First Regular Session
Sixty-first General Assembly
LLS NO. 970485.01 DFH
HOUSE BILL 971160
STATE OF COLORADO
BY REPRESENTATIVE Grossman
EDUCATION
A BILL FOR AN ACT
CONCERNING THE CREATION OF THE POSITION OF CONTRACT
TEACHER IN THE PUBLIC SCHOOLS.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Creates a new teaching position to be known as contract teacher which would be available to probationary teachers at the end of their threeyear probationary period and to nonprobationary teachers.
Provides that a contract teacher agrees to waive due process rights to dismissal in exchange for receiving a 15% increase in salary over what the teacher otherwise would have made. Provides that the employment contract of a contract teacher is subject to nonrenewal each year for any reason the school district deems sufficient; except that nonrenewal of a contract teacher's contract may not be based on the teacher's refusal to continue as a contract teacher. If the contract teacher's employment is to be continued at the end of the oneyear contract, allows the school district to reemploy the teacher for the succeeding academic year as a nonprobationary teacher or to allow the teacher to continue as a contract teacher under the same alternative arrangement. Provides that a teacher's agreement to be a contract teacher shall be voluntary.
Allows a school district at the end of a teacher's 3year probationary period, if the teacher's employment is to be continued, to grant to the teacher the option of becoming a nonprobationary teacher or of becoming a contract teacher for a oneyear period.
Permits a nonprobationary teacher and a school district to make an agreement in which the nonprobationary teacher becomes a contract teacher and agrees to waive due process rights to dismissal in exchange for receiving a 15% increase in salary over what the teacher otherwise would have earned.
Provides that nothing in this law shall be construed to permit the school district or a teachers' association to waive or limit the rights of a teacher under this law or under the "Teacher Employment, Compensation, and Dismissal Act of 1990".
States that an agreement to become a contract teacher
shall not affect the teacher's professional license, ability to
obtain master certification, ability to advance or receive benefits,
or rights to remediation. Directs that a contract teacher shall
be evaluated in the same manner as nonprobationary teachers.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 2263203 (1), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
2263203. Probationary teachers renewal and nonrenewal of employment contract. (1) The provisions of this section shall apply only to probationary teachers and shall no longer apply when the teacher has been reemployed for the fourth year, EXCEPT AS OTHERWISE PROVIDED IN SECTION 2263203.5.
SECTION 2. Part 2 of article 63 of title 22, Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW SECTION to read:
2263203.5. Contract teachers salary increase legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT GREATER FLEXIBILITY IN THE EMPLOYMENT OF TEACHERS IN PUBLIC SCHOOLS WOULD BE BENEFICIAL TO THE STATE OF COLORADO. THE GENERAL ASSEMBLY THEREFORE DECLARES THAT IT IS THE INTENT OF THIS SECTION TO ALLOW SCHOOL DISTRICTS THE OPPORTUNITY TO OFFER TO ANY PROBATIONARY TEACHER WHOSE EMPLOYMENT IS TO BE CONTINUED UPON COMPLETION OF THE TEACHER'S THIRD YEAR THE CHOICE TO BE RENEWED AS A NONPROBATIONARY TEACHER OR TO BECOME A CONTRACT TEACHER ON A YEARLY BASIS IN EXCHANGE FOR RECEIVING ADDITIONAL SALARY COMPENSATION. THE GENERAL ASSEMBLY ALSO FINDS THAT IT WOULD BE BENEFICIAL TO THE STATE OF COLORADO TO ALLOW A SIMILAR ARRANGEMENT TO BE OFFERED TO NONPROBATIONARY TEACHERS.
