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Second Regular Session
Sixty-first General Assembly
LLS NO. 980100.01D JAP
HOUSE BILL 981247
STATE OF COLORADO
BY REPRESENTATIVE Gotlieb;
also SENATOR Blickensderfer.
A BILL FOR AN ACT
CONCERNING SPECIFICATION OF EMPLOYMENT RESPONSIBILITIES
IN EDUCATOR EMPLOYMENT CONTRACTS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Specifies that the employment contract for each teacher, principal, and administrator shall include a standard employment contract that sets forth the position, salary, and benefits, subject to any labor agreement to which the school district may be a party. Requires an attachment to the basic contract that specifies:
! A description of the teacher's, principal's, or administrator's duties and the school district's expectations in the performance of those duties;
! A description of specific performance objectives for the teacher, principal, or administrator for the term of the contract, determined in the course of the teacher's, principal's, or administrator's performance evaluation;
! A listing of the materials, support services, support personnel, and student academic data available to the teacher, principal, or administrator to assist them in meeting the duties specified in the employment contract;
! Any professional development activities to be accomplished by the teacher, principal, or administrator;
! The procedure and basis for evaluating the teacher, principal, or administrator, including identification of the persons who will be conducting the evaluation.
Instructs the teacher, principal, or administrator and his or her supervisor to review the terms of the contract and the attachment prior to renewal of the contract and to specifically agree to those terms.
Specifies that probationary teachers shall also receive
a contract and attachment as described above, but that performance
of the terms of the contract and attachment does not create an
expectation of contract renewal. Adds breach of the employment
contract and attachment to the grounds for dismissal of a teacher
under the "Teacher Employment, Compensation, and Dismissal
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 2263202, Colorado Revised Statutes, is amended to read:
2263202. Employment contracts contracts to be in writing duration damage provision. (1) Except for a parttime or substitute teacher, 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. THE WRITTEN EMPLOYMENT CONTRACT FOR EVERY TEACHER, PRINCIPAL, AND ADMINISTRATOR SHALL INCLUDE AND BE SUBJECT TO, AT A MINIMUM, THE REQUIREMENTS SPECIFIED IN SUBSECTION (4) OF THIS SECTION; EXCEPT THAT THE REQUIREMENTS OF SUBSECTION (4) OF THIS SECTION SHALL NOT APPLY TO THE EMPLOYMENT CONTRACT FOR A SUPERINTENDENT OF A SCHOOL DISTRICT.
(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 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 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 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.
(b) Any teacher who violates the provisions
of this subsection (2) may be subject to suspension of his OR
HER certificate, LICENSE, or letter of authorization as provided
SECTIONS 2260111 OR 2260.5108.
(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 canceled during the contractual period when there is a justifiable decrease in the number of teaching positions. The manner in which employment contracts will be canceled 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.
(4) (a) EACH STANDARD EMPLOYMENT CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL SPECIFY THE BASIC CONDITIONS OF EMPLOYMENT, INCLUDING, BUT NOT LIMITED TO, THE TEACHER'S, PRINCIPAL'S, OR ADMINISTRATOR'S POSITION, HOURS, AMOUNT OF VACATION, AMOUNT OF SICK LEAVE, SALARY, AND BENEFITS. SAID BASIC CONDITIONS OF EMPLOYMENT SHALL BE SUBJECT TO ANY NEGOTIATED LABOR AGREEMENT TO WHICH THE SCHOOL DISTRICT MAY BE A PARTY. EACH STANDARD EMPLOYMENT CONTRACT SHALL INCLUDE AN ATTACHMENT THAT SPECIFIES FOR THE INDIVIDUAL TEACHER, PRINCIPAL, OR ADMINISTRATOR THE ITEMS SET FORTH IN PARAGRAPH (b) OF THIS SUBSECTION (4).
