Can Texas Teachers Just Quit? Resignation, Burnout, and Certificate Risk

When a teacher is burned out, frustrated with administration or feeling pushed out of the classroom, resignation starts to feel like the easiest way forward. But for Texas educators, walking away from a contract can carry consequences that follow them long after they leave a district or campus.

We sit down with LaJuana “LJ” Acklin, a senior associate attorney at Bertolino LLP, to discuss what Texas teachers should understand before resigning, especially during the summer months when many educators are deciding whether to return to their district, change schools, or considering leaving the profession altogether. We talk through why an educator certificate still matters, how campus evaluations, investigations, and student-related allegations can become part of a much larger record, and how contract abandonment can lead to certificate discipline.

LJ also explains the 45-calendar-day resignation deadline before the first instructional day of the upcoming school year, what “good cause” may look like, and why teachers should think carefully before resigning under pressure from administration. The conversation also discusses grievance options, documentation, communication with the district, leave options, and why getting legal guidance early does not make an educator look guilty — it helps them understand their rights and protect their professional future.

For Texas teachers who feel burned out, overwhelmed, or unsure whether they can keep going, this episode offers an opportunity to understand the rights and options they may have before making an emotional decision that has a potential impact on the certificate they worked hard to earn.

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Transcript

Disclaimer And Purpose

SPEAKER_00 0:00

The purpose of this podcast is to educate and inform. It does not provide legal advice. It does not create an attorney-client relationship. While the host is not a lawyer, the content is overseen by licensed counsel. If you need help with a legal matter, you should always consult with a qualified attorney.

Burnout And Why Certificates Matter

SPEAKER_01 0:15

Teaching is an incredibly meaningful profession, but it can also become overwhelming very quickly. Between classroom demands, student behavior, parent complaints, administrative pressure, documentation expectations. Some educators are burnt out, or they're reaching a point where they feel like they just want out of the profession. So often here, the breakup is really misunderstood. Walking away from a job is not always the same thing as walking away cleanly from your professional obligations as an educator in Texas. Your certificate history can follow you long after you leave a campus, a district, or even the profession altogether. This is Know Your Regulator. I'm your host, Simone Murfrey, and today we're breaking down why teachers should continue to care about their certificate, even if they're burnt out, even if they're being pushed out, or even if they are seriously considering leaving the education field altogether. I'm joined by Senior Associate Attorney at Verdolino Law Firm, Lawana Aklin, to dive into what teachers should know before they resign, before they respond to discipline, before they ignore a complaint, or they assume that their certificate no longer matters. LJ, thank you so much for joining me.

SPEAKER_02 1:25

Good morning, Simone. I am as well. Let's have a good conversation about teachers.

SPEAKER_01 1:30

Yes. So something big that's happening right now, teachers, they're feeling burnt out. They're feeling maybe pushed out by their administration, their colleagues, whatever it may be. I think in that situation, it can be really tempting to say, well, I just don't even care about teaching anymore. I just want to go do something else. But from a legal or a regulatory perspective, why should teachers still continue to care about their certificate even if they're burnt out or they feel like they're done, basically?

SPEAKER_03 2:00

So, first, that certificate that the educator has, they worked very hard for that certificate. In addition to their education, they have to take an exam, which is quite difficult in order to obtain their certificate. And that certificate says that they are essentially experts in that educational field. So when you look at a certificate for an educator, it will state what the certification is for. That means that they have all of the knowledge to educate students in that particular realm. For example, if you have a special education certificate, of course, you are certified and you are essentially an expert in educating our special education students. So all of that hard work our educators put into that certificate, it should be protected and it should be protected beyond where they are now as far as where they are educating students.

SPEAKER_01 3:02

When you look at these types of situations, what really separates like a typically difficult work environment that a teacher is experiencing from a situation where a teacher needs to really start strategically thinking about protecting their certificate?

