§ 22-32-110 — Board of education - specific powers - definitions

Colorado § 22-32-110

• Jurisdiction: Colorado
• Title 22: Education
• Art.: School District Boards - Powers

Text

(1) In addition
to any other power granted to a board of education of a school district by law, each
board of education of a school district has the following specific powers, to be
exercised in its judgment:

(a) To take and hold in the name of the district so much real and personal
property located within or outside the territorial limits of the district as may be
reasonably necessary for any purpose authorized by law;

(b) To purchase on such terms, including but not limited to installment
purchase plans, as the board sees fit and necessary or to lease or rent, with or
without an option to purchase, undeveloped or improved real property located
within or outside the territorial limits of the district or equipment on such terms as
the board sees fit for use as school sites, buildings, or structures, or for any school
purpose authorized by law; to determine the location of each school site, building,
or structure; and to construct, erect, repair, alter, and remodel buildings and
structures;

(c) To provide furniture, equipment, library books, and everything needed to
carry out the education program;

(d) To construct, purchase, or remodel teacherages for the employees, or
any classification thereof, of the district;

(e) To sell and convey district property which may not be needed within the
foreseeable future for any purpose authorized by law, upon such terms and
conditions as it may approve; and to lease any such property, pending sale thereof,
under an agreement of lease, with or without an option to purchase the same. No
finding that the property may not be needed within the foreseeable future shall be
necessary if the property is sold and conveyed to a state agency or political
subdivision of this state or if the board anticipates that the district will become the
tenant of the property under a lease, with or without an option to purchase. A board
of education of a school district may only include, by title, covenant, deed, or
otherwise, a use restriction on the sale, conveyance, or lease of any district
property pursuant to this subsection (1)(e) that restricts the property from being
used as a public or nonpublic school for any grade from preschool through the
twelfth grade, after providing public notice of its intent to include such use
restriction and after discussing the issue in public at a regularly scheduled meeting
of the board of education.

(f) (I) To rent or lease district property not needed for its purposes for terms
not exceeding ten years; or in the case of unimproved real property leased to a
lessee that is a charter school as defined in section 22-30.5-403 (3), for a term not
exceeding thirty years; in the case of a charter school using debt financing, for a
term not exceeding the term of the debt financing, subject to all land use and
building and zoning plans, codes, resolutions, and regulations, and to permit the use
of district property by community organizations upon such terms and conditions as
it may approve; or, in the case of a solar field, energy storage system, or an
affordable housing project, for any term of years. A finding that the property is not
needed for the district's purposes is unnecessary if the board anticipates that the
district will become the subtenant of the property under a sublease, and under such
circumstances the term of the lease may exceed ten years but may not exceed fifty
years. A board of education of a school district may only include, in a lease or
otherwise, a use restriction on the rental or lease of any district property pursuant
to this subsection (1)(f) that restricts the property from being used as a public or
nonpublic school for any grade from preschool through the twelfth grade, after
providing public notice of its intent to include such use restriction and after
discussing the issue in public at a regularly scheduled meeting of the board of
education.

(II) If a board of education of a school district leases or rents property for the
purposes of an affordable housing project, the board of education shall develop a
policy that defines affordable housing for the project.

(f.5) Subject to prior approval by the commissioner of education as provided
in section 22-2-112 (5), to lease district property to a state institution of higher
education for use by the institution for a term agreed to by the district and the
institution. In addition to or in lieu of monetary lease payments, the board of
education may agree to receive in-kind services provided by the institution to the
district or its employees or graduates who reside within Colorado, such as reduced
tuition rates and scholarships for the school district's employees or graduates who
reside within Colorado. If the school district receives in-kind services as provided in
this paragraph (f.5), the dollar value of the in-kind services that the school district
receives must equal the dollar amount of the lease payment for which the in-kind
service is substituted. No later than December 31, 2018, and no later than December
31 every three years thereafter, the school district shall submit to the education
committees of the house of representatives and the senate, or any successor
committees, a report specifying the amount of bonded indebtedness incurred to
build a building that is leased to an institution of higher education as provided in
this paragraph (f.5), an accounting of the value of any in-kind services received, and
the impact on the school district as a result of the lease.

