22-30.5-101. Short title.

Statute text

This part 1 shall be known and may be cited as the "Charter Schools Act".

History

Source: L. 93: Entire article added, p. 1051, 1, effective June 3. L. 96: Entire section amended, p. 667, 3, effective May 2.

Annotations

 

ANNOTATION

Annotations

Charter Schools Act does not violate the equal protection clause of the United States Constitution. Because the act is facially neutral and does not implicate a fundamental right, the act must be reviewed under a rational relationship test. Colorado has a legitimate governmental interest in encouraging innovation in education and the act is rationally related to such an interest. Villanueva v. Carere, 873 F. Supp. 434 (D. Colo. 1994), aff'd, 85 F.3d 481 (10th Cir. 1996).

Charter schools established pursuant to this act are public entities and, thus, absent a Governmental Immunity Act immunity exception, entitled to immunity from liability in claims that lie in tort or could lie in tort. King v. U.S., 53 F. Supp. 2d 1056 (D. Colo. 1999).