C.R.S. Section 22-1-135
Terms and conditions in public school contracts

  • definitions

(1)

As used in this section:

(a)

“Construction” means the process of building, altering, repairing, improving, or demolishing any public structure or building or any other public improvements of any kind to any real property that is owned or leased by a contracting entity or by a public school and is used for the direct benefit of or in support of a public school.

(b)

“Contractor” means any person having a contract with a public school contracting entity. “Contractor” does not include an employee of a public school contracting entity or of a public school to be directly benefited by or supported by a public school contract.

(c)

“Public school contract” means any type of agreement, regardless of what it may be called, entered into between a public school contracting entity and a contractor where the principal purpose is to acquire supplies, services, or construction or to dispose of supplies for the direct benefit of or in support of a public school; except that “public school contract” does not include an agreement for the acquisition of professional services, as defined in section 24-30-1402 (6).

(d)

“Public school contracting entity” means an entity that is authorized to contract for the direct benefit of or support of a public school and enters into a public school contract. “Public school contracting entity” includes a school district and, to the extent authorized by law, a public school, an administrative unit, as defined in section 22-20-103 (1), a participating provider, as defined in section 22-100-101, or any other entity that is authorized to contract for the direct benefit of or support of a public school.

(2)

Intentionally left blank —Ed.

(a)

A term or condition in a public school contract is void ab initio if the term or condition:

(I)

Requires the public school contracting entity to indemnify or hold harmless another person;

(II)

Specifies that the public school contracting entity agrees to binding arbitration or to any other binding extra-judicial dispute resolution process;

(III)

Specifies that the public school contracting entity agrees to limit liability of another person for bodily injury, death, or damage to property of the public school contracting entity or a public school directly benefited by or supported by the public school contract that is caused by the negligence or willful misconduct of the person or of the person’s employees or agents;

(IV)

Purports to waive, alter, or limit the application of any provision of the “Colorado Governmental Immunity Act”, article 10 of title 24;

(V)

Purports to waive, alter, or limit the application of the “Student Data Transparency and Security Act”, article 16 of this title 22, the provisions of sections 6-1-713 and 6-1-713.5 relating to protection and disposal of personal identifying information, the provisions of article 73 of title 24 relating to security breaches and personal information, or, upon it taking effect on July 1, 2023, the “Colorado Privacy Act”, part 13 of article 1 of title 6; or

(VI)

Conflicts with Colorado law or rules promulgated pursuant to Colorado law or conflicts with any provision required to be included or deemed to be included in a public school contract by subsection (2)(d) of this section as of the date the contract is executed.

(b)

If a public school contract contains a term or condition that is void ab initio under subsection (2)(a) of this section, the public school contract is otherwise enforceable as if it did not contain the void term or condition.

(c)

All public school contracts, except for contracts with another government, are governed by Colorado law notwithstanding any contract term or condition to the contrary.

(d)

A public school contract must include provisions, and if such provisions are nonetheless inadvertently or otherwise omitted, shall be deemed to include provisions, that:

(I)

State that, subject to the requirements of section 24-91-103.6 pertaining to contracts for the construction and design of public works projects, any and all contractual financial obligations of the public school contracting entity that are payable after the current fiscal year are contingent on money to pay the obligations being appropriated, budgeted, and otherwise made available;

(II)

Require the contractor to comply with all applicable federal, state, and local laws, rules, and regulations in effect when the contract is executed or thereafter established, including, without limitation:

(A)

Laws, rules, and regulations applicable to discrimination and unfair employment practices; and

(B)

Laws, rules, and regulations that require the protection of personal identifying information, including student personal identifying information, as defined in section 22-16-103 (13), such as the federal “Family Education Rights and Privacy Act”, 20 U.S.C. sec. 1232g, the “Student Data Transparency and Security Act”, article 16 of this title 22, the provisions of sections 6-1-713 and 6-1-713.5 relating to protection and disposal of personal identifying information, the provisions of article 73 of title 24 relating to security breaches and personal information, or, upon it taking effect on July 1, 2023, the “Colorado Privacy Act”, part 13 of article 1 of title 6; and

(III)

Require the contractor to perform its duties as an independent contractor, to pay when due all applicable employment taxes and income taxes for its employees incurred in the performance of the contract, and to provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law.