(g) To employ a chief executive officer to administer the affairs and the
programs of the district, pursuant to a contract;

(h) To discharge or otherwise terminate the employment of any personnel. A
board of a district of innovation, as defined in section 22-32.5-103 (2), may delegate
the power specified in this paragraph (h) 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).

(i) To reimburse employees of the district for expenses incurred in the
performance of their duties either within or without the territorial limits of the
district;

(j) To procure group life, health, or accident insurance covering employees of
the district pursuant to section 10-7-203, C.R.S.;

(k) (I) To adopt written policies, rules, and regulations, not inconsistent with
law, that may relate to the efficiency, in-service training, professional growth,
safety, official conduct, and welfare of the employees, or any classification thereof,
of the district. The practices of employment, promotion, and dismissal shall be
unaffected by the employee's religion, creed, color, sex, sexual orientation, gender
identity, gender expression, marital status, racial or ethnic background, national
origin, ancestry, or participation in community affairs.

(II) As used in this subsection (1)(k):

(A) Protective hairstyle includes such hairstyles as braids, locs, twists,
tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.

(B) Racial or ethnic background includes hair texture, hair type, hair length,
or a protective hairstyle that is commonly or historically associated with race.

(l) To determine which schools of the district shall be operated and
maintained;

(m) To fix the attendance boundaries of each school in the district;

(n) To provide for the necessary expenses of the board in the exercise of its
powers and the performance of its duties; to maintain membership in established
school board organizations; and to reimburse a board member for necessary
expenses incurred by him in the performance of his official duties, whether within or
without the territorial limits of the district;

(o) To provide textbooks to all school-age pupils enrolled in the public
schools. The use of such textbooks may be provided free of charge or for a
reasonable rental fee for the use of some or all of the textbooks. The rental fee
shall be based solely on the purchase price and normal life expectancy of each
book rented.

(p) To require pupils enrolled in the public schools of the district to possess
suitable supplies;

(q) To procure supplies and equipment required to carry on the musical,
dramatic, athletic, and equivalent programs of the district;

(r) To exclude from each school and school library any books, magazines,
papers, or other publications which, in the judgment of the board, are of immoral or
pernicious nature;

(s) To procure such insurance coverage on the building, structures, and
equipment owned by the district, or in which the district has an insurable interest,
as may, in the judgment of the board, be adequate from time to time;

(t) To procure such casualty insurance coverage on the personal property
owned by the district, or in which the district has an insurable interest, as may, in
the judgment of the board, be adequate from time to time;

(u) To procure public liability insurance covering the school district and the
directors and employees thereof;

(v) To procure liability and property damage insurance on school vehicles, as
defined in section 42-1-102 (88.5), C.R.S., and to procure accident insurance
covering the medical expenses incurred by any pupil who is injured while being
furnished transportation by the school district pursuant to section 22-32-113,
including injury received in the course of entering or alighting from any school
vehicle or other means of transportation furnished by the school district;

(w) To contract for the transportation of pupils enrolled in the public schools
of the district and to require any such contractor operating a bus or motor vehicle
for such purpose to procure liability and property damage insurance on such bus or
motor vehicle and pay all premiums for such insurance, without the right of
contribution from the school district to the insurer;

(x) To elect to have moneys belonging to the school district withdrawn from
the custody of the county treasurer and paid over to the treasurer of the board in
the manner provided by law;

(y) To accept gifts, donations, or grants of any kind made to the district and
to expend or use said gifts, donations, or grants in accordance with the conditions
prescribed by the donor; but no gift, donation, or grant shall be accepted by the
board if subject to any condition contrary to law;

(z) To cause a census to be taken of all persons resident within the district
who have not attained the age of twenty-one years, or any age group thereof,
whenever determined by the board, notwithstanding any census theretofore or
thereafter required to be taken by the state board of education;

(aa) To authorize the use of facsimile signatures on teacher contracts, bonds,
and bond coupons by appropriate resolution;

(bb) Repealed.

