22-63-206. Transfer - compensation - definitions.

Statute text

(1) (a) A teacher may be transferred upon the recommendation of the chief administrative officer of a school district from one school, position, or grade level to another within the school district, if the transfer does not result in the assignment of the teacher to a position of employment for which the teacher is not qualified by virtue of academic preparation and certification and if, during the then-current school year, the amount of salary of the teacher is not reduced except as otherwise provided in subsections (2) and (3) of this section. There shall be no discrimination shown toward any teacher in the assignment or transfer of that teacher to a school, position, or grade because of sex, sexual orientation, gender identity, gender expression, marital status, race, creed, color, religion, national origin, ancestry, or membership or nonmembership in any group or organization.

(b) As used in this subsection (1):

(I) "Protective hairstyle" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.

(II) "Race" includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.

(2) Notwithstanding the provisions of subsection (1) of this section, a teacher who has been occupying an administrative position may be assigned to another position for which he or she is qualified if a vacancy exists in such position, and, if so assigned, with a salary corresponding to the position. If the school district has adopted a general salary schedule or a combination salary schedule and policy, the board may consider the years of service accumulated while the teacher was occupying the administrative position when the board determines where to place the teacher on the schedule for the assigned position.

(3) Notwithstanding the provisions of subsection (1) of this section, the salary of a teacher who has received additional compensation for the performance of additional duties may be reduced if said teacher has been relieved of such additional duties.

(4) A teacher may enter into an agreement for an economic work-learn program leave of absence with a board of education that shall not affect the teacher's employment status, position on the salary schedule if the school district has adopted a general salary schedule or combination salary schedule and policy, or insurance and retirement benefits.

(5) Nothing in this section shall be construed as requiring a receiving school to involuntarily accept the transfer of a teacher. All transfers to positions at other schools of the school district shall require the consent of the receiving school.

History

Source: L. 90: Entire article R&RE, p. 1123, 1, effective July 1. L. 95: (2) and (4) amended, p. 884, 7, effective July 1. L. 2004: (2) amended, p. 56, 1, effective August 4. L. 2008: (1) amended, p. 1602, 26, effective May 29. L. 2010: (5) added, (SB 10-191), ch. 241, p. 1075, 17, effective May 20. L. 2020: (1) amended, (HB 20-1048), ch. 8, p. 19, 9, effective September 14. L. 2021: (1)(a) amended, (HB 21-1108), ch. 156, p. 893, 27, effective September 7.

Annotations

Editor's note: This section is similar to former 22-63-114 as it existed prior to 1990.

Annotations

Cross references: (1) For the legislative declaration contained in the 2008 act amending subsection (1), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.

(2) For the short title ("Creating a Respectful and Open World for Natural Hair Act of 2020" or the "CROWN Act of 2020") and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 22-63-206 is similar to 22-63-114 as it existed prior to the 1990 repeal and reenactment of this article, relevant cases construing that provision, as well as cases decided prior to the earliest source of this section, have been included in the annotations to this section.

The purpose of the statute is to prevent teachers from being transferred: (1) To teaching positions for which they are not qualified; (2) for reductions in pay; and (3) as acts of discrimination. Lazuk v. Denver County Sch. Dist. No. 1, 22 P.3d 548 (Colo. App. 2000).

Power of boards of education to transfer teachers limited only by statute. The power of school boards to control the hiring and firing and transfers of teachers in their district is limited only by the express terms of the statutes. Draper v. Sch.. Dist. No. 1, 175 Colo. 216, 486 P.2d 1048 (1971).

The power to transfer teachers cannot be delegated. Board cannot delegate power of deciding whether or not teacher is to be transferred, but board can delegate resulting administrative details such as building and room assignment consistent with position for which teacher is qualified. Frank v. Arapahoe County Sch. Dist. No. 6, 31 Colo. App. 479, 506 P.2d 373 (1972); Wheeler v. Sch. Dist. No. 20, 33 Colo. App. 233, 521 P.2d 178 (1973), aff'd, 188 Colo. 262, 535 P.2d 206 (1975).

