Abstract
In 2010, the Colorado General Assembly passed the Ensuring Quality Instruction through Education Effectiveness Act (S.B. 191). The law ties teachers' job security to the performance of their students, among other things, and changes the way that teachers and principals are evaluated. One crucial aspect of the law, and the subject of this Comment, is the mutual consent provision. This provision provides principals with the power to ensure the effectiveness of their teachers within their own schools by means of allowing them to oversee the hiring process of teachers. The mutual consent provision states that teachers can only be hired at a school with the consent of the principal. This law is at odds with section 22-32-109(1)(f)(I) of the Colorado Revised Statutes (the hiring statute), which delegates to school boards, not principals, the exclusive hiring power. Before the passage of S.B. 191, the Colorado Supreme Court had determined that school boards have the nondelegable power to hire teachers. This tension between S.B. 191 and the hiring statute raises a number of issues regarding the hiring of teachers.
In 2010, the Colorado General Assembly passed the Ensuring Quality Instruction through Education Effectiveness Act (S.B. 191). The law ties teachers' job security to the performance of their students, among other things, and changes the way that teachers and principals are evaluated. One crucial aspect of the law, and the subject of this Comment, is the mutual consent provision. This provision provides principals with the power to ensure the effectiveness of their teachers within their own schools by means of allowing them to oversee the hiring process of teachers. The mutual consent provision states that teachers can only be hired at a school with the consent of the principal. This law is at odds with section 22-32-109(1)(f)(I) of the Colorado Revised Statutes (the hiring statute), which delegates to school boards, not principals, the exclusive hiring power. Before the passage of S.B. 191, the Colorado Supreme Court had determined that school boards have the nondelegable power to hire teachers. This tension between S.B. 191 and the hiring statute raises a number of issues regarding the hiring of teachers. principals to take a leadership role in the hiring process, while the hiring statute provides for school boards to continue playing a role in oversight. This reading of the two laws strengthens the overall hiring process.
Recommended Citation
Amanda R. Levin,
Who May Hire Teachers: How Mutual Consent Fits Into the Current Colorado Hiring Framework,
85
U. Colo. L. Rev.
229
(2014).
Available at:
https://scholar.law.colorado.edu/lawreview/vol85/iss1/6