SPEAKER_03 3:20

Well, I think that should always be in the forefront of an educator's mind, no matter where they're working at the time, is long-term. How do I ultimately protect what I've worked hard for? Because that certificate is essentially the educator's brand. Even if an educator wants to leave the classroom by having an active certificate, they can use that and they can use that as a marketing point to venture into other themes. For example, if the educator wants to begin consulting or if they want to begin their own tutoring business in that particular where they have their own expertise and things like that. Yeah. Right, right, right, right, right. Well they have a, yeah, right. They have where they have the expertise. So those things should always be at the forefront. So, but within the classroom and within the district, you should the teacher should always think about how they're communicating and what could be the potential pitfalls that may lead to a potential sanction against their certificate. And usually what that comes down to is how they interact with their students and how they perform when they're educating their students. You know, our students take standardized tests every year, and our teachers are tasked with making sure they're ready for those tests. And they do that by looking at what is taught and looking at the metrics and the growth of the student. And if the student isn't growing or if it's not reflected in the metrics, then of course they may lead to performance problems, which can lead to not following district policy, which can lead to things that we want to avoid with that certificate. So always think about in when you're, although you're educating your students is paramount, also what's equally as important is protecting the certification that allows you to educate students in Texas.

SPEAKER_01 5:25

Yeah, no, and I think that you made a really big point there that like even if you don't, if if you're done with the district or the classroom and you still want to, you know, go open your own tutoring business, yeah, that certificate is absolutely gonna hold some weight there, and you may not be able to do those things or venture out into, you know, something that may be less stressful, maybe is more, you know, honed into what you have ultimately be been looking for in teaching.

How District Issues Become TEA Reports

SPEAKER_01 5:55

So let's talk about that administration pressure and the certificate risk and the overlap there. What are some ways that a campus or a district issue can start building into something much bigger?

SPEAKER_03 6:12

So if there are issues within a classroom, if there are issues with other colleagues, that could lead to recommends. Most districts have graduated discipline, meaning that you may receive a warning, and then after that, it may graduate to something more severe, even an investigation that can lead to administrative leave, contingent on what the complaints or the allegations are. So those things can lead to again being escalated, especially if in if it uh leads to like a separation employment, it can escalate to TIA because contingent on what the allegations are or what has occurred, the school district may have to report you, it may be mandated. Like, for example, if there are allegations regarding student educator boundaries, those types of issues, if they escalate, not only will lead to a pending investigation with the school and a district, but they are mandated to report that to Tia, which can lead to a sanction on your certificate. So those are very important. And since we're talking about burnout, I think we have to talk about when it comes down to the stress of the job because it is inherently stressful to educate our students because of everything that it comes with and what they're tasked to do. We have to look at whether or not you have an opening to resign if it does become too much for a student for an educator. And sometimes you may not, because there are parameters in which you can't resign. Typically, if you have a contract and you're going to a new school year, you have to resign, I believe, 45 days before without any penalties. If you're in the middle of a contract, unless you have good cause to resign, for example, you're moving with a spouse, you have a verifiable illness, or there's some reason that you can resign, you may find yourself in a contract abandonment situation. Now, when it comes down to your certificate, that's really important because if you are found by the Texas Education Agency that you've abandoned your contract, it's an automatic your suspension. And they're very strict about that. So when it comes to the stresses of the job and you feel like you want to resign, make sure you look at your options and if that's a viable option at the time.

SPEAKER_01 8:48

Yeah, no, I think that's something that a lot of educators don't understand is that no, you cannot just up and leave. You and and even if you, you know, do want to do that, you have to have special circumstances and they're pretty, you know, very easily outlined by the state of what those circumstances are. And if you don't fit into those boxes, yeah, you could have some real long-term consequences. And again, teachers just may not realize that this, you know, the the paper trail is kind of shifting toward that reporting and that disciplinary action. So

Resignation Deadlines And Contract Abandonment

SPEAKER_01 9:28

what is what would you say is the most important thing that teachers should understand about these situations? I know that, you know, to know it matters, but they really don't understand how quickly that some of these things can become evidence. What are maybe some red flags that they could look out for to know, like, hey, this is escalating, and maybe I should go seek some legal guidance or find some special protection for myself.

