C.R.S. Section 22-2-113
Commissioner

  • powers

(1)

Subject to the supervision of the state board, the commissioner has the following powers:

(a)

To perform all duties which may be required by law;

(b)

To issue instructions to school district officers and employees concerning the government of the public schools under their control;

(c)

To prescribe forms and items to be included in reports submitted by school district officers and employees and other persons;

(d)

To construe provisions of the school laws on questions submitted to him in writing by any school district officer or employee or other person. Said construction may be published in either memorandum form or in any periodical devoted to the interest of education with general distribution to the public schools.

(e)

To cause to be prepared, printed, and distributed report forms, registers, curriculum and instructional guides, pamphlets, and other materials as may be beneficial to personnel and pupils of the public schools. All publishing costs therefor shall be paid out of the funds appropriated to the department on warrants of the controller covering vouchers approved by the commissioner. A reasonable fee may be charged for any such materials delivered to a person not in the service of a school district or enrolled as a pupil in the public schools thereof. All receipts from such fees shall be deposited to the credit of the general fund.

(f)

To recover a penalty fee from current state payments to a school district, a board of cooperative services as defined in section 22-5-103 (2), or a group care facility or home as defined by the department in its regulations when a certification to the department of education by such district, board, facility, or home for the determination of state funding by the department is not supported by generally accepted accounting principles upon audit by the department. The penalty fee shall be determined by the commissioner, but in no event shall such fee be less than fifty dollars nor more than twenty thousand dollars per initial audit.

(g)

Intentionally left blank —Ed.

(I)

To recover an interest fee from current state payments to a school district, a board of cooperative services as defined in section 22-5-103 (2), or a group care facility or home as defined by the department in its rules when a certification to the department by such district, board, or facility, for the determination of state funding, results in an overpayment to the district, board, facility, or home by the state. The interest amount shall be computed on the amount of overpayment at a rate that is equal to the earnings on the treasury pooled funds for the previous fiscal year, beginning from the final settlement date of the audit. The interest fee shall be recovered in addition to the recovery of the amount of the overpayment.

(II)

Intentionally left blank —Ed.

(A)

Notwithstanding the provisions of subparagraph (I) of this paragraph (g), for audits that begin on or after July 1, 2007, if the department determines through an audit of a school district or a group care facility or home that an overpayment of state funding has been made to the district, facility, or home due to an error in information submitted to the department, the commissioner shall not recover an interest fee from the district, facility, or home in addition to the amount of the overpayment if the district, facility, or home repays the overpayment within the period specified in sub-subparagraph (B) of this subparagraph (II).

(B)

The period during which the commissioner shall not recover an interest fee pursuant to sub-subparagraph (A) of this subparagraph (II) shall be a period that is equal to the number of years and any fraction of a year between the settlement date of the audit in which the overpayment to the school district or group care facility or home was determined and the settlement date of the immediately preceding audit of the district, facility, or home. The period shall begin on the final settlement date of the audit in which the overpayment to the district, facility, or home was determined.

(C)

If a school district or group care facility or home is unable to repay the total amount of the overpayment within the period specified in sub-subparagraph (B) of this subparagraph (II), the district, facility, or home and the department may negotiate an extension of the repayment period for the remaining amount of the overpayment; except that the commissioner shall recover the interest fee described in subparagraph (I) of this paragraph (g) on the remaining amount of the overpayment beginning on the day immediately following the expiration of the period specified in sub-subparagraph (B) of this subparagraph (II). The interest fee shall be recovered in addition to the recovery of the remaining amount of the overpayment.

(III)

Notwithstanding any provision of subparagraph (I) or (II) of this paragraph (g) to the contrary, for the 2008-09 budget year, the commissioner may accept as repayment from a school district that has received an overpayment items for use by the department, including but not limited to lifetime online curriculum licenses, in the same value as the amount of the overpayment owed by the school district.

(h)

To cooperate with local boards of education, pursuant to section 18-18-407 (2)(b), C.R.S., and make recommendations regarding the uniform implementation and furnishing of notice of the provisions of section 18-18-407 (2)(b), C.R.S.;

(i)

To issue emergency orders concerning a charter school pursuant to section 22-30.5-703; and

(j)

Subject to available appropriations, to expend appropriations to correct an underpayment of state funding to a school district, board of cooperative services, as defined in section 22-5-103, the state charter school institute, or a group care facility or home when a certification to the department by the school district, board, institute, facility, or home, for the determination of state funding by the department, includes an error in the information submitted to the department.

