Widder v. Durango School District No. 9-R

At issue in this case is whether a statute intended to protect school employees from dismissal by the school district board of education (the “School District” or “District”), based on an employee’s action purportedly taken in good faith and in compliance with the District’s discipline code, allows the District itself to determine whether the employee’s conduct is so protected. The majority today answers that question in the affirmative, providing for only the most deferential review of the District’s decision. Because I believe that this result renders the underlying statute virtually…