at a mutually agreed upon date not later than two years beyond the close of the school year during which the resignation is received by the Board. (Education Code 44930, 45201)

Once the Superintendent or designee has accepted a resignation, the resignation may not thereafter be withdrawn by the employee.

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

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

Policy Adopted: June 6, 1984
Policy Revised: March 19, 2013