ISBE has issued an explanatory Guidance [1] to address the procedures which prohibit teacher resignation (tenured and non-tenured) within thirty (30) days of the first day of school in the fall [2] to accept another teaching position, unless the teacher first obtains the approval of the school board. The Guidance addresses the procedures and timelines for referring a teacher in violation of the prohibition to the State Superintendent for potential sanctions. A school district cannot suspend a teacher’s license. Only the State Superintendent has the authority to suspend or sanction a license. If the referral and required documentation are not timely, the State Superintendent may reject the referral. Without the required evidence, the Superintendent is not able to act on the referral.
The ISBE Guidance also addresses which teaching positions are covered by the prohibition. For example, the prohibition does apply to becoming an administrator in a different district (if the new position requires licensure under the School Code), but does not apply to a teacher accepting part-time or licensure-preferred positions, resigning to go teach in a different state or to nonpublic teachers who are not required to maintain licensure under the School Code.
Referral to the State Superintendent
If a teacher improperly resigns, the school district may refer the matter to the State Superintendent within ten (10) business days of denying acceptance of the resignation. The school district must notify the teacher of the referral within five (5) business days after it is submitted to the State Superintendent.
The referral must be accompanied by:
- A dated copy of the teacher’s resignation letter;
- A copy of the reporting district’s current school year calendar;
- Proof of the teacher’s employment for the school year at issue;
- Documentation showing that the district’s board did not accept the teacher’s resignation; and
- Evidence that the teacher left the district to accept another teaching assignment.
The nature of the documentation which satisfies the above is described in further detail in the ISBE Guidance.
If the State Superintendent determines at the evidentiary hearing that the teacher’s resignation violated the School Code prohibition, the teacher’s license must be suspended for one (1) calendar year. The School Code does allow a teacher to agree to forgo a hearing and determination in exchange for a lesser licensure sanction at the discretion of the State Superintendent.
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[1] Non-Regulatory Guidance Application of Section 24-14 of the Illinois School Code to Teacher Resignations, July 19, 2024, https://www.isbe.net/Documents/Teacher-Resignation-Guidance.pdf
[2] A “school term” begins on the first day of student attendance and ends on the last day of student attendance. “School year” has the same definition as “school term” for purposes of this guidance. “Outside of a school term” is the period spanning the day after the last day of student attendance in the spring through the day before the first day of student attendance in the fall for the following school year.
Authored by:
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- Scott F. Uhler
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- James P. Bartley
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- Mallory A. Milluzzi
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- Jason A. Guisinger
