First Regular Session
Sixty-first General Assembly
LLS NO. 970630.01 MTJ
SENATE BILL 97168
STATE OF COLORADO
BY SENATOR Blickensderfer
EDUCATION
A BILL FOR AN ACT
CONCERNING THE TERMINATION OF TEACHERS.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Requires every teacher to be employed pursuant to an employment contract. Requires every teacher employment contract to be for a definite period not to exceed one year. Provides that a teacher employment contract shall not create any property right or contract right, express or implied, to employment after the expiration of the contract.
Makes every teacher contract subject to nonrenewal on an annual basis. Removes provisions applicable solely to probationary teacher contracts. Authorizes the chief administrative officer of a school district to not renew the employment contract of any teacher for any lawful reason; except that renewal may not be denied based solely on the teacher's compensation or length of service. Provides that a school district need not comply with a teacher's request for the reasons underlying contract nonrenewal. Provides that a school board shall not agree to make the reasons for nonrenewal a grievable action.
Authorizes dismissal of a teacher with or without pay. Limits dismissal without pay to immorality, insubordination, conviction of a felony, or a deferred sentence for a felony. Provides that a teacher dismissed without pay shall not receive any remaining compensation under the employment contract. Authorizes a teacher dismissed without pay to object to the notice of intent to dismiss without pay and to obtain judicial review of the board's determination. Provides that a teacher dismissed with pay shall continue to receive all remaining compensation under the employment contract, and shall not have a right to object or to judicial review.
Provides a procedure for dismissal without pay, and places the burden upon the chief administrative officer to prove that dismissal without pay was proper. Provides that the hearing officer must make a recommendation either for dismissal without pay or dismissal with pay no later than 5 days after the conclusion of the hearing. Requires the board to review the hearing officer's recommendation. Authorizes a teacher dismissed without pay to file an action for review in the court of appeals.
Creates a procedure for dismissal with pay.
Prohibits a school district from entering into any contract inconsistent with the provisions of the act.
Removes references to probationary teachers.
Makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 2260.5111 (1) (f), Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
2260.5111. Authorization types applicants' qualifications. (1) Pursuant to the rules and regulations of the state board of education, the department of education is authorized to issue the following authorizations to persons of good moral character meeting the qualifications prescribed by this section and by the rules and regulations of the state board of education:
(f) A type VI authorization, temporary,
authorizes a school district to employ a person who is certified
or licensed as a teacher, special services provider, principal,
or administrator in another state and has not successfully completed
the assessment of professional competencies to obtain a provisional
license under section 2260.5201 (1) (b),
2260.5210 (1) (a), 2260.5301 (1) (a),
or 2260.5306 (1) (a). A type VI temporary
authorization is valid for two years and may not be renewed. The
employing school district may include the period during which
a person works under a type VI temporary authorization toward
the three full years of continuous employment necessary to cease
being a probationary teacher pursuant to section 2263103 (7).
SECTION 2. 2263103 (4), (5), and (7), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:
2263103. Definitions. As used in this article, unless the context otherwise requires:
(4) "Dismissal" means the involuntary
termination of employment of a teacher PRIOR TO THE EXPIRATION
OF A SPECIFIC CONTRACTUAL PERIOD for any reason other than a justifiable
decrease in teaching positions.
(5) "Nonrenewal" means the involuntary
termination of employment of a probationary
teacher by a board at the expiration of a specific contractual
period.
(7) "Probationary
teacher" means a teacher who has not completed three full
years of continuous employment with the employing school district
and who has not been reemployed for the fourth year.
SECTION 3. 2263202 (1) and (3), Colorado Revised Statutes, 1995 Repl. Vol., are amended, and the said 2263202 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
2263202. Employment contracts contracts to be in writing duration damage provision. (1) Except for a parttime or substitute teacher:
(a) EVERY TEACHER SHALL BE EMPLOYED PURSUANT TO AN EMPLOYMENT CONTRACT;
(b) Every employment contract entered into by any teacher or chief administrative officer for the performance of services for a school district shall be in writing;
(c) EVERY EMPLOYMENT CONTRACT SHALL BE FOR A DEFINITE PERIOD NOT TO EXCEED ONE YEAR AND SHALL NOT CREATE ANY PROPERTY RIGHT OR CONTRACT RIGHT, EXPRESS OR IMPLIED, TO EMPLOYMENT AFTER THE EXPIRATION OF THE CONTRACT. THERE SHALL BE NO PRESUMPTION OF EMPLOYMENT AFTER EXPIRATION OF THE CONTRACT.
