COCODE

22-32-110. Board of education - specific powers - definitions.

Statute text

(1) In addition to any other power granted to a board of education of a school district by law, each board of education of a school district has the following specific powers, to be exercised in its judgment:

(a) To take and hold in the name of the district so much real and personal property located within or outside the territorial limits of the district as may be reasonably necessary for any purpose authorized by law;

(b) To purchase on such terms, including but not limited to installment purchase plans, as the board sees fit and necessary or to lease or rent, with or without an option to purchase, undeveloped or improved real property located within or outside the territorial limits of the district or equipment on such terms as the board sees fit for use as school sites, buildings, or structures, or for any school purpose authorized by law; to determine the location of each school site, building, or structure; and to construct, erect, repair, alter, and remodel buildings and structures;

(d) To construct, purchase, or remodel teacherages for the employees, or any classification thereof, of the district;

(e) To sell and convey district property which may not be needed within the foreseeable future for any purpose authorized by law, upon such terms and conditions as it may approve; and to lease any such property, pending sale thereof, under an agreement of lease, with or without an option to purchase the same. No finding that the property may not be needed within the foreseeable future shall be necessary if the property is sold and conveyed to a state agency or political subdivision of this state or if the board anticipates that the district will become the tenant of the property under a lease, with or without an option to purchase. A board of education of a school district may only include, by title, covenant, deed, or otherwise, a use restriction on the sale, conveyance, or lease of any district property pursuant to this subsection (1)(e) that restricts the property from being used as a public or nonpublic school for any grade from preschool through the twelfth grade, after providing public notice of its intent to include such use restriction and after discussing the issue in public at a regularly scheduled meeting of the board of education.

(f) To rent or lease district property not needed for its purposes for terms not exceeding ten years, or in the case of unimproved real property leased to a lessee that is a charter school as defined in section 22-30.5-403 (3), for a term not exceeding thirty years, or in the case of a charter school using debt financing, for a term not exceeding the term of the debt financing, subject to all land use and building and zoning plans, codes, resolutions, and regulations, and to permit the use of district property by community organizations upon such terms and conditions as it may approve. No finding that the property is not needed for the district's purposes shall be necessary if the board anticipates that the district will become the subtenant of the property under a sublease, and under such circumstances the term of the lease may exceed ten years but may not exceed fifty years. A board of education of a school district may only include, in a lease or otherwise, a use restriction on the rental or lease of any district property pursuant to this subsection (1)(f) that restricts the property from being used as a public or nonpublic school for any grade from preschool through the twelfth grade, after providing public notice of its intent to include such use restriction and after discussing the issue in public at a regularly scheduled meeting of the board of education.

(f.5) Subject to prior approval by the commissioner of education as provided in section 22-2-112 (5), to lease district property to a state institution of higher education for use by the institution for a term agreed to by the district and the institution. In addition to or in lieu of monetary lease payments, the board of education may agree to receive in-kind services provided by the institution to the district or its employees or graduates who reside within Colorado, such as reduced tuition rates and scholarships for the school district's employees or graduates who reside within Colorado. If the school district receives in-kind services as provided in this paragraph (f.5), the dollar value of the in-kind services that the school district receives must equal the dollar amount of the lease payment for which the in-kind service is substituted. No later than December 31, 2018, and no later than December 31 every three years thereafter, the school district shall submit to the education committees of the house of representatives and the senate, or any successor committees, a report specifying the amount of bonded indebtedness incurred to build a building that is leased to an institution of higher education as provided in this paragraph (f.5), an accounting of the value of any in-kind services received, and the impact on the school district as a result of the lease.

(g) To employ a chief executive officer to administer the affairs and the programs of the district, pursuant to a contract;

(h) To discharge or otherwise terminate the employment of any personnel. A board of a district of innovation, as defined in section 22-32.5-103 (2), may delegate the power specified in this paragraph (h) 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).

