First Regular Session
Sixty-second General Assembly
LLS NO. 99-0465.01 Julie Pelegrin HOUSE BILL 99-1167
STATE OF COLORADO
BY REPRESENTATIVES Clapp and Lee
EDUCATION
A BILL FOR AN ACT
101 CONCERNING EMPLOYMENT OF TEACHERS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
For any teacher who has probationary status as of July 1, 1999, and
whose contract is renewed and any teacher initially hired on or after July
1, 1999, requires a school district to hire said teacher pursuant to a
one-year written employment contract that may be nonrenewed for any
cause. Authorizes a school district to provide multi-year employment
contracts so long as such contracts are subject to annual review and
possible nonrenewal.
Specifies procedures for nonrenewal of an employment contract.
Allows a teacher whose contract is nonrenewed to request reasons for
nonrenewal. Allows a school district to make nonrenewal of an
employment contract a grievable action.
Makes conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 22-63-202 (1), Colorado Revised Statutes, is
3 amended, and the said 22-63-202 is further amended BY THE
4 ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
5 22-63-202. Employment contracts - contracts to be in writing
6 - duration - damage provision. (1) (a) Except for a part-time or
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 substitute teacher, every employment contract entered into by any teacher
2 or chief administrative officer for the performance of services for a school
3 district shall be in writing.