SPEAKER_03 9:56

Well, if you find yourself in a situation to where there's already been counseling from either your team lead or from your assistant principal or your principal, then that's when you really should start looking for an attorney because what people don't understand once there's been counseling, that typically gets the ball rolling. And now the school district probably watching you more closely to see if there's any other infractions in which they need to explore. So, and also too, it's important to look at what the counseling is about. If it's about something directly dealing with a student and the that's adverse to the student or something that will be perceived as adverse to the student, then definitely seek an attorney because more than likely that can be a slippery slope to something that is adverse to your certificate later on. So it's better to go ahead and just get some counseling from an attorney, an attorney that specifically practices administrative law and that have dealt with cases before school districts on educator contract matters matters, as well as with the Texas Education Agency, so you can get some guidance on what the next steps should be, right? And what your legal goals should be. Because most teachers they teach because they have a passion for educating students. They don't do it for the money, they don't do it for any prestige, and they really want to do that job. But sometimes, you know, in life and in any uh employment capacity, you'll have those issues to where there may be personality conflicts. There may be conflicts with a student that's inadvertent to what the uh educator's intentions were, but those things can still lead to potential problems. Anything that you see that can develop and that can possibly affect your certificate down the line is better to get ahead of those things now.

SPEAKER_01 12:00

Yeah, no, absolutely. And you don't want to try and handle something like that on your own and really kind of put your foot in your mouth because that's you know where the record starts being built, and that's where things really um, you know, become could become permanent and things could become damaging. So um, yeah, absolutely call an attorney. Don't try and um answer those questions or attend those meetings by yourself. Um, it can be really, really damaging. And like we have mentioned earlier, one of the biggest pressure points for teachers is resignation. We, you know, mentioned it in our last podcast that we did with special education teachers. It's really timely during the summer because teachers are deciding whether they really want to return. Are they wanting to go back to the same district, the same classroom? Are they wanting to move districts? Are they wanting to leave education altogether? From your perspective, when they're kind of mulling all of this over, when they're thinking about resigning, maybe leaving altogether, what should they understand the most? What's most important?

SPEAKER_03 13:06

There are strict deadlines to resigning. You have to do it 45 days before the first day of instruction. So look at your district's calendar. When do you start a school? So if you're looking to leave your district or just to pivot in general, make sure that you have the timeline to do so without penalty. Because if you do it after that deadline, then that's when the clock can start with the penalty with those penalties. Okay. Unless, like we stated before, there's good cause within that timeline. But if you miss that timeline, then we're looking at a contract abandonment issue, which can lead to sanctions and that year suspension that we discussed earlier. So that's the main thing. Make sure you're within your timeline to do it without a penalty. If you're within that timeline, then look to see if you have any good cause reasons as to which you can go ahead and resign. Are you moving? Do you have a verifiable illness that will not allow you to do the job? Do you have any situations with your children that won't allow you to both do the job and take care of your children? Those are the things you really want to siphon out before you put in any resignation. Because other than that, then you may put yourself in a place to where you may put your certificate at risk. And we don't want that for our educators.

SPEAKER_01 14:33

No, exactly. It's really, it sounds like it's just like really about protecting it long term and kind of when you have that, oh my God, I just want to quit moment, that you just take a step back and kind of think about overall, you know, the big picture.

Red Flags That Need Legal Help

SPEAKER_01 14:48

So, what about teachers who feel like they are under pressure from their administration and they are told that resigning will just make everything go away and that they're not gonna report them. What advice would you have to those teachers?

SPEAKER_03 15:06

That's where you really should obtain an attorney if you're told that. Because contingent on what the issues are that may not be advantageous for you. And I'll give you an example. Let's say that there have been some issues and something we didn't touch before, but we should, it kind of goes with their counseling, is your evaluations. Educators have evaluations. So if your evaluations are adverse to what's been going on in your classroom, or you don't think they're congruent to what you are doing in the classroom and they're not the best evaluations, that may be a signal that they may be looking at you further. That can cause issues down the line. But if you're experiencing that pressure from your administration and they're telling you, hey, you may just want to resign, usually that may be in a context that they are doing some sort of investigation or, you know, there's been some sort of disciplinary action before. So you have to look at whether or not resigning is in your best interest. Because sometimes it isn't. Sometimes allowing them to terminate your contract may be better because the reasons why they're terminating, they may not really have the legal basis to do so. But you wouldn't know that unless you spoke uh with an with an attorney. For example, let's say that they want to fire you, determinate you for not following district policy. Well, what is the district policy they're seeing you not follow? Is there a paper trail? Have you kept your own paper trail? Have you been in communication? Is it just a disagreement or is this truly an issue to where they have evidence you did not follow the policy? If it's incongruent as far as what may have occurred versus what they can show, show occurred, you may not want to resign, right? You may because if you resign, you can't protect your, you can't protect your remedies legally. Because if you are terminated, you can appeal that termination. You can go to an independent hearing examiner and have a hearing based on those issues. But if you resign, you you waive that. Also, too, there are grievance processes within districts. You just don't want to resign when you may have a grievance process that may be able to sort out whatever issues that are being presented to you, right? So you want to exhaust your available remedies before you resign. And if you resign, often waive those rights.

