(1) (a) There is hereby created by a type 1 transfer in the department of education a board of trustees for the Colorado school for the deaf and the blind. The board of trustees shall consist of seven members who are residents of Colorado, appointed by the governor with the consent of the senate. Of these seven members, at least one appointee shall be a blind person and at least one appointee shall be a deaf person. Beginning with the first appointment made on or after August 5, 2009, the governor shall ensure that, of the seven members of the board of trustees, at least one appointee is the parent of a child who is deaf or blind or both.
In making appointments pursuant to paragraph (a) of this subsection (1), the governor shall give due consideration to establishing and maintaining a geographical and urban and rural balance among the board members. No more than four of the seven members shall be members of the same political party. The commissioner of education or his or her designee shall serve as an ex officio nonvoting member of the board of trustees. The terms of office of the board of trustees shall be four years; except that, of the members initially appointed, four members shall serve four-year terms and three members shall serve two-year terms, as designated by the governor. The governor may remove any member for misconduct, incompetence, or neglect of duty and shall fill all vacancies that occur.
Repealed.
The board of trustees shall elect a chair annually from among its members. Membersof the board shall receive no compensation but are entitled to be reimbursed for necessary travel expenses incurred in the exercise of their official duties at the rate authorized for state employees. In addition, a member with sensory impairment is entitled to be reimbursed for reasonable expenses incurred in obtaining necessary assistance to fulfill his or her duties as a member of the board of trustees.
The board of trustees is authorized to promulgate rules pursuant to section 24-1-115
(8), C.R.S., to implement provisions of law relating to operation of the school.
In addition to any other powers granted by law to the board of trustees, the boardshall have the following powers:
To have and use a corporate seal;
To sue and be sued in its own name;
To incur debts, liabilities, and obligations, subject to any limitations imposed thereonpursuant to law;
To cooperate and contract with the state or federal government or an agency or instrumentality thereof and to apply for and receive grants or financial assistance from any of such entities;
To act on behalf of the state of Colorado pursuant to a statutory authorization;
To acquire, hold, lease, sell, or otherwise dispose of real or personal property or acommodity or service;
To do or perform an act authorized by this article by means of an agent or by contractwith a person, firm, or corporation;
To provide for the necessary expenses of the board of trustees in the exercise of itspowers and the performance of its duties and reimburse a board member for expenses as provided in subsection (2) of this section;
To determine eligibility of students and procedures for admission to the school;
To provide for the students of the school necessary bedding, food, and medical services and such other things as may be proper for the health and comfort of the students without cost to their parents;
To provide for the proper keeping of accounts and records and for budgeting offunds;
To act as a public entity for purposes of the "Colorado Governmental Immunity Act",article 10 of title 24, C.R.S.;
To set tuition and other fees for nonresidents of the state and to enter into contractsfor the admission of nonresident students into the school; and
To exercise any other powers that are essential to carrying out the provisions of thisarticle.
(5) (a) The board of trustees is authorized to receive gifts, grants, and donations from private or public sources 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. Gifts, grants, and donations received by the board of trustees may be transmitted to the state treasurer who shall credit the same to the Colorado school for the deaf and the blind trust fund created in paragraph (b) of this subsection
or may be transferred to a nonprofit entity described in section 24-1-107.5 (2)(a)(II)(F), C.R.S. The board of trustees may sell or convey by bill of sale, deed, or other legal instrument any property, real or personal, received as a gift, donation, or bequest, upon such terms and conditions as the board of trustees deems to be in the best interest of the school and its students.
The Colorado school for the deaf and the blind trust fund is hereby created, andreferred to in this subsection (5) as the "trust fund". The trust fund shall consist of moneys acquired from private sources and any moneys received by the school and deposited with the state treasurer prior to July 1, 2004, and any interest earned thereon. All income derived from the deposit and investment of moneys in the trust fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the trust fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.
The board of trustees is hereby authorized to expend such amounts from the trustfund as the board of trustees deems to be in the best interest of the school and its students.
Title to any gift, donation, or bequest received by the board of trustees on behalf ofthe school shall vest in the board of trustees. Title to all other property and other assets of the school shall vest in the state board of education, but the board of trustees shall have complete jurisdiction over the management of the school.
Notwithstanding section 24-1-136 (11)(a)(I), the board of trustees shall transmit, onor before January 1, 2005, and on or before January 1 of each year thereafter, a report to the education committees of the senate and house of representatives that contains the following:
All school performance report data for the school, as specified by the department ofeducation;
All training, mentoring, and professional development activities arranged for the school's teachers; and
Any parental education and parental involvement components in the school's program.
Source: L. 77: Entire article added, p. 1091, § 2, effective July 1. L. 97: Entire section amended, p. 1139, § 8, effective May 28. L. 2003: Entire section R&RE, p. 1579, § 4, effective July 1, 2004. L. 2009: (7)(a) amended, (SB 09-163), ch. 293, p. 1546, § 54, effective May 21; (1)(a) amended, (SB 09-090), ch. 291, p. 1441, § 8, effective August 5. L. 2017: IP(7) amended, (HB 17-1267), ch. 242, p. 998, § 20, effective August 9.
Editor's note: (1) Subsection (1)(c)(II) provided for the repeal of subsection (1)(c), effective January 1, 2005. (See L. 2003, p. 1579.)
(2) For a type 1 transfer referenced in subsection (1), see § 24-1-105.
Advisory board created - terms - compensation - repeal. (Repealed)
Source: L. 77: Entire article added, p. 1091, § 2, effective July 1. L. 86: (3) added, p. 412, § 19, effective March 26. L. 87: (2) amended, p. 906, § 12, effective June 15. L. 91: Entire section amended, p. 525, § 2, effective April 17; (3) repealed, p. 694, § 7, effective April 20. L. 2003: (1) and (2) amended and (4) added, p. 1581, § 5, effective July 1, 2004.
Editor's note: Subsection (4) provided for the repeal of this section, effective January 1, 2005. (See L. 2003, p. 1581.)
Superintendent and officers - appointment - compensation. (1) The board of trustees shall have charge of the general interests of the school and, pursuant to section 13 of article XII of the state constitution, shall set appropriate qualifications for a superintendent and shall appoint and fix the compensation of the superintendent.
(2) The superintendent and all teaching employees described in subsection (1) of this section shall be persons who are:
Competent educators of deaf children, blind children, or children with multiple disabilities or sensory impairments; and
Acquainted with school management and class instruction of deaf children, blindchildren, or children with multiple disabilities or sensory impairments.
(3) As part of the interview process for the superintendent, the board of trustees may involve deaf individuals and blind individuals to assist in the assessment of superintendent candidates.
Source: L. 77: Entire article added, p. 1091, § 2, effective July 1. L. 91: Entire section amended, p. 525, § 3, effective April 17. L. 96: Entire section amended, p. 1800, § 26, effective June 4. L. 2003: Entire section R&RE, p. 1582, § 6, effective July 1, 2004.