CO Code § 22-32-109 (2021)
2021 Colorado Code|Title 22 - Education|Article 32 - School District Boards - Powers and Duties|§ 22-32-109. Board of Education - Specific Duties - Definitions

  In addition to any other duty required to be performed by law, each board of education has the following specific duties:   To adopt written bylaws, not inconsistent with law, for its organization and operation;    To adopt policies and prescribe rules and regulations necessary and proper for the efficient administration of the affairs of the district, including procedures for competitive bidding in the purchase of goods and services, except professional services, for the district;    To cause a true and correct copy of all current bylaws, policies, and rules and regulations adopted or prescribed by the board to be made available for public inspection at the administrative office of the district during reasonable business hours;    To cause to be filed with the department of education the name, address, and length of term of office of each school director; and the name, address, identification of office, and date of election or appointment of the president, vice-president, secretary, and treasurer, and of the assistant secretary and assistant treasurer if there are such offices;    To cause minutes of all proceedings of the board, except those of an executive session, to be recorded in convenient form, which record shall be open for public inspection at the administrative office of the district during reasonable business hours;      To employ all personnel required to maintain the operations and carry out the educational program of the district and to fix and order paid their compensation. Prior to the employment of any person, the board shall make an inquiry to the department of education in accordance with the provisions of section 22-32-109.7 (1). A board of a district of innovation, as defined in section 22-32.5-103 (2), may delegate the duty specified in this paragraph (f) 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). (f) (I) To employ all personnel required to maintain the operations and carry out the educational program of the district and to fix and order paid their compensation. Prior to the employment of any person, the board shall make an inquiry to the department of education in accordance with the provisions of section 22-32-109.7 (1). A board of a district of innovation, as defined in section 22-32.5-103 (2), may delegate the duty specified in this paragraph (f) 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).    and (III) Repealed.       To require any employee or other person who may receive into his custody moneys which properly belong to the district to deliver such moneys to the treasurer of the district, or to deposit such moneys in a depository designated by the board;    To require each employee who is likely to have in his or her temporary custody at any one time an amount of school district moneys in excess of fifty dollars to be bonded in an amount at least sufficient to cover the amount of school district moneys which is likely to be in his or her temporary custody at any time, or to be bonded in such greater amount as the board may determine. A blanket form of surety bond may be utilized to cover more than one such employee. The district shall pay the costs for any such bonds. In lieu of the bonds required by this paragraph (h), the district may purchase crime insurance coverage to protect the district from any malfeasance on the part of such employee.    To cause to be kept complete and accurate financial records of the school district by funds and accounts, maintained on the basis of generally recognized principles of governmental accounting;    To cause to be kept the stubs of, or a register of, all warrants or orders drawn upon school district moneys in the various funds, showing the number of each warrant or order, the date issued, the object or purpose for which drawn, the amount and to whom payable, or, in lieu thereof, similar records as normally provided in accounting procedures through the use of automatic processing;    To cause a statement of the financial condition of the district to be published and posted as required by law, to cause all accounts to be audited as required by law, and to review from time to time during each fiscal year the financial position of the district;    To cause all statements of account and all canceled warrants and orders to be kept on file for six years;    To cause such records as relate to the affairs or business of the district to be preserved and disposed of only in the manner provided by law;      To determine, prior to the end of a school year, the