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Colorado teachers won’t be barred from striking – or face fines or jail time – because the bill’s GOP sponsor says he’ll yank it

Sen. Bob Gardner’s Senate Bill 264 drew swift outrage from teachers

"Any money beyond mortgage is borrowed," ...
Joe Amon, The Denver Post
“Any money beyond mortgage is borrowed,” said Art, photography and graphic design teacher Tammy McKenzie from Wheat Ridge HS as she joins thousands of teachers from Jeffco, Lake County, Douglas County and Clear Creek at the state Capitol to demand more money for schools. April 26, 2018 Denver, CO
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The Republican state senator who brought a bill seeking to prohibit Colorado teachers from striking by threatening firings, fines or even jail time said Monday he will kill his own measure, citing concerns over lawmakers’ already large workload in the waning days of this legislative session.

“We don’t have time to have two hours of testimony for a bill that won’t move forward,” said Sen. Bob Gardner, R-Colorado Springs. “You introduce bills for public policy discussions as much as anything, and the bill certainly caused that.”

Gardner’s legislation, , which came as thousands of teachers were gearing up to protest education funding and educator pay at the state Capitol, drew swift outrage from teachers across Colorado and statehouse Democrats after it was introduced earlier this month.

Even Gardner’s fellow Republicans were wary of the bill.

“I just think it’s wrong to make it illegal for people to be able to walk off the job — criminally,” said Senate President Pro Tem Jerry Sonnenberg, R-Sterling. “Now, does that mean there’s not consequences from your employer? There could be. But those ought to be dealt with by those local school boards, those local administrations.”

Sonnenberg sits on the Senate State, Veterans and Military Affairs Committee — where the bill was set to be heard Monday evening — and without his vote it would not have cleared the panel. Even if the measure had made it through the Republican-controlled Senate, Democrats in the House would have rejected it.

The bill sought to prohibit public school teachers and their organizations from directly or indirectly being involved in a strike and would have barred districts from paying an educator for any day they participate in a demonstration.

Under the bill, school districts would have been able to seek an injunction to stop a strike in court. Any educator who didn’t comply and went on strike anyway would have been in contempt and therefore could have faced fines or up to six months in jail, or both.

Furthermore, the measure would have allowed a school district to immediately fire a teacher — without a hearing — if they violated a court order prohibiting a strike.

Gardner said last week that he was going to amend the bill to take out the threat of jail time for educators. He said his legislation was inspired by teacher strikes this year in West Virginia.

Gardner has labeled as “absurd” accusations that he was trying hinder teachers’ free-speech rights, saying the bill didn’t wasn’t designed to take away their right to speak or assemble.

When asked if he would bring the bill again next year, Gardner did not commit. “A lot depends on what happens between now and January of next year,” he said. “If we have a teacher strike, I probably will.”

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