FOR IMMEDIATE RELEASE
June 21, 2021
Teachers Win Right to Switch Jobs Without Losing Protections
Colorado Supreme Court sides with teachers against school districts
DENVER – Today, the Colorado Supreme Court ruled that school districts may not compel qualified teachers to waive portability of their non-probationary status as a condition of applying for a job with a new district.
“The court recognized that teachers with a proven track record of student achievement should be able to retain their non-probationary status when they’re hired in a new district,” said Amie Baca-Oehlert, a high school counselor and president of the Colorado Education Association.“It’s gratifying to receive the respect we’ve earned as the people who work hard every day to provide exceptional teaching and learning for all students in every neighborhood.”
The case – Poudre School District R-1 and Board of Education of Poudre School District R-1 v. Patricia Stanczyk and Poudre Education Association, 2021 Co 57 – concerned Poudre School District requiring applicants for teaching positions to waive their right to portability as a condition of submitting a job application. The Supreme Court held that this mandatory waiver violated the statutory requirement that school districts“shall” grant portability to qualified teachers who apply for it.
Colorado law, ¬ß 22-63-203.5, C.R.S., provides that teachers who have obtained non-probationary status, and who have two consecutive years of effective evaluation ratings, may“port” that status when they are hired by a different school district. To do so, they must provide the hiring district evidence of their student academic growth data and performance evaluations. In this event, the law provides, the hiring district“shall” grant them non-probationary status.
“While we are grateful for the Court’s ruling, it’s important for teachers to know that they must apply for portability because it isn’t automatic,” said Baca-Oehlert. “Local leaders are available to help CEA members with portability applications in their districts.”
About the Colorado Education Association
The Colorado Education Association is the voice of 39,000 educators, working together in a strong union to ensure all students get the exceptional public schools they deserve, in every neighborhood across the state. As Colorado’s largest labor union, CEA works collectively with all education stakeholders to ensure Colorado’s standing as an excellent state in which to learn, live, work, and raise a family.
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