September 22, 2018

Colorado Supreme Court: Nonprobationary Teachers Placed on Unpaid Leave Have No Vested Property Interest in Salary and Benefits

The Colorado Supreme Court issued its opinion in Johnson v. School Dist. No. 1 on Monday, March 12, 2018.

In this case, the supreme court considers two certified questions from the United States Court of Appeals for the Tenth Circuit. The first is whether the unpaid-leave provisions of C.R.S. § 22-63-202(2)(c.5) (2017) apply to all nonprobationary teachers who are not employed in a “mutual consent” placement, or only to those who are displaced for the reasons enumerated in C.R.S. § 22-63-202(2)(c.5)(VII). The second is whether a nonprobationary teacher who is placed on unpaid leave under C.R.S. § 22-63- 202(2)(c.5)(IV) is deprived of a state property interest in salary and benefits. The supreme court holds that the provisions of C.R.S. § 22-63-202(2)(c.5) apply to all displaced nonprobationary teachers, not just nonprobationary teachers who are displaced because of a reason stated in section 22-63-202(2)(c.5)(VII). The supreme court further holds that nonprobationary teachers who are placed on unpaid leave have no vested property interest in salary and benefits, meaning a nonprobationary teacher who is placed on unpaid leave under C.R.S. § 22-63-202(2)(c.5)(IV) is not deprived of a state property interest.

Summary provided courtesy of Colorado Lawyer.

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