(1) When the use of textbooks is provided pursuant to section 22-32-110 (1)(o), whether free or by rental, a board of education of a school district may require each nonindigent pupil to make a reasonable loss or damage deposit to cover such textbooks. A board may also require each nonindigent pupil to make a reasonable loss or damage deposit to cover nonacademic equipment. All such deposits shall be refunded to the pupil when he or she has returned the textbooks or equipment in good condition except for ordinary wear.
(2) (a) A board may require a pupil to pay:
(I) Tuition as authorized by law;
(II) Any fees reasonably necessary for and reasonably related to the actual cost of textbooks or expendable supplies not provided free of charge;
(III) Charges and fees authorized by this section and section 22-32-118;
(IV) Miscellaneous fees collected on a voluntary basis as a condition of participation or attendance at a school-sponsored activity or program not within the academic portion of the educational program.
(b) Except as provided in paragraph (a) of this subsection (2), a board may not require a pupil who has not completed the twelfth grade to pay:
(I) Any fees as a condition of enrollment in school or as a condition of attendance in any course of study, instruction, or class;
(II) Any fees for any course of study, instruction, or class that satisfies the requirements of or transfers the skill, knowledge, or information necessary to meet the requirements of any such course taken for credit, promotion, or graduation.
(c) Any fee collected pursuant to the provisions of this subsection (2) shall be used for the purpose set forth in the resolution of the board authorizing the collection of such fee and shall not be expended for any other purpose. A complete list of fees, how the amount of each fee was derived, and the purpose of each fee shall be made available by the board upon request.
(3) Whenever a board or public school publicizes any information concerning any fee authorized to be collected pursuant to this section, the board or school shall clearly state whether the fee is voluntary or mandatory and shall specify any activity from which the student shall be excluded if the fee is not paid.
Source: L. 64: p. 587, 18. C.R.S. 1963: 123-30-18. L. 94: (2) amended, p. 804, 5, effective April 27. L. 95: (1) amended and (2) R&RE, p. 347, 3, 4, effective January 1, 1996. L. 97: (2)(c) amended and (3) added, p. 164, 1, effective March 28.
Cross references: For the legislative declaration contained in the 1995 act amending subsections (1) and (2), see section 1 of chapter 113, Session Laws of Colorado 1995.
Indigent cannot be required to pay certain fees and expenditures. Pacheco v. Sch. Dist. No. 11, 183 Colo. 270, 516 P.2d 629 (1973).
Applied in Marshall v. Sch. Dist. Re-3, 191 Colo. 451, 553 P.2d 784 (1976).