length of time which the schools of the district shall be in session during the next following school year, but in no event shall said schools be scheduled to have fewer than one thousand eighty hours of planned teacher-pupil instruction and teacher-pupil contact during the school year for secondary school pupils in high school, middle school, or junior high school or less than nine hundred ninety hours of such instruction and contact for elementary school pupils or fewer than four hundred fifty hours of such instruction for a half-day kindergarten program or fewer than nine hundred hours of such instruction for a full-day kindergarten program. In no case shall a school be in session for fewer than one hundred sixty days without the specific prior approval of the commissioner of education. In extraordinary circumstances, if it appears to the satisfaction of the commissioner that compliance with the provisions of this subparagraph (I) would require the scheduling of hours of instruction and contact at a time when pupil attendance will be low and the benefits to pupils of holding such hours of instruction will be minimal in relation to the cost thereof, the commissioner may waive the provisions of this subparagraph (I) upon application therefor by the board of education of the district. (n) (I) To determine, prior to the end of a school year, the length of time which the schools of the district shall be in session during the next following school year, but in no event shall said schools be scheduled to have fewer than one thousand eighty hours of planned teacher-pupil instruction and teacher-pupil contact during the school year for secondary school pupils in high school, middle school, or junior high school or less than nine hundred ninety hours of such instruction and contact for elementary school pupils or fewer than four hundred fifty hours of such instruction for a half-day kindergarten program or fewer than nine hundred hours of such instruction for a full-day kindergarten program. In no case shall a school be in session for fewer than one hundred sixty days without the specific prior approval of the commissioner of education. In extraordinary circumstances, if it appears to the satisfaction of the commissioner that compliance with the provisions of this subparagraph (I) would require the scheduling of hours of instruction and contact at a time when pupil attendance will be low and the benefits to pupils of holding such hours of instruction will be minimal in relation to the cost thereof, the commissioner may waive the provisions of this subparagraph (I) upon application therefor by the board of education of the district.    (A) The actual hours of teacher-pupil instruction and teacher-pupil contact specified in subparagraph (I) of this paragraph (n) may be reduced to no fewer than one thousand fifty-six hours for secondary school pupils, no fewer than nine hundred sixty-eight hours for elementary school pupils, no fewer than four hundred thirty-five hours for half-day kindergarten pupils, or no fewer than eight hundred seventy hours for full-day kindergarten pupils, for parent-teacher conferences, staff in-service programs, and closing deemed by the board to be necessary for the health, safety, or welfare of students.       When so directed by the state board of education, but no more often than once during any twelve-month period, to cause a census of all persons resident within the district who have not attained the age of twenty-one years, or any age group thereof, to be taken on a prescribed date, upon such forms as shall be supplied by the state board;    To appoint an attendance officer as required by the “School Attendance Law of 1963”, article 33 of this title;    To cause to be prepared, executed, and filed with the state board of education any report required by law or by regulation;    To comply with the rules and regulations adopted by the state board of education pursuant to article 4 of title 24, C.R.S.;    To cause to be erected and maintained a suitable flagstaff with the attachments necessary for the display of flags upon the administration building or, if none, on the principal school building or the grounds thereof and to cause suitable flags of standard bunting, not less than three by five feet in size, of the United States and the state of Colorado to be displayed upon said flagstaff at all times during the day while school is in session, except during inclement weather;    To determine the educational programs to be carried on in the schools of the district and to prescribe the textbooks for any course of instruction or study in such programs;    To provide free textbooks for an indigent child enrolled in a school of the district without requiring a loss or damage deposit, and to insure that no child is denied the use of textbooks because of refusal of his parents to pay for the same;    To cause an educational program to be maintained and operated within or, if the board makes a specific determination that such is necessary for the efficient operation of the district, outside the territorial limits of the district for the school-age children resident therein; but nothing in this paragraph (v) shall be construed in a manner to prohibit the maintenance of ungraded levels of instruction therein;       Repealed.      