(1) (a) A teacher may be transferred upon the recommendation of the chief administrative officer of a school district from one school, position, or grade level to another within the school district, if the transfer does not result in the assignment of the teacher to a position of employment for which the teacher is not qualified by virtue of academic preparation and certification and if, during the then current school year, the amount of salary of the teacher is not reduced except as otherwise provided in subsections (2) and (3) of this section. There shall be no discrimination shown toward any teacher in the assignment or transfer of that teacher to a school, position, or grade because of sex, sexual orientation, marital status, race, creed, color, religion, national origin, ancestry, or membership or nonmembership in any group or organization.
(b) As used in this subsection (1):
"Protective hairstyle" includes such hairstyles as braids, locs, twists, tight coils orcurls, cornrows, Bantu knots, Afros, and headwraps.
"Race" includes hair texture, hair type, or a protective hairstyle that is commonly orhistorically associated with race.
Notwithstanding the provisions of subsection (1) of this section, a teacher who hasbeen occupying an administrative position may be assigned to another position for which he or she is qualified if a vacancy exists in such position, and, if so assigned, with a salary corresponding to the position. If the school district has adopted a general salary schedule or a combination salary schedule and policy, the board may consider the years of service accumulated while the teacher was occupying the administrative position when the board determines where to place the teacher on the schedule for the assigned position.
Notwithstanding the provisions of subsection (1) of this section, the salary of a teacher who has received additional compensation for the performance of additional duties may be reduced if said teacher has been relieved of such additional duties.
A teacher may enter into an agreement for an economic work-learn program leave ofabsence with a board of education that shall not affect the teacher's employment status, position on the salary schedule if the school district has adopted a general salary schedule or combination salary schedule and policy, or insurance and retirement benefits.
Nothing in this section shall be construed as requiring a receiving school to involuntarily accept the transfer of a teacher. All transfers to positions at other schools of the school district shall require the consent of the receiving school.
Source: L. 90: Entire article R&RE, p. 1123, § 1, effective July 1. L. 95: (2) and (4) amended, p. 884, § 7, effective July 1. L. 2004: (2) amended, p. 56, § 1, effective August 4. L. 2008: (1) amended, p. 1602, § 26, effective May 29. L. 2010: (5) added, (SB 10-191), ch. 241, p. 1075, § 17, effective May 20. L. 2020: (1) amended, (HB 20-1048), ch. 8, p. 19, § 9, effective September 14.
Editor's note: (1) This section is similar to former § 22-63-114 as it existed prior to 1990.
(2) Section 13(2) of chapter 8 (HB 20-1048), Session Laws of Colorado 2020, provides that the act changing this section applies to conduct occurring on or after September 14, 2020.
Cross references: (1) For the legislative declaration contained in the 2008 act amending subsection (1), see section 1 of chapter 341, Session Laws of Colorado 2008.
(2) For the short title ("Creating a Respectful and Open World for Natural Hair Act of 2020" or the "CROWN Act of 2020") and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020.