School board authority in Colorado

• Education policy portal
• Featured content and analysis
  • School choice in the United States
  • School choice glossary
  • Donald Trump's executive orders on education, 2025
  • State policies on cellphone use in K-12 public schools
  • Trends in curriculum development
  • Local school board authority across the 50 states

Colorado state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Colorado law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS

Colorado school boards are required by law to provide free textbooks to students who cannot afford them.

Sexual education is not required curriculum in Colorado, but if a school chooses to cover sex ed content, parental notification is required.

Colorado school boards have the authority to remove material from school libraries if the material is decided to be immoral or pernicious.

Types of legal and contractual constraints on school board authority

See also: Local school board authority across the 50 states

This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

• State laws commonly restrict or mandate school board policies on certain topics.
  • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
• State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
• Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
• The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
• Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
• State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

This page features the following sections:

• Colorado law on school boards' authority over district policy. This section features the statutes in Colorado law that establish, enable, or define local school district boards.
• Constraints on Colorado school boards' authority. This section provides an overview of constraints on the school boards' authority in Colorado. It contains information on the constraints by the following topics:
  • Curriculum requirements
  • Curriculum restrictions
  • Book bans, removals, and restrictions
  • Parental notification
  • Discipline
  • School board elections
  • Public school choice and open enrollment
  • Charter schools
  • Cellphone bans
• Collective bargaining agreements
• Parents' bill of rights
• How does Colorado compare to other states?
• Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Colorado.

School board authority over district policy in Colorado

Enabling or authorizing statute for the boards of school districts in Colorado

See also: Enabling statute

Colorado Constitution Article IX, Section 15 creates school district boards and gives them authority to operate according to state law:

“ Section 15. School districts - board of education. The general assembly shall, by law, provide for organization of school districts of convenient size, in each of which shall be established a board of education, to consist of three or more directors to be elected by the qualified electors of the district. Said directors shall have control of instruction in the public schools of their respective districts. ”

Colorado school boards' powers and duties

Colorado public school boards of directors are given over 40 specific duties or powers to administer the public schools in the Colorado. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:

• setting curriculum,
• determining the educational programs that schools within the district will provide and what textbooks they will use for those programs,
• providing free textbooks to students who cannot afford them,
• adopting non-discrimination and open enrollment policies,
• adopting a policy that prohibits school personnel from requiring or recommending the use of psychotropic drugs for any student, and
• creating dress codes for teachers and other school employees.

The list of powers and duties school district boards are charged with appears in Colorado Revised Statutes § 22-32-109 and § 22-2-406:

