Masters, et al. v. Denver Public Schools, et al.
Overview • History of Teacher “Tenure” in Colorado • Arrival of Senate Bill 10-191 • Why Coverage? • Colorado Education Association Challenge • Current Disposition • What Can You Do?
Senate Bill 10-191 (“S.B. 191”) • Blame Sen. Michael Johnston? • S.B. 191 amended TECDA (C.R.S. § 22-63101 to -403) • TECDA • With passage, Legislature altered teacher evaluation methods and placed a new emphasis on measuring effectiveness
“Mutual Consent” Provision • S.B. 191 also contained the dreaded (and, contested) “mutual consent provisions” • Mutual consent allows school districts to remove non-probationary teachers when a determination is made that the nonprobationary teacher’s services are no longer required as a result of a drop in enrollment
“Mutual Consent” Provision • Prior to S.B. 191, a school district was required to find a new position for a non-probationary teacher, without the new school’s consent • Now, the law requires that each employment contract … shall contain a provision regarding assignment … only with the consent of the hiring principal and with input from at least two teachers at the school
Teacher’s Union Calls Foul! • Alleges “mutual consent” violates the Contract Clause (Article II, § 11) of the Colorado Constitution and the Due Process Clause (Article II, § 25) • Also asserts that Denver Public School’s implementation of the “mutual consent” provisions violates the Due Process Clause – as applied (bringing this matter under purview of CSDSIP coverage)
Status? • On June 6, 2014, Chief Judge Martinez granted the Defendants Motion to Dismiss (in its entirety) • Deadline to appeal is July 25, 2014
What Can Your School District Do?