(2) (a) THERE IS HEREBY CREATED THE POSITION OF CONTRACT TEACHER. THE POSITION OF CONTRACT TEACHER MAY BE OFFERED TO A PROBATIONARY TEACHER AS PROVIDED IN PARAGRAPH (c) OF THIS SUBSECTION (2) OR MAY BE OFFERED TO A NONPROBATIONARY TEACHER AS PROVIDED IN PARAGRAPH (d) OF THIS SUBSECTION (2). A PROBATIONARY TEACHER WHO HAS NOT COMPLETED THE THREEYEAR PROBATIONARY PERIOD IS NOT ELIGIBLE TO BECOME A CONTRACT TEACHER. A CONTRACT TEACHER IS A TEACHER WHO AGREES TO A ONEYEAR CONTRACT OF EMPLOYMENT WITH A SCHOOL DISTRICT IN EXCHANGE FOR RECEIVING FIFTEEN PERCENT MORE IN SALARY THAN THE TEACHER WOULD OTHERWISE HAVE RECEIVED, BASED ON THE TEACHER'S POSITION ON THE GENERAL SALARY SCHEDULE, IN THE TEACHER SALARY POLICY, OR ON THE COMBINED SALARY SCHEDULE AND SALARY POLICY FOR THE SCHOOL DISTRICT. BY AGREEING TO BECOME A CONTRACT TEACHER PURSUANT TO THIS SUBSECTION (2), SUCH TEACHER WAIVES THE DUE PROCESS PROTECTIONS WITH REGARD TO DISMISSAL GRANTED IN SECTION 2263302 AND THE TEACHER'S EMPLOYMENT CONTRACT IS SUBJECT TO NONRENEWAL EACH YEAR FOR ANY REASON THE SCHOOL DISTRICT DEEMS SUFFICIENT IN ACCORDANCE WITH SECTION 2263203 (4); EXCEPT THAT THE SCHOOL DISTRICT'S NONRENEWAL OF A CONTRACT TEACHER'S CONTRACT SHALL NOT BE BASED ON SUCH TEACHER'S REFUSAL TO CONTINUE AS A CONTRACT TEACHER. ANY AGREEMENT MADE BY A TEACHER TO BE A CONTRACT TEACHER PURSUANT TO THIS SUBSECTION (2) SHALL BE VOLUNTARY.
(b) BECOMING A CONTRACT TEACHER DOES NOT AFFECT:
(I) THE TEACHER'S ELIGIBILITY FOR A PROFESSIONAL LICENSE PURSUANT TO SECTION 2260.5201 OR 2260.5210;
(II) THE TEACHER'S ABILITY TO OBTAIN A MASTER CERTIFICATION PURSUANT TO SECTION 2260.5202 OR 2260.5211;
(III) THE TEACHER'S ABILITY TO ADVANCE WITHIN THE SCHOOL DISTRICT'S GENERAL SALARY SCHEDULE, TEACHER SALARY POLICY, OR COMBINED SALARY SCHEDULE AND POLICY OR TO RECEIVE BENEFITS OFFERED TO NONPROBATIONARY TEACHERS;
(IV) THE TEACHER'S EVALUATION OR REMEDIATION UNDER THE SCHOOL DISTRICT'S CERTIFICATED PERSONNEL PERFORMANCE EVALUATION SYSTEM AND IN ACCORDANCE WITH SECTION 229106.
(c) (I) AT THE CONCLUSION OF THREE YEARS OF CONTINUOUS EMPLOYMENT, AS DEFINED IN SECTION 2263203, IF THE SCHOOL DISTRICT INTENDS TO RENEW A PROBATIONARY TEACHER'S CONTRACT OF EMPLOYMENT, THE CHIEF ADMINISTRATIVE OFFICER OF THE EMPLOYING SCHOOL DISTRICT MAY ENTER INTO AN AGREEMENT WITH THE TEACHER TO BECOME A CONTRACT TEACHER SUBJECT TO THE CONDITIONS OF A ONEYEAR EMPLOYMENT CONTRACT AS DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (2).
(II) IF THE PROBATIONARY TEACHER AGREES TO BECOME A CONTRACT TEACHER, THE CHIEF ADMINISTRATIVE OFFICER MAY RECOMMEND TO THE BOARD THAT THE TEACHER BE RENEWED UNDER A ONEYEAR EMPLOYMENT CONTRACT SUBJECT TO THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (2).
