Section 22-63-203 - Probationary teachers - renewal and nonrenewal of employment contract(1)(b) For any school district that has implemented the performance evaluation system based on quality standards pursuant to section 22-9-106 and the rules adopted by the state board pursuant to section 22-9-105.5, the provisions of this section shall apply only to probationary teachers and shall no longer apply when the teacher has been granted nonprobationary status as a result of three consecutive years of demonstrated effectiveness, as determined through his or her performance evaluations and continuous employment.(2)(a) During the first three school years that a teacher is employed on a full-time continuous basis by a school district, such teacher shall be considered to be a probationary teacher whose employment contract may be subject to nonrenewal in accordance with subsection (4) of this section. A school district may also consider a teacher employed on a part-time continuous basis by such district and by a board of cooperative services to be a probationary teacher whose contract may be subject to nonrenewal in accordance with subsection (4) of this section. An employment contract with a probationary teacher shall not exceed one school year.(b) For purposes of paragraph (a) of this subsection (2):(I) A probationary teacher who is employed as a teacher in an alternative year program is deemed to be employed on a full-time basis during a school year if he performs services for at least the minimum period during which a pupil must be enrolled in any twelve-month period. The employment of any such probationary teacher as a teacher in such an alternative year program for such minimum period in successive twelve-month periods shall be deemed continuous.(II) A probationary teacher who is employed after the first day of the academic year is deemed to be employed for a full school year if the period of continuous and uninterrupted employment during that year includes the last one hundred twenty school days of the academic year.(III) The three consecutive school years of demonstrated effectiveness and continuous employment required for the probationary period shall not be deemed to be interrupted by the temporary illness of a probationary teacher. A leave of absence approved by the board of a school district or a military leave of absence pursuant to article 3 of title 28, C.R.S., shall not be considered to be an interruption of the consecutive years of demonstrated effectiveness and continuous employment required for the probationary period, but the time of such leaves of absence shall not be included in computing the required probationary period.(IV) The three consecutive school years of demonstrated effectiveness and continuous employment required for the probationary period shall not be deemed to be interrupted by the acceptance by a probationary teacher of the position of chief administrative officer in said school district, but the period of time during which such teacher serves in such capacity shall not be included in computing said probationary period.(3) A probationary teacher employed by a school district on a full-time basis shall be deemed to be reemployed for the succeeding academic year at the salary that the probationary teacher would be entitled to receive under the general salary schedule, the teacher salary policy, or the combination schedule and policy, whichever is appropriate, unless the board causes written notice to the contrary to be given to said teacher on or before June 1 of the academic year during which said teacher is employed. Such teacher shall be presumed to have accepted such employment for the succeeding academic year unless said teacher causes written notice to the contrary to be given to the board no later than thirty days prior to the commencement of the succeeding academic year.(4)(a) The chief administrative officer of the employing school district may recommend that the board not renew the employment contract of a probationary teacher for any reason he deems sufficient. If the board, based upon such recommendation, does not renew the employment contract of a probationary teacher, such teacher shall be given a written notice of contract nonrenewal.(b)(I) A probationary teacher who is given a written notice of contract nonrenewal may request, and, if requested, shall receive, the reasons for nonrenewal from the chief administrative officer of the employing school district.(II) It is the intent of the general assembly that the provision to a probationary teacher of the reasons for contract nonrenewal not create any property right or contract right, express or implied. However, a board may, but shall not be required to, agree by contract or school district policy to make the reasons for nonrenewal a grievable action. If a state appellate court or a federal court determines that such a property right has been created and the time for all appeals has passed, this paragraph (b) shall be repealed. The court making such a determination shall be required to transmit a copy of the court's decision to the revisor of statutes. The effective date of the repeal of this paragraph (b) shall be the date the revisor of statutes receives notice from the court that such decision has been made and that the time for all appeals has passed.(5) A probationary teacher may be suspended temporarily during the contractual period until the date of dismissal as ordered by the board pursuant to section 22-63-302.(6)(a) Notwithstanding the provisions of section 24-72-204 (3)(a), C.R.S., upon a request from a school district or a school concerning a person applying for a position as a teacher, a school district may disclose to the requesting school district or school the reason or reasons why a teacher left employment with the original school district. The information disclosed pursuant to this paragraph (a) shall only be disclosed to personnel authorized to review the personnel file in the school district or school and to the person applying for a position as a teacher.(b) No employment contract executed pursuant to this section shall contain a provision that restricts or prohibits a school district from disclosing to another school district or school the reason or reasons why a teacher left employment with the original school district.Amended by 2020 Ch. 197, § 48, eff. 6/30/2020.L. 90: Entire article R&RE, p. 1121, § 1, effective July 1. L. 92: (2)(a) amended, p. 475, § 8, effective April 29. L. 93: (3) amended, p. 901, § 2, effective May 11. L. 95: (3) amended, p. 884, § 6, effective July 1. L. 97: (3) amended, p. 399, § 2, effective August 15. L. 99: (2)(b)(II) amended, p. 139, § 1, effective July 1; (6) added, p. 1104, § 9, effective July 1. L. 2010: (1), (2)(b)(III), and (2)(b)(IV) amended and (4)(a.5) added, (SB 10-191), ch. 241, pp. 1073, 1074, §§ 13, 14, effective May 20. L. 2020: (3.5) added, (HB 20-1418), ch. 958, p. 958, § 48, effective June 30.(1) This section is similar to former § 22-63-110 as it existed prior to 1990.
(2) Subsection (4)(a.5)(I) provided for the repeal of subsection (4)(a.5) upon the implementation of the performance evaluation system in subsection (4)(a.5). The revisor of statutes received notice of the implementation of the performance evaluation system on October 17, 2013.
(3) As of the date of publication, the revisor of statutes has not received the notice referred to in subsection (4)(b)(II), the receipt of which notice will cause the repeal of subsection (4)(b).
(4) Subsection (1)(a) provided for the repeal of subsection (1)(a), effective July 1, 2014. (See L. 2010, p. 1073.)
(5) Subsection (3.5)(b) provided for the repeal of subsection (3.5), effective July 1, 2021. (See L. 2020, p. 958.)
For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020.