To adopt written bylaws relating to conflicts of interest for members of a board of education of a school district. (y) (I) To adopt written bylaws relating to conflicts of interest for members of a board of education of a school district.    Upon filing a copy of the adopted written bylaws with the department of education and upon acknowledgment of receipt thereof by the department, a board shall be considered to be exempt from the requirements of section 18-8-308 (1) and (2), C.R.S. A board member not voting because of a disclosed conflict shall be exempt from the provisions of section 22-32-108 (6).    The commissioner of education shall, in writing, notify the secretary of state of the exemption.    To the extent funds are available, to operate and maintain an educational program to assist students, faculty, and staff to avoid and discontinue the use of tobacco at each school under the board's direction and control;       To provide for a periodic in-service program for all district teachers which shall provide information about the “Child Protection Act of 1987”, part 3 of article 3 of title 19, C.R.S., instruction designed to assist teachers in recognizing child abuse or neglect, and instruction designed to provide teachers with information on how to report suspected incidents of child abuse or neglect and how to assist the child-victim and his family;    To adopt and implement preschool through elementary and secondary education standards as required in part 10 of article 7 of this title;    (I) To adopt a policy mandating a prohibition against the use of all tobacco products on school property and at school-sponsored activities by students, teachers, staff, and visitors pursuant to the provisions of section 25-14-103.5, C.R.S., and to adopt such rules as are necessary to enforce such prohibition; except that no such policy shall require the expulsion of any student solely for such tobacco use;    To adopt a dress code policy for teachers and other school employees;    To adopt and revise, as necessary, policies to remove barriers to access and success in school for homeless children;    To adopt a policy to prohibit school personnel from recommending or requiring the use of a psychotropic drug for any student. School personnel shall not test or require a test for a child's behavior without prior written permission from the parents or guardians or the child and prior written disclosure as to the disposition of the results or the testing therefrom. Through such policy, school personnel should be encouraged to discuss concerns about a child's behavior with the parent or legal guardian of such child and such discussions may include a suggestion by school personnel that the parent or legal guardian speak with an appropriate health-care professional.    To adopt a policy on or before October 1, 2005, to:   Provide on or before December 31 of each school year, the names and mailing addresses of students enrolled in the eighth grade to the Colorado commission on higher education for use in mailing the notice of postsecondary educational opportunities and higher education admission guidelines as required in section 23-1-119.1, C.R.S.; and    Provide to the parent of a student enrolled in the eighth grade, prior to the student's enrollment in his or her ninth-grade courses, a list of courses the school district has available that satisfy the Colorado commission on higher education's higher education admission guidelines;       To include a provision in any contract entered into by the school district with a college preparation program operating within the school district that the college preparation program shall provide to the Colorado commission on higher education, on or before December 31 of each school year, a report specifying each student, by unique identifying number, to the extent permissible by federal law, who was enrolled in the program during the previous school year; who completed the program during the previous school year; and who enrolled in an institution of higher education within six months after completing the program. The provisions of this paragraph (gg) shall apply to contracts entered into or renewed on or after August 10, 2005.    