(cc) To provide, in the discretion of the local board, out of federal grants
made available specifically for this purpose, special educational services and
arrangements, such as dual enrollment, educational radio and television, and
mobile educational services, for the benefit of educationally deprived children in
the district who attend nonpublic schools, without the requirement of full-time
public school attendance and without discrimination on the ground of race, color,
religion, sex, or national origin;

(dd) To provide, in the discretion of the local board, out of federal grants
made available specifically for this purpose, library resources which, for the
purposes of this title, means books, periodicals, documents, magnetic tapes, films,
phonograph records, and other related library materials and printed and published
instructional materials for the use and benefit of all children in the district and the
use of teachers to benefit all children in the district, both in the public and
nonpublic schools, without charge and without discrimination on the ground of race,
color, religion, sex, or national origin;

(ee) To employ on a voluntary or paid basis teachers' aides and other
auxiliary, nonlicensed personnel to assist licensed personnel in the provision of
services related to instruction or supervision of children and to provide
compensation for such services rendered from any funds available for such
purpose, notwithstanding the provisions of sections 22-63-201 and 22-63-402;

(ff) and (gg) Repealed.

(hh) To enter into installment purchase contracts or shared-savings
contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to
finance energy conservation and energy saving measures and enter into contracts
for an analysis and recommendations pertaining to such measures under section
29-12.5-102, C.R.S.;

(ii) To enter into contracts and to receive federal matching funds for moneys
spent in providing student health services pursuant to section 25.5-5-301 (6) or
25.5-5-318, C.R.S.;

(jj) To require the payment of any fine or fee assessed pursuant to law, the
return or replacement of textbooks or library resources, or the return or
replacement of other school property. A school district shall not withhold, and shall
ensure that a school of the school district does not withhold, records required for
enrollment in another school or institution of higher education or the diploma,
transcript, or grades of any student who fails to pay any assessed fine or fee, to
return or replace textbooks or library resources, or to return or replace any school
property at the completion of any semester or school year. The school district shall
make a reasonable effort to obtain payment of any assessed fine or fee, payment
for lost or damaged textbooks or library resources, and payment for lost or
damaged school property. If the school district determines that a student is unable
to pay, the school district may obtain payment through other methods, including
but not limited to payment plans or service within the school in which the student is
enrolled. Nothing in this subsection (1)(jj) limits the authority of a school district to
collect debt.

(kk) To authorize the use of electronic records or signatures and adopt rules,
standards, policies, and procedures for use of electronic records or signatures
pursuant to article 71.3 of title 24, C.R.S.;

(ll) (I) Repealed.

(II) (Deleted by amendment, L. 2005, p. 433, � 5, effective April 29, 2005.)

(mm) To adopt a resolution, as provided in section 13-1-127 (7), C.R.S.,
authorizing one or more employees of the school district to represent the school
district in judicial proceedings brought to enforce the School Attendance Law of
1963, article 33 of this title.

(2) to (4) Repealed.

(5) No board of education shall enter into an agreement with any group,
association, or organization representing employees of the district which commits
revenues raised or received pursuant to article 54 of this title for a period of time in
excess of one year unless such agreement includes a provision which allows for the
reopening of the portion of the agreement relating to salaries and benefits.

