(1) In addition
to any other duty required to be performed by law, each board of education has the
following specific duties:
(a) To adopt written bylaws, not inconsistent with law, for its organization
and operation;
(b) To adopt policies and prescribe rules and regulations necessary and
proper for the efficient administration of the affairs of the district, including
procedures for competitive bidding in the purchase of goods and services, except
professional services, for the district;
(c) To cause a true and correct copy of all current bylaws, policies, and rules
and regulations adopted or prescribed by the board to be made available for public
inspection at the administrative office of the district during reasonable business
hours;
(d) To cause to be filed with the department of education the name, address,
and length of term of office of each school director; and the name, address,
identification of office, and date of election or appointment of the president, vice-president, secretary, and treasurer, and of the assistant secretary and assistant
treasurer if there are such offices;
(e) To cause minutes of all proceedings of the board, except those of an
executive session, to be recorded in convenient form, which record shall be open for
public inspection at the administrative office of the district during reasonable
business hours;
(f) (I) To employ all personnel required to maintain the operations and carry
out the educational program of the district and to fix and order paid their
compensation. Prior to the employment of any person, the board shall make an
inquiry to the department of education in accordance with the provisions of section
22-32-109.7 (1). A board of a district of innovation, as defined in section 22-32.5-103
(2), may delegate the duty specified in this paragraph (f) to an innovation school, as
defined in section 22-32.5-103 (3), or to a school in an innovation school zone, as
defined in section 22-32.5-103 (4).
(II) and (III) Repealed.
(g) To require any employee or other person who may receive into his
custody moneys which properly belong to the district to deliver such moneys to the
treasurer of the district, or to deposit such moneys in a depository designated by
the board;
(h) To require each employee who is likely to have in his or her temporary
custody at any one time an amount of school district moneys in excess of fifty
dollars to be bonded in an amount at least sufficient to cover the amount of school
district moneys which is likely to be in his or her temporary custody at any time, or
to be bonded in such greater amount as the board may determine. A blanket form of
surety bond may be utilized to cover more than one such employee. The district
shall pay the costs for any such bonds. In lieu of the bonds required by this
paragraph (h), the district may purchase crime insurance coverage to protect the
district from any malfeasance on the part of such employee.
(i) To cause to be kept complete and accurate financial records of the school
district by funds and accounts, maintained on the basis of generally recognized
principles of governmental accounting;
(j) To cause to be kept the stubs of, or a register of, all warrants or orders
drawn upon school district moneys in the various funds, showing the number of
each warrant or order, the date issued, the object or purpose for which drawn, the
amount and to whom payable, or, in lieu thereof, similar records as normally
provided in accounting procedures through the use of automatic processing;
(k) To cause a statement of the financial condition of the district to be
published and posted as required by law, to cause all accounts to be audited as
required by law, and to review from time to time during each fiscal year the
financial position of the district;
(l) To cause all statements of account and all canceled warrants and orders
to be kept on file for six years;
(m) To cause such records as relate to the affairs or business of the district
to be preserved and disposed of only in the manner provided by law;
(n) (I) To determine, prior to the end of a school year, the length of time
which the schools of the district shall be in session during the next following school
year, but in no event shall said schools be scheduled to have fewer than one
thousand eighty hours of planned teacher-pupil instruction and teacher-pupil
contact during the school year for secondary school pupils in high school, middle
school, or junior high school or less than nine hundred ninety hours of such
instruction and contact for elementary school pupils or fewer than four hundred
fifty hours of such instruction for a half-day kindergarten program or fewer than
nine hundred hours of such instruction for a full-day kindergarten program. In no
case shall a school be in session for fewer than one hundred sixty days without the
specific prior approval of the commissioner of education. In extraordinary
circumstances, if it appears to the satisfaction of the commissioner that compliance
with the provisions of this subparagraph (I) would require the scheduling of hours of
instruction and contact at a time when pupil attendance will be low and the benefits
to pupils of holding such hours of instruction will be minimal in relation to the cost
thereof, the commissioner may waive the provisions of this subparagraph (I) upon
application therefor by the board of education of the district.