To provide the opportunity for a student enrolled in a public school of the district to develop a plan for academic remediation upon the request of the student's parent or legal guardian;    To adopt a policy within ninety days after April 28, 2006, to ensure that the right of school district employees and students to display reasonably the flag of the United States shall not be infringed with respect to the display:   On an individual's person; or    On an individual's personal property or property that is under the temporary control of an employee or a student, including but not limited to a desk top or a locker;    Each board of education shall report its blueprint for the education system in the community and its new or revised high school graduation requirements to the public through the accreditation process, as determined by the state board. In its report, the board of education shall demonstrate how its high school graduation requirements meet or exceed any minimum standards or core competencies or skills identified in the guidelines for high school graduation requirements developed by the state board pursuant to section 22-2-106 (1)(a.5).    As used in this subsection (1)(ll):    The board of education shall further require each school of the school district to assist each student who is enrolled in the school and has an ICAP to use the plan effectively to direct the student's course selections and performance expectations in at least grades nine through twelve; to assist the student in meeting his or her academic and career goals as described in the ICAP; and to enable the student to demonstrate postsecondary and workforce readiness prior to or upon graduation from high school at a level that allows the student to progress toward his or her postsecondary education goals, if any, without requiring remedial educational services or courses.    At a minimum, each public school shall ensure that, in developing and maintaining each student's ICAP, the counselor or teacher explains to the student's parent or legal guardian, by electronic mail or other written form, and to the student:       To identify any areas in which one or more of the principals of the schools of the school district require further training or development. The board of education shall contract for or otherwise assist the identified principals in participating in professional development programs to assist the identified principals in improving their skills in the identified areas.    (I) To undertake a community-based process to develop a blueprint for the education system in the community and to determine the skills students will need to be successful after graduation. Each board of education shall seek input from the community at large, which may include, but need not be limited to, students, parents, business persons, neighboring school districts, and regional boards of cooperative services. Each board of education shall use this blueprint, together with the guidelines for high school graduation requirements developed by the state board pursuant to section 22-2-106 (1)(a.5), to establish local high school graduation requirements applicable to students enrolling in ninth grade beginning in the 2014-15 school year. To assist the state board of education in fulfilling its duties under part 10 of article 7 of this title, each board of education shall provide to the state board of education information concerning the blueprint and the input received in developing the blueprint. A board of education that has undertaken a comprehensive community-based process and has revised its high school graduation requirements within the previous two years shall not be required to develop a new blueprint for the education system in its community or make any revisions to its high school graduation requirements.    (I) To adopt written policies specifying that:   The schools in the district are subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, religion, ancestry, or need for special education services;    Enrollment in a school in the district must be open to any child who resides within the state; except that a school is not required to make alterations in the structure of the facility used by the school or to make alterations to the arrangement or function of rooms within the facility, except as may be required by state or federal law; and    Enrollment decisions shall be made in a nondiscriminatory manner.   “Protective hairstyle” includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.    “Race” includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.          To adopt and implement policies as described in section 22-11-307 for accreditation of the public schools of the school district;    Repealed.    (I) To adopt policies to require each school of the school district, including the charter schools, to assist each student and his or her parent or legal guardian to develop and maintain the student's individual career and academic plan, referred to in this paragraph (oo) as an “ICAP”, no later than the beginning of ninth grade. The board of education may require the schools of the school district to assist the student and his or her parent or legal guardian to develop and maintain the student's ICAP in any grade prior to ninth grade. Each student's ICAP shall comply with the requirements specified in section 22-2-136 and the rules promulgated by the state board of education pursuant to said section.   The requirements for and benefits of concurrently enrolling in courses with an institution of higher education pursuant to the “Concurrent Enrollment Programs Act”, article 35 of this title 22. Based on a request from the student or the student's parent or legal guardian, the counselor or teacher shall assist the student in course planning to enable the student to concurrently enroll in courses with an institution of higher education.    The various career pathways created pursuant to section 24-46.3-104 and the types of certificates and jobs to which each pathway leads;  (B.5) The teaching career pathway created pursuant to section 23-60-110 , the career opportunities to which the pathway leads, and information concerning participation in the TREP program created in section 22-35-108.5 ; and     The skills and educational opportunities available through military enlistment. In discussing military enlistment with a student and his or her parent, each public school is encouraged to provide to the student information concerning the military enlistment test.       To annually distribute to each district charter school and to each district employee informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from the department of education pursuant to section 22-2-112 (1)(t). In addition to annual distribution, each board shall distribute the informational materials to newly hired district employees as part of its employee orientation process. The board may distribute the informational materials to district employees through an e-mail to employees or as part of a mailing or regular communication to employees.       Any board conducting a complete educational program outside the territorial limits of the district in accordance with the provisions of paragraph (v) of subsection (1) of this section shall obtain the written consent of the board of the school district in which said educational program is to be conducted prior to establishing said educational program. No board shall conduct a complete educational program outside the territorial limits of the district unless the geographic and topographical characteristics of the district make the conducting of such educational program within the territorial limits of the district unduly burdensome on the district and the students.     History. Source: L. 64: P. 577, § 9. C.R.S. 1963: § 123-30-9. L. 73: Pp. 1254, 1274, 1314, §§ 6, 1, 7. L. 74: (1)(n) amended, p. 363, § 2, effective March 19. L. 75: (1)(w) amended, p. 702, § 2, effective July 1. L. 77: (1)(w) amended, p. 1049, § 1, effective May 16; (1)(n) amended, p. 1071, § 2, effective May 24. L. 79: (1)(v) amended and (2) added, p. 782, § 1, effective June 7; (1)(x) added, p. 784, § 1, effective July 1. L. 80: (1)(n) amended, p. 553, § 7, effective April 30. L. 84: (1)(n) amended, p. 604, § 2, effective April 2; (1)(y) added, p. 594, § 1, effective July 1; (1)(z) added, p. 595, § 1, effective January 1, 1985. L. 86: (1)(n) amended, p. 801, § 2, effective July 1. L. 87: (1)(z) amended, p. 819, § 28, effective October 1. L. 88: (1)(n) R&RE, p. 811, § 9, effective May 24. L. 90: (1)(f) and IP(1)(x)(I) amended, p. 1029, § 18, effective July 1. L. 93: (1)(aa) added, p. 1048, § 5, effective June 3; (1)(n)(II) amended, p. 1336, § 1, effective June 6; (1)(w) amended, p. 451, § 2, effective July 1. L. 94: (1)(bb) added, p. 676, § 3, effective April 19. L. 97: (1)(aa) amended, p. 461, § 7, effective August 6. L. 2000: (1)(n)(II)(A) amended, p. 375, § 32, effective April 10; (1)(cc) added and (1)(w) and (1)(x) repealed, p. 1963, §§ 2, 3, effective June 2; (1)(f) amended, p. 1594, § 1, effective July 1. L. 2001: (1)(n)(I) and (1)(n)(II)(A) amended, p. 561, § 3, effective May 29; (1)(f)(II)(A) amended, p. 1271, § 25, effective June 5. L. 2002: (1)(f)(III) added, p. 