Talbot v. School District No. 1

Opinion by JUDGE STERNBERG The plaintiff, Sander Talbot, filed an action in district court for relief from his termination of employment as a tenured teacher by Denver School District No. 1. The district court dismissed the action for lack of jurisdiction after concluding that jurisdiction was in the Colorado Court of Appeals pursuant to § 22-63-117(11), C.R.S. (1984 Cum. Supp.) of the Teacher Tenure Act, §§ 22-63-101, et seq., C.R.S. We dismiss in part, reverse in part, and remand the case with directions. from the sparse record in this case, it appears that Talbot was a tenured teacher who was absent from his duties, without permission, beginning sometime in the spring of 1982 and continuing through September 16, 1982. Talbot alleges that his absence was a result of a temporary disability which rendered him incapable for voluntary, knowing relinquishment of any legal right. The Board of Education of the District took action to terminate Talbot's employment by approving a notation in plaintiff's personnel folder that plaintiff had left without formal resignation. It is undisputed that no hearings or other proceedings pursuant to § 22-63-117 were held, although Talbot alleges that, through his counsel, he requested a hearing following his termination.