Colorado § 22-63-401 - Salary schedule - adoption - changes.

§ 22-63-401. Salary schedule - adoption - changes.

(1) The board of a school district shall adopt by resolution a salary schedule that may be by job description and job definition, a teacher salary policy based on the level of performance demonstrated by each teacher, or a combination of the salary schedule and salary policy. Such salary schedule, salary policy, or combination schedule and policy shall be adopted in conjunction with or prior to the adoption of the budget for the following fiscal year. The schedule, policy, or combination schedule and policy shall remain in effect until changed or modified by the board. All teachers employed by the district shall be subject to such salary schedule, policy, or combination schedule and policy.

(2) If a district chooses to adopt a salary schedule, the board shall place each teacher in the school district on the salary schedule at a level at least commensurate with, but not limited to, each teacher's education, prior experience, and experience in the district as provided in the salary schedule.

(3) The adopted salary schedule, policy, or combination schedule and policy shall not be changed or modified during the school year in a manner so as to reduce the salary of a teacher for such school year; but the reassignment of a teacher with a reduction in salary pursuant to section 22-63-206 (2) or (3) shall not be included within the limitations of this subsection (3).

(4) The salary or compensation of any teacher may be changed for any succeeding school year in accordance with the salary schedule, policy, or combination schedule and policy adopted by the employing board. There shall be no reduction in the salary of any classroom teacher unless there is a general reduction in the salaries of all teachers in the district according to the adopted salary schedule, policy, or combination schedule and policy.

(5) The trustee or trustees of a trust for the benefit of a teacher compensation system in a school district coterminous with a city and county shall manage and invest the funds and assets held in trust pursuant to the standards and other provisions for trustees set forth in the "Colorado Uniform Prudent Investor Act", article 1.1 of title 15, C.R.S.

Source: L. 90: Entire article R&RE, p. 1127, § 1, effective July 1; (1) amended, p. 1084, § 44, effective July 1. L. 95: Entire section amended, p. 882, § 1, effective July 1. L. 2006: (5) added, p. 551, § 1, effective August 7.

Editor's note: This section is similar to former § 22-63-105 as it existed prior to 1990.

ANNOTATION

Annotator's note. Since § 22-63-401 is similar to § 22-63-105 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.

Prospective modification only. The school board has the power to modify salary schedules only prospectively. Ball v. Weld County Sch. Dist. No. RE-3J, 37 Colo. App. 16, 545 P.2d 1370 (1975).

The board's discretion with respect to establishing a salary schedule includes determining the educational requirements for placement on such schedule. Osborn v. Harrison Sch. Dist. No. 2, 844 P.2d 1283 (Colo. App. 1992).

Classifications of teachers need only be reasonable and result in uniform treatment of those performing similar functions. Osborn v. Harrison Sch. Dist. No. 2, 844 P.2d 1283 (Colo. App. 1992).

Even if the duties of counselors and social workers are identical, the different educational requirements provide a reasonable basis for a salary differential. Osborn v. Harrison Sch. Dist. No. 2, 844 P.2d 1283 (Colo. App. 1992).