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Colorado Supreme Court to hear Denver teachers’ lawsuit challenging ‘mutual consent’

DENVER, CO. - MARCH 07: Assistant attorney general Jonathan Fero, center, addresses the Colorado Supreme Court, March, 07, 2013. The case, Lobato vs. State of Colorado, was filed in 2005 by a group of parents from around the state and school districts from the San Luis Valley. (Photo By RJ Sangosti/The Denver Post)
DENVER, CO. – MARCH 07: Assistant attorney general Jonathan Fero, center, addresses the Colorado Supreme Court, March, 07, 2013. The case, Lobato vs. State of Colorado, was filed in 2005 by a group of parents from around the state and school districts from the San Luis Valley. (Photo By RJ Sangosti/The Denver Post)
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A lawsuit brought by seven current and former teachers against Denver Public Schools will be taken up by the state Supreme Court, the court announced Monday.

The teachers allege DPS is misusing a part of the state’s landmark educator effectiveness law to get rid of teachers with non-probationary status, commonly known as tenure.

Before the law passed in 2010, non-probationary teachers who lost their positions because of circumstances such as decreasing student enrollment were assigned to open positions at other schools, a practice sometimes called “forced placement.”

District leaders didn’t like forced placement for several reasons. They argued that it most often happened at low-income schools, which led to the kids who need the most help disproportionately being taught by teachers who didn’t choose to be there.

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Chalkbeat Colorado is a nonprofit news organization covering education issues. For more, visit .

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