189, § 1, effective April 3; (1)(dd) added, p. 206, § 6, effective July 1. L. 2003: (1)(f)(II) amended, p. 2178, § 1, effective June 3; (1)(ee) added, p. 2526, § 1, effective June 5. L. 2005: (1)(hh) added p. 520, § 2, effective May 24; (1)(ff) and (1)(gg) added, p. 444, § 1, effective August 8. L. 2006: (1)(ii) added, p. 701, § 51, effective April 28; (1)(jj) added, p. 1240, § 4, effective May 26. L. 2007: (1)(kk) added, p. 678, § 4, effective May 2. L. 2008: (1)(kk)(I) amended, p. 768, § 3, effective May 14; (1)(f)(I) amended, p. 1431, § 2, effective May 28; (1)(ll) added, p. 1601, § 23, effective May 29. L. 2009: (1)(mm) added,(SB 09-163), ch. 293, p. 1541, § 40, effective May 21; (1)(nn) added,(SB 09-256), ch. 294, p. 1557, § 16, effective May 21. L. 2010: (1)(kk)(I) amended,(HB 10-1013), ch. 399, p. 1912, § 34, effective June 10. L. 2012: (1)(nn) amended and (1)(oo) added,(HB 12-1345), ch. 188, p. 725, § 12, effective May 19; (1)(kk)(I) amended,(HB 12-1240), ch. 258, p. 1308, § 2, effective June 4; (1)(nn) amended,(HB 12-1043), ch. 209, p. 898, § 1, effective August 8. L. 2014: (1)(nn) and (1)(oo) amended,(HB 14-1363), ch. 302, p. 1265, § 15, effective May 31. L. 2015: (1)(aa) amended,(HB 15-1323), ch. 204, p. 724, § 33, effective May 20. L. 2016: (1)(h) amended,(HB 16-1013), ch. 28, p. 65, § 2, effective March 18. L. 2017: (1)(oo)(III) amended,(HB 17-1041), ch. 51, p. 161, § 2, effective August 9. L. 2019: (1)(pp) added,(SB 19-057), ch. 35, p. 114, § 5, effective August 2. L. 2020: IP(1) and (1)(ll) amended,(HB 20-1048), ch. 8, p. 17, § 6, effective September 14; (1)(nn) repealed,(HB 20-1396), ch. 138, p. 599, § 3, effective September 14. L. 2021: (1)(ll)(I)(A) amended,(HB 21-1108), ch. 156, p. 892, § 24, effective September 7; (1)(oo)(III)(B) amended and (1)(oo)(III)(B.5) added,(SB 21-185), ch. 246, p. 1335, § 10, effective September 7. History. Source: L. 64: P. 577, § 9. C.R.S. 1963: § 123-30-9. L. 73: Pp. 1254, 1274, 1314, §§ 6, 1, 7. L. 74: (1)(n) amended, p. 363, § 2, effective March 19. L. 75: (1)(w) amended, p. 702, § 2, effective July 1. L. 77: (1)(w) amended, p. 1049, § 1, effective May 16; (1)(n) amended, p. 1071, § 2, effective May 24. L. 79: (1)(v) amended and (2) added, p. 782, § 1, effective June 7; (1)(x) added, p. 784, § 1, effective July 1. L. 80: (1)(n) amended, p. 553, § 7, effective April 30. L. 84: (1)(n) amended, p. 604, § 2, effective April 2; (1)(y) added, p. 594, § 1, effective July 1; (1)(z) added, p. 595, § 1, effective January 1, 1985. L. 86: (1)(n) amended, p. 801, § 2, effective July 1. L. 87: (1)(z) amended, p. 819, § 28, effective October 1. L. 88: (1)(n) R&RE, p. 811, § 9, effective May 24. L. 90: (1)(f) and IP(1)(x)(I) amended, p. 1029, § 18, effective July 1. L. 93: (1)(aa) added, p. 1048, § 5, effective June 3; (1)(n)(II) amended, p. 1336, § 1, effective June 6; (1)(w) amended, p. 451, § 2, effective July 1. L. 94: (1)(bb) added, p. 676, § 3, effective April 19. L. 97: (1)(aa) amended, p. 461, § 7, effective August 6. L. 2000: (1)(n)(II)(A) amended, p. 375, § 32, effective April 10; (1)(cc) added and (1)(w) and (1)(x) repealed, p. 1963, §§ 2, 3, effective June 2; (1)(f) amended, p. 1594, § 1, effective July 1. L. 2001: (1)(n)(I) and (1)(n)(II)(A) amended, p. 561, § 3, effective May 29; (1)(f)(II)(A) amended, p. 1271, § 25, effective June 5. L. 2002: (1)(f)(III) added, p. 189, § 1, effective April 3; (1)(dd) added, p. 206, § 6, effective July 1. L. 2003: (1)(f)(II) amended, p. 2178, § 1, effective June 3; (1)(ee) added, p. 2526, § 1, effective June 5. L. 2005: (1)(hh) added p. 520, § 2, effective May 24; (1)(ff) and (1)(gg) added, p. 444, § 1, effective August 8. L. 2006: (1)(ii) added, p. 701, § 51, effective April 28; (1)(jj) added, p. 1240, § 4, effective May 26. L. 2007: (1)(kk) added, p. 678, § 4, effective May 2. L. 2008: (1)(kk)(I) amended, p. 768, § 3, effective May 14; (1)(f)(I) amended, p. 1431, § 2, effective May 28; (1)(ll) added, p. 1601, § 23, effective May 29. L. 2009: (1)(mm) added,(SB 09-163), ch. 293, p. 1541, § 40, effective May 21; (1)(nn) added,(SB 09-256), ch. 294, p. 1557, § 16, effective May 21. L. 2010: (1)(kk)(I) amended,(HB 10-1013), ch. 399, p. 1912, § 34, effective June 10. L. 2012: (1)(nn) amended and (1)(oo) added,(HB 12-1345), ch. 188, p. 725, § 12, effective May 19; (1)(kk)(I) amended,(HB 12-1240), ch. 258, p. 1308, § 2, effective June 4; (1)(nn) amended,(HB 12-1043), ch. 209, p. 898, § 1, effective August 8. L. 2014: (1)(nn) and (1)(oo) amended,(HB 14-1363), ch. 302, p. 1265, § 15, effective May 31. L. 2015: (1)(aa) amended,(HB 15-1323), ch. 204, p. 724, § 33, effective May 20. L. 2016: (1)(h) amended,(HB 16-1013), ch. 28, p. 65, § 2, effective March 18. L. 2017: (1)(oo)(III) amended,(HB 17-1041), ch. 51, p. 161, § 2, effective August 9. L. 2019: (1)(pp) added,(SB 19-057), ch. 35, p. 114, § 5, effective August 2. L. 2020: IP(1) and (1)(ll) amended,(HB 20-1048), ch. 8, p. 17, § 6, effective September 14; (1)(nn) repealed,(HB 20-1396), ch. 138, p. 599, § 3, effective September 14. L. 2021: (1)(ll)(I)(A) amended,(HB 21-1108), ch. 156, p. 892, § 24, effective September 7; (1)(oo)(III)(B) amended and (1)(oo)(III)(B.5) added,(SB 21-185), ch. 246, p. 1335, § 10, effective September 7.    