(i) To reimburse employees of the district for expenses incurred in the performance of their duties either within or without the territorial limits of the district;

(j) To procure group life, health, or accident insurance covering employees of the district pursuant to section 10-7-203, C.R.S.;

(k) (I) To adopt written policies, rules, and regulations, not inconsistent with law, that may relate to the efficiency, in-service training, professional growth, safety, official conduct, and welfare of the employees, or any classification thereof, of the district. The practices of employment, promotion, and dismissal shall be unaffected by the employee's religion, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, racial or ethnic background, national origin, ancestry, or participation in community affairs.

(II) As used in this subsection (1)(k):

(A) "Protective hairstyle" includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.

(B) "Racial or ethnic background" includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.

(l) To determine which schools of the district shall be operated and maintained;

(m) To fix the attendance boundaries of each school in the district;

(n) To provide for the necessary expenses of the board in the exercise of its powers and the performance of its duties; to maintain membership in established school board organizations; and to reimburse a board member for necessary expenses incurred by him in the performance of his official duties, whether within or without the territorial limits of the district;

(o) To provide textbooks to all school-age pupils enrolled in the public schools. The use of such textbooks may be provided free of charge or for a reasonable rental fee for the use of some or all of the textbooks. The rental fee shall be based solely on the purchase price and normal life expectancy of each book rented.

(p) To require pupils enrolled in the public schools of the district to possess suitable supplies;

(q) To procure supplies and equipment required to carry on the musical, dramatic, athletic, and equivalent programs of the district;

(r) To exclude from each school and school library any books, magazines, papers, or other publications which, in the judgment of the board, are of immoral or pernicious nature;

(s) To procure such insurance coverage on the building, structures, and equipment owned by the district, or in which the district has an insurable interest, as may, in the judgment of the board, be adequate from time to time;

(t) To procure such casualty insurance coverage on the personal property owned by the district, or in which the district has an insurable interest, as may, in the judgment of the board, be adequate from time to time;

(u) To procure public liability insurance covering the school district and the directors and employees thereof;

(v) To procure liability and property damage insurance on school vehicles, as defined in section 42-1-102 (88.5), C.R.S., and to procure accident insurance covering the medical expenses incurred by any pupil who is injured while being furnished transportation by the school district pursuant to section 22-32-113, including injury received in the course of entering or alighting from any school vehicle or other means of transportation furnished by the school district;

(w) To contract for the transportation of pupils enrolled in the public schools of the district and to require any such contractor operating a bus or motor vehicle for such purpose to procure liability and property damage insurance on such bus or motor vehicle and pay all premiums for such insurance, without the right of contribution from the school district to the insurer;

(x) To elect to have moneys belonging to the school district withdrawn from the custody of the county treasurer and paid over to the treasurer of the board in the manner provided by law;

(y) To accept gifts, donations, or grants of any kind made to the district and to expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; but no gift, donation, or grant shall be accepted by the board if subject to any condition contrary to law;

(z) To cause a census to be taken of all persons resident within the district who have not attained the age of twenty-one years, or any age group thereof, whenever determined by the board, notwithstanding any census theretofore or thereafter required to be taken by the state board of education;

(aa) To authorize the use of facsimile signatures on teacher contracts, bonds, and bond coupons by appropriate resolution;

(bb) Repealed.

(cc) To provide, in the discretion of the local board, out of federal grants made available specifically for this purpose, special educational services and arrangements, such as dual enrollment, educational radio and television, and mobile educational services, for the benefit of educationally deprived children in the district who attend nonpublic schools, without the requirement of full-time public school attendance and without discrimination on the ground of race, color, religion, sex, or national origin;

(dd) To provide, in the discretion of the local board, out of federal grants made available specifically for this purpose, library resources which, for the purposes of this title, means books, periodicals, documents, magnetic tapes, films, phonograph records, and other related library materials and printed and published instructional materials for the use and benefit of all children in the district and the use of teachers to benefit all children in the district, both in the public and nonpublic schools, without charge and without discrimination on the ground of race, color, religion, sex, or national origin;

(ee) To employ on a voluntary or paid basis teachers' aides and other auxiliary, nonlicensed personnel to assist licensed personnel in the provision of services related to instruction or supervision of children and to provide compensation for such services rendered from any funds available for such purpose, notwithstanding the provisions of sections 22-63-201 and 22-63-402;

(ff) and (gg) Repealed.