The school board may delegate the power to transfer a teacher because such function is administrative in nature, as it does not function as a policy-making duty, and the discretion granted is limited by statute. Lazuk v. Denver County Sch. Dist. No. 1, 22 P.3d 548 (Colo. App. 2000).

Discretion granted to superintendent by this section was not overly broad, but was merely administrative in nature. Wheeler v. Sch. Dist. No. 20, 188 Colo. 262, 535 P.2d 206 (1975).

Authority to reassign principal of junior high school was not improperly delegated to the superintendent of schools. Wheeler v. Sch. Dist. No. 20, 188 Colo. 262, 535 P.2d 206 (1975).

There can be no demotion when individual is transferred between coequal positions. Frank v. Arapahoe County Sch. Dist. No. 6, 31 Colo. App. 479, 506 P.2d 373 (1972).

A transfer cannot reduce a teacher's salary. The right to transfer a teacher is limited by the provision that such transfer shall not change the position to which such teacher is entitled on the regular teacher salary schedule of the employing district. Sch. Dist. No. 2 v. Brenton, 137 Colo. 247, 323 P.2d 899 (1958).

Even though a district can and does assign a teacher to work other than teaching, it cannot thereby reduce his annual salary; it has to pay him according to its adopted teacher schedules. Maxey v. Jefferson County Sch. Dist. No. R-1, 158 Colo. 583, 408 P.2d 970 (1965).

There is no right to hearing upon transfer to a similar position. Tenured public school employee transferred from one similar position to another is not entitled to hearing before board and denial of request for such hearing is not violation of statutory or constitutional rights. Frank v. Arapahoe County Sch. Dist. No. 6, 31 Colo. App. 479, 506 P.2d 373 (1972).

Notice and hearing not required. Petitioner was not entitled to notice and a hearing before he was relieved of his position as principal of the junior high school and reassigned, and thus there was no due process infringement. Wheeler v. Sch. Dist. No. 20, 188 Colo. 262, 535 P.2d 206 (1975).

School district can transfer tenured public school employee from position of counselor to that of classroom teacher without formal action of board specifically designating employee's new assignment. Frank v. Arapahoe County Sch. Dist. No. 6, 31 Colo. App. 479, 506 P.2d 373 (1972).

Standard of review of transfer is less strict than for dismissal or denial of employment. Where tenured public school employee loses his job or is denied a job due to questionable school board action, there is a stricter standard of review applicable than where employee is transferred from one similar position to another. Frank v. Arapahoe County Sch. Dist. No. 6, 31 Colo. App. 479, 506 P.2d 373 (1972).

Employee, as counselor, held to be teacher, not administrator or executive, for transfer purposes. Frank v. Arapahoe County Sch. Dist. No. 6, 31 Colo. App. 479, 506 P.2d 373 (1972).

Finding that teacher is unsatisfactory in his administrative position is not prerequisite to transfer under this section. Wheeler v. Sch. Dist. No. 20, 33 Colo. App. 233, 521 P.2d 178 (1973), aff'd, 188 Colo. 262, 535 P.2d 206 (1975).

For prior requirement that a teacher holding an executive position be "deemed unsatisfactory" before being returned to classroom, see Sch. Dist. No. 2 v. Brenton, 137 Colo. 247, 323 P.2d 899 (1958); Robb v. Sch. Dist. No. RE 50(J), 28 Colo. App. 453, 475 P.2d 30 (1970); Draper v. Sch. Dist. No. 1, 175 Colo. 216, 486 P.2d 1048 (1971).

Applied in Marsh v. St. Vrain Valley Sch. Dist. RE-1J, 644 P.2d 41 (Colo. App. 1981).

PART 3
DISMISSAL