HOUSE BILL 971117
BY REPRESENTATIVES Entz and Dean;
also SENATOR Dennis.
CONCERNING RESIGNATION OF SCHOOL DISTRICT EMPLOYEES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2263202 (2) (a),
Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
2263202. Employment contracts
contracts to be in writing duration damage
provision. (2) (a) Every
employment contract executed pursuant to this section shall contain
a damages provision. Pursuant to said provision, a teacher or
chief administrative officer shall agree to pay damages to the
school district, and the board thereof shall be authorized to
collect or withhold damages from compensation due or payable to
said teacher or chief administrative officer, in an amount up
to and including
onetwelfth of the annual salary specified in said employment
contract. Said damages shall be paid by the teacher or chief administrative
officer or withheld from the teacher's or chief administrative
officer's salary if said individual abandons, breaches, or otherwise
refuses to perform services for said school district pursuant
to the contract, unless the teacher or chief administrative officer
has given written notice to the board thereof on
or before July 1 NO LATER THAN THIRTY
DAYS PRIOR TO THE COMMENCEMENT OF THE SUCCEEDING ACADEMIC YEAR
that the teacher or chief administrative officer will not fulfill
the obligations of said individual's contract during the succeeding
academic year (or, if a school district operates an alternative
year program, said notice shall be given to the board not less
than fortyfive days
THIRTY DAYS before the commencement of services under the employment
contract) or after the beginning of the academic year, unless
the teacher has given at least thirty days' written notice to
the board thereof during the academic year to the effect that
the teacher or chief administrative officer wishes to be relieved
of said individual's contract for the remainder of the year as
of a certain date. Said damages shall not exceed ordinary and
necessary expenses of a board to secure the services of a suitable
replacement teacher or chief administrative officer.
SECTION 2. 2263203 (3),
Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
2263203. Probationary teachers
renewal and nonrenewal of employment contract.
(3) A probationary teacher employed by a school district
on a fulltime basis shall be deemed to be reemployed for
the succeeding academic year at the salary that the probationary
teacher would be entitled to receive under the general salary
schedule, the teacher salary policy, or the combination schedule
and policy, whichever is appropriate, unless the board causes
written notice to the contrary to be given to said teacher on
or before June 1 of the academic year during which said teacher
is employed. Such teacher shall be presumed to have accepted such
employment for the succeeding academic year unless said teacher
causes written notice to the contrary to be given to the board
on or
before July 1. NO LATER THAN THIRTY
DAYS PRIOR TO THE COMMENCEMENT OF THE SUCCEEDING ACADEMIC YEAR.
SECTION 3. Effective
date. This act shall take effect August 15, 1997.
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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO