22-63-101. Short title.

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).

1990 act removed references to "tenure" and other entitlement and durational language. Therefore, nonprobationary teachers who are placed on unpaid leave pursuant to 22-63-202 have no vested property interest in salary and benefits and are therefore not deprived of a state property interest. Johnson v. Sch. Dist. No. 1, 2018 CO 17, 413 P.3d 711.

The general assembly is not bound to maintain "forced placement" system under 1990 act. The act did not create a contractual relationship with teachers. Sch. Dist. No. 1 v. Masters, 2018 CO 18, 413 P.3d 723.

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); Johnson v. Sch. Dist. No. 1, 2018 CO 17, 413 P.3d 711.