Due to school district financial problems, an assistant principal was asked to resign and accept a position as a classroom teacher. He did so.

After he accepted the teaching position, however, the district secured a federal grant that funded the assistant principal position for one year. The district then presented the employee with a contract that would employ him as an assistant principal, if he agreed to resign from the district at the end of the school year (when the federal funds ran out). He signed the contract under protest and filed a grievance.

The district denied the grievance, and the employee appealed to the commissioner of education.
The commissioner held that a provision in a teaching contract that requires resignation at the end of a school year or another time is void because it violates the Education Code. School districts cannot mandate the end of the employment relationship in the employment contract.

In reaching this conclusion, the commissioner noted that such a provision would provide even fewer rights than a probationary contract. A school district can end a probationary contract at the end of a school year, but the school board must at least first determine if its best interests are served by ending the contractual relationship, and the district must give the teacher timely notice of its decision.