The state should articulate that ineffective classroom performance is grounds for dismissal and ensure that the process for terminating ineffective teachers is expedient and fair to all parties.
New legislation in Colorado specifically identifies classroom ineffectiveness as grounds for dismissal. For teachers who receive "a performance rating of ineffective, the evaluator shall either make additional recommendations for improvement or may recommend the dismissal of the person." In addition, a teacher reverts to probationary status after two consecutive years of ineffective evaluations.
Although Colorado has attempted to address issues of due process and dismissal by reverting ineffective teachers to probationary status, the state also retains other policy that does not distinguish the due process rights of teachers dismissed for ineffective performance from those facing other charges commonly associated with license revocation such as a felony and/or morality violations. The process is the same regardless of the grounds for cancellation, which include "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."
Tenured teachers who are terminated may appeal multiple times. After receiving written notice of dismissal, the teacher may request a hearing within five days. A hearing officer must then be selected within five days, and then within three days, the hearing office schedules the hearing, which must take place within 30 days. The teacher may then file an additional appeal in the court of appeals. According to the state, this review is given precedence and is "heard in an expedited manner"; however, a specific time frame is not articulated. Another appeal, to the Supreme Court, is also possible.
Colorado Revised Statutes 22-63-301; 302 Colorado Senate Bill 10-191
Align dismissal statute to support evaluation policy.
Colorado should ensure that its dismissal policies are in step with the state's rigorous evaluation requirements. It should be clear that classroom ineffectiveness is grounds for dismissal for any teacher, regardless of tenure status. The dismissal policy should also avoid using euphemistic terms to describe poor performance.
Ensure that the appeal process occurs within a reasonable time frame and that due process rights are distinguished between dismissal for classroom ineffectiveness and dismissal for morality violations, felonies, or dereliction of duty.
Although probationary teachers who have earned such status due to unsatisfactory evaluations may not be subject to the state's dismissal laws, the state could do more to distinguish the due process rights of teachers dismissed for ineffective performance from those facing license revocation for dereliction of duty or felony and/or morality violations.
In addition, the state should ensure that the opportunity to appeal occurs only once and only at the district level. The decision should be made only by those with educational expertise.
Colorado recognized the factual accuracy of this analysis.