Passed in 2010 with bipartisan support, Colorado’s Senate Bill 191 is a big law that includes a lot of different timelines. Frequent delays in the law’s implementation only add to the confusion. But despite all that messiness, the law is beginning to do its work.
At its core, SB 191 is a tenure reform law. Okay, okay, legal nerds, a “non-probationary status” reform law. Previously, Colorado teachers earned non-probationary status after three years of teaching. That status provides near-absolute “due process” job protections that could force school district leaders to navigate legal requirements all the way to the steps of the Colorado Supreme Court should they decide to fire a non-probationary teacher. Under SB 191, teachers earn non-probationary status after three years of effective teaching. As an important corollary, those same teachers can lose that status after two years of ineffective teaching.
We’ve discussed the ins and outs of these reforms at some length in the context of the union-led assault on legislative authority that is the Masters case, which deals with SB 191’s lesser-known mutual consent provision. We’ve also covered the Independence Institute’s arguments about why the union is way off base legally in that case. We won’t beat those dead policy horses this afternoon. Instead, we’ll talk about the fact that SB 191’s centerpiece component—the loss of non-probationary status for ineffective teachers—has come online. Continue Reading »