Q: What is the timeline for deciding about resignation in the spring for the following year?

A: In keeping with State law, the District will automatically accept your resignation up to June 30th. After that time if you wish to resign the District may not accept your resignation until they have filled your position. As of July 1st the District views a Prob 2 or permanent teacher as being on a binding contract for the upcoming school year.

Q: What is the procedure for resigning?

A: You should submit the “Separation” Form to BUSD. You do not have to state a reason for your resignation.

Q: What is the procedure for requesting permission to resign after June 30th?

A: You should write an email to Assistant Superintendent, Samantha Tobias-Espinosa requesting permission to resign and send it to him as an attachment to an email. You should include a Separation Form with the “last date of service” listed as “TBD”. Be sure to send the email as soon as you know your plans. Please send a copy to BFT so that we can advocate on your behalf. BUSD is likely to respond that they will release you once they have filled your position.

Q: What if I do not show up next year but the District has not accepted my resignation (submitted after June 30th)?

A: Ed Code Section 44433 provides for the possible charge of unprofessional conduct and suspension of a teacher’s certificate for one year if the teacher resigns prior to the expiration of his/her contract. Every salaried teacher has a contract that runs from July 1st to June 30th. In order to leave at any time during that contract period, the District must accept your resignation. BUSD is now routinely filing complaints with the CTC against a teacher’s credential when the teacher leaves BUSD before they are officially released.

Q: Can I resign and leave BUSD employment during the school year?

A: You are under contract to BUSD so you cannot resign during the school year without the permission of BUSD. You can request permission to resign and BUSD can grant this. They may respond to your request by saying that they will release you once they have found a replacement for your position. If this is something you would like to request, please call the BFT office at 510-549-2307 so that we can assist you. If you leave BUSD mid-year before you are officially released BUSD will file a complaint against your credential with the CTC.

Q: Do potential future employers have access to my BUSD personnel file?

A: No, they do not.

Q: If an application for future employment asks if I was “non-reelected” how should I answer?

A: If you resign you should answer “no” as you were not non-reelected. If you are a temporary teacher who has been told you will not be rehired by BUSD next year, you should answer “no” because you were released as a temporary teacher, not non-reelected.

Q: What happens to my benefits if I resign?

A: Under the current BFT/BUSD Collective Bargaining Agreement, if you complete the school year and resign effective as of the last day of school you will maintain your benefits through July 31 unless your contract explicitly says that this will not occur.  

Q: What happens to my sick leave if I resign?

A: If you go to employment in another California K-12 school district your accrued sick leave is transferred to your new district. If you do not go to another California K-12 district your sick leave stays with BUSD and becomes part of your retirement service credit when you retire. It is a good idea to get a confirmation of your current sick leave balance from BUSD when retiring by requesting, via email, a copy of your “STRS Express Benefit” form. You can email this request to Nestor Aliga in the Human Resources office via email. When you retire under STRS all unused sick leave contributes to your retirement.

Q: What happens to my STRS Service Credit if I resign from BUSD and do not take a new teaching assignment in a California K-12 district?

A: There are generally three options regarding your CalSTRS benefits. You can keep your CalSTRS account (until you are retirement eligible), transfer your money to another retirement account (403b) or request a refund. There are tradeoffs with each. Any member considering a change should consult the CalSTRS website for more information.

Q: What resources are available to help me during a difficult time?

A: One good resource is the Employee Assistance Program. This is a free service provided on a completely confidential basis to all BUSD employees. The program includes counseling, financial advising, legal consultations and other services. You can find information about the EAP at the Employee Assistance Program FAQ.

Updated 9/1/23