Editor's note:    Subsection (1)(f)(II)(B) provided for the repeal of subsection (1)(f)(II), effective July 1, 2005. (SeeL. 2003, p. 2178.)    Subsection (1)(f)(III)(B) provided for the repeal of subsection (1)(f)(III), effective July 1, 2005. (SeeL. 2002, p. 189.)    Amendments to subsection (1)(nn) by House Bill 12-1043 and House Bill 12-1345 were harmonized.     Cross references:    For additional duties of local boards of education concerning the release of personal information of a student to military recruiting officers, see § 24-72-204.    For the legislative declaration contained in the 2001 act amending subsections (1)(n)(I) and (1)(n)(II)(A), see section 1 of chapter 174, Session Laws of Colorado 2001. For the legislative declaration contained in the 2006 act enacting subsection (1)(jj), see section 7 of chapter 270, Session Laws of Colorado 2006. For the legislative declaration contained in the 2007 act enacting subsection (1)(kk), see section 1 of chapter 182, Session Laws of Colorado 2007. For the legislative declaration contained in the 2008 act enacting subsection (1)(ll), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in the 2012 act amending subsection (1)(nn) and adding subsection (1)(oo), see section 11 of chapter 188, Session Laws of Colorado 2012. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.    For the short title (“Creating a Respectful and Open World for Natural Hair Act of 2020” or the “CROWN Act of 2020”) and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020.     ANNOTATION   Law reviews. For comment, “Cary v. Board of Education: Academic Freedom at the High School Level”, see 57 Den. L.J. 197 (1980). For article, “Constitutional Law”, which discusses Tenth Circuit decisions dealing with the constitutionality of corporal punishment in schools, see 65 Den. U. L. Rev. 527 (1988). For comment, “Fourth Amendment Protection in the School Environment: The Colorado Supreme Court's Application of the Reasonable Suspicion Standard in State v. P.E.A.”, see 61 U. Colo. L. Rev. 153 (1990). For comment, “Who May Hire Teachers: How Mutual Consent Fits Into the Current Colorado Hiring Framework”, see 85 U. Colo. L. Rev. 229 (2014).   Annotator's note. Since § 22-32-109 is similar to repealed § 123-10-19, C.R.S. 1963, cases construing that provision have been included in the annotations to this section.   Considerable discretion in board. On an underlying constitutional basis, school boards are accorded by statute the authority to employ and to fix the salaries of their employees and are vested with “considerable discretion”. Ball v. Weld County Sch. Dist. No. RE-3J, 37 Colo. App. 16, 545 P.2d 1370 (1975).   School boards of local school districts are empowered by statute to control the employment of all personnel required to maintain the operations and carry out the educational program of the district. Nagy v. Bd. of Educ. of Sch. Dist. No. 28J, 31 Colo. App. 45, 500 P.2d 987 (1972).   Subject to express terms of other pertinent statutes. The power of school boards to control the hiring and firing and transfers of their employees in their districts is limited only by the express terms of the statutes with respect to these aspects of the operations of the district. Nagy v. Bd. of Educ. of Sch. Dist. No. 28J, 31 Colo. App. 45, 500 P.2d 987 (1972).   Power to employ teachers cannot be delegated by school board. The power to employ teachers has been conferred by the general assembly exclusively on the school board, and therefore it cannot be delegated. Big Sandy Sch. Dist. No. 100-J v. Carroll, 164 Colo. 173 , 433 P.2d 325 (1967).   A school board is empowered to hire teachers and while it may want to act on the recommendation of its superintendent, it cannot escape this statutory duty by completely shifting the responsibility to its superintendent. Big Sandy Sch. Dist. No. 100-J v. Carroll, 164 Colo. 173 , 433 P.2d 325 (1967).   A school board policy which discriminates against those who exercise the right to marry violates the equal protection clause of the fourteenth amendment, unless there exists a compelling state interest which justifies that discrimination. Beeson v. Kiowa County Sch. Dist. RE-1, 39 Colo. App. 174, 567 P.2d 801 (1977).   