The Teacher Employment, Compensation, and Dismissal Act of 1990 (TECDA) sets forth specific practices and requirements for Colorado school districts concerning the employment and dismissal of teachers, including probationary teachers. Under TECDA, a probationary teacher is deemed re-employed for the upcoming school year unless by June 1 the teacher has: 1) been given written notice of the school district’s intention to non-renew; and 2) the Board of Education has voted to approve the non-renewal.
That is, if a school district fails to strictly comply with the requirement of timely written notification and formal Board action by June 1, the probationary teacher is entitled to re-employment for the following school year and the school district must compensate the teacher at the salary that would have been received under the general salary schedule.
What does this mean for school districts? To ensure compliance with TECDA non-renewal requirements, we recommend the following:
- Start making decisions about your probationary teachers in the early spring of each school year;
- Work with your administrative office to make sure the nonrenewal procedures are being followed; and
- Check the Board of Education schedule to ensure the recommendation is submitted to the Board with sufficient time to provide adequate written notice to the probationary teacher by June 1.