4 (b) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF
5 THIS PARAGRAPH (b), BEGINNING JULY 1, 1999, EACH TEACHER SHALL BE
6 HIRED PURSUANT TO A ONE-YEAR WRITTEN EMPLOYMENT CONTRACT
7 ENTERED INTO PURSUANT TO THE PROVISIONS OF THIS SECTION. SAID
8 EMPLOYMENT CONTRACT MAY BE NONRENEWED AS PROVIDED IN
9 SUBSECTION (4) OF THIS SECTION. NOTWITHSTANDING THE PROVISIONS OF
10 THIS PARAGRAPH (b), A SCHOOL DISTRICT MAY PROVIDE MULTI-YEAR
11 EMPLOYMENT CONTRACTS, SO LONG AS SUCH CONTRACTS ARE SUBJECT TO
12 ANNUAL REVIEW AND MAY BE ANNUALLY NONRENEWED FOR ANY REASON
13 SPECIFIED IN SCHOOL DISTRICT POLICIES.
14 (II) THE PROVISIONS OF THIS PARAGRAPH (b) SHALL NOT APPLY TO
15 ANY TEACHER WHO HAS OBTAINED THE STATUS OF A NONPROBATIONARY
16 TEACHER AS OF JULY 1, 1999.
17 (4) (a) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF
18 THIS SUBSECTION (4), BEGINNING JULY 1, 1999, A TEACHER EMPLOYED BY
19 A SCHOOL DISTRICT ON A FULL-TIME BASIS SHALL BE DEEMED TO BE
20 REEMPLOYED FOR THE SUCCEEDING ACADEMIC YEAR AT THE SALARY THAT
21 THE TEACHER WOULD BE ENTITLED TO RECEIVE UNDER THE GENERAL
22 SALARY SCHEDULE, THE TEACHER SALARY POLICY, OR THE COMBINATION
23 SCHEDULE AND POLICY, WHICHEVER IS APPROPRIATE, UNLESS THE BOARD
24 CAUSES WRITTEN NOTICE TO THE CONTRARY TO BE GIVEN TO SAID TEACHER
25 ON OR BEFORE JUNE 1 OF THE ACADEMIC YEAR DURING WHICH SAID
26 TEACHER IS EMPLOYED. SUCH TEACHER SHALL BE PRESUMED TO HAVE
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1 ACCEPTED SUCH EMPLOYMENT FOR THE SUCCEEDING ACADEMIC YEAR
2 UNLESS SAID TEACHER CAUSES WRITTEN NOTICE TO THE CONTRARY TO BE
3 GIVEN TO THE BOARD NO LATER THAN THIRTY DAYS PRIOR TO THE
4 COMMENCEMENT OF THE SUCCEEDING ACADEMIC YEAR.
5 (b) THE PROVISIONS OF THIS SUBSECTION (4) SHALL NOT APPLY TO
6 ANY TEACHER WHO HAS OBTAINED THE STATUS OF A NONPROBATIONARY
7 TEACHER AS OF JULY 1, 1999.
8 (5) (a) EXCEPT AS PROVIDED IN PARAGRAPH (c) OF THIS
9 SUBSECTION (5), THE CHIEF ADMINISTRATIVE OFFICER OF THE EMPLOYING
10 SCHOOL DISTRICT MAY RECOMMEND THAT THE BOARD NOT RENEW THE
11 ONE-YEAR EMPLOYMENT CONTRACT OF ANY TEACHER FOR ANY REASON
12 THAT THE CHIEF ADMINISTRATIVE OFFICER DEEMS SUFFICIENT. IF THE
13 BOARD, BASED ON SUCH RECOMMENDATION, DOES NOT RENEW THE
14 EMPLOYMENT CONTRACT, THE TEACHER SHALL BE GIVEN A WRITTEN
15 NOTICE OF CONTRACT NONRENEWAL.
16 (b) (I) A TEACHER WHO RECEIVES A WRITTEN NOTICE OF CONTRACT
17 NONRENEWAL MAY REQUEST AND, IF REQUESTED, SHALL RECEIVE, THE
18 REASONS FOR NONRENEWAL FROM THE CHIEF ADMINISTRATIVE OFFICER OF
19 THE EMPLOYING SCHOOL DISTRICT.
20 (II) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
21 PROVISION TO A TEACHER OF THE REASONS FOR CONTRACT NONRENEWAL
22 NOT CREATE ANY PROPERTY RIGHT OR CONTRACT RIGHT, EXPRESS OR
23 IMPLIED. HOWEVER, A BOARD MAY, BUT SHALL NOT BE REQUIRED TO,
24 AGREE BY CONTRACT OR SCHOOL DISTRICT POLICY TO MAKE THE REASONS
25 FOR NONRENEWAL A GRIEVABLE ACTION.
26 (c) THE PROVISIONS OF THIS SUBSECTION (5) SHALL NOT APPLY TO
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1 ANY TEACHER WHO HAS OBTAINED THE STATUS OF A NONPROBATIONARY
2 TEACHER AS OF JULY 1, 1999.
3 SECTION 2. 22-63-103 (5), Colorado Revised Statutes, is
4 amended to read:
5 22-63-103. Definitions. As used in this article, unless the context
6 otherwise requires:
7 (5) "Nonrenewal" means the involuntary termination of
8 employment of a probationary teacher by a board at the expiration of a
9 specific contractual period.
10 SECTION 3. 22-63-203, Colorado Revised Statutes, is amended
11 BY THE ADDITION OF A NEW SUBSECTION to read:
12 22-63-203. Probationary teachers hired prior to July 1, 1999
13 - renewal and nonrenewal of employment contract - repeal. (6) THIS
14 SECTION IS REPEALED, EFFECTIVE JULY 1, 1999.
15 SECTION 4. 22-63-301, Colorado Revised Statutes, is amended
16 to read:
17 22-63-301. Grounds for dismissal. (1) (a) A teacher may be
18 dismissed for physical or mental disability, incompetency, neglect of
19 duty, immorality, unsatisfactory performance, insubordination, the
20 conviction of a felony or the acceptance of a guilty plea, a plea of nolo
21 contendere, or a deferred sentence for a felony, or other good and just
22 cause. No teacher shall be dismissed for temporary illness, leave of
23 absence previously approved by the board, or military leave of absence
24 pursuant to article 3 of title 28, C.R.S.
25 (b) THE PROVISIONS OF THIS SUBSECTION (1) SHALL APPLY ONLY
26 TO TEACHERS WHO HAVE OBTAINED THE STATUS OF NONPROBATIONARY
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1 TEACHERS AS OF JULY 1, 1999.
2 (2) (a) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS
3 SUBSECTION (2), BEGINNING JULY 1, 1999, THE EMPLOYMENT CONTRACT
4 OF ANY TEACHER MAY BE NONRENEWED FOR ANY CAUSE AS PROVIDED IN
5 SECTION 22-63-202 (5).
6 (b) THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (2)
7 SHALL NOT APPLY TO ANY TEACHER WHO HAS OBTAINED THE STATUS OF A
8 NONPROBATIONARY TEACHER AS OF JULY 1, 1999.
9 SECTION 5. 22-63-302 (1), Colorado Revised Statutes, is
10 amended to read:
11 22-63-302. Procedure for dismissal - judicial review.
12 (1) (a) Except as otherwise provided in subsection (11) of this section, a
13 teacher shall be dismissed in the manner prescribed by subsections (2) to
14 (10) of this section.
15 (b) THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY TO
16 TEACHERS WHO HAVE OBTAINED THE STATUS OF NONPROBATIONARY
17 TEACHERS AS OF JULY 1, 1999.
18 SECTION 6. Safety clause. The general assembly hereby finds,
19 determines, and declares that this act is necessary for the immediate
20 preservation of the public peace, health, and safety.