Johnson v. School District No. 1 in the City and County of Denver

Summary

The Colorado Supreme Court answered two certified questions from the Tenth Circuit concerning Colorado’s teacher employment statutes. It held that the unpaid-leave provisions of section 22-63-202(2)(c.5) apply to all displaced nonprobationary teachers, not only those displaced for the reasons listed in subsection (VII). The court also held that a nonprobationary teacher placed on unpaid leave has no vested property interest in salary and benefits.

Holdings

1. Section 22-63-202(2)(c.5) applies to all displaced nonprobationary teachers who cannot obtain a mutual-consent assignment, not only to teachers displaced for the enrollment-, program-, or building-related reasons listed in subparagraph (VII).
2. A nonprobationary teacher placed on unpaid leave under section 22-63-202(2)(c.5)(IV) has no vested property interest in salary and benefits and therefore is not deprived of a state property interest.

Questions Presented

1. Whether section 22-63-202(2)(c.5), C.R.S. (2017), applies to all displaced nonprobationary teachers who cannot obtain a mutual-consent placement or only to teachers displaced for the reasons listed in section 22-63-202(2)(c.5)(VII).
2. Whether a nonprobationary teacher placed on unpaid leave under section 22-63-202(2)(c.5)(IV) has a vested state-law property interest in salary and benefits protected by due process.

Disposition

other