§ 22-32-115 — Tuition for resident school-age children

(1) A board of
education of a school district may pay tuition for any school-age child resident in
the district who has not completed the twelfth grade to attend a school operated by
another school district, whether said school is located within or without the county,
when the board of the district of residence determines for any reason whatsoever
that it would be to the educational advantage or general welfare or convenience of
said child to attend such school operated by another school district.

(2) (a) The tuition, to be paid as authorized by subsection (1) of this section,
shall not exceed one hundred twenty percent of the current per pupil general fund
cost in the school district of attendance during the preceding school year.

(b) (I) A board of education of a district shall permit any child, the parents or
guardian of whom are residents of the state but are not residents of the district, to
attend school in the district pursuant to the provisions of section 22-36-101, and the
parents or guardian of such child shall not be required to pay tuition. If the child
permitted to attend school in the district pursuant to the provisions of section 22-36-101 is a child with a disability, the school district of residence shall be
responsible for paying any tuition for educating the child in accordance with the
provisions of section 22-20-109 (4). Nothing in this paragraph (b) shall be construed
as creating an obligation on the part of the school district of residence or the school
district of attendance to provide transportation at public expense for any such child
to and from the school of attendance. The board of education of any school district
may permit any child, the parents or guardian of whom are not residents of the
state, to attend school in the school district and may require the parents or
guardian of the child to pay tuition on behalf of the child.

(II) A board of education of a school district shall permit an elementary
school-age child to attend an elementary school operated by such school district if
the provisions of section 22-32-116 (2) are applicable.

(3) The authority of a board of education to pay tuition for a child pursuant to
subsection (1) of this section shall include authority to pay tuition for a child to
attend a public school of a school district situate in an adjacent state when the
district of residence of the child is situate adjacent to the other state and the
geographic conditions or distances are such that it would be impracticable for the
child to attend the schools of his district. In the case of tuition paid to a school
district of an adjacent state, the limitations of subsection (2)(a) of this section shall
not be applicable.

(4) (a) A district of residence shall not be liable for the tuition of any school-age child except pursuant to a written agreement with the district of attendance. A
copy of any written agreement between the district of residence and the district of
attendance shall be furnished to the parent or guardian of a child covered by the
agreement, and such parent or guardian shall not be liable for such part of the
tuition, if any, not paid to the district of attendance by the district of residence of
such child; except that such parent or guardian may be liable for the payment of
such part of the tuition if such parent or guardian is not a resident of the state.

(b) The written agreement between the school district of residence and the
school district of attendance regarding a nonresident child who is attending an
elementary school in a school district other than the school district of residence
pursuant to the provisions of section 22-32-116 (2) may not contain any requirement
for the payment of tuition. The school district of residence and the parent or
guardian of a child attending school pursuant to section 22-32-116 (2) are not liable
for any tuition for the attendance of the child in the school district of attendance.

(5) (Deleted by amendment, L. 94, p. 558, � 3, effective April 6, 1994.)

Legislative History

Source: L. 64: p. 585, � 16. C.R.S. 1963: � 123-30-16. L. 75: (2)(a) amended, p. 710, � 1, effective July 1. L. 88: (2)(a) amended, p. 811, � 10, effective May 24. L. 93: (5) amended, p. 1648, � 41, effective July 1. L. 94: (2)(b), (4), and (5) amended, p. 558, � 3, effective April 6; (2)(a) amended, p. 813, � 27, effective April 27; (2)(b) and (4) amended, p. 1061, � 2, effective May 4; (2)(b) amended, p. 1283, � 10, effective May 22. L. 95: (2)(b)(II) amended, p. 1101, � 27, effective May 31. L. 2009: (2)(a) amended, (SB 09-292), ch. 369, p. 1963, � 60, effective August 5.