Justia Education Law Opinion Summaries

Petitioner Cathy Ritzert had worked as a teacher for more than twenty years. She worked for the Air Academy High School, part of the Academy School District No. 20. A student's parents complained about Ritzert, and the District placed her on administrative leave, telling her they would recommend dismissal unless she resigned. Ritzert refused. Several months passed without the District making good on its threat to fire her. Ritzert eventually took a new job teaching special needs students in a neighboring district, claiming she did this to mitigate her damages. She still wanted the District to prove it had a legitimate basis for terminating her, so she again refused to quit. The District responded by ordering Ritzert to report to work as a floating substitute. When Ritzert did not comply, the District initiated formal dismissal proceedings, claiming in part that her refusal to return to work constituted insubordination. A hearing officer recommended that Ritzert be retained, finding in part that the District's insubordination allegation was pretextual and unreasonable under the circumstances. The Board dismissed Ritzert for insubordination anyway, making no comment about the complaint that triggered placing her on leave in the first place. Upon review of this matter, the Colorado Supreme Court held that under the Teacher Employment, Compensation and Dismissal Act of 1990 (TECDA), the School Board's order must be fully warranted by the hearing officer's evidentiary findings of fact. Because the Board here "abdicated" that responsibility here, the Court concluded that its decision to dismiss Ritzert for insubordination on the facts of this case was arbitrary and capricious. The Court reversed the court of appeals and remanded this case to the Board to reinstate Ritzert. View "Ritzert v. Board of Education" on Justia Law

The Students for Concealed Carry on Campus, LLC, with Martha Altman, Eric Mote, and John Davis (collectively, Students), filed a complaint against the University of Colorado's Board of Regents alleging that the Board's Weapons Control Policy 14-I (which prohibits the carrying of handguns on campus by all persons but certified law enforcement personnel) violates the Colorado Concealed Carry Act (CCA) and the Colorado Constitution's right to bear arms. The Board filed a motion to dismiss which the district court granted. The Students appealed, and the court of appeals reversed, holding that the Students stated a claim for relief because the CCA expressly applied to "all areas of the state." The court further concluded that the Students had stated a claim for relief under article II, section 13 of the Colorado Constitution, which affords individuals the right to bear arms in self-defense. The Supreme Court affirmed, finding the CCA's comprehensive statewide purpose, broad language, and narrow exclusions show that the General Assembly intended to divest the Board of Regents of its authority to regulate concealed handgun possession on campus. Accordingly, the Supreme Court agreed with the court of appeals that, by alleging the Policy violated the CCA, the Students stated a claim for relief. View "Regents of the University of Colorado v. Students for Concealed Carry on Campus" on Justia Law