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Colorado Education Association v. Colorado State Board of Education
The Colorado Education Association appealed the district court’s judgment denying its petition for review of two rules governing the evaluation of teacher performance adopted by the Colorado State Board of Education. Department of Education Rule 3.3 establishes a performance standard of “partially effective” and defines it as one of two ratings that demonstrates ineffectiveness.
Department of Education Rule 5.4 establishes the appeal process for teachers who have received two consecutive ratings demonstrating ineffectiveness but limits the grounds upon which a teacher can base their appeal. The CEA argues, as it did to the district court, that the board exceeded its statutory authority by defining the “partially effective” performance standard as a second rating demonstrating ineffectiveness and by impermissibly restricting the grounds on which teachers may appeal a second consecutive rating demonstrating ineffectiveness.
The Colorado Court of Appeals, like the district court, disagreed that the board exceeded its authority. It affirmed the judgment of the district court.