State board - power.

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(1) The state board has the power:

  1. To perform all duties delegated to it by law;

  2. To employ personnel, subject to the provisions of section 13 of article XII of thestate constitution, as may be necessary for the performance of powers and duties delegated to the state board, the commissioner, and the department;

  3. To promulgate and adopt policies, rules, and regulations concerning general supervision of the public schools, the department, and the educational programs maintained and operated by all state governmental agencies for persons who have not completed the twelfthgrade level of instruction;

  4. To approve within the appropriation made by the general assembly a salary schedulefor personnel of the department who are not within the state personnel system;

  5. To create, maintain, and modify, from time to time, such administrative organizationfor personnel of the department as may be deemed necessary or beneficial;

  6. To provide consultative services to the public schools and boards of education ofschool districts;

  7. To appraise for the purpose of accreditation any nonpublic school, but only upon itsrequest;

(g.5) Repealed.

  1. To accept gifts, grants, and donations of any nature for the use of the department orthe public schools in accordance with conditions prescribed by the donor; but no gift, grant, or donation shall be accepted if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law;

  2. To prepare, approve, and implement plans necessary as a prerequisite to the receipt offederal moneys or property under any act of congress for the use of the public schools of the state, except moneys granted or made available to another agency specifically designated;

  3. To require a school district to take a school census, from time to time, containingsuch items of information as determined by the state board, and to give reasonable notice to each school district before requiring the taking of a census;

  4. To appoint such advisory committees as may be beneficial to the improvement ofeducation in the state;

  5. To cooperate with other agencies either within or without the state for the improvement of education;

  6. To cause to be prepared or corrected any report required by law to be filed by aschool district at any time that a school district has failed to file such report when due or has filed a grossly inaccurate or incomplete report and to cause such school district to pay the cost of such preparation or correction;

  7. To enter into reciprocal agreements for the exchange of information relative to theissuance, denial, or revocation of teacher licenses or certificates with the legally constituted licensing or certificating agencies in other states;

  8. To enter into contracts with the state board for community colleges and occupationaleducation for the development and for the supervision of the administration and implementation of state plans for occupational education in the public elementary and secondary schools; (p) Repealed.

  1. To promulgate rules and regulations to define the types and amounts of costs inexcess of applicable revenues that a school district of residence of a child with a disability shall pay as tuition to educate that child elsewhere within Colorado at a facility, as defined by the department in its regulations, approved by the facility schools unit in the department pursuant to section 22-2-407, or at an administrative unit as defined in section 22-20-103 (1) other than the administrative unit of residence; however, a school district may pay a higher amount, as provided in section 22-20-109 (1);

  2. To take the actions necessary to comply with the requirements of section 24-1-136.5,C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans;

  3. To approve programs by nonpublic, nonparochial schools to provide educational services to students pursuant to section 22-33-203, and to approve services to be provided to atrisk students pursuant to agreements entered into pursuant to section 22-33-204; and

  4. To render a decision on the appeal of the state charter school institute's approval ordenial of an institute charter school application or the revocation or nonrenewal of an institute charter school contract pursuant to part 5 of article 30.5 of this title.

Source: L. 64: R&RE, p. 530, § 1. C.R.S. 1963: § 123-1-7. L. 67: p. 446, § 23. L. 83: (1)(p) and (1)(q) amended, p. 739, § 1, effective June 10. L. 87: (1)(q) amended, p. 826, § 1, effective May 16. L. 93: (1)(p) and (1)(q) amended, p. 1638, § 27, effective July 1. L. 94: (1)(r) added, p. 564, § 6, effective April 6. L. 96: (1)(g.5) added, p. 1798, § 16, effective June 4. L. 2000: (1)(s) added, p. 1972, § 14, effective June 2. L. 2004: (1)(g.5) amended, p. 1390, § 7, effective May 28; (1)(n) amended, p. 1283, § 12, effective May 28; (1)(g.5) amended, p. 1586, § 13, effective June 3; (1)(s) amended and (1)(t) added, p. 1617, § 2, effective July 1. L. 2008:

(1)(p) amended, p. 1382, § 4, effective May 27. L. 2009: (1)(g.5) repealed, (SB 09-163), ch. 293,

p. 1528, § 8, effective May 21; (1)(q) amended, (SB 09-292), ch. 369, p. 1951, § 41, effective August 5.

Editor's note: Subsection (1)(p)(II) provided for the repeal of subsection (1)(p), effective July 1, 2008. (See L. 2008, p. 1382.)


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