September 22, 2018

Colorado Supreme Court: Teacher Employment, Compensation, and Dismissal Act Did Not Create Legislative Contract

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

In this case, the supreme court considers two questions. First, it considers whether the General Assembly, by enacting the Teacher Employment, Compensation, and Dismissal Act of 1990 (“TECDA”), created a legislative contract that it later impaired by enacting the unpaid-leave provisions of C.R.S. § 22-63-202(2)(c.5) (2017). Second, it considers whether a nonprobationary teacher who is placed on unpaid leave under C.R.S. § 22-63-202(2)(c.5)(IV) is deprived of due process. The supreme court holds that TECDA did not create a legislative contract or vest nonprobationary teachers who are placed on unpaid leave with a property interest in salary and benefits. The supreme court therefore concludes that the General Assembly has not impaired a contractual obligation by enacting the unpaid-leave provisions, and that nonprobationary teachers who are placed on unpaid leave have not suffered a violation of their right to due process.

Summary provided courtesy of Colorado Lawyer.

Print Friendly, PDF & Email

Speak Your Mind

*