By Kevin Lungwitz
Not everything goes according to plan. Even when it does, you might still feel like you’re being pushed out by the new administration or board. What are some key issues that arise when you are threatened with nonrenewal or termination and you want to negotiate a resignation agreement?
“Do I Have Any Leverage?”
Yes. Every Chapter 21 contract has rights, and those rights are your leverage. Although the superintendent or HR may insinuate otherwise, a school district cannot fire you immediately. If the district wants to fire you in the middle of any Chapter 21 contract, you are entitled to due process which could take 60-90 days. Leverage rating: A. At the end of a term contract, you are entitled to a nonrenewal hearing before the board, a process that could take 30-60 days. Leverage rating: B. Even at the end of a probationary contract the board must formally notify you that you have been terminated. Leverage rating: D minus. The school district’s implicit or actual threat to get rid of you, and your corresponding made-up leverage rating above, are the crucible in which adversarial resignation agreements are negotiated. Whether you use a lawyer (preferred) or not, here are some of the more common things to consider:
- Never resign in a gotcha meeting. On your way out, your resignation is usually the only thing the district wants from you. It is your ace in the hole. Do not play it until you must. Once played, you cannot take it back. Once played, the district has no reason to negotiate with you. Only resign when you have gotten what is fair in exchange for it.
- This is kind of crazy, but if the district is not in hot pursuit of your resignation, you may have no cards to play. Put another way, if you are a moderately valued employee who has run aground with one supervisor, or who is just burned out, but you have not been asked to resign, do not expect a resignation deal.1
- If you want a good reference, you need to find a trusted person in the district to do this. This is a good reason not to burn bridges on your way out. Lawyer-negotiated references are worthless. Most resignation agreements will say the district will not thwart the employee’s quest for a private reference; but the official district reference will be “neutral.” A neutral reference is also worthless, but at least it may avoid overt negativity. If you trust no one in the district, you will have to look to a previous supervisor and hope for the best.
- It is mostly a myth that your entire personnel file follows you to every job. But it is possible, though not likely, that your evaluations may follow you. If you have a bad evaluation or other negative documents you would rather not be followed by, get the district to agree to keep them confidential from prospective employers. Caveat: State law ultimately controls what is confidential or not.
- How many workdays are left on the contract? How many days of leave do you have? Do you have a legitimate need for paid medical leave? Will the district put you on some sort of paid administrative leave, whether voluntary or not? All of this is beans for the grinder in negotiating your final days of employment. Some people want out now to preserve what’s left of their nerves; others feel a duty to hang in there as long as possible.
- Mend fences, if possible.
Every case is different. The pretend leverage ratings above can go up or down depending on the facts, personalities, politics and laws involved. There are numerous issues to consider beyond those listed above. If you are ever called into a meeting where it is suggested that you resign or face dismissal proceeding, you should not resign on the spot. Instead, contact a lawyer to fully discuss your rights and options.
Kevin Lungwitz practices law in Austin and is a former Chair of the School Law Section of the State Bar of Texas.
Endnote
1If you are burned out and want to resign – even though you have not been asked to, consider the article, “Contract Abandonment: What is it and to whom does it apply?” in TEPSA News, May/June 2025
TEPSA News, March/April 2026, Vol 83, No 2
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Note: Information from Legal Ease is believed to be correct upon publication but is not warranted and should not be considered legal advice. Please contact TEPSA or your school district attorney before taking any legal action, as specific facts or circumstances may cause a different legal outcome.
