This special Denver Public Schools Board of Education meeting was narrowly focused on a single personnel matter involving teacher Susan Rayburn. Unlike a regular board meeting, there were no budget approvals, construction projects, curriculum changes, or routine district business. The primary purpose was for the Board to receive legal advice in executive session and determine whether to accept an Administrative Law Judge's recommendation in a teacher dismissal proceeding.
The meeting centered on an Administrative Law Judge's Recommended Decision issued after a multi-day Teacher Employment, Compensation and Dismissal Act (TECDA) hearing. The judge concluded that Denver Public Schools had proven multiple grounds for dismissal, including insubordination, neglect of duty, incompetency, immorality, and other good and just cause. The recommendation was based primarily on findings that the teacher engaged in repeated unwelcome sexual comments and unwanted physical contact with coworkers, together with failures to comply with special education Individualized Education Program (IEP) requirements.
Before discussing the matter publicly, the Board entered executive session under Colorado law to receive legal advice from its attorney and discuss personnel matters. After returning to open session, the Board unanimously voted 6-0 to accept the Administrative Law Judge's recommendation. Board member John Youngquist was absent. The meeting lasted approximately 23 minutes, with executive session running from 1:12 p.m. until 1:22 p.m., and the meeting adjourning at 1:27 p.m.
For community members, the meeting demonstrates how Colorado's teacher dismissal process functions. Rather than immediately terminating a teacher, the district completed an investigation, conducted a formal administrative hearing before an independent Administrative Law Judge, and then presented the judge's recommendation to the elected Board for final action.
Major Discussion and Action Items
Executive Session for Legal Advice
The Board convened an executive session under C.R.S. §§ 24-6-402(4)(b) and 24-6-402(4)(f). The closed session allowed board members to receive confidential legal advice regarding the Administrative Law Judge's recommendation and to discuss personnel matters involving Susan Rayburn.
The executive session included board members, Superintendent Dr. Alex Marrero, and district attorney David Olson. No formal decision occurred during executive session; the Board returned to open session before taking official action.
Administrative Law Judge Recommendation
The packet included a 23-page Recommended Decision issued by Administrative Law Judge Daniel K. Tom following hearings conducted April 20-22, 2026. Written closing arguments were completed on May 26, and the recommendation was signed June 16, 2026.
The judge concluded that Denver Public Schools met its burden of proof supporting dismissal under Colorado's Teacher Employment, Compensation and Dismissal Act.
Findings Regarding Workplace Conduct
According to the Administrative Law Judge, multiple employees at Lowry Elementary School reported inappropriate conduct before and during an April 26, 2025 Parent Teacher Organization fundraising auction.
The findings describe repeated sexually suggestive workplace comments, including comments coworkers interpreted as sexual innuendo, along with testimony alleging unwanted physical contact at the fundraising event. Multiple complainants reported feeling shocked, unsafe, violated, or uncomfortable following the incident, and several testified they sought therapy afterward.
The judge found the complainants' testimony generally credible and concluded the conduct constituted unwelcome verbal and physical behavior violating district policy.
Special Education Compliance Issues
Although the dismissal proceedings were initiated because of the reported conduct at the fundraiser, the hearing also examined the teacher's management of special education responsibilities.
Evidence described failures to maintain required IEP documentation, missed deadlines, inadequate parent notifications, scheduling deficiencies, and incomplete compliance records. Witnesses testified these deficiencies were discovered after the teacher was placed on administrative leave and her caseload was reassigned.
The Administrative Law Judge concluded these failures supported findings of insubordination, neglect of duty, and incompetency.
Board Action
Following executive session, the Board considered the case in open session.
Board members voted 6-0 to accept the Administrative Law Judge's recommendation regarding Denver Public Schools v. Susan Rayburn, Case No. TA 2025-0007. The motion passed unanimously among members present.
Meeting Conclusion
With no additional business scheduled, the Board adjourned shortly after completing action on the personnel matter. The special meeting addressed only this single case.
Financial Matters
The meeting packet contained no significant budget actions, contracts, grants, capital expenditures, purchasing approvals, tax matters, or other major financial decisions.
The packet instead focused on a personnel dismissal proceeding. While the district necessarily incurred legal and administrative costs associated with investigation and litigation, no monetary awards, settlements, contract approvals, or appropriations were presented for Board approval.
Policies, Ordinances, Resolutions, and Governance
The meeting did not propose new Board policies or governance changes.
Instead, the case applied existing Colorado teacher dismissal law and existing Denver Public Schools employment and nondiscrimination policies.