(II) (A) The actual hours of teacher-pupil instruction and teacher-pupil
contact specified in subparagraph (I) of this paragraph (n) may be reduced to no
fewer than one thousand fifty-six hours for secondary school pupils, no fewer than
nine hundred sixty-eight hours for elementary school pupils, no fewer than four
hundred thirty-five hours for half-day kindergarten pupils, or no fewer than eight
hundred seventy hours for full-day kindergarten pupils, for parent-teacher
conferences, staff in-service programs, and closing deemed by the board to be
necessary for the health, safety, or welfare of students.
(B) Prior to the beginning of the school year, each district shall provide for
the adoption of a district calendar which is applicable to all schools within the
district or shall provide for the adoption of a school calendar for each individual
school within the district. The district calendar or individual school calendars may
be adopted by the board of education, the district administration, the school
administration, or any combination thereof. A copy of the calendar shall be provided
to the parents or guardians of all children enrolled in schools within the district.
Such calendar shall include the dates for all staff in-service programs scheduled
for the school year. The board, district administration, or school administration shall
allow for public input from parents and teachers prior to scheduling the dates for
staff in-service programs. Any change in the calendar, excluding changes resulting
from emergency closings or other unforeseen circumstances, shall be preceded by
adequate and timely notice from the board, district administration, or school
administration of not less than thirty days.
(o) When so directed by the state board of education, but no more often than
once during any twelve-month period, to cause a census of all persons resident
within the district who have not attained the age of twenty-one years, or any age
group thereof, to be taken on a prescribed date, upon such forms as shall be
supplied by the state board;
(p) To appoint an attendance officer as required by the School Attendance
Law of 1963, article 33 of this title;
(q) To cause to be prepared, executed, and filed with the state board of
education any report required by law or by regulation;
(r) To comply with the rules and regulations adopted by the state board of
education pursuant to article 4 of title 24, C.R.S.;
(s) To cause to be erected and maintained a suitable flagstaff with the
attachments necessary for the display of flags upon the administration building or,
if none, on the principal school building or the grounds thereof and to cause
suitable flags of standard bunting, not less than three by five feet in size, of the
United States and the state of Colorado to be displayed upon said flagstaff at all
times during the day while school is in session, except during inclement weather;
(t) To determine the educational programs to be carried on in the schools of
the district and to prescribe the textbooks for any course of instruction or study in
such programs;
(u) To provide free textbooks for an indigent child enrolled in a school of the
district without requiring a loss or damage deposit, and to ensure that no child is
denied the use of textbooks because of refusal of his parents to pay for the same;
(v) To cause an educational program to be maintained and operated within
or, if the board makes a specific determination that such is necessary for the
efficient operation of the district, outside the territorial limits of the district for the
school-age children resident therein; but nothing in this paragraph (v) shall be
construed in a manner to prohibit the maintenance of ungraded levels of instruction
therein;
(w) and (x) Repealed.
(y) (I) To adopt written bylaws relating to conflicts of interest for members of
a board of education of a school district.
(II) Upon filing a copy of the adopted written bylaws with the department of
education and upon acknowledgment of receipt thereof by the department, a board
shall be considered to be exempt from the requirements of section 18-8-308 (1) and
(2), C.R.S. A board member not voting because of a disclosed conflict shall be
exempt from the provisions of section 22-32-108 (6).
(III) The commissioner of education shall, in writing, notify the secretary of
state of the exemption.
(z) To provide for a periodic in-service program for all district teachers which
shall provide information about the Child Protection Act of 1987, part 3 of article
3 of title 19, C.R.S., instruction designed to assist teachers in recognizing child
abuse or neglect, and instruction designed to provide teachers with information on
how to report suspected incidents of child abuse or neglect and how to assist the
child-victim and his family;
(aa) To adopt and implement preschool through elementary and secondary
education standards as required in part 10 of article 7 of this title;
(bb) (I) To adopt a policy mandating a prohibition against the use of all
tobacco products on school property and at school-sponsored activities by
students, teachers, staff, and visitors pursuant to the provisions of section 25-14-103.5, C.R.S., and to adopt such rules as are necessary to enforce such prohibition;
except that no such policy shall require the expulsion of any student solely for such
tobacco use;
(II) To the extent funds are available, to operate and maintain an educational
program to assist students, faculty, and staff to avoid and discontinue the use of
tobacco at each school under the board's direction and control;
(cc) To adopt a dress code policy for teachers and other school employees;
(dd) To adopt and revise, as necessary, policies to remove barriers to access
and success in school for homeless children;
(ee) To adopt a policy to prohibit school personnel from recommending or
requiring the use of a psychotropic drug for any student. School personnel shall not
test or require a test for a child's behavior without prior written permission from the
parents or guardians or the child and prior written disclosure as to the disposition of
the results or the testing therefrom. Through such policy, school personnel should
be encouraged to discuss concerns about a child's behavior with the parent or legal
guardian of such child and such discussions may include a suggestion by school
personnel that the parent or legal guardian speak with an appropriate health-care
professional.