Board may delegate the authority to discharge “classified personnel” but only if such delegation is accompanied by specific standards leaving little or nothing to the discretion of the subordinate. Jacobs v. Fremont RE-1 Sch. District, 697 P.2d 414 (Colo. App. 1984).   Actions which are administrative in character, such as the discharge of a bus driver, do not significantly impact on institutional policy and may be delegated by the school board to the superintendent of schools. Fremont RF-1 Sch. Dist. v. Jacobs, 737 P.2d 816 (Colo. 1987).   Such delegations by the school board need not be accompanied by specific standards to guide the discretion of the subordinate. Fremont RE-1 Sch. District v. Jacobs, 737 P.2d 816 (Colo. 1987).   School district cannot enter into certain collective bargaining agreements. A school district, a corporate body, cannot enter into a collective bargaining agreement whereby it delegates its responsibility and discretion in employing personnel. Rockey v. Sch. Dist. No. 11, 32 Colo. App. 203, 508 P.2d 796 (1973).   School board properly delegated the power to transfer teachers when it adopted the collective bargaining agreement. Lazuk v. Denver County Sch. Dist. No. 1, 22 P.3d 548 (Colo. App. 2000).   Collective bargaining agreement not necessarily delegation of authority. Fact that a school board entered into a collective bargaining agreement relating to the employment of teachers does not mean per se that it has delegated its authority or decision-making power. Rockey v. Sch. Dist. No. 11, 32 Colo. App. 203, 508 P.2d 796 (1973).   A school board's participation in collective bargaining is not per se an unlawful delegation of its authority. Littleton Educ. Ass'n v. Arapahoe County Sch. Dist., 191 Colo. 411 , 553 P.2d 793 (1976).   Collective bargaining agreements between a county school board and a local education association which did not provide for binding arbitration of unresolved disputes and which gave board power to make final decision on all unresolved issues, without further negotiation, was not invalid as an unlawful delegation of authority. Littleton Educ. Ass'n v. Arapahoe County Sch. Dist., 191 Colo. 411 , 553 P.2d 793 (1976).   This section would appear to give board of education right to select textbooks, including those used in elective courses, insofar as the state may do so consistent with the federal and state constitutions. Cary v. Bd. of Educ., 598 F.2d 535 (10th Cir. 1979).   Board cannot structure its text designation to promote particular religious viewpoint. Cary v. Bd. of Educ., 598 F.2d 535 (10th Cir. 1979).   Censorship is tolerable only where legitimate state interest. Censorship or suppression of expression of opinion, even in the classroom, should be tolerated only when there is a legitimate interest of the state which can be said to require priority. Cary v. Bd. of Educ., 598 F.2d 535 (10th Cir. 1979).   Board's decision may be political. When the board of education for the Adams-Arapahoe school district banned 10 books from use in teachers' language arts classes, the board was acting within its rights in omitting the books and the constitutional rights of the teachers were not violated, even though the decision was a political one influenced by the personal views of the members. Cary v. Bd. of Educ., 598 F.2d 535 (10th Cir. 1979).   No intent to furnish books free to all students. It was not the intent of the framers of the state constitution that school districts furnish books free to all students. Marshall v. Sch. Dist. Re-3, 191 Colo. 451 , 553 P.2d 784 (1976).   If school districts were required to furnish free books to all pupils, there would be no need for the provision in this section relative to indigent children. Marshall v. Sch. Dist. Re-3, 191 Colo. 451 , 553 P.2d 784 (1976).   Even though generally there is no duty to protect students off the school premises, whether a school may, through its actions and policies, undertake such a duty (in this case rules and regulations restricting travel to school by bicycle) is a factual question to be determined by the judge or jury. Jefferson County Sch. Dist. R-1 v. Justis, 725 P.2d 767 (Colo. 1986).   School district did not assume duty to provide crossing guards at an intersection in the morning when kindergartners were walking home even though crossing guards were placed at the intersection in the afternoon. Jefferson County Sch. Dist. R-1 v. Gilbert, 725 P.2d 774 (Colo. 1986).   Applied in Mtn. States Legal Found. v. Denver Sch. Dist. No. 1, 459 F. Supp. 357 (D. Colo. 1978 ); Gutierrez v. Sch. Dist. R-1, 41 Colo. App. 411, 585 P.2d 935 (1978).