(hh) To enter into installment purchase contracts or shared-savings contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.;

(ii) To enter into contracts and to receive federal matching funds for moneys spent in providing student health services pursuant to section 25.5-5-301 (6) or 25.5-5-318, C.R.S.;

(jj) To require the payment of any fine or fee assessed pursuant to law, the return or replacement of textbooks or library resources, or the return or replacement of other school property. A school district shall not withhold, and shall ensure that a school of the school district does not withhold, records required for enrollment in another school or institution of higher education or the diploma, transcript, or grades of any student who fails to pay any assessed fine or fee, to return or replace textbooks or library resources, or to return or replace any school property at the completion of any semester or school year. The school district shall make a reasonable effort to obtain payment of any assessed fine or fee, payment for lost or damaged textbooks or library resources, and payment for lost or damaged school property. If the school district determines that a student is unable to pay, the school district may obtain payment through other methods, including but not limited to payment plans or service within the school in which the student is enrolled. Nothing in this subsection (1)(jj) limits the authority of a school district to collect debt.

(kk) To authorize the use of electronic records or signatures and adopt rules, standards, policies, and procedures for use of electronic records or signatures pursuant to article 71.3 of title 24, C.R.S.;

(ll) (I) Repealed.

(II) (Deleted by amendment, L. 2005, p. 433, 5, effective April 29, 2005.)

(mm) To adopt a resolution, as provided in section 13-1-127 (7), C.R.S., authorizing one or more employees of the school district to represent the school district in judicial proceedings brought to enforce the "School Attendance Law of 1963", article 33 of this title.

(2) to (4) Repealed.

(5) No board of education shall enter into an agreement with any group, association, or organization representing employees of the district which commits revenues raised or received pursuant to article 54 of this title for a period of time in excess of one year unless such agreement includes a provision which allows for the reopening of the portion of the agreement relating to salaries and benefits.

