Colorado § 22-63-103 - Definitions.

§ 22-63-103. Definitions.

As used in this article, unless the context otherwise requires:

(1) "Academic year" means that portion of the school year during which the public schools of a school district are in regular session, beginning about the first week in September and ending about the first week in June next following.

(1.5) "Administrator" means any person who administers, directs, or supervises the education instructional program, or a portion thereof, in any school or school district in the state and who is not the chief executive officer or an assistant chief executive officer of such school.

(2) "Alternative year program" means an academic year meeting the minimum hours required in section 22-32-109 (1)(n) and which is in session for a period of time other than the standard academic year.

(3) "Board" means the board of education of a school district.

(4) "Dismissal" means the involuntary termination of employment of a teacher for any reason other than a justifiable decrease in teaching positions.

(5) "Nonrenewal" means the involuntary termination of employment of a probationary teacher by a board at the expiration of a specific contractual period.

(6) "Part-time teacher" means a teacher who normally performs services as an employee of a school in an amount of time less than four hours during each regular school day.

(7) "Probationary teacher" means a teacher who has not completed three consecutive years of demonstrated effectiveness or a nonprobationary teacher who has had two consecutive years of demonstrated ineffectiveness, as defined by rule adopted by the general assembly pursuant to section 22-9-105.5.

(8) "School district" means a school district organized and existing pursuant to law.

(9) "School year" means July 1 through June 30 next following.

(10) "Substitute teacher" means a teacher who normally performs services as an employee of a school district for four hours or more during each regular school day, but works on one continuous assignment for a total of less than ninety regular school days, or for less than one semester or equivalent time as determined by the annual school year calendar of the district in which the teacher is employed during an academic year. "Substitute teacher" also means an itinerant teacher who, as an employee of a school district, normally performs services on a day-to-day or similar short-term basis during an academic year as a replacement teacher for a nonprobationary teacher employed pursuant to section 22-63-202, a probationary teacher employed pursuant to section 22-63-203, or a part-time teacher while the nonprobationary, probationary, or part-time teacher is absent or otherwise unavailable. "Substitute teacher" does not include any nonprobationary or probationary teacher who is assigned as a permanent substitute teacher within a school district.

(11) "Teacher" means any person who holds a teacher's license issued pursuant to the provisions of article 60.5 of this title and who is employed to instruct, direct, or supervise the instructional program. "Teacher" does not include those persons holding authorizations and the chief administrative officer of any school district.

Source: L. 90: Entire article R&RE, p. 1117, § 1, effective July 1. L. 98: (10) amended, p. 15, § 1, effective March 16. L. 2000: (1.5) added, p.1062, § 1, effective May 26; (11) amended, p.1860, § 67, effective August 2. L. 2010: (7) amended, (SB 10-191), ch. 241, p. 1070, § 10, effective May 20.

Editor's note: This section is similar to former § 22-63-102 as it existed prior to 1990.

ANNOTATION

Law reviews: For comment, "Who May Hire Teachers: How Mutual Consent Fits Into the Current Colorado Hiring Framework", see 85 U. Colo. L. Rev. 229 (2014).

Annotator's note. Since § 22-63-103 is similar to § 22-63-102 as it existed prior to the 1990 repeal and reenactment of this article, relevant cases construing that provision have been included in the annotations to this section.

Personnel held to be "teachers" within the definition in this section. Sch. Dist. No. 2 v. Brenton, 137 Colo. 247, 323 P.2d 899 (1958); Robb v. Sch. Dist. No. RE 50(J), 28 Colo. App. 453, 475 P.2d 30 (1970).

Eligibility for certificate not relevant to determination as "teacher". Because a teacher must hold a valid and current teacher's certificate to acquire tenure under the teacher employment, dismissal, and tenure act, an individual's eligibility for such certificate is of no consequence to the issue of who is a "teacher" within the meaning of this section. Milan v. Aims Junior Coll. Dist., 623 P.2d 65 (Colo. App. 1980).

Where person did not hold a valid and current teacher's certificate at the time of her dismissal, she was not a "teacher" within the meaning of this article. Frey v. Adams County Sch. Dist. No. 14, 771 P.2d 27 (Colo. App. 1989).

Applied in Blair v. Lovett, 196 Colo. 118, 582 P.2d 668 (1978).