Question

Colorado Teacher Compensation and Dismissal Act

Asked 12 October 2012 · needs an answer

The question

I was dismissed from my teaching position 2 months into the school year. The principal said she wanted to "head in a different direction" and said she didn't need to give any other reason because it was they are an at-will employer. The Co. Teacher Compensation and Dismissal Act states:

"22-63-301. Grounds for dismissal.

A teacher may be dismissed for physical or mental disability, incompetency, neglect of duty, immorality,

unsatisfactory performance, insubordination, the conviction of a felony or the acceptance of a guilty plea, a plea

of nolo contendere, or a deferred sentence for a felony, or other good and just cause. No teacher shall be

dismissed for temporary illness, leave of absence previously approved by the board, or military leave of absence."

It also states a process of dismissal that states"...of that which the recommendation is made, shall mail a written notice of intent to dismiss to the teacher. The notice of intent to dismiss shall include a copy of the reasons for dismissal, a copy of this article, and all exhibits which the chief administrative officer intends to submit in support of his or her prima facie case against the teacher including a list of witnesses to be called by the chief administrative officer, addresses and telephone numbers of the witnesses, and all pertinent documentation in the possession of the chief administrative officer relative to the 10 circumstances surrounding the charges."

I never received anything in writing including any kind of write-ups of discipline.

So my question is:

In the school contract it did say that the school was an at-will employer and stated what that meant, but does that mean that the Colorado Teacher Compensation and Dismissal Act is void? Do I still have the right to know why I was dismissed and to have a process of how it happens? Please help!

Thank you.

From the LawyerCentral forum archive. Originally posted 12 October 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

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