The Administrative Law Judge concluded that the teacher violated district professional conduct expectations, including employment policies governing harassment, discrimination, professional boundaries, and required special education procedures. The recommendation also analyzed applicable provisions of Colorado's Teacher Employment, Compensation and Dismissal Act and Colorado open meetings law governing executive sessions.
The principal informational document was the Administrative Law Judge's Recommended Decision.
The decision summarized witness testimony, credibility findings, legal standards, district policies, investigative procedures, and the rationale supporting dismissal. The judge concluded the complainants' accounts were generally consistent and corroborated by multiple witnesses while determining the district established grounds for dismissal by a preponderance of the evidence.
No superintendent report, financial presentation, strategic planning update, or academic performance report was included in this special meeting.
Personnel, Appointments, and Organizational Matters
This meeting focused exclusively on one personnel matter.
The Administrative Law Judge recommended dismissal of teacher Susan Rayburn following formal TECDA proceedings.
The Board accepted that recommendation through a unanimous 6-0 vote of members present.
No other personnel appointments, promotions, resignations, recognitions, committee assignments, or employment agreements were considered.
Projects, Facilities, Infrastructure, and Operations
No construction, facilities, transportation, technology, maintenance, or capital improvement projects were discussed.
Operational issues addressed in the packet were limited to management of special education services, specifically compliance with IEP timelines, documentation requirements, parent notifications, and reassignment of a special education caseload after the employee was placed on administrative leave.
The agenda did not include a public hearing or scheduled public comment period.
Because the meeting addressed a confidential personnel matter governed by Colorado law, discussion requiring legal advice occurred in executive session before the Board returned to open session for its vote.
Students and families may view this meeting as an example of the district's procedures for investigating employee misconduct and completing the formal due-process requirements before a dismissal decision is finalized.
District employees are reminded that workplace conduct standards apply to professional interactions and, according to the Administrative Law Judge's interpretation, may extend to school-related events outside the classroom when district policies and disciplinary authority apply.
Families receiving special education services may note the emphasis placed on timely IEP meetings, documentation, statutory notices, and compliance with legal requirements.
Taxpayers and residents should recognize that the elected Board's role was not to retry the facts but to consider an Administrative Law Judge's recommendation after an extensive evidentiary hearing conducted under Colorado law.
- What factors led the Board to accept the Administrative Law Judge's recommendation?
- How does Denver Public Schools investigate employee misconduct complaints?
- What safeguards ensure due process for employees during TECDA proceedings?
- What steps has the district taken to reinforce professional conduct expectations for staff?
- How will the district ensure uninterrupted special education services when personnel changes occur?
- What quality-control measures are used to monitor IEP compliance?
- What training is provided regarding harassment prevention and professional boundaries?
- How does the district distinguish between private conduct and conduct connected to school-sponsored activities?
- Are additional policy revisions or staff training planned following this case?
- How are affected students, families, and school staff supported after significant personnel actions?
Important Dates, Deadlines, and Next Steps
- April 20-22, 2026: Administrative hearing conducted before the Office of Administrative Courts.
- May 26, 2026: Record closed after written closing arguments.
- June 16, 2026: Administrative Law Judge signed the Recommended Decision recommending dismissal.
- June 22, 2026: Denver Public Schools Board met in special session, entered executive session for legal advice, then voted 6-0 to accept the recommendation.
- Following Board approval, the dismissal process proceeds in accordance with applicable Colorado law and district procedures.
Key Takeaways
- The special meeting addressed only one personnel case.
- The Board first met in executive session for legal advice and personnel discussion.
- An independent Administrative Law Judge recommended dismissal.
- The recommendation followed a multi-day evidentiary hearing.
- The judge concluded the district proved multiple statutory grounds for dismissal.
- Findings included inappropriate workplace comments and unwanted physical conduct.
- The decision also cited failures involving IEP compliance and documentation.
- The Board unanimously accepted the recommendation by a 6-0 vote of members present.
- No budget, contract, construction, or policy actions were considered.
- The meeting began at 1:04 p.m. and adjourned at approximately 1:27 p.m.
Official Sources
About the Public Body
- Name: Denver Public Schools
- Organization type: school-district
- Government body: school-boards
- Location: Denver, colorado
- County: Denver
- Provider: diligent-community
Keywords
Denver Public Schools, DPS Board of Education, Special Board Meeting, Executive Session, Susan Rayburn, TECDA, Teacher Employment Compensation and Dismissal Act, Administrative Law Judge, Daniel K. Tom, Lowry Elementary School, teacher dismissal, personnel matter, executive session, legal advice, workplace conduct, harassment policy, discrimination policy, professional boundaries, IEP compliance, special education, Board vote, Colorado law, Office of Administrative Courts, Superintendent Alex Marrero, Board attorney, employment policies, June 22 2026, Denver school board