(III) IF THE PROBATIONARY TEACHER DOES NOT AGREE TO BECOME A CONTRACT TEACHER, THE CHIEF ADMINISTRATIVE OFFICER SHALL OFFER THE TEACHER EMPLOYMENT UNDER AN EMPLOYMENT CONTRACT AS A NONPROBATIONARY TEACHER UNDER SECTION 2263202.
(d) THE CHIEF ADMINISTRATIVE OFFICER OF THE EMPLOYING SCHOOL DISTRICT MAY ENTER INTO AN AGREEMENT WITH A NONPROBATIONARY TEACHER TO BECOME A CONTRACT TEACHER SUBJECT TO THE CONDITIONS OF A ONEYEAR EMPLOYMENT CONTRACT AS DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (2). IF THE NONPROBATIONARY TEACHER AGREES TO BECOME A CONTRACT TEACHER, THE CHIEF ADMINISTRATIVE OFFICER MAY RECOMMEND TO THE BOARD THAT THE TEACHER'S EMPLOYMENT STATUS BE CHANGED FROM THAT OF A NONPROBATIONARY TEACHER TO THAT OF A CONTRACT TEACHER AND THAT THE EMPLOYMENT OF SUCH TEACHER BE RENEWED UNDER A ONEYEAR CONTRACT SUBJECT TO THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (2). IF THE NONPROBATIONARY TEACHER DOES NOT AGREE TO BECOME A CONTRACT TEACHER, THE TEACHER'S EMPLOYMENT STATUS AS A NONPROBATIONARY TEACHER SHALL CONTINUE.
(e) UPON THE COMPLETION OF A CONTRACT TEACHER'S ONEYEAR CONTRACT, IF THE SCHOOL DISTRICT INTENDS TO RENEW THE CONTRACT TEACHER'S EMPLOYMENT CONTRACT, THE CHIEF ADMINISTRATIVE OFFICER FOR THE SCHOOL DISTRICT MAY RECOMMEND TO THE BOARD THAT THE TEACHER BE REEMPLOYED UNDER AN EMPLOYMENT CONTRACT AS A NONPROBATIONARY TEACHER UNDER SECTION 2263202 OR MAY OFFER THE TEACHER THE OPTION OF CONTINUING AS A CONTRACT TEACHER FOR ANOTHER ONEYEAR EMPLOYMENT CONTRACT.
(f) IF THE BOARD ELECTS TO NOT RENEW THE EMPLOYMENT CONTRACT OF A CONTRACT TEACHER, THE BOARD SHALL FOLLOW THE PROCEDURES SET FORTH IN SECTION 2263203 (4) FOR NONRENEWAL OF THE CONTRACT; HOWEVER, NONRENEWAL SHALL NOT BE BASED ON A CONTRACT TEACHER'S REFUSAL TO CONTINUE AS A CONTRACT TEACHER.
(3) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PERMITTING EITHER THE SCHOOL DISTRICT OR A TEACHERS' ASSOCIATION TO WAIVE OR LIMIT THE RIGHTS OF A TEACHER UNDER THIS SECTION OR UNDER THIS ARTICLE IN A COLLECTIVE BARGAINING AGREEMENT.
SECTION 3. 2263302, Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBSECTION to read:
2263302. Procedure for dismissal judicial review. (12) THIS SECTION SHALL NOT APPLY TO A PERSON WHO HAS ELECTED TO BE A CONTRACT TEACHER PURSUANT TO SECTION 2263203.5 AND HAS WAIVED HIS OR HER RIGHTS TO DUE PROCESS UNDER THIS SECTION IN ACCORDANCE WITH SECTION 2263203.5.
SECTION 4. Effective date applicability. This act shall take effect July 1, 1997, and shall apply to contracts of employment entered into or renewed on or after said date.
SECTION 5. 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.