History

Source: L. 64: p. 579, 10. C.R.S. 1963: 123-30-10. L. 65: p. 1023, 1. L. 69: p. 1032, 1. L. 71: p. 1163, 1. L. 73: pp. 1274, 1275, 1279, 2, 1, 1. L. 77: (1)(b) amended, p. 1050, 1, effective June 10; (1)(cc) and (1)(dd) amended, p. 1053, effective July 1. L. 79: (1)(a) and (1)(b) amended, p. 782, 2, effective June 7. L. 83: (1)(b), (1)(e), and (1)(f) amended, p. 749, 1, 2, effective July 1; (1)(f) amended, p. 754, 1, effective July 1. L. 84: (1)(bb) amended, p. 582, 2, effective March 19; (2) to (4) added, p. 597, 1, effective April 5. L. 89: (5) added, p. 965, 12, effective June 7. L. 90: (1)(ff) and (1)(gg) added, p. 1456, 3, effective April 24; (1)(ee) amended, p. 1130, 5, effective July 1; (2) and (4) amended, p. 1031, 20, effective July 1. L. 91: (4)(a) amended and (4)(c) added, p. 529, 1, effective April 20; (1)(hh) added, p. 732, 2, effective May 1. L. 93: (2) and (3) amended and (3.5) added, p. 449, 1, effective July 1. L. 94: (1)(ff), (1)(gg), and (5) amended, pp. 808, 813, 14, 26, effective April 27; (1)(ee) amended, p. 1633, 39, effective May 31; (1)(ff) and (1)(gg) amended, p. 2831, 1, effective January 1, 1995. L. 95: (1)(o) amended, p. 346, 2, effective January 1, 1996. L. 97: (1)(ii) added, p. 1139, 7, effective May 28; (3.5)(b) repealed, p. 461, 8, effective August 6. L. 98: (2)(b)(V) amended, p. 572, 6, effective April 30; (2)(b)(IV) amended, p. 823, 32, effective August 5. L. 99: (1)(jj) added, p. 291, 1, effective April 14; (1)(kk) added, p. 1347, 5, effective July 1. L. 2000:(3.5)(a) amended, p. 369, 21, effective April 10; (2), (3), (3.5), and (4) repealed, p. 1963, 4, effective June 2; (1)(ee) and IP(4)(b) amended, p. 1857, 59, effective August 2. L. 2001: (1)(ll) added, p. 560, 2, effective May 29. L. 2002: (1)(kk) amended, p. 858, 6, effective May 30; (1)(ff) and (1)(gg) amended, p. 1118, 1, effective June 3; (1)(f) amended, p. 1767, 35, effective June 7. L. 2003: (1)(jj) amended, p. 1634, 1, effective May 2; (1)(ff)(III) and (1)(gg)(III) added, p. 2137, 35, 36, effective May 22. L. 2005: (1)(ll) amended, p. 433, 5, effective April 29. L. 2006: (1)(ll)(I) repealed, p. 696, 40, effective April 28; (1)(ii) amended, p. 2006, 64, effective July 1. L. 2007: (1)(mm) added, p. 165, 3, effective March 22; (1)(ff)(I) and (1)(gg)(I) amended, p. 348, 3, effective August 3. L. 2008: (1)(h) amended, p. 1431, 3, effective May 28; (1)(k) amended, p. 1601, 24, effective May 29. L. 2010: (1)(v) amended, (HB 10-1232), ch. 163, p. 570, 5, effective April 28; (1)(ff) and (1)(gg) repealed, (HB 10-1013), ch. 399, p. 1896, 3, effective June 10; (1)(bb) repealed, (HB 10-1171), ch. 401, p. 1935, 5, effective August 11. L. 2016: (1)(f.5) added, (SB 16-209), ch. 235, p. 949, 1, effective August 10. L. 2017: (1)(jj) amended, (HB 17-1301), ch. 201, p. 745, 1, effective August 9. L. 2019: (1)(e) and (1)(f) amended, (HB 19-1100), ch. 36, p. 118, 2, effective August 2. L. 2020: IP(1) and (1)(k) amended, (HB 20-1048), ch. 8, p. 18, 7, effective September 14. L. 2021: (1)(k)(I) amended, (HB 21-1108), ch. 156, p. 893, 25, effective September 7.

Annotations

Editor's note: Subsection (3.5)(a) was amended by Senate Bill 00-186 with a conforming amendment that will not take effect because of the repeal of the provision by Senate Bill 00-133.

Annotations

Cross references: (1) For the legislative declaration contained in the 1995 act amending subsection (1)(o), see section 1 of chapter 113, Session Laws of Colorado 1995. For the legislative declaration contained in the 2001 act enacting subsection (1)(ll), see section 1 of chapter 174, Session Laws of Colorado 2001. For the legislative declaration contained in the 2008 act amending subsection (1)(k), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in HB 19-1100, see section 1 of chapter 36, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.

(2) 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.

Annotations

ANNOTATION

Annotations

Analysis

I. General Consideration.
II. Maintenance of Schools.
III. Expenditures.
IV. Employment of Personnel.
V. Textbooks.

I. GENERAL CONSIDERATION.

Law reviews. For note, "Power of School Boards to Discontinue Schools", see 5 Rocky Mt. L. Rev. 210 (1933). For comment, "Cary v. Board of Education: Academic Freedom at the High School Level", see 57 Den. L.J. 197 (1980).

Annotator's note. Since 22-32-110 is similar to repealed 123-10-21, CRS 53, as amended, 123-10-21, CRS 53, and CSA, C. 146, 89, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.

