Board of education
- specific powers
(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)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, or 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. No finding that the property is not needed for the district’s purposes shall be necessary 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.
(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)Intentionally left blank —Ed.
(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, 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;
(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)Intentionally left blank —Ed.
(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.
Section 22-32-110 — Board of education - specific powers - definitions,
https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-22.pdf (accessed Oct. 20, 2023).