A school district employed a principal under a probationary contract. The principal submitted her resignation, indicating her intent to make April 30 her final day. But on April 18, she hand-delivered a letter to the superintendent, rescinding the resignation.

On April 19, the district mailed a letter from the director of staffing that stated that the resignation had been accepted by the human resources department. The letter was dated April 15 and was not signed by an individual delegated by the board of trustees to accept resignations.

The principal filed an appeal with the commissioner of education, arguing that she was entitled to get her job back because she had withdrawn her resignation.
The commissioner of education held that the principal’s resignation never became effective. He noted that while a resignation effective at the end of the school year does not require an acceptance, a resignation during the school year must be accepted by the school board or an individual who has been delegated by a school board to accept resignations.

In this case, the resignation was not accepted by anyone authorized to accept resignations. The resignation was withdrawn before any purported acceptance occurred. The principal was entitled to back pay and benefits and reinstatement to a position in the same professional capacity.