A complaint was filed against a teacher with the State Board for Educator Certification by a school district, alleging that the teacher had abandoned his contract with the district and asking that his teaching certificate be sanctioned. The teacher requested a hearing regarding the complaint.

At the hearing, the teacher introduced evidence that showed he signed a contract with the district in June. Shortly afterward, he was notified by the district that after reviewing his criminal history, he was not eligible to be hired. The teacher appealed that decision with the district. While the appeal was pending, he began to look for jobs elsewhere. He secured employment in another district and the deadline for him to unilaterally resign passed. Afterward, he was notified that his appeal with the first district had been granted. When he informed the first district that he had found another job and asked to be released from his contract, the district refused to release him and reported him to the State Board for Educator Certification for contract abandonment.

A teacher’s certificate may be sanctioned if the teacher resigns without good cause and without the consent of the district after the 45th day prior to the first day of instruction. In this case, the administrative law judge determined that good cause did not exist. Therefore, since the teacher had resigned without the consent of the district and the deadline had passed, the teacher’s certificate was subject to sanctions.