Statute text
This article shall be known and may be cited as the "Teacher Employment, Compensation, and Dismissal Act of 1990".
History
Source: L. 90: Entire article R&RE, p. 1117, 1, effective July 1.
Annotations
Editor's note: This section is similar to former 22-63-101 as it existed prior to 1990.
Annotations
ANNOTATION
Annotations
The teacher tenure act creates a contract by law between the school board and its teachers. Julesburg Sch. Dist. No. RE-1 v. Ebke, 193 Colo. 40, 562 P.2d 419 (1977); Ebke v. Julesburg Sch. Dist. No. RE-1, 622 P.2d 95 (Colo. App. 1980); Lockhart v. Arapahoe County Sch. Dist. No. 6, 735 P.2d 913 (Colo. App. 1986).
The general assembly intended to harness the school board's previously unrestricted power of dismissal and to assure tenured teachers of greater protection of their rights than had previously been afforded. Lovett v. Blair, 39 Colo. App. 512, 571 P.2d 731 (1977), aff'd, 196 Colo. 118, 582 P.2d 668 (1978).
Act to protect academic freedom of tenured teachers. This act is designed to provide substantial protection for the academic freedom of teachers who have achieved tenured status and a primary facet of that protection is the availability, at the teacher's request, of an evidentiary hearing panel chosen in a manner designed to ensure its neutrality. Blair v. Lovett, 196 Colo. 118, 582 P.2d 668 (1978).
Boards of education have primary responsibility for hiring and firing teachers in their school districts. Adams County Sch. Dist. No. 50 v. Heimer, 919 P.2d 786 (Colo. 1996).
Applied in Frankmore v. Bd. of Educ., 41 Colo. App. 416, 589 P.2d 1375 (1978); Gilbert v. Sch. Dist. No. 50, 485 F. Supp. 505 (D. Colo. 1980); Denver Classroom Tchrs. v. Denver Sch. Dist. No. 1, 738 P.2d 414 (Colo. App. 1987).