Legislative History

Source: L. 64: p. 579, � 10. C.R.S. 1963: � 123-30-10. L. 65: p. 1023, � 1. L. 69: p. 1032, � 1. L. 71: p. 1163, � 1. L. 73: pp. 1274, 1275, 1279, �� 2, 1, 1. L. 77: (1)(b) amended, p. 1050, � 1, effective June 10;(1)(cc) and (1)(dd) amended, p. 1053, effective July 1. L. 79: (1)(a) and (1)(b) amended, p. 782, � 2, effective June 7. L. 83: (1)(b), (1)(e), and (1)(f) amended, p. 749, �� 1, 2,effective July 1;(1)(f) amended, p. 754, � 1, effective July 1. L. 84: (1)(bb) amended, p. 582, � 2, effective March 19;(2) to (4) added, p. 597, � 1, effective April 5. L. 89: (5) added, p. 965, � 12, effective June 7. L. 90: (1)(ff) and (1)(gg) added, p. 1456, � 3, effective April 24;(1)(ee) amended, p. 1130, � 5, effective July 1;(2) and (4) amended, p. 1031, � 20, effective July 1. L. 91: (4)(a) amended and (4)(c) added, p. 529, � 1, effective April20;(1)(hh) added, p. 732, � 2, effective May 1. L. 93: (2) and (3) amended and (3.5) added, p. 449, � 1,effective July 1. L. 94: (1)(ff), (1)(gg), and (5) amended, pp. 808, 813,�� 14, 26, effective April 27;(1)(ee) amended, p. 1633, � 39, effective May 31;(1)(ff) and (1)(gg) amended, p. 2831, � 1, effective January 1, 1995. L. 95: (1)(o) amended, p. 346, � 2, effective January 1, 1996. L. 97: (1)(ii) added, p. 1139, � 7, effective May 28;(3.5)(b) repealed, p. 461, � 8, effective August 6. L. 98: (2)(b)(V) amended, p. 572, � 6, effective April 30;(2)(b)(IV) amended, p. 823, � 32, effective August 5. L. 99: (1)(jj) added, p. 291, � 1, effective April 14;(1)(kk) added, p. 1347, � 5, effective July 1. L. 2000: (3.5)(a) amended, p. 369, � 21, effective April 10;(2), (3), (3.5), and (4) repealed, p. 1963, � 4, effective June 2;(1)(ee) and IP(4)(b) amended, p. 1857, � 59, effective August 2. L. 2001: (1)(ll) added, p. 560, � 2, effective May 29. L. 2002: (1)(kk) amended, p. 858, � 6, effectiveMay 30; (1)(ff) and (1)(gg) amended, p. 1118, � 1, effective June 3; (1)(f) amended,p. 1767, � 35, effective June 7. L. 2003: (1)(jj) amended, p. 1634, � 1, effective May 2; (1)(ff)(III)and(1)(gg)(III) added, p. 2137, �� 35, 36, effective May 22. L. 2005: (1)(ll) amended, p. 433, � 5, effective April 29. L. 2006: (1)(ll)(I)repealed,p. 696, � 40, effective April 28; (1)(ii) amended, p. 2006, � 64, effective July1. L. 2007: (1)(mm) added, p. 165, � 3, effective March 22; (1)(ff)(I) and(1)(gg)(I) amended, p. 348, � 3, effective August 3. L. 2008: (1)(h) amended, p. 1431, � 3, effective May 28; (1)(k) amended,p.1601, � 24, effective May 29. L. 2010: (1)(v) amended, (HB10-1232), ch. 163, p. 570, � 5, effectiveApril 28; (1)(ff) and (1)(gg) repealed, (HB10-1013), ch. 399, p. 1896, � 3, effectiveJune 10; (1)(bb) repealed, (HB10-1171), ch. 401, p. 1935, � 5, effective August11. L. 2016: (1)(f.5) added, (SB16-209), ch. 235, p. 949, � 1, effective August 10. L. 2017: (1)(jj) amended, (HB17-1301), ch. 201, p. 745, � 1, effective August 9. L. 2019: (1)(e) and (1)(f) amended, (HB19-1100), ch. 36, p. 118, � 2, effective August 2. L. 2020: IP(1) and (1)(k) amended, (HB20-1048), ch. 8, p. 18, � 7, effective September 14. L. 2021: (1)(k)(I) amended, (HB21-1108), ch. 156, p. 893, � 25, effective September 7. L. 2024: (1)(k)(II)(B) amended, (HB 24-1451), ch. 354, p. 2412, � 5, effective June 3. L. 2025: (1)(f) amended, (HB 25-1006), ch. 316, p. 1651, � 1, effective August 6.