“ CO Rev Stat § 22-32-109 (1) In addition to any other duty required to be performed by law, each board of education has the following specific duties: (a) To adopt written bylaws, not inconsistent with law, for its organization and operation; (b) To adopt policies and prescribe rules and regulations necessary and proper for the efficient administration of the affairs of the district, including procedures for competitive bidding in the purchase of goods and services, except professional services, for the district; (c) To cause a true and correct copy of all current bylaws, policies, and rules and regulations adopted or prescribed by the board to be made available for public inspection at the administrative office of the district during reasonable business hours; (d) To cause to be filed with the department of education the name, address, and length of term of office of each school director;  and the name, address, identification of office, and date of election or appointment of the president, vice-president, secretary, and treasurer, and of the assistant secretary and assistant treasurer if there are such offices; (e) To cause minutes of all proceedings of the board, except those of an executive session, to be recorded in convenient form, which record shall be open for public inspection at the administrative office of the district during reasonable business hours; (f)(I) To employ all personnel required to maintain the operations and carry out the educational program of the district and to fix and order paid their compensation. Prior to the employment of any person, the board shall make an inquiry to the department of education in accordance with the provisions of section 22-32-109.7(1). A board of a district of innovation, as defined in section 22-32.5-103(2), may delegate the duty specified in this paragraph (f) 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). (II) Repealed by Laws 2003, Ch. 344, § 1, eff. July 1, 2005. (III) Repealed by Laws 2002, Ch. 68, § 1, eff. July 1, 2005. (g) To require any employee or other person who may receive into his custody moneys which properly belong to the district to deliver such moneys to the treasurer of the district, or to deposit such moneys in a depository designated by the board; (h) To require each employee who is likely to have in his or her temporary custody at any one time an amount of school district moneys in excess of fifty dollars to be bonded in an amount at least sufficient to cover the amount of school district moneys which is likely to be in his or her temporary custody at any time, or to be bonded in such greater amount as the board may determine. A blanket form of surety bond may be utilized to cover more than one such employee. The district shall pay the costs for any such bonds. In lieu of the bonds required by this paragraph (h), the district may purchase crime insurance coverage to protect the district from any malfeasance on the part of such employee. (i) To cause to be kept complete and accurate financial records of the school district by funds and accounts, maintained on the basis of generally recognized principles of governmental accounting; (j) To cause to be kept the stubs of, or a register of, all warrants or orders drawn upon school district moneys in the various funds, showing the number of each warrant or order, the date issued, the object or purpose for which drawn, the amount and to whom payable, or, in lieu thereof, similar records as normally provided in accounting procedures through the use of automatic processing; (k) To cause a statement of the financial condition of the district to be published and posted as required by law, to cause all accounts to be audited as required by law, and to review from time to time during each fiscal year the financial position of the district; (l) To cause all statements of account and all canceled warrants and orders to be kept on file for six years; (m) To cause such records as relate to the affairs or business of the district to be preserved and disposed of only in the manner provided by law; (n)(I) To determine, prior to the end of a school year, the length of time which the schools of the district shall be in session during the next following school year, but in no event shall said schools be scheduled to have fewer than one thousand eighty hours of planned teacher-pupil instruction and teacher-pupil contact during the school year for secondary school pupils in high school, middle school, or junior high school or less than nine hundred ninety hours of such instruction and contact for elementary school pupils or fewer than four hundred fifty hours of such instruction for a half-day kindergarten program or fewer than nine hundred hours of such instruction for a full-day kindergarten program. In no case shall a school be in session for fewer than one hundred sixty days without the specific prior approval of the commissioner of education. In extraordinary circumstances, if it appears to the satisfaction of the commissioner that compliance with the provisions of this subparagraph (I) would require the scheduling of hours of instruction and contact at a time when pupil attendance will be low and the benefits to pupils of holding such hours of instruction will be minimal in relation to the cost thereof, the commissioner may waive the provisions of this subparagraph (I) upon application therefor by the board of education of the district. (II)(A) The actual hours of teacher-pupil instruction and teacher-pupil contact specified in subparagraph (I) of this paragraph (n) may be reduced to no fewer than one thousand fifty-six hours for secondary school pupils, no fewer than nine hundred sixty-eight hours for elementary school pupils, no fewer than four hundred thirty-five hours for half-day kindergarten pupils, or no fewer than eight hundred seventy hours for full-day kindergarten pupils, for parent-teacher conferences, staff in-service programs, and closing deemed by the board to be necessary for the health, safety, or welfare of students. (B) Prior to the beginning of the school year, each district shall provide for the adoption of a district calendar which is applicable to all schools within the district or shall provide for the adoption of a school calendar for each individual school within the district. The district calendar or individual school calendars may be adopted by the board of education, the district administration, the school administration, or any combination thereof. A copy of the calendar shall be provided to the parents or guardians of all children enrolled in schools within the district. Such calendar shall include the dates for all staff in-service programs scheduled for the school year. The board, district administration, or school administration shall allow for public input from parents and teachers prior to scheduling the dates for staff in-service programs. Any change in the calendar, excluding changes resulting from emergency closings or other unforeseen circumstances, shall be preceded by adequate and timely notice from the board, district administration, or school administration of not less than thirty days. (o) When so directed by the state board of education, but no more often than once during any twelve-month period, to cause a census of all persons resident within the district who have not attained the age of twenty-one years, or any age group thereof, to be taken on a prescribed date, upon such forms as shall be supplied by the state board; (p) To appoint an attendance officer as required by the “School Attendance Law of 1963”, article 33 of this title; (q) To cause to be prepared, executed, and filed with the state board of education any report required by law or by regulation; (r) To comply with the rules and regulations adopted by the state board of education