This section is only declaratory of the constitutional powers of the board of education, to which the general assembly could not add, nor from which it could not subtract. People ex rel. Vallimar v. Stanley, 81 Colo. 276, 255 P. 610 (1927).

The court-made doctrine of governmental immunity of school districts is overruled. As to all other causes of action the ruling shall be prospective and shall be effective only as to causes of action arising after June 30, 1972. Flournoy v. Sch. Dist. No. 1, 174 Colo. 110, 482 P.2d 966 (1971).

Board members held not liable when acting within discretion and in good faith. Where members of board of education turned over bonds to a bond company that failed to make payment, they are not liable since the duty, whether a trust duty, or otherwise, is still a public, governmental, duty to be performed within the discretion of the board, in good faith, as an agency of the state, and when so acting it did so in a purely political or sovereign capacity. Lemon v. Girardot, 100 Colo. 45, 65 P.2d 1427 (1937).

The title to district property is in the district, and its board of education holds the property and administers it for the benefit of the district. Gorrell v. Bevans, 66 Colo. 67, 179 P. 337 (1919).

No authority to condemn extraterritorial property. Although the authority to condemn extraterritorial property may be implied in an express grant of power, no such implication arises where the general assembly has specifically prohibited a school district from condemning extraterritorial property. Clear Creek Sch. Dist. RE-1 v. Holmes, 628 P.2d 154 (Colo. App. 1981).

For previous power of board of education to admit transfer students from other districts, see Sch. Dist. No. 16 v. Union High Sch. No. 1, 60 Colo. 292, 152 P. 1149 (1915); Duncan v. People ex rel. Moser, 89 Colo. 149, 299 P. 1060 (1931); Simonson v. Sch. Dist. No. 14, 127 Colo. 575, 258 P.2d 1128 (1953).

Administrative hearing officer did not err in declining to make findings as to petitioner's asserted defense under this section in teacher disciplinary proceeding where there were no allegations that teacher was acting to discipline any of the students involved in the proceeding. Knowles v. Bd. of Educ., 857 P.2d 553 (Colo. App. 1993).

Subsection (5) does not encompass contract provisions concerning negotiations upon mutual consent because all contracts may be reopened upon mutual consent. Denver Classroom Teachers Ass'n v. Sch. Dist. No. 1, 911 P.2d 690 (Colo. App. 1995).

In order to further the legislative intent behind subsection (5), contractual provisions allowing for annual negotiations must do more than simply provide for the reopening of negotiations during some agreed upon period each year. Rather, the negotiation provision must have the flexibility to allow for adjustments in the agreement based on "changes in the funds available to, or needs of, the district." These "changes" are those produced by the budget adoption process at the state and local level, which process is, generally, outside of the control of either party to these kinds of collective bargaining agreements. DAEOP v. Sch. Dist. No. 1, 972 P.2d 1047 (Colo. App. 1998).

A restriction on the requirements necessary to satisfy subsection (5) is inconsistent with the legislative intent of the statutory scheme regarding school financing, to wit: to ensure that the state and the individual school districts maintain fiscal integrity and that they, in effect, not write a check in one year that they cannot cash in a subsequent year. Consequently, contractual negotiation provisions which do not provide the flexibility envisioned by the general assembly, with respect to compensation and benefits, fail to promote the object of the law and, therefore, do not satisfy subsection (5). DAEOP v. Sch. Dist. No. 1, 972 P.2d 1047 (Colo. App. 1998).

A provision requiring school district to initiate negotiations regarding salaries and benefits before being apprised of any changes in its available funds cannot comply with the requirements of subsection (5). However, language specifying that the agreement will be subject to negotiation as to compensation and benefits if changes are the result of a "legal budget adoption process" is consistent with the school finance act. DAEOP v. Sch. Dist. No. 1, 972 P.2d 1047 (Colo. App. 1998).