(3) A teacher may be suspended temporarily
during the contractual period until the date of dismissal as ordered
by the board pursuant to section 2263302 or may have
his OR HER employment contract cancelled during the contractual
period when there is a justifiable
decrease in the number of teaching positions. The manner in which
employment contracts will be cancelled when there is a justifiable
decrease in the number of teaching positions may be included in
any contract between the board of education of the school district
and school district employees. If there is no such contract provision,
when a justifiable
reduction in the number of teaching positions within a particular
endorsement area occurs, the employment contracts of firstyear
probationary
teachers who are occupying such positions shall be cancelled first.
Further reductions in the number of teaching positions through
the cancellation of employment contracts of secondyear and
thirdyear probationary teachers
and nonprobationary teachers shall
be made in accordance with an established policy of the board
of education of the school district. The provisions of this subsection
(3) concerning the cancellation of employment contracts shall
not create any property right or contract right, express or implied,
for secondyear and thirdyear probationary
teachers AND SHALL NOT LIMIT THE ABILITY OF THE BOARD OF EDUCATION
TO DISMISS OR NOT TO RENEW THE CONTRACTS OF OTHER MORE SENIOR
TEACHERS.
(4) A SCHOOL DISTRICT SHALL NOT ENTER INTO ANY CONTRACT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION.
SECTION 4. 2263203, Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
2263203. Renewal and nonrenewal
of teacher employment contracts. (1) The
provisions of this section shall apply only
to probationary
ALL teachers. and shall no longer
apply when the teacher has been reemployed for the fourth year.
(2) (a) During
the first three school years that a teacher is employed on a fulltime
continuous basis by a school district, such teacher shall be considered
to be a probationary teacher whose
EVERY TEACHER'S employment contract may
SHALL be subject to nonrenewal in accordance with subsection (4)
of this section. A school district
may also consider a teacher employed on a parttime continuous
basis by such district and by a board of cooperative services
to be a probationary teacher whose contract may be subject to
nonrenewal in accordance with subsection (4) of this section.
An employment contract with a probationary teacher shall not exceed
one school year.
(b) For purposes
of paragraph (a) of this subsection (2):
(I) A probationary teacher who
is employed as a teacher in an alternative year program is deemed
to be employed on a fulltime basis during a school year
if he performs services for at least the minimum period during
which a pupil must be enrolled in any twelvemonth period.
The employment of any such probationary teacher as a teacher in
such an alternative year program for such minimum period in successive
twelvemonth periods shall be deemed continuous.
(II) A probationary teacher who
is employed after the first day of the academic year is deemed
to be employed for a full school year if the period of continuous
and uninterrupted employment during that year includes the last
ninety school days of the academic year.
(III) The three school years of
continuous employment required for the probationary period shall
not be deemed to be interrupted by the temporary illness of a
probationary teacher. A leave of absence approved by the board
of a school district or a military leave of absence pursuant to
article 3 of title 28, C.R.S., shall not be considered to be an
interruption of the continuous employment required for the probationary
period, but the time of such leaves of absence shall not be included
in computing the required probationary period.
(IV) The three school years of
continuous employment required for the probationary period shall
not be deemed to be interrupted by the acceptance by a probationary
teacher of the position of chief administrative officer in said
school district, but the period of time during which such teacher
serves in such capacity shall not be included in computing said
probationary period.
(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.
(4) (a) The chief administrative
officer of the employing school district may recommend that the
board not renew the employment contract of a probationary
teacher for any LAWFUL reason he
THE CHIEF ADMINISTRATIVE OFFICER deems sufficient; EXCEPT THAT
THE CHIEF ADMINISTRATIVE OFFICER SHALL NOT RECOMMEND NONRENEWAL
OF AN EMPLOYMENT CONTRACT BASED SOLELY ON THE TEACHER'S LEVEL
OF COMPENSATION OR LENGTH OF SERVICE. If the board, based upon
such recommendation, does not renew the employment contract of
a probationary
teacher, such teacher shall be given a written notice of contract
nonrenewal.