pursuant to article 4 of title 24, C.R.S.; (s) To cause to be erected and maintained a suitable flagstaff with the attachments necessary for the display of flags upon the administration building or, if none, on the principal school building or the grounds thereof and to cause suitable flags of standard bunting, not less than three by five feet in size, of the United States and the state of Colorado to be displayed upon said flagstaff at all times during the day while school is in session, except during inclement weather; (t) To determine the educational programs to be carried on in the schools of the district and to prescribe the textbooks for any course of instruction or study in such programs; (u) To provide free textbooks for an indigent child enrolled in a school of the district without requiring a loss or damage deposit, and to insure that no child is denied the use of textbooks because of refusal of his parents to pay for the same; (v) To cause an educational program to be maintained and operated within or, if the board makes a specific determination that such is necessary for the efficient operation of the district, outside the territorial limits of the district for the school-age children resident therein;  but nothing in this paragraph (v) shall be construed in a manner to prohibit the maintenance of ungraded levels of instruction therein; (w) Repealed by Laws 2000, Ch. 374, § 3, eff. June 2, 2000. (x) Repealed by Laws 2000, Ch. 374, § 3, eff. June 2, 2000. (y)(I) To adopt written bylaws relating to conflicts of interest for members of a board of education of a school district. (II) Upon filing a copy of the adopted written bylaws with the department of education and upon acknowledgment of receipt thereof by the department, a board shall be considered to be exempt from the requirements of section 18-8-308(1) and (2), C.R.S. A board member not voting because of a disclosed conflict shall be exempt from the provisions of section 22-32-108(6). (III) The commissioner of education shall, in writing, notify the secretary of state of the exemption. (z) To provide for a periodic in-service program for all district teachers which shall provide information about the “Child Protection Act of 1987”, part 3 of article 3 of title 19, C.R.S., instruction designed to assist teachers in recognizing child abuse or neglect, and instruction designed to provide teachers with information on how to report suspected incidents of child abuse or neglect and how to assist the child-victim and his family; (aa) To adopt and implement preschool through elementary and secondary education standards as required in part 10 of article 7 of this title; (bb)(I) To adopt a policy mandating a prohibition against the use of all tobacco products on school property and at school-sponsored activities by students, teachers, staff, and visitors pursuant to the provisions of section 25-14-103.5, C.R.S., and to adopt such rules as are necessary to enforce such prohibition;  except that no such policy shall require the expulsion of any student solely for such tobacco use; (II) To the extent funds are available, to operate and maintain an educational program to assist students, faculty, and staff to avoid and discontinue the use of tobacco at each school under the board's direction and control; (cc) To adopt a dress code policy for teachers and other school employees; (dd) To adopt and revise, as necessary, policies to remove barriers to access and success in school for homeless children; (ee) To adopt a policy to prohibit school personnel from recommending or requiring the use of a psychotropic drug for any student. School personnel shall not test or require a test for a child's behavior without prior written permission from the parents or guardians or the child and prior written disclosure as to the disposition of the results or the testing therefrom. Through such policy, school personnel should be encouraged to discuss concerns about a child's behavior with the parent or legal guardian of such child and such discussions may include a suggestion by school personnel that the parent or legal guardian speak with an appropriate health-care professional. (ff) To adopt a policy on or before October 1, 2005, to: (I) Provide on or before December 31 of each school year, the names and mailing addresses of students enrolled in the eighth grade to the Colorado commission on higher education for use in mailing the notice of postsecondary educational opportunities and higher education admission guidelines as required in section 23-1-119.1, C.R.S.;  and (II) Provide to the parent of a student enrolled in the eighth grade, prior to the student's enrollment in his or her ninth-grade courses, a list of courses the school district has available that satisfy the Colorado commission on higher education's higher education admission guidelines; (gg) To include a provision in any contract entered into by the school district with a college preparation program operating within the school district that the college preparation program shall provide to the Colorado commission on higher education, on or before December 31 of each school year, a report specifying each student, by unique identifying number, to the extent permissible by federal law, who was enrolled in the program during the previous school year;  who completed the program during the previous school year;  and who enrolled in an institution of higher education within six months after completing the program. The provisions of this paragraph (gg) shall apply to contracts entered into or renewed on or after August 10, 2005. (hh) To provide the opportunity for a student enrolled in a public school of the district to develop a plan for academic remediation upon the request of the student's parent or legal guardian; (ii) To adopt a policy within ninety days after April 28, 2006, to ensure that the right of school district employees and students to display reasonably the flag of the United States shall not be infringed with respect to the display: (I) On an individual's person;  or (II) On an individual's personal property or property that is under the temporary control of an employee or a student, including but not limited to a desk top or a locker; (jj) To identify any areas in which one or more of the principals of the schools of the school district require further training or development. The board of education shall contract for or otherwise assist the identified principals in participating in professional development programs to assist the identified principals in improving their skills in the identified areas. (kk)(I) To undertake a community-based process to develop a blueprint for the education system in the community and to determine the skills students will need to be successful after graduation. Each board of education shall seek input from the community at large, which may include, but need not be limited to, students, parents, business persons, neighboring school districts, and regional boards of cooperative services. Each board of education shall use this blueprint, together with the guidelines for high school graduation requirements developed by the state board pursuant to section 22-2-106(1)(a.5), to establish local high school graduation requirements applicable to students enrolling in ninth grade beginning in the 2014-15 school year. To assist the state board of education in fulfilling its duties under part 10 of article 7 of this title, each board of education shall provide to the state board of education information concerning the blueprint and the input received in developing the blueprint. A board of education that has undertaken a comprehensive community-based process and has revised its high school graduation requirements within the previous two years shall not be required to develop a new