Based upon relevant statutes respecting school district budgeting and matters of salaries, wages, and benefits, any provision of a multi-year collective bargaining agreement is void as against public policy and, therefore, unenforceable, if it limits any party to such agreement from requesting in good faith to reopen negotiations concerning issues of compensation and benefits within a reasonable period after that party becomes aware of the need therefor as a consequence of the legal budget adoption process at either the state or local level. However, the limitations set forth in such provisions remain enforceable as to issues subject to negotiation other than compensation and benefits. DAEOP v. Sch. Dist. No. 1, 972 P.2d 1047 (Colo. App. 1998).

Here, school district's initiation of negotiations regarding salaries was permissible pursuant to the language of the collective bargaining agreement read in pari materia with relevant statutes. In refusing the school district's reasonable request to reopen negotiations, DAEOP waived its right to negotiate, and must abide by school district's determination of salaries for the 1993-94 school year. DAEOP v. Sch. Dist. No. 1, 972 P.2d 1047 (Colo. App. 1998).

Subsection (5) does not create an illusory class of one and does have a rational basis under the state constitution, article V, section 25. Denver Classroom Teachers Ass'n v. Sch. Dist. No. 1, 911 P.2d 690 (Colo. App. 1995).

Applied in Mtn. States Legal Found. v. Denver Sch. Dist. No. 1, 459 F. Supp. 357 (D. Colo. 1978); Blair v. Lovett, 196 Colo. 118, 582 P.2d 668 (1978); Williams v. East Otero Sch. Dist. R-1, 749 P.2d 472 (Colo. App. 1987).

II. MAINTENANCE OF SCHOOLS.

The board of education of a school district is clothed with the "power" and is charged with the "duty" to determine just which schools shall be maintained and operated within the district. Hawkins v. Cline, 161 Colo. 141, 420 P.2d 400 (1966).

Approval of residents of a district is unnecessary. Before closing a school the board need not obtain or even seek to obtain the approval of the residents of the "old" school district, notwithstanding any reference thereto in the plan of organization. Hawkins v. Cline, 161 Colo. 141, 420 P.2d 400 (1966).

III. EXPENDITURES.

No power to make expenditures relating to proposed constitutional amendment. This section does not empower a board of education of a school board to make expenditures in support of the opposition to a proposed constitutional amendment. Campbell v. Joint Dist. 28-J, 704 F.2d 501 (10th Cir. 1983).

School district may charge to broadcast its athletic events. There is no reason why a school district, even though supported by public tax funds, should not charge reasonable fees to broadcast any or all of its athletic events. Colo. High Sch. Activities Ass'n v. Uncompahgre Broad. Co., 134 Colo. 131, 300 P.2d 968 (1956).

Broadcasting fee must be used for educational purpose. It makes no difference how a fee charged by a school district to broadcast athletic events is computed nor is it of any concern how a district may dispose of such a fee once collected so long as the money is spent for a legitimate public educational purpose. Colo. High Sch. Activities Ass'n v. Uncompahgre Broad. Co., 134 Colo. 131, 300 P.2d 968 (1956).

Plaintiffs held to lack standing to enjoin school district from honoring contracts and charging fees to broadcast athletic events. Colo. High Sch. Activities Ass'n v. Uncompahgre Broad. Co., 134 Colo. 131, 300 P.2d 968 (1956).

Declaratory judgments or actions in the nature of quo warranto are the approved methods of challenging the expenditure of public school funds. Colo. High Sch. Activities Ass'n v. Uncompahgre Broad. Co., 134 Colo. 131, 300 P.2d 968 (1956).

IV. EMPLOYMENT OF PERSONNEL.

Subsection (1)(h) does not constitute a grant of absolute authority to boards of education. The authority granted is subject to, and must be exercised in accordance with, the more specific statutes respecting teacher terminations, including the later-adopted amendments to 22-63-302. Heimer v. Bd. of Educ., Adams County, 895 P.2d 152 (Colo. App. 1994), rev'd on other grounds, 919 P.2d 786 (Colo. 1996).