SPEAKER_01 17:48

Yeah, and I think a lot of teachers don't understand that they're they have rights at that stage, that they have support, that there are avenues that they can, you know, they can go through, hopefully with a lawyer, to sort of um either appeal or, you know, basically they get their day in court to say, hey, no, this is this is the full story, and um, you know, this is how I see it. And so I think a lot of educators don't realize that they can have that, they can have that basically due process with their contracts and their their certificates. And um, yeah, if you if you resign, you're basically saying, I don't need any of that, I don't want any of that. And um, you could have some some legal remedies there. So if we have a teacher who says, you know, I'm done, I just can't do another year, I don't want to go back, what should they be doing this summer before that contract abandonment deadline, which I think we said was 45 days before the beginning of the school year, what should they do this summer?

SPEAKER_03 18:58

They should look at their timeline. Where are they? Well, make a decision first. Do you want to go back to the district or do you not? Once you make the decision, now look at your timeline. When does school start in your in your district? And do you have enough time to resign without penalty? Okay. If you do, then submit your resignation and then you can separate from the district. However, if you fall within that deadline, think you should look at well, do I have any good cause reasons as to me resigning without incurring a penalty on my certificate later, incurring that your suspension that TU will give you if you do abandon your contract. Look at everything. And then also to look to see if you do have a good cause, do you have appropriate documentation to support that you have

When Resigning Hurts Your Rights

SPEAKER_03 19:48

that good cause? And if you do, then you can submit your resignation to your district. You can show your supporting proof and documentation that you do have good cause, and then that way you can still resign. Now, the district may state that you don't have good cause, but then if you have your documentation to back it up, if they escalate it, then you'll have an argument before Tia that I did have good cause. Here's my documentation, and you can still avoid a sanctioning that. So that is the main thing. Make sure that you make your decision and make sure you can operate within a timeline from the uh board.

SPEAKER_01 20:27

So yeah, and I think, like we mentioned, all of this is so much easier when you have an attorney who is kind of doing all of this legwork for you and putting all of this together. I mean, you have to go back and you've got to find the documents, but your attorney can kind of piece that together. And I think that's such an important part of what we're talking about here because I mean, sure, you could go in and you could represent yourself pro se, but you you are really missing out on a lot of the rights and options. And we've kind of been outlining just exactly how an attorney can really help your case when it comes to contract termination, when it comes to being reported to Tia. So I think one thing I wanted to talk to you about was that a lot of license holders feel like when they do get representation, that it may make them look guilty or it may make them look like, you know, it may make them think that it's going to kind of escalate the conflict, that things are just going to get more aggressive from here, but it really doesn't. What would you say to those people who may think that an attorney can make them look guilty or can escalate things? What is your perspective on that, on how an attorney can help?

SPEAKER_03 21:39

Excellent question. So obtaining counsel doesn't make anyone look guilty, but it makes that person look prepared. It makes that person look as if they're serious about any sort of issue that can arise, even if it does escalate, anything that can arise that they're prepared for and they have sought an individual. Individu that can navigate the issue for them to make the issue easier. One of the things that we see often is the sheer difference between someone that navigates a process on their own versus having an attorney early. Having an attorney early before any problems will arise, or even if they, like I said, escalate, it always makes the process easier. A, the license holder can relax because they have someone advocating on their behalf and they're doing that footwork for them. Two, with knowing the ins and outs of the law, and then couple that with the facts, we can almost always get a better outcome for that individual. And I say almost always because we cannot guarantee outcomes, but the outcome that you may receive on your own will probably

Summer Checklist To Leave Safely

SPEAKER_03 22:58

not be as positive as if you have counsel going in with.