(b) (I) A probationary
teacher who is given a written notice of contract nonrenewal may
request and, if requested, shall receive,
the reasons for nonrenewal from the chief administrative officer
of the employing school district. THE DISTRICT SHALL NOT BE REQUIRED,
BY CONTRACT OR OTHERWISE, TO COMPLY WITH SUCH A REQUEST.
(II) It is the intent of the general assembly
that the provision to a probationary
teacher of the reasons for contract nonrenewal not create any
property right or contract right, express or implied. However,
A board may, but shall not be required
to, SHALL NOT agree by contract or
school district policy to make the reasons for nonrenewal a grievable
action. If a state appellate court or a federal court determines
that such a property right has been created and the time for all
appeals has passed, this paragraph (b) shall be repealed. The
court making such a determination shall be required to transmit
a copy of the court's decision to the revisor of statutes. The
effective date of the repeal of this paragraph (b) shall be the
date the revisor of statutes receives notice from the court that
such decision has been made and that the time for all appeals
has passed.
(5) A probationary
teacher may be suspended temporarily during the contractual period
until the date of dismissal as ordered by the board pursuant to
section 2263302.
(6) A SCHOOL DISTRICT SHALL NOT ENTER INTO ANY CONTRACT INCONSISTENT WITH PROVISIONS OF THIS SECTION.
SECTION 5. 225117, Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
225117. Employment of teacher
transferred from school district. Any
teacher transferred from employment in a school district which
THAT is a member of a board of cooperative services to employment
in said board of cooperative services shall retain the employment
status he
THE TEACHER had attained prior to his OR HER transfer to the board
of cooperative services, including credit for years of service
as a probationary
teacher as provided in article 63
of this title, in the school district
from which he OR SHE transferred.
SECTION 6. 2263301, Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
2263301. Dismissal with
or without pay. (1) A teacher
may be dismissed for physical or mental
disability, incompetency, neglect of duty,
WITH OR WITHOUT PAY. REASONS FOR DISMISSAL WITHOUT PAY SHALL BE
LIMITED TO immorality, unsatisfactory
performance, insubordination, the
conviction of a felony or the acceptance of a guilty plea, a plea
of nolo contendere, or a deferred sentence for a felony. or
other good and just cause. A DISMISSAL
FOR ANY OTHER REASON SHALL BE A DISMISSAL WITH PAY. No teacher
shall be dismissed for temporary illness, leave of absence previously
approved by the board, or
military leave of absence pursuant to article 3 of title 28, C.R.S.,
OR THE TEACHER'S LEVEL OF COMPENSATION OR LENGTH OF SERVICE.
(2) A TEACHER DISMISSED WITHOUT PAY SHALL:
(a) NOT RECEIVE ANY REMAINING COMPENSATION UNDER THE EMPLOYMENT CONTRACT THAT WOULD OTHERWISE BE DUE TO THE TEACHER BETWEEN THE DATE OF DISMISSAL AND THE EXPIRATION OF THE EMPLOYMENT CONTRACT; AND
(b) HAVE A RIGHT TO OBJECT TO A NOTICE OF INTENT TO DISMISS WITHOUT PAY, AND A RIGHT TO OBTAIN JUDICIAL REVIEW OF THE BOARD'S DECISION ON THE OBJECTION, AS SET FORTH IN SECTION 2263302.
(3) A TEACHER DISMISSED WITH PAY SHALL:
(a) CONTINUE TO RECEIVE ALL REMAINING COMPENSATION UNDER THE EMPLOYMENT CONTRACT AS IF THE TEACHER HAD NOT BEEN DISMISSED; AND
(b) NOT HAVE A RIGHT TO OBJECT TO SUCH DISMISSAL OR TO OBTAIN JUDICIAL REVIEW THEREOF.
(4) A SCHOOL DISTRICT SHALL NOT ENTER INTO ANY CONTRACT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION.
