Johnson v. Sch. Dist. No. 1Annotate this Case
The Tenth Circuit Court of Appeals certified two questions of Colorado law to the Colorado Supreme Court. The questions stemmed from an action brought by teacher Linda Johnson against Denver School District No. 1 (“the District”) and the District’s Board of Education, in which Johnson argued that by placing her on unpaid leave, the District breached her contract and violated her due process rights. The federal district court concluded that because Johnson was placed on unpaid leave, rather than terminated, she was not deprived of a property interest. Johnson appealed that decision to the Tenth Circuit. After analyzing the statutory history and the current statutory language, the Colorado Supreme Court held that the provisions of section 22-63-202(2)(c.5) (CRS 2015) applied to all displaced nonprobationary teachers, not just nonprobationary teachers who were displaced because of a reduction in enrollment or an administrative decision to eliminate certain programs (the reasons stated in subparagraph (VII)). Furthermore, the Court held that nonprobationary teachers who placed on unpaid leave had no vested property interest in salary and benefits, meaning a nonprobationary teacher who is placed on unpaid leave under subparagraph (IV) is not deprived of a state property interest.