School boards are not required to adopt employment termination procedures, but, if they choose to do so, the promulgation of such procedures constitutes an authorized exercise of the powers granted to school boards. Adams Cty. Sch. Dist. No. 50 v. Dickey, 791 P.2d 688 (Colo. 1990).

Employee handbook. Where a school has withdrawn an employee handbook, the ability of employees discharged in violation of the handbook while the handbook was in force is not affected. Adams Cty. Sch. Dist. No. 50 v. Dickey, 791 P.2d 688 (Colo. 1990).

Board could be found to have delegated its authority by relying "heavily" on administrators' personnel recommendations and by failing adequately to investigate teacher's allegation that principal's negative recommendation was based on principal's motive to retaliate against teacher for constitutionally protected conduct. Watson v. Eagle County Sch. District RE-50, 797 P.2d 768 (Colo. App. 1990).

School boards cannot delegate power to make decisions relative to employment, retention, or dismissal of teachers. Willis v. Widefield Sch. Dist. No. 3, 43 Colo. App. 197, 603 P.2d 962 (1979).

Consideration of administrative evaluation not unlawful delegation. Merely because a school board considers evaluations made by administrative personnel as one factor in determining whether to renew the contracts of nontenured teachers, this is not an unlawful delegation of power pertinent to employment, as the ultimate decision remains with the board. Willis v. Widefield Sch. Dist. No. 3, 43 Colo. App. 197, 603 P.2d 962 (1979).

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).

Board did not improperly delegate authority by entering collective bargaining agreement. Language of a collective bargaining agreement between a school district and a teachers' association which provides that the district give prior consideration to currently employed teachers within the district applying for openings within the district was, in effect, a statement of policy to be followed by the board when filling vacancies or staffing new schools, and since the board was not bound or obligated by the terms of the agreement, it did not surrender or delegate its authority or decision-making power to the teachers' association. Rockey v. Sch. Dist. No. 11, 32 Colo. App. 203, 508 P.2d 796 (1973).

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).

Subsection (4)(c) creates an exception to the general rule stated in 22-63-203 granting school boards discretion in not renewing probationary teachers' contracts. While a school board has great discretion in choosing whether to renew a probationary teacher's contract, subsection (4)(c) prohibits the school board from basing its renewal decision on any actions taken by the probationary teacher in good faith and in compliance with the school district's discipline code. McIntosh v. Bd. of Educ. of Sch. Dist. No. 1, 999 P.2d 224 (Colo. App. 2000).

Trial court erred in determining de novo the facts underlying a dismissal decision. The immunity granted school district employees in subsection (4)(c) does not divest a school board of its discretion to determine whether an employee's conduct was in good faith and in compliance with the school district's disciplinary code and so whether it warrants dismissal. Widder v. Durango Sch. Dist. No. 9-R, 60 P.3d 741 (Colo. App. 2002) (decided under law in effect prior to the 2000 repeal and relocation to 22-32-109.1), aff'd in part and rev'd in part on other grounds, 85 P.3d 518 (Colo. 2004).

Plaintiff not entitled to mandamus relief. Absent circumstances indicating that an employee was not provided an opportunity for an evidentiary hearing regarding termination, the more appropriate procedure is to seek review of the board's decision to terminate pursuant to C.R.C.P. 106(a)(4). Widder v. Durango Sch. Dist. No. 9-R, 60 P.3d 741 (Colo. App. 2002) (decided under law in effect prior to the 2000 repeal and relocation to 22-32-109.1), aff'd, 85 P.3d 518 (Colo. 2004).

V. TEXTBOOKS.

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).

There would be no need for the discretionary authority of the board of education to provide free use of textbooks if the constitution contained a mandate for school districts to furnish books free to all students. Marshall v. Sch. Dist. Re-3, 191 Colo. 451, 553 P.2d 784 (1976).