SECTION 7. 2263302 (1), (2), (3), (6) (a), (7) (c), (7) (e), (8), (9), (10) (a), and (10) (c), Colorado Revised Statutes, 1995 Repl. Vol., are amended, and the said 2262302 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
2263302. Procedure for dismissal without pay judicial review. (1) Except as otherwise provided in subsection (11) of this section, a teacher shall be dismissed WITHOUT PAY in the manner prescribed by subsections (2) to (10) of this section.
(2) The chief administrative officer of
the employing school district may recommend that the board dismiss
a teacher based upon one or more of
the grounds stated WITHOUT PAY, AS
PROVIDED in section 2263301. If such
a recommendation TO DISMISS WITHOUT PAY is made to the board,
such teacher within seven days after
the board meeting at which the recommendation is made,
shall be given a written notice of intent to dismiss WITHOUT PAY.
The notice of intent to dismiss shall include a copy of the reasons
for dismissal a copy of this article,
and all exhibits which the chief administrative officer intends
to submit in support of his prima facie case against the teacher
including a list of witnesses to be called by the chief administrative
officer, addresses and telephone numbers of the witnesses, and
all pertinent documentation in the possession of the chief administrative
officer relative to the circumstances surrounding the charges.
Additional witnesses and exhibits in support of the chief administrative
officer's prima facie case may not be added at a later date except
on a showing of good cause WITHOUT
PAY. The notice and copy of the charges
shall be sent by certified mail to said teacher at his
THE TEACHER'S address last known to the secretary of the board.
The notice shall advise the teacher of his OR HER rights and the
procedures under this section.
(3) If a teacher objects to the grounds
given for the dismissal WITHOUT PAY, such teacher may file with
the chief administrative officer a written notice of objection
and a request for a hearing. Such written notice shall be made
within seven days of
AFTER the receipt by the teacher of the notice of dismissal. If
the teacher fails to file the written notice within said time,
such failure shall be deemed to be a waiver of his OR HER right
to a hearing and the dismissal shall be final; except that the
board of education may grant a hearing upon a determination that
the failure to file written notice for a hearing was due to good
cause. If the teacher files a written notice of objection, such
teacher shall continue to receive regular compensation from the
time such teacher is suspended until a decision is rendered by
the board pursuant to subsection (9) of this section, but in no
event beyond one hundred twenty days.
(6) (a) Within ten days of the selection
of the hearing officer, the teacher shall
provide to AND the chief administrative
officer SHALL PROVIDE TO EACH OTHER a list of all exhibits to
be presented at the hearing and all witnesses to be called, including
the addresses and telephone numbers of the witnesses. Additional
witnesses and exhibits may not be added at a later date except
upon a showing of good cause.
(7) (c) At any hearing, the teacher
has the right to appear in person with or without counsel, to
be heard and to present testimony of witnesses and all evidence
bearing upon his OR HER proposed dismissal, and to crossexamine
witnesses. By entering an appearance on behalf of the teacher
or the chief administrative officer, counsel agrees to be prepared
to commence the hearing within the time limitations of this section
and to proceed expeditiously once the hearing has begun. All
school district records pertaining to the teacher shall be made
available for the use of the hearing officer or the teacher.
(e) Any hearing held pursuant to the provisions of this section shall be completed within ten CONSECUTIVE days of its commencement, unless the parties otherwise agree, and neither party shall have more than five days to present its case in chief.
(8) (a) The chief administrative
officer shall have the burden of proving that his OR HER recommendation
for the dismissal WITHOUT PAY of the teacher was
for the reasons given in the notice of dismissal and that the
dismissal was made in accordance
with the provisions of this article.
Where unsatisfactory performance is a ground for dismissal, the
chief administrative officer shall establish that the teacher
had been evaluated pursuant to the written system to evaluate
certificated personnel adopted by the school district pursuant
to section 229106. The
hearing officer shall review the evidence and testimony and make
written findings of fact thereon. The hearing officer shall make
one of the two following recommendations:
(I) The teacher be dismissed or
the teacher be retained WITHOUT PAY;
OR
(II) THE TEACHER BE DISMISSED WITH PAY.