(ff) To adopt a policy on or before October 1, 2005, to:
(I) Provide on or before December 31 of each school year, the names and
mailing addresses of students enrolled in the eighth grade to the Colorado
commission on higher education for use in mailing the notice of postsecondary
educational opportunities and higher education admission guidelines as required in
section 23-1-119.1, C.R.S.; and
(II) Provide to the parent of a student enrolled in the eighth grade, prior to
the student's enrollment in his or her ninth-grade courses, a list of courses the
school district has available that satisfy the Colorado commission on higher
education's higher education admission guidelines;
(gg) To include a provision in any contract entered into by the school district
with a college preparation program operating within the school district that the
college preparation program shall provide to the Colorado commission on higher
education, on or before December 31 of each school year, a report specifying each
student, by unique identifying number, to the extent permissible by federal law,
who was enrolled in the program during the previous school year; who completed
the program during the previous school year; and who enrolled in an institution of
higher education within six months after completing the program. The provisions of
this paragraph (gg) shall apply to contracts entered into or renewed on or after
August 10, 2005.
(hh) To provide the opportunity for a student enrolled in a public school of
the district to develop a plan for academic remediation upon the request of the
student's parent or legal guardian;
(ii) To adopt a policy within ninety days after April 28, 2006, to ensure that
the right of school district employees and students to display reasonably the flag of
the United States shall not be infringed with respect to the display:
(I) On an individual's person; or
(II) On an individual's personal property or property that is under the
temporary control of an employee or a student, including but not limited to a desk
top or a locker;
(jj) To identify any areas in which one or more of the principals of the schools
of the school district require further training or development. The board of
education shall contract for or otherwise assist the identified principals in
participating in professional development programs to assist the identified
principals in improving their skills in the identified areas.
(kk) (I) To undertake a community-based process to develop a blueprint for
the education system in the community and to determine the skills students will
need to be successful after graduation. Each board of education shall seek input
from the community at large, which may include, but need not be limited to,
students, parents, business persons, neighboring school districts, and regional
boards of cooperative services. Each board of education shall use this blueprint,
together with the guidelines for high school graduation requirements developed by
the state board pursuant to section 22-2-106 (1)(a.5), to establish local high school
graduation requirements applicable to students enrolling in ninth grade beginning
in the 2014-15 school year. To assist the state board of education in fulfilling its
duties under part 10 of article 7 of this title, each board of education shall provide
to the state board of education information concerning the blueprint and the input
received in developing the blueprint. A board of education that has undertaken a
comprehensive community-based process and has revised its high school
graduation requirements within the previous two years shall not be required to
develop a new blueprint for the education system in its community or make any
revisions to its high school graduation requirements.
(II) Each board of education shall report its blueprint for the education
system in the community and its new or revised high school graduation
requirements to the public through the accreditation process, as determined by the
state board. In its report, the board of education shall demonstrate how its high
school graduation requirements meet or exceed any minimum standards or core
competencies or skills identified in the guidelines for high school graduation
requirements developed by the state board pursuant to section 22-2-106 (1)(a.5).
(ll) (I) To adopt written policies specifying that:
(A) The schools in the district are subject to all federal and state laws and
constitutional provisions prohibiting discrimination on the basis of disability, race,
creed, color, sex, sexual orientation, gender identity, gender expression, national
origin, religion, ancestry, or need for special education services;
(B) Enrollment in a school in the district must be open to any child who
resides within the state; except that a school is not required to make alterations in
the structure of the facility used by the school or to make alterations to the
arrangement or function of rooms within the facility, except as may be required by
state or federal law; and
(C) Enrollment decisions shall be made in a nondiscriminatory manner.
