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22-30-106. School organization planning committee.

Statute text

(1) Upon determination that one or more of the conditions described in section 22-30-105 exist, the commissioner shall notify the boards of education and committees responsible for appointing members of a school organization planning committee as stated in this section and call for the appointment of such a committee. Such a committee shall be appointed and hold its first meeting within thirty days of notification by the commissioner.

(2) The committee shall consist of the following appointed members:

(a) (I) If multiple school districts are involved in the study, two members appointed by the board of education in each school district affected by the study and one member appointed by the school district accountability committee of each school district affected by the study. Such member shall be a parent of a child attending a public school in the affected area; except that, if there are no public schools in the affected area, the member shall reside in the affected area and be a parent of a child attending a public school in one of the affected school districts. If no such parent resides in the affected area, the member shall be a person owning land located in the affected area.

(II) If a single school district is involved in the study, four members appointed by the school district board of education and three members appointed by the school district accountability committee. The members appointed by the school district accountability committee shall be parents of children attending public school in the affected area and members of school accountability committees; except that, if there are no public schools in the affected area, three of the members shall reside in the affected area and shall be parents of children attending public schools in the affected school district. If fewer than three such parents reside in the affected area, the remaining members shall be persons owning land located in the affected area.

(b) If the school organization planning process was activated by a petition, two additional members appointed by the petition committee.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, where the reorganization of a school district arises from the detachment and annexation of a portion of a school district, which portion has five or fewer eligible electors, the school district boards of education of the affected school districts shall serve as the committee.

History

Source: L. 92: Entire article R&RE, p. 499, 1, effective June 1. L. 96: (2)(a) amended, p. 52, 2, effective July 1. L. 2002: (2)(a) amended, p. 1019, 28, effective June 1. L. 2009: (2)(a)(II) amended, (SB 09-163), ch. 293, p. 1533, 23, effective May 21.

Annotations

Editor's note: This section is similar to former 22-30-104 as it existed prior to 1992.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 22-30-106 is similar to 22-30-104 as it existed prior to the 1992 repeal and reenactment of this article, relevant cases construing that provision have been included in this section.

Section held constitutional. This section does not violate the constitution of the state of Colorado as an illegal delegation of legislative power to administrative officers or to individuals. Hazlet v. Gaunt, 126 Colo. 385, 250 P.2d 188 (1952); Sch. Dist. No. 1 v. Sch. Planning Comm., 164 Colo. 541, 437 P.2d 787 (1968).

The general assembly has the power to change school districts' boundaries. Whatever the nature of the change, the boundaries of school districts may be changed at the will of the general assembly. Hazlet v. Gaunt, 126 Colo. 385, 250 P.2d 188 (1952).

This power may be delegated to administrative bodies. Because few, if any, restrictions are placed upon the legislative power in school affairs by the constitution, the general assembly has almost unlimited power to abolish, divide or alter school districts, and it has been generally recognized that this broad discretionary power to change the boundaries of school districts may be delegated by the general assembly to administrative bodies to be exercised under certain conditions and in agreement with certain standards. Hazlet v. Gaunt, 126 Colo. 385, 250 P.2d 188 (1952).

Where a school planning committee conducts an election after public hearings and approval by the state commissioner of education, it carries out its legislatively assigned duties well within the framework of the statute. Sch. Dist. No. 1 v. Sch. Planning Comm., 164 Colo. 541, 437 P.2d 787 (1968).