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Poudre School District R-1 v. Stanczyk.

2021 CO 57. No. 20SC269. Statutes—Education Law—Teacher Employment, Compensation, and Dismissal Act—Nonprobationary Status.

June 21, 2021

The Supreme Court considered whether, under CRS § 22-63-203.5 of the Teacher Employment, Compensation, and Dismissal Act (TECDA), school districts may require lateral teachers who have earned nonprobationary status in another school district to waive portability of that status. Because TECDA places the decision-making authority with respect to asserting or waiving portability with the teacher, the Court concluded that school districts may not require teachers to waive portability of nonprobationary status as a condition of employment. Because waiver was required as a condition of employment in this case, the teacher’s waiver of her right to assert portability was involuntary and, as a result, invalid.

Accordingly, the Court affirmed the Court of Appeals’ judgment on other grounds and remanded the case for further proceedings.

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