(II) As used in this subsection (1)(ll):
(A) Protective hairstyle includes such hairstyles as braids, locs, twists,
tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.
(B) Race includes hair texture, hair type, hair length, or a protective
hairstyle that is commonly or historically associated with race.
(mm) To adopt and implement policies as described in section 22-11-307 for
accreditation of the public schools of the school district;
(nn) Repealed.
(oo) (I) To adopt policies to require each school of the school district,
including the charter schools, to assist each student and his or her parent or legal
guardian to develop and maintain the student's individual career and academic
plan, referred to in this paragraph (oo) as an ICAP, no later than the beginning of
ninth grade. The board of education may require the schools of the school district to
assist the student and his or her parent or legal guardian to develop and maintain
the student's ICAP in any grade prior to ninth grade. Each student's ICAP shall
comply with the requirements specified in section 22-2-136 and the rules
promulgated by the state board of education pursuant to said section.
(II) The board of education shall further require each school of the school
district to assist each student who is enrolled in the school and has an ICAP to use
the plan effectively to direct the student's course selections and performance
expectations in at least grades nine through twelve; to assist the student in
meeting his or her academic and career goals as described in the ICAP; and to
enable the student to demonstrate postsecondary and workforce readiness prior to
or upon graduation from high school at a level that allows the student to progress
toward his or her postsecondary education goals, if any, without requiring remedial
educational services or courses.
(III) At a minimum, each public school shall ensure that, in developing and
maintaining each student's ICAP, the counselor or teacher explains to the student's
parent or legal guardian, by electronic mail or other written form, and to the
student:
(A) The requirements for and benefits of concurrently enrolling in courses
with an institution of higher education pursuant to the Concurrent Enrollment
Programs Act, article 35 of this title 22. Based on a request from the student or
the student's parent or legal guardian, the counselor or teacher shall assist the
student in course planning to enable the student to concurrently enroll in courses
with an institution of higher education.
(B) The various career pathways created pursuant to section 24-46.3-104
and the types of certificates and jobs to which each pathway leads;
(B.5) The teaching career pathway created pursuant to section 23-60-110,
the career opportunities to which the pathway leads, and information concerning
participation in the TREP program created in section 22-35-108.5;
(C) The skills and educational opportunities available through military
enlistment. In discussing military enlistment with a student and his or her parent,
each public school is encouraged to provide to the student information concerning
the military enlistment test.
(D) The availability and importance of completing the free application for
federal student aid or the Colorado application for state financial aid, or successor
forms for accessing federal and state financial aid, and the availability of help in
completing the forms, if requested;
(pp) To annually distribute to each district charter school and to each district
employee informational materials relating to federal student loan repayment
programs and student loan forgiveness programs, including updated materials,
received from the department of education pursuant to section 22-2-112 (1)(t). In
addition to annual distribution, each board shall distribute the informational
materials to newly hired district employees as part of its employee orientation
process. The board may distribute the informational materials to district employees
through an email to employees or as part of a mailing or regular communication to
employees.
(2) Any board conducting a complete educational program outside the
territorial limits of the district in accordance with the provisions of paragraph (v) of
subsection (1) of this section shall obtain the written consent of the board of the
school district in which said educational program is to be conducted prior to
establishing said educational program. No board shall conduct a complete
educational program outside the territorial limits of the district unless the
geographic and topographical characteristics of the district make the conducting
of such educational program within the territorial limits of the district unduly
burdensome on the district and the students.
Source: L. 64: p. 577, � 9. C.R.S. 1963: � 123-30-9. L. 73: pp. 1254, 1274, 1314,
�� 6, 1, 7. L. 74: (1)(n) amended, p. 363, � 2, effective March 19. L. 75: (1)(w) amended,
p. 702, � 2, effective July 1. L. 77: (1)(w) amended, p. 1049, � 1, effective May 16; (1)(n)
amended, p. 1071, � 2, effective May 24. L. 79: (1)(v) amended and (2) added, p. 782,
� 1, effective June 7; (1)(x) added, p. 784, � 1, effective July 1. L. 80: (1)(n) amended, p.