(b) The findings of fact and the recommendation
shall be adopted by the hearing officer in open session not later
than twenty
FIVE days after the conclusion of the hearing and shall be forwarded
to said teacher and to the board.
(9) The board shall review the hearing
officer's findings of fact and recommendation, and it shall enter
its written order within twenty days after the date of the hearing
officer's findings and recommendation. The board shall take one
of the three
TWO following actions: The teacher be dismissed the
teacher be retained; or the teacher be placed on a oneyear
probation WITHOUT PAY OR DISMISSED
WITH PAY; but, if the board dismisses the teacher WITHOUT PAY
over the hearing officer's recommendation of retention
DISMISSAL WITH PAY, the board shall make a conclusion, giving
its reasons therefor, which must be supported by the record, and
such finding shall be included in its written order. The secretary
of the board shall cause a copy of said order to be given immediately
to the teacher and a copy to be entered into the teacher's local
file.
(10) (a) If the board dismisses the teacher WITHOUT PAY pursuant to the provisions of subsection (9) of this section, the teacher may file an action for review in the court of appeals in accordance with the provisions of this subsection (10), in which action the board shall be made the party defendant. Such action for review shall be heard in an expedited manner and shall be given precedence over all other civil cases, except cases arising under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., and cases arising under the "Colorado Employment Security Act", articles 70 to 82 of title 8, C.R.S. IF THE BOARD DISMISSES THE TEACHER WITH PAY, THE PROVISIONS OF SECTION 2263301 (3) SHALL APPLY.
(c) The action for review shall be based
upon the record before the hearing officer. If the decision of
the board to dismiss the teacher WITHOUT PAY was in accordance
with the recommendation of the hearing officer, the court of appeals
shall review such record to determine whether the action of the
board was arbitrary or capricious or was legally impermissible.
If the decision of the board to dismiss the teacher WITHOUT PAY
was made over the hearing officer's recommendation of retention
DISMISSAL WITH PAY, the court of appeals shall either affirm the
decision of the board or affirm the recommendation of the hearing
officer, based upon the court's review of the record as a whole
and the court's own judgment as to whether the board's decision
or the hearing officer's recommendation has more support in the
record as a whole.
(12) A SCHOOL DISTRICT SHALL NOT ENTER INTO ANY CONTRACT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION.
SECTION 8. Part 3 of article 63 of title 22, Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW SECTION to read:
2263303. Procedure for dismissal with pay. (1) THE CHIEF ADMINISTRATIVE OFFICER OF THE EMPLOYING SCHOOL DISTRICT MAY RECOMMEND THAT THE BOARD DISMISS A TEACHER WITH PAY, AS PROVIDED IN SECTION 2263301.
(2) IF THE CHIEF ADMINISTRATIVE OFFICER MAKES A RECOMMENDATION TO DISMISS A TEACHER WITH PAY, AND THE BOARD DISMISSES THE TEACHER WITH PAY, THE TEACHER SHALL BE GIVEN A NOTICE OF DISMISSAL WITH PAY, SENT TO THE TEACHER BY CERTIFIED MAIL AT THE TEACHER'S ADDRESS LAST KNOWN TO THE SECRETARY OF THE BOARD, AND SHALL CONTINUE TO RECEIVE COMPENSATION PURSUANT TO THE EMPLOYMENT CONTRACT UNTIL THE EXPIRATION OF THE EMPLOYMENT CONTRACT. THE TEACHER SHALL NOT BE ENTITLED TO ANY ADDITIONAL RELIEF AND SHALL NOT HAVE THE RIGHT TO OBJECT TO THE DISMISSAL OR TO OBTAIN JUDICIAL REVIEW THEREOF.
(3) IF THE CHIEF ADMINISTRATIVE OFFICER MAKES A RECOMMENDATION TO DISMISS A TEACHER WITH PAY, BUT THE BOARD DECIDES TO DISMISS THE TEACHER WITHOUT PAY, THE PROCEDURE SET FORTH IN SECTION 2263302 SHALL APPLY.
(4) A SCHOOL DISTRICT SHALL NOT ENTER INTO ANY CONTRACT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION.
SECTION 9. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to contracts entered into or renewed on or after said date.
SECTION 10. 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.