blueprint for the education system in its community or make any revisions to its high school graduation requirements. (II) Each board of education shall report its blueprint for the education system in the community and its new or revised high school graduation requirements to the public through the accreditation process, as determined by the state board. In its report, the board of education shall demonstrate how its high school graduation requirements meet or exceed any minimum standards or core competencies or skills identified in the guidelines for high school graduation requirements developed by the state board pursuant to section 22-2-106(1)(a.5). (ll)(I) To adopt written policies specifying that: (A) The schools in the district are subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, religion, ancestry, or need for special education services; (B) Enrollment in a school in the district must be open to any child who resides within the state;  except that a school is not required to make alterations in the structure of the facility used by the school or to make alterations to the arrangement or function of rooms within the facility, except as may be required by state or federal law;  and (C) Enrollment decisions shall be made in a nondiscriminatory manner. (II) As used in this subsection (1)(ll): (A) “Protective hairstyle” includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps. (B) “Race” includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race. (mm) To adopt and implement policies as described in section 22-11-307 for accreditation of the public schools of the school district; (nn) Repealed by Laws 2020, Ch. 138 (H.B. 20-1396), § 3, eff. Sept. 14, 2020. (oo)(I) To adopt policies to require each school of the school district, including the charter schools, to assist each student and his or her parent or legal guardian to develop and maintain the student's individual career and academic plan, referred to in this paragraph (oo) as an “ICAP”, no later than the beginning of ninth grade. The board of education may require the schools of the school district to assist the student and his or her parent or legal guardian to develop and maintain the student's ICAP in any grade prior to ninth grade. Each student's ICAP shall comply with the requirements specified in section 22-2-136 and the rules promulgated by the state board of education pursuant to said section. (II) The board of education shall further require each school of the school district to assist each student who is enrolled in the school and has an ICAP to use the plan effectively to direct the student's course selections and performance expectations in at least grades nine through twelve;  to assist the student in meeting his or her academic and career goals as described in the ICAP;  and to enable the student to demonstrate postsecondary and workforce readiness prior to or upon graduation from high school at a level that allows the student to progress toward his or her postsecondary education goals, if any, without requiring remedial educational services or courses. (III) At a minimum, each public school shall ensure that, in developing and maintaining each student's ICAP, the counselor or teacher explains to the student's parent or legal guardian, by electronic mail or other written form, and to the student: (A) The requirements for and benefits of concurrently enrolling in courses with an institution of higher education pursuant to the “Concurrent Enrollment Programs Act”, article 35 of this title 22. Based on a request from the student or the student's parent or legal guardian, the counselor or teacher shall assist the student in course planning to enable the student to concurrently enroll in courses with an institution of higher education. (B) The various career pathways created pursuant to section 24-46.3-104 and the types of certificates and jobs to which each pathway leads; (B.5) The teaching career pathway created pursuant to section 23-60-110, the career opportunities to which the pathway leads, and information concerning participation in the TREP program created in section 22-35-108.5;  and (C) The skills and educational opportunities available through military enlistment. In discussing military enlistment with a student and his or her parent, each public school is encouraged to provide to the student information concerning the military enlistment test. (pp) To annually distribute to each district charter school and to each district employee informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from the department of education pursuant to section 22-2-112(1)(t). In addition to annual distribution, each board shall distribute the informational materials to newly hired district employees as part of its employee orientation process. The board may distribute the informational materials to district employees through an e-mail to employees or as part of a mailing or regular communication to employees. (2) Any board conducting a complete educational program outside the territorial limits of the district in accordance with the provisions of paragraph (v) of subsection (1) of this section shall obtain the written consent of the board of the school district in which said educational program is to be conducted prior to establishing said educational program. No board shall conduct a complete educational program outside the territorial limits of the district unless the geographic and topographical characteristics of the district make the conducting of such educational program within the territorial limits of the district unduly burdensome on the district and the students. CO Rev Stat § 22-2-406 (1) In addition to any other duties provided by law, the facility schools board shall: (a) Adopt curriculum to be provided by approved facility schools. At a minimum, the facility schools board shall align the curriculum for the core subjects of reading, writing, mathematics, science, history, and geography with the state content standards adopted pursuant to section 22-7-1005 and the state assessments or alternate assessments administered as described in section 22-7-1006.3 (3). The curriculum must include a range of course work from which an approved facility school may select courses that meet the needs of the students who are placed at the facility, including a variety of instructional methods and strategies to meet student needs. (b) Adopt accountability and accreditation measures, including academic performance measures, to be applied to approved facility schools and the students receiving educational services through the approved facility schools; (c) Award a high school diploma to a student who, while receiving services through an approved facility school, meets the graduation requirements the facility schools board shall establish pursuant to subsection (3) of this section and who applies for the award of a high school diploma from the facility schools board; and (d) Develop procedures to authorize facilities to operate as specialized day schools. (2) The facility schools board may make recommendations to the state board and to the department of human services regarding any of the following issues: (a) The process for placing a child or youth in a facility when the placement is initiated by a public entity and methods for improving the involvement of school districts in such placement decisions; (b) The process for placing a child or youth in a facility when the placement is initiated by action by or request of a private person and methods by which school districts may be involved in such placement decisions; (c) Methods and strategies for improving the quality of educational services provided by approved facility schools and for improving the educational outcomes for students who receive educational services from approved facility