SPEAKER_01 23:04

Yeah, no, absolutely agree. And we've seen it firsthand. We see clients who who come to us after they've either obtained the wrong type of representation or they have tried to do things on their own and now they're at a hearing and they're going, oh my gosh, I don't know what to do or how to prepare for this. So yeah, I we we see it firsthand, like I said. So I think, you know, really the main takeaways here are this summer. If you are a teacher and you're considering resigning, take this time to make a thoughtful decision if you're feeling burnt out or you know, if you feel like you're being pushed out by your administration, take this summer to really think about your position and and your rights and your options and what you want to do. Um, and make sure that you're looking at that timeline because Texas is strict about that 40, 45 day, 45-day deadline. So, yeah, make the most of what you have with your options and again get some clarity from an attorney if you need it for sure. Well, LJ, thanks so much for joining me today. Anything else that you want to add?

SPEAKER_03 24:15

Yeah, I

Leave Options And Paper Trail Habits

SPEAKER_03 24:16

do. I think what's important is sometimes, because burnt out can happen at any time, right? And you if you feel yourself being burnt out during the school year, look into your options. You know, we talked about grievance, we talked about resigning versus, you know, the other alternatives, but also look to see if you have a family medical leave act. Can you take a can you take a leave of absence, right? But that also connects back to communication. It's so important to communicate with your school and with your district as to what may be happening. Because in most employers and schools are included with this, they have open door policies. You can have those conversations about what may, what may, what should shift in order so that the educator can have what they need. Educators are very important to our society, and it's very important that they're protected and they have a way to navigate any sense stressful situations that may be inherent to the profession. And one of the ways that can happen is have an open communication. If you're having a medical issue that's being exacerbated by the environment, make sure they know that. So if you do have to file a grievance, or if it comes down to you're being investigated because of an incident with another student, or you know, you've been counseled on not following district policy, you've already had those conversations. So they're very aware of what may be going on, right? It just helps you and it also helps the district. And if you have to escalate any issue, you've already been building your communication and you can show that. So that's very important. I think the foundation is communication because it is the building blocks to everything else that can ultimately help you protect your certification in the end. Our teachers are important. So if our teachers are feeling burnt out, communicate. And then if you have to build, you know, keep keep your own records and then exercise all the options available to you. Resignation sometimes is just not the best option. There's a grievance procedure. You need to put in, you know, you need to file a grievance. Do all of those things to just protect your rights because ultimately, if they report you to the Texas Education Agency, that can be an uphill battle for possibly incurring a sanction that you probably could have resolved that beforehand.

SPEAKER_01 26:57

So yeah, no, two really, really great points that you've made. I mean, yeah, look into what options that you may have with going on some sort of leave. I mean, that's what it's there for, right? And absolutely just make sure that you're kind of communicating clearly and you know, you're building your own sort of paper trail with that too. You're protecting yourself in that. So absolutely great points, LJ. Thanks for joining me and breaking this down. I know that our teachers are really frustrated, but like we were talking about, it's it's justified. We understand that, but we also want you educators to keep thinking about your license protection when you have that in your mind. And just don't let one emotional action really create this domino effect of consequences that can follow you.

SPEAKER_03 27:50

Yeah. And I know a lot of our educators may feel as passionate as they are about their profession that they're overworked, underpaid, and have no options. You definitely have options. You just probably need to consult counsel so you can explore what those options are at the time. Again, it's always a good idea just to take a consultation so you can have a conversation to protect that certification.

SPEAKER_01 28:20

Yep. Agreed. Well, thanks so much,

Final Takeaways And Subscribe

SPEAKER_01 28:23

LJ. If you are an educator dealing with contract issues, administrative pressure, student safety concerns, or maybe you have a complaint involving your certificate. Either way, do not wait until the situation has already escalated. Stay informed, document carefully, get clarification and guidance when you need it. The earlier, the better. Be sure to subscribe to Know Your Regulator so you never miss an episode or an update about the rules and regulations impacting your professional license. Until next week, stay inspired and continue engaging with your regulatory agency.

SPEAKER_00 28:58

Know Your Regulator, the podcast that inspires you to engage.