Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 16-0694.01 Julie Pelegrin x2700 HOUSE BILL 16-1099
                    HOUSE SPONSORSHIP
 Salazar, 
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Education
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the repeal of the requirement for mutual
            consent assignments of nonprobationary teachers.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Under existing law, if a nonprobationary teacher (teacher) is
       removed from a teaching assignment within a school district, the teacher
       must secure a mutual consent assignment at another school of the school
       district within a certain time or be placed on unpaid leave. The bill repeals
       this requirement. The bill requires each school district to assign or dismiss
       with due process each teacher who was unable to secure a mutual consent
       assignment and who was placed and remains on unpaid leave as a result.
       In the new assignment, the teacher must receive the same level of salary
       and benefits that the teacher would have received if he or she had not
       been displaced.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 22-63-202, add (2)
       (c.7) as follows:
            22-63-202.  Employment contracts - contracts to be in writing
       - duration - damage provision - repeal. (2) (c.7)  No later than
       August 15, 2016, each school district shall assign to an
       available assignment within the school district, or dismiss
       pursuant to the procedures specified in section 22-63-302, any
       teacher who held nonprobationary status as of May 20, 2010,
       and was displaced and remains on unpaid leave as a result of the
       requirements of paragraph (c.5) of this subsection (2) as it
       existed before the effective date of this paragraph (c.7). In the
       new assignment, the teacher must earn salary and benefits at
       the same level they would have been had the teacher not left
       the previous assignment.
            SECTION 2.  In Colorado Revised Statutes, 22-63-206, repeal (5)
       as follows:
            22-63-206.  Transfer - compensation. (5)  Nothing in this section
       shall be construed as requiring a receiving school to involuntarily accept
       the transfer of a teacher. All transfers to positions at other schools of the
       school district shall require the consent of the receiving school.
            SECTION 3.  In Colorado Revised Statutes, repeal 22-63-202 (2)
       (c.5).
            SECTION 4.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.