schools; (d) Methods for recruiting and retaining highly qualified teachers and paraprofessionals for employment in approved facility schools; (e) The provision of appropriate services for students with disabilities, including the process for developing and reviewing individualized education programs; (f) Methods of reimbursing approved facility schools for the excess costs incurred in providing educational services to students with disabilities, including direct and indirect costs; (g) The liability of the school districts of residence for providing a free and appropriate public education for the students who are placed in a facility and procedures to ensure students' rights to receive educational services; (h) The oversight and monitoring of approved facility schools; (i) Any other issues that are determined by the facility schools board to be within its purview and that are intended to improve educational outcomes for students receiving educational services from approved facility schools or to promote the efficient delivery of educational services to students who are placed in facilities; and (j) The creation of an interagency resource guide to assist facilities in becoming licensed or authorized as approved facility schools, which must be adopted by the department, the department of human services, the department of health care policy and financing, and the department of public health and environment as set forth in section 22-2-410. (3) The facility schools board shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of title 24, to establish procedures by which a student who participates in an approved facility school may apply to receive a high school diploma awarded by the facility schools board. The facility schools board shall also, by rule, establish the graduation requirements that a student receiving educational services through an approved facility school shall meet to be awarded the facility school's high school diploma. In adopting the graduation requirements, the facility schools board shall take into consideration the recommendations of the office and shall ensure that the graduation requirements follow the guidelines for high school graduation requirements specified by the state board pursuant to section 22-2-106 (1) (a.5). (4) (a) (I) In complying with the duties specified in subsection (1)(b) of this section, on or before December 1, 2026, the facility schools board shall review the implementation of accountability measures by an approved facility school that has been approved for at least one year and recommend to the state board whether to accredit the approved facility school. The state board may grant accreditation to the approved facility school based on the facility schools board recommendation. (II) If a facility school has been an approved facility school pursuant to section 22-2-407 (2)(b) for less than one year as of December 1, 2026, the approved facility school shall implement accountability measures within one year of approval before the facility schools board review pursuant to subsection (4)(a)(I) of this section. (III) If a facility school becomes an approved facility school pursuant to section 22-2-407 (2)(b) after December 1, 2026, the approved facility school has one year to implement the accountability measures before a review by the facility schools board and accreditation approval by the state board pursuant to subsection (4)(a)(I) of this section. (IV) (A) The facility schools board shall approve a list of recognized independent national accreditation organizations that accredit approved facility schools. (B) If a recognized independent national accreditation organization accredits an approved facility school, the facility schools board may consider the recognized independent national accreditation as part of the facility schools board's accreditation review of the approved facility school pursuant to this subsection (4)(a)(I). (C) The office shall post the list of recognized independent national accreditation organizations to the office's website pursuant to section 22-2-405 (3). (b) (I) Notwithstanding subsection (4)(b)(II) of this section, on or after December 1, 2026, a school district or an administrative unit shall only place a student in an approved facility school that receives accreditation from the state board or an independent national accreditation organization, unless the school district or administrative unit determines that there is not an accredited facility available and the selected placement is in the best interests of the student. (II) If a student is a student in an out-of-home placement, as defined in section 22-32-138, and the change of educational placement is a result of placement in out-of-home care, the procedures set forth in section 22-32-138 must be followed. (c) (I) On or after October 1, 2026, and each October 1 thereafter, the facility schools board shall create an accreditation outcome report for each approved facility school as part of the process to determine whether an approved facility school remains accredited. The accreditation outcome report must include information on student outcomes, postsecondary and workforce readiness, and student engagement. (II) On or after December 1, 2026, and each December 1 thereafter, the facility schools board shall submit the accreditation outcome reports and accreditation recommendations to the state board. (III) The state board may approve accreditation, deny accreditation, or grant conditional accreditation. If accreditation is conditional or denied by the state board, an approved facility school may respond to the office within sixty days after receiving the report. The facility schools board and state board may reconsider an approved facility school's accreditation status based on the accreditation outcome report and any other data submitted by an approved facility school or the office. (IV) The office shall annually update on the office's website the accreditation outcome reports for each approved facility school pursuant to section 22-2-405 (3). (5) (a) In developing procedures as set forth in subsection (1)(d) of this section, the facility schools board shall promulgate rules for the creation and maintenance of a list of schools that are authorized to operate as specialized day schools and are approved as facility schools to receive reimbursement for providing educational services to students placed in the specialized day school. The facility schools board shall promulgate rules specifying the following procedures: (I) How to authorize a facility to operate, become accredited, and be maintained as a specialized day school; (II) How to secure health and safety inspections of a specialized day school; (III) How to secure zoning approval in cities and counties for a specialized day school; (IV) How to procure employee background checks; and (V) How to track and report incidents at specialized day schools. (b) The facility schools board may enter into interagency agreements with the department of human services, department of public health and environment, and other state and local government agencies to implement this subsection (5). (c) If a facility meets the criteria to become authorized to operate, become accredited, and be maintained as a specialized day school pursuant to subsection (5)(a) of this section, the office shall authorize the facility to operate as a specialized day school. The office shall periodically, as provided by rule of the facility schools board, review each specialized day school to determine whether the specialized day school is in compliance with the requirements set forth in subsection (5)(a) of this section. The facility schools board shall promulgate rules specifying the procedural requirements associated with the renewal of specialized day schools. ”

