Snyder v. Jefferson County School District R-1

842 P.2d 624, 16 Brief Times Rptr. 1989, 1992 Colo. LEXIS 1145, 1992 WL 365746
CourtSupreme Court of Colorado
DecidedDecember 14, 1992
Docket91SC502
StatusPublished
Cited by11 cases

This text of 842 P.2d 624 (Snyder v. Jefferson County School District R-1) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Snyder v. Jefferson County School District R-1, 842 P.2d 624, 16 Brief Times Rptr. 1989, 1992 Colo. LEXIS 1145, 1992 WL 365746 (Colo. 1992).

Opinions

Justice KIRSHBAUM

delivered the Opinion of the Court.

In Snyder v. Jefferson County School District R-1, 821 P.2d 840 (Colo.App.1991), the Colorado Court of Appeals affirmed the order of respondent, the Jefferson County School District No. R-1 Board of Education (the school board), dismissing the petitioner, Michelle Snyder, from a tenure teacher position for “other good and just cause,” pursuant to section 22-63-116, 9 C.R.S. (1988), of the Teacher Employment, Dismissal, and Tenure Act of 1967, §§ 22-63-101 to -118, 9 C.R.S. (1988) (the 1967 Act). The Court of Appeals concluded that the school board’s decision was fully warranted by evidentiary findings made by an Administrative Law Judge (AU) at the conclusion of a tenure teacher dismissal hearing, had a reasonable basis in law, and did not constitute an abuse of discretion. We affirm the judgment of the Court of Appeals.

I

The following facts are essentially undisputed. From 1969 until 1983, Snyder was employed by respondent, Jefferson County School District R-l (the district), as a male teacher named Gerald Max Snyder. In 1975, Snyder began medical treatments in order to appear feminine. By the end of the 1982-83 school year, after a year of therapy with a psychotherapist experienced in dealing with transsexual patients, Snyder had decided to undergo sex-reassignment surgery. As part of the pre-surgery procedure, Snyder moved to California for one year after the 1982-83 school year to [626]*626engage in the role of a female in a test to confirm the decision to undergo the contemplated surgery.

In June 1983, the district sent a letter stating that the teaching certificate held by Snyder was due to expire on December 30, 1983. On August 15, 1983, Snyder sent a letter to the district stating that Snyder would not return to teach in the fall because of health reasons.1 Snyder was subsequently granted leave with pay.

On December 1, 1983, the district sent a letter to Snyder stating that it was prohibited from paying Snyder in the absence of a current teaching certificate and that Snyder would be suspended without pay effective January 2, 1984, in the event such a certificate were not obtained.

Snyder responded by a letter dated December 21, 1983, which contained the following statements:

I have a problem. I am on sick leave. Because of my condition I have been unable to complete the requirements for renewing my certificate. I ask that I be allowed to continue on sick leave with pay.
I am aware that I must renew my certificate before I can return to my active teaching position.

On December 30, 1983, Snyder’s teaching certificate expired. On January 4, 1984, the district sent a letter to Snyder stating in part as follows:

We will place you on sick leave through January 18, 1984 at which time you will have exhausted all your accrued sick leave. You will then be placed on an unpaid leave for the balance of the 1983-84 school year. You are not eligible to remain in pay status or return to teaching without a valid current Colorado teaching certificate on file in the Personnel Office.

On August 14, 1984, Snyder elected not to return to work in the fall, informed the district of the fact, and asked the district to indicate an appropriate later return date. On August 31, 1984, the district’s employment director sent Snyder a letter that stated in pertinent part as follows:

We do not wish to terminate an employee, however the terms of your leave do require that you return to teaching in the District the beginning of the 1984-85 school year.
In order to extend your leave I will need the necessary medical information and a written request requesting the continuation of your leave based on personal health reasons.
If you are not currently certified as a teacher in Colorado, you will not be employed by the District.

On September 4, 1984, Snyder sent a letter to the district, signed “Michelle Marie Snyder formerly Gerald Max Snyder,” 2 requesting continued leave without pay for personal health reasons and stating that she intended to return to her teaching position in January 1985. Snyder’s communication contained a letter from two therapists briefly describing Snyder’s past medical treatments, indicating that Snyder intended to pursue sex-reassignment surgery, stating that the surgery would be completed in the fall of 1984, and opining that Snyder would be able to resume teaching in January of 1985. This letter constituted Snyder’s first notification to the district that she was assuming a new sexual role.

On September 24, 1984, the district sent a letter to Snyder denying her request for extended leave without pay. The letter also informed Snyder that a junior high school teaching position was being held for her, commencing October 9, 1984; that she must have a valid teaching certificate upon reporting; and that she must respond no later than September 28, 1984, indicating whether she accepted the assignment.

Snyder received this letter the day before she entered a hospital for cosmetic surgery. For approximately two weeks thereafter she was heavily medicated and under nursing care. On October 8, 1984, Snyder sent a letter to the district superintendent requesting her position or compensation for [627]*627loss of her position. By the time the district received this letter, it had hired another teacher for the junior high school position in question.

On November 6, 1984, sex-reassignment surgery was performed on Snyder. On November 8, 1984, the district’s assistant superintendent of personnel services, Charles E. Rufien, wrote a letter to Snyder containing the following statements:

Although you have been informed of the lapse of your teaching certificate and been requested to renew it, the Teacher Education and Certification Division of the Colorado Department of Education has informed me that they have no record of any application for recertification on your behalf.
The School District cannot employ or pay teachers who lack proper licensing and certification. I request, therefore, that you meet with me no later than Friday, November 16, 1984, to present evidence that you possess a valid Colorado. teaching certificate. If the certificate is not presented by that date, I will assume that you have not been recertified as indicated in the records of the Department of Education and your employment in the District will, therefore, be terminated effective October 9, 1984.

Rufien and Snyder ultimately met on November 26, 1984. At the meeting, Rufien asked Snyder whether she held a valid teaching certificate. Snyder said she did not. The next day, November 27, 1984, Rufien sent a letter to Snyder stating that her teaching position with the district was terminated effective October 9, 1984.

From November 26, 1984, to December 17, 1984, Snyder completed the course work necessary to renew her teaching certificate. On December 20, 1984, Rufien signed a Colorado Department of Education form attesting that the information stated by Snyder on her application to the Department for re-certification was correct to the best of his knowledge.

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Snyder v. Jefferson County School District R-1
842 P.2d 624 (Supreme Court of Colorado, 1992)

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Bluebook (online)
842 P.2d 624, 16 Brief Times Rptr. 1989, 1992 Colo. LEXIS 1145, 1992 WL 365746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snyder-v-jefferson-county-school-district-r-1-colo-1992.