553, � 7, effective April 30. L. 84: (1)(n) amended, p. 604, � 2, effective April 2; (1)(y)
added, p. 594, � 1, effective July 1; (1)(z) added, p. 595, � 1, effective January 1, 1985. L. 86: (1)(n) amended, p. 801, � 2, effective July 1. L. 87: (1)(z) amended, p. 819, � 28,
effective October 1. L. 88: (1)(n) R&RE, p. 811, � 9, effective May 24. L. 90: (1)(f) and
IP(1)(x)(I) amended, p. 1029, � 18, effective July 1. L. 93: (1)(aa) added, p. 1048, � 5,
effective June 3; (1)(n)(II) amended, p. 1336, � 1, effective June 6; (1)(w) amended, p.
451, � 2, effective July 1. L. 94: (1)(bb) added, p. 676, � 3, effective April 19. L. 97: (1)(aa) amended, p. 461, � 7, effective August 6. L. 2000: (1)(n)(II)(A) amended, p.
375, � 32, effective April 10; (1)(cc) added and (1)(w) and (1)(x) repealed, p. 1963, �� 2,
3, effective June 2; (1)(f) amended, p. 1594, � 1, effective July 1. L. 2001: (1)(n)(I) and
(1)(n)(II)(A) amended, p. 561, � 3, effective May 29; (1)(f)(II)(A) amended, p. 1271, � 25,
effective June 5. L. 2002: (1)(f)(III) added, p. 189, � 1, effective April 3; (1)(dd) added,
p. 206, � 6, effective July 1. L. 2003: (1)(f)(II) amended, p. 2178, � 1, effective June 3;
(1)(ee) added, p. 2526, � 1, effective June 5. L. 2005: (1)(hh) added p. 520, � 2,
effective May 24; (1)(ff) and (1)(gg) added, p. 444, � 1, effective August 8. L. 2006: (1)(ii) added, p. 701, � 51, effective April 28; (1)(jj) added, p. 1240, � 4, effective May
26. L. 2007: (1)(kk) added, p. 678, � 4, effective May 2. L. 2008: (1)(kk)(I) amended, p.
768, � 3, effective May 14; (1)(f)(I) amended, p. 1431, � 2, effective May 28; (1)(ll)
added, p. 1601, � 23, effective May 29. L. 2009: (1)(mm) added, (SB 09-163), ch. 293,
p. 1541, � 40, effective May 21; (1)(nn) added, (SB 09-256), ch. 294, p. 1557, � 16,
effective May 21. L. 2010: (1)(kk)(I) amended, (HB 10-1013), ch. 399, p. 1912, � 34,
effective June 10. L. 2012: (1)(nn) amended and (1)(oo) added, (HB 12-1345), ch. 188,
p. 725, � 12, effective May 19; (1)(kk)(I) amended, (HB 12-1240), ch. 258, p. 1308, � 2,
effective June 4; (1)(nn) amended, (HB 12-1043), ch. 209, p. 898, � 1, effective August
8. L. 2014: (1)(nn) and (1)(oo) amended, (HB 14-1363), ch. 302, p. 1265, � 15, effective
May 31. L. 2015: (1)(aa) amended, (HB 15-1323), ch. 204, p. 724, � 33, effective May
20. L. 2016: (1)(h) amended, (HB 16-1013), ch. 28, p. 65, � 2, effective March 18. L.
2017: (1)(oo)(III) amended, (HB 17-1041), ch. 51, p. 161, � 2, effective August 9. L.
2019: (1)(pp) added, (SB 19-057), ch. 35, p. 114, � 5, effective August 2. L. 2020: IP(1)
and (1)(ll) amended, (HB 20-1048), ch. 8, p. 17, � 6, effective September 14; (1)(nn)
repealed, (HB 20-1396), ch. 138, p. 599, � 3, effective September 14. L. 2021: (1)(ll)(I)(A) amended, (HB 21-1108), ch. 156, p. 892, � 24, effective September 7;
(1)(oo)(III)(B) amended and (1)(oo)(III)(B.5) added, (SB 21-185), ch. 246, p. 1335, � 10,
effective September 7. L. 2022: (1)(oo)(III)(B.5) and (1)(oo)(III)(C) amended and
(1)(oo)(III)(D) added, (HB 22-1366), ch. 244, p. 1815, � 6, effective May 26. L. 2024: (1)(ll)(II)(B) amended, (HB 24-1451), ch. 354, p. 2412, � 4, effective June 3.