Colorado school boards' discretionary powers

In addition to the powers and duties school boards are required to exercise, listed above, Colorado school boards are given at least 35 discretionary powers, which they can choose to exercise. Some of these powers include the authority to:

• provide free textbooks to all students in the district,
• use federal grant money to purchase library materials,
• remove library materials that are determined to be immoral or pernicious, and
• terminate the employment of any personnel.

These discretionary powers are listed in Colorado Revised Statutes § 22-32-110 and are as follows:

“ (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; (c) To provide furniture, equipment, library books, and everything needed to carry out the education program; (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, hair length, 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. ”

Constraints on Colorado school boards' authority

This section tracks constraints on school boards specific to Colorado as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

Constraint on Colorado school boards' authority by topic

This section features constraints on Colorado school boards' authority on policies related to the following topics:

• Curriculum requirements
• Curriculum restrictions
• Book bans, removals, and restrictions
• Parental notification
• Discipline
• School board elections
• Public school choice and open enrollment
• Charter schools
• Cellphone bans

Curriculum requirements

Colorado requires the following specific curricular topics to be included in the state's content standards:

• reading,
• writing,
• mathematics,
• science,
• geography,
• the history and civil government of the US and Colorado, including the contributions of minorities,
• Holocaust and genocide studies, and
• the effects of alcohol on the body.