Source: Section 22-2-113 — Commissioner - powers, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑2‑101
Short title 22‑2‑102
Definitions 22‑2‑103
Department of education 22‑2‑104
Offices and positions - nature 22‑2‑105
State board of education - composition 22‑2‑105.5
State board of education - definitions - vacancies - procedure for filling 22‑2‑106
State board - duties - rules 22‑2‑106.5
State board - duties with regard to student data - memorandum of understanding 22‑2‑107
State board - power 22‑2‑108
Federal financial assistance 22‑2‑109
State board of education - additional duties - teacher standards - principal standards - rules 22‑2‑110
Commissioner of education - oath - qualifications - tenure 22‑2‑111
Commissioner of education - office - records - confidential nature 22‑2‑112
Commissioner - duties - report - legislative declaration 22‑2‑113
Commissioner - powers 22‑2‑113.8
Department of education - additional local revenues - distribution to schools - annual report 22‑2‑114.1
Dropout rates - collection of data on grades seven through twelve 22‑2‑116
Additional power - waiver of reporting requirements - review of reporting requirements 22‑2‑116.5
Department of education - student-level course completion data 22‑2‑117
Additional power - state board - waiver of requirements - rules 22‑2‑119
Department of education - inquiries concerning prospective employees - background investigation fee 22‑2‑119.3
Department of education - educator preparation program students - record check - fee - definitions 22‑2‑119.5
Department of education - duty to report - convictions 22‑2‑122
Grants to schools and school districts 22‑2‑122.5
COVID-19 learning impacts - extended learning opportunities - funding - combined application, reporting, and evaluation process - rules - legislative declaration - definitions - repeal 22‑2‑125
Loan program for capital improvements in growth school districts - use of public school fund 22‑2‑127
Financial literacy - resource bank - technical assistance - definitions - appropriation - repeal 22‑2‑127.1
Stipends for financial aid training - definitions - appropriation - repeal 22‑2‑127.3
Holocaust and genocide studies - resource bank - technical assistance - definitions 22‑2‑127.5
Computer science programs - resource bank 22‑2‑127.7
Marijuana education materials - resource bank - technical assistance 22‑2‑127.9
Mental health education literacy - resource bank - technical assistance 22‑2‑128
Department of education - reciprocal agreements with adjacent states - report 22‑2‑129
Department of education - approved supplemental education services providers - list 22‑2‑130
Supplemental online education grant program - legislative declaration - definitions - creation - eligibility - award - fund 22‑2‑132
Department of education - career and technical education authorization - rules 22‑2‑133
Assessment and identification of students with literacy challenges including dyslexia - training and technical assistance - collaboration with higher education - report 22‑2‑135
Food allergy and anaphylaxis management - rules 22‑2‑136
Additional duty - state board - individual career and academic plans - standards - rules 22‑2‑137
State schools - legislative declaration - feasibility study - authority to contract - funding 22‑2‑138
State environmental education plan - fund created 22‑2‑139
Memorandum of understanding - notification of risk - rules 22‑2‑141
Early literacy assessment tool - request for proposals - software - hardware - training - distribution - legislative declaration 22‑2‑144
Bullying prevention and education policies - short title - study 22‑2‑145
Media literacy - committee - report - strategic plan - resource bank - definition - rules 22‑2‑146
Department of education - COVID-19-related education loss - strategies - resources - report - legislative declaration 22‑2‑146.5
Department of education - improving mathematics outcomes - training and technical assistance - report - definitions 22‑2‑146.6
Colorado academic accelerator grant program - report - rules - definitions 22‑2‑147
Menstrual hygiene products accessibility grant program - eligibility - rules - report - definitions 22‑2‑148
Secondary school student substance use - committee - definitions - repeal 22‑2‑301
Short title 22‑2‑302
Legislative declaration 22‑2‑303
Definitions 22‑2‑304
Education data advisory committee - creation - duties - approval 22‑2‑305
Data dictionary - legislative declaration - creation - contents - report 22‑2‑306
Advance notice - legislative declaration - data collection - data submission changes - website update - submission windows 22‑2‑307
Data reporting requirements - interpretation of federal law - suspension 22‑2‑308
Data reporting requirements - office of legislative legal services 22‑2‑401
Legislative declaration 22‑2‑402
Definitions 22‑2‑403
Office of facility schools - created 22‑2‑404
Facility schools board - created - membership 22‑2‑405
Facility schools office - duties 22‑2‑406
Facility schools board duties - curriculum - graduation standards - report - rules 22‑2‑407
List of approved facility schools - application - criteria - rules 22‑2‑407.5
Facility schools - sustainable model of education for facility students - work group - created - membership - duties - reporting requirements - funding 22‑2‑408
Approved facility schools - funding 22‑2‑409
Notification of risk 22‑2‑410
Administration - licensing - reports 22‑2‑411
Shared operational services grant program - creation - report - rules - definitions - repeal 22‑2‑412
Technical assistance center - creation - definitions 22‑2‑501
Legislative declaration 22‑2‑502
Definitions 22‑2‑503
Teaching and learning conditions survey 22‑2‑504
National certification compensation - definition - study 22‑2‑505
Minority teacher recruitment - short title - legislative declaration - study - report
Green check means up to date. Up to date

Current through Fall 2024

§ 22-2-113’s source at colorado​.gov