(b) EACH TEACHER, PRINCIPAL, OR ADMINISTRATOR WHO ENTERS INTO AN EMPLOYMENT CONTRACT PURSUANT TO THIS SECTION SHALL HAVE AN OPPORTUNITY TO DISCUSS AND AGREE TO TERMS OF EMPLOYMENT THAT ARE SPECIFIC TO THE TEACHER, PRINCIPAL, OR ADMINISTRATOR. SUCH TERMS SHALL BE INCLUDED IN AN ATTACHMENT TO THE STANDARD EMPLOYMENT CONTRACT. AT A MINIMUM, SUCH TERMS SHALL INCLUDE THE FOLLOWING ITEMS:
(I) A THOROUGH DESCRIPTION OF THE TEACHER'S, PRINCIPAL'S, OR ADMINISTRATOR'S DUTIES AND THE SCHOOL DISTRICT'S EXPECTATIONS FOR THE PERFORMANCE OF THOSE DUTIES, INCLUDING BUT NOT LIMITED TO THE CURRICULUM REQUIREMENTS TO BE MET IF THE EMPLOYEE IS A TEACHER;
(II) THE PERFORMANCE OBJECTIVES TO BE ACHIEVED BY THE TEACHER, PRINCIPAL, OR ADMINISTRATOR, DETERMINED IN THE COURSE OF THE TEACHER'S, PRINCIPAL'S, OR ADMINISTRATOR'S PERFORMANCE EVALUATION PURSUANT TO THE SCHOOL DISTRICT'S PERFORMANCE EVALUATION SYSTEM IMPLEMENTED AS REQUIRED IN ARTICLE 9 OF THIS TITLE;
(III) THE INSTRUCTIONAL MATERIALS, STUDENT ACADEMIC DATA, SUPPORT RESOURCES, AND SUPPORT PERSONNEL THAT SHALL BE AVAILABLE TO ASSIST THE TEACHER, PRINCIPAL, OR ADMINISTRATOR IN ACHIEVING THE OBJECTIVES AND ACCOMPLISHING THE DUTIES SPECIFIED IN HIS OR HER STANDARD EMPLOYMENT CONTRACT AND THE ATTACHMENT;
(IV) ANY PROFESSIONAL DEVELOPMENT ACTIVITIES TO BE COMPLETED BY THE TEACHER, PRINCIPAL, OR ADMINISTRATOR DURING THE TERM OF THE CONTRACT TO ASSIST THE TEACHER, PRINCIPAL, OR ADMINISTRATOR IN ACHIEVING THE OBJECTIVES AND COMPLETING THE DUTIES SPECIFIED IN THE STANDARD EMPLOYMENT CONTRACT AND THE ATTACHMENT; AND
(V) THE TIMING, PROCEDURES, AND BASIS FOR EVALUATING THE TEACHER'S, PRINCIPAL'S, OR ADMINISTRATOR'S PERFORMANCE UNDER THE CONTRACT AND THE ATTACHMENT, INCLUDING THE PERSON OR PERSONS WHO WILL CONDUCT THE EVALUATION, PURSUANT TO THE SCHOOL DISTRICT'S PERFORMANCE EVALUATION SYSTEM IMPLEMENTED AS REQUIRED IN ARTICLE 9 OF THIS TITLE.
(c) PRIOR TO RENEWAL OF AN EMPLOYMENT CONTRACT ENTERED INTO PURSUANT TO THIS SECTION, THE TEACHER, PRINCIPAL, OR ADMINISTRATOR SHALL REVIEW AND DISCUSS THE ATTACHMENT WITH HIS OR HER SUPERVISOR AND AGREE TO THE TERMS SPECIFIED IN THE ATTACHMENT.
SECTION 2. 2263203, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
2263203. Probationary teachers renewal and nonrenewal of employment contract. (6) ANY EMPLOYMENT CONTRACT ENTERED INTO WITH A PROBATIONARY TEACHER PURSUANT TO THIS SECTION AT A MINIMUM SHALL INCLUDE BOTH A STANDARD EMPLOYMENT CONTRACT AND AN ATTACHMENT SPECIFYING THE TERMS SET FORTH IN SECTION 2263202 (4). INCLUSION OF SUCH TERMS SHALL NOT BE DEEMED TO CREATE ANY PROPERTY RIGHT OR CONTRACT RIGHT, EXPRESS OR IMPLIED, AND A BOARD MAY CHOOSE NOT TO RENEW THE PROBATIONARY TEACHER'S EMPLOYMENT CONTRACT, REGARDLESS OF THE PROBATIONARY TEACHER'S COMPLIANCE WITH THE TERMS OF THE CONTRACT AND THE ATTACHMENT.
SECTION 3. 2263301, Colorado Revised Statutes, is amended to read:
2263301. Grounds for dismissal. A teacher may be dismissed for physical or mental disability, incompetency, neglect of duty, immorality, unsatisfactory performance, FAILURE TO COMPLY WITH THE TERMS OF THE STANDARD EMPLOYMENT CONTRACT AND ATTACHMENT AS SPECIFIED PURSUANT TO SECTION 2263202 (4), 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. 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.
SECTION 4. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to contracts entered into 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.