(3)

Intentionally left blank —Ed.

(a)

For contracts executed on or after July 1, 2023, when reviewing proposals received and for selecting the entity to provide technology, in accordance with the procurement laws applicable to the department, school district, or institute charter school, the department, school district, or institute charter school may consider life-cycle cost.

(b)

For the purpose of this subsection (3), unless the context otherwise requires:

(I)

“Life-cycle cost” means the purchase cost of technology minus the resale value at the end of the technology’s expected useful life, in addition to the maintenance incurred during the technology’s expected useful life.

(II)

“Technology” means any device, computer, hardware, software, or related accessory.

Source: Section 22-1-135 — Terms and conditions in public school contracts - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑1‑101
Schools defined 22‑1‑102
Residence of child 22‑1‑102.5
Definition of homeless child 22‑1‑103
Policy of state to instruct in English - exceptions 22‑1‑104
Teaching of history, culture, and civil government 22‑1‑104.3
History, culture, social contributions, and civil government in education commission - established - membership - duties 22‑1‑104.5
Teaching of visual arts and performing arts - definitions 22‑1‑104.7
Teaching of Holocaust and genocide studies - definitions 22‑1‑106
Information as to honor and use of flag 22‑1‑107
Pupils to be instructed 22‑1‑108
Federal constitution to be taught 22‑1‑109
Taught at what stages 22‑1‑110
Effect of use of alcohol and controlled substances to be taught 22‑1‑112
School year - national holidays 22‑1‑114
Statements from private schools 22‑1‑115
School census - school age 22‑1‑116
School children - sight and hearing tests 22‑1‑117
Secret fraternities forbidden 22‑1‑118
School board to enforce 22‑1‑119
Students - dispensing of drugs to - liability 22‑1‑119.1
Policy for employee and agent possession and administration of opiate antagonists - definitions 22‑1‑119.2
Policy for employee and agent furnishing non-laboratory synthetic opiate detection tests - definition 22‑1‑119.3
Policy for student possession and administration of prescription medication - rules - definitions 22‑1‑119.5
Asthma, food allergy, and anaphylaxis health management - self-administered medication - staff-administered medication - rules - definitions 22‑1‑120
Rights of free expression for public school students 22‑1‑121
Nonpublic schools - employment of personnel - notification by department of education 22‑1‑122
Transportation token program - legislative declaration - eligibility - fund 22‑1‑123
Protection of student data - parental or legal guardian consent for surveys 22‑1‑124
Sex offender information 22‑1‑125.5
Requirement for certification of public school athletic coaches in cardiopulmonary resuscitation - use of automated external defibrillators - definitions 22‑1‑126
Safe2tell program 22‑1‑127
Incentives for school enrollment or attendance - prohibited - exceptions - definitions 22‑1‑128
Comprehensive human sexuality education - legislative declaration - definitions - guidelines and content standards 22‑1‑129
Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - grants - definitions - rules 22‑1‑129.5
Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - guidelines and content standards - definition 22‑1‑130
Notice to parents of alleged criminal conduct by school employees - legislative declaration - definitions 22‑1‑131
Online instruction - student protections - short title - definitions 22‑1‑132
Seizure safe schools - action plan - training - rules - short title - definitions 22‑1‑133
Prohibition on use of American Indian mascots - exemptions - definitions 22‑1‑134
Hunter education course - gifts, grants, or donations - definitions 22‑1‑135
Terms and conditions in public school contracts - definitions 22‑1‑135.5
Nondisclosure agreements - protection of school district, board of cooperative services, and public school employees - definitions 22‑1‑136
Student identification cards - information required 22‑1‑138
Information collected and posted on department website 22‑1‑139
Accessible district profile reports - school climate reports and surveys - reporting - definition 22‑1‑140
Corporal punishment prohibited - definition 22‑1‑141
Legal representation - due process complaints - appointments - report - definitions - repeal 22‑1‑142
Tribal regalia at school graduation ceremonies - definitions 22‑1‑143
Harassment or discrimination - policy required - training and notification - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 22-1-135’s source at colorado​.gov