Beginning with the 2014-15 school year, a nonprobationary teacher, except for a nonprobationary teacher who has had two consecutive performance evaluations with an ineffective rating, who is employed by a school district and is subsequently hired by a different school district may provide to the hiring school district evidence of his or her student academic growth data and performance evaluations for the prior two years for the purposes of retaining nonprobationary status. If, upon providing such data, the nonprobationary teacher can show two consecutive performance evaluations with effectiveness ratings in good standing, he or she shall be granted nonprobationary status in the hiring school district.
Source: L. 2010: Entire section added, (SB 10-191), ch. 241, p. 1075, § 15, effective May 20.
ANNOTATION
School districts may not require teachers to waive the statutory right to port nonprobationary status as a condition of employment. Poudre Sch. Dist. R-1 v. Stanczyk, 2021 CO 57, 489 P.3d 743.
Nonprobationary teachers do not have a property interest in continued employment, therefore, teachers' due process rights were not violated. Stanczyk v. Poudre Sch. Dist. R-1, 2020 COA 27M-2, 490 P.3d 582, aff'd on other grounds, 2021 CO 57, 489 P.3d 743.
A school district may not restrict a teacher's ability to exercise the right of nonprobationary portability through the use of a job application and form employment contract that require a teacher to relinquish the right to nonprobationary portability as a condition of employment. Stanczyk v. Poudre Sch. Dist. R-1, 2020 COA 27M-2, 490 P.3d 582, aff'd, 2021 CO 57, 489 P.3d 743.
A school district may obtain an exemption from this section's mandate from the state board of education. Stanczyk v. Poudre Sch. Dist. R-1, 2020 COA 27M-2, 490 P.3d 582, aff'd, 2021 CO 57, 489 P.3d 743.
This section does not create a statutory contract. Stanczyk v. Poudre Sch. Dist. R-1, 2020 COA 27M-2, 490 P.3d 582, aff'd on other grounds, 2021 CO 57, 489 P.3d 743.