Curriculum restrictions

Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.

Federal law and guidance

Federal executive orders:

President Donald Trump (R) issued an executive order (E.O.) on January 29, 2025, entitled Ending Radical Indoctrination in K-12 Schooling, prohibiting federal funding that directly or indirectly facilitates K-12 instruction regarding what the bill calls gender or equity ideology. It directs federal executive agencies, including the U.S. Department of Education, to create a plan to relinquish federal funds from school or teacher certification programs that include what the E.O. called gender ideology or discriminatory equity ideology. The order defined discriminatory equity ideology as ideology that treats individuals as members of preferred or disfavored groups rather than as individuals and minimizes agency, merit, and capability in favor of immoral generalizations.

Book bans, removals, and restrictions

Colorado school boards have the authority to remove books from school libraries if the material is found to be immoral or pernicious.

Colorado Governor Jared Polis (D) signed a bill on May 1, 2025, requiring school boards to adopt policies regarding the selection, removal, and display of library books, among other materials, including a process for parents to challenge book materials. The bill stated that only parents can challenge books and that specific titles can only be challenged once every two years.

Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.

Federal guidance

The U.S. Department of Education’s Office for Civil Rights rescinded all guidance against the removal of books and no longer employed a coordinator to investigate local district book removals as of January 24, 2025. The Department said they believed removing books from school libraries was a question of parental and community judgment, not civil rights, and that the office had no role as it related to book removal.

Parental notification

Parental notification is required by Colorado state law in the following circumstances:

• the parent's student has been removed from school grounds, a school vehicle, or a school-sanctioned event for being disruptive,
• the student has been suspended or expelled (parents must also be notified of each incident that led up to the suspension or expulsion),
• the student is truant,
• restraints have been used for, or if there is a high probability school staff will need to use restraints for a student,
• if school employees or former school employees have been charged with certain crimes, and
• if the school receives funds under Title I, Part A, parents must be notified that they can request information regarding teacher qualifications and student participation in required assessments and if their child has been identified as an English learner.

Colorado also requires written parental notification if the school plans to teach curriculum that includes comprehensive human sexuality education. Parents can make a written request that their child be excused.

“ CO Rev Stat § 22-1-128 (3), (6): (3) Except as otherwise provided in subsection (6) of this section, a school district, board of cooperative services, charter school, or institute charter school that offers a planned curriculum that includes comprehensive human sexuality education shall provide to the parent or guardian of each student, prior to commencing the planned curriculum: (a) Written notification of the ability to excuse a student, without penalty or additional assignment, from that portion of the planned curriculum that includes comprehensive human sexuality education, upon the written request of the student's parent or guardian; and (b) A detailed, substantive outline of the topics and materials to be presented in that portion of the planned curriculum related to comprehensive human sexuality education. (6) Human sexuality instruction is not required. However, if a school district, board of cooperative services, charter school, or institute charter school offers human sexuality instruction, the instruction must be comprehensive and meet the comprehensive human sexuality education content requirements. These requirements must: (a) Encourage parental involvement and family communication; (b) Include medically accurate information about methods to prevent unintended pregnancy and sexually transmitted infections, including HIV/AIDS, and the link between human papillomavirus and cancer. Methods taught shall include information about the correct and consistent use of abstinence, contraception, including all FDA approved forms of contraception, condoms, and other barrier methods and must be taught in a cohesive, integrated, objective manner so that youth learn the full scope of preventive methods available to them and are empowered to decide for themselves which preventive methods are best suited for their individual needs, beliefs, and values. (c) Promote the development of healthy relationships by providing human sexuality instruction on: (I) How to communicate consent, recognize communication of consent, recognize withdrawal of consent, and understand age of consent as it relates to section 18-3-402; (II) How to avoid making unwanted verbal, physical, and sexual advances; (III) How to avoid making assumptions about a person's supposed sexual intentions based on that person's appearance or sexual history; and (IV) How to avoid pursuing a sexual encounter with a person or persuading a person to participate in a sexual encounter when that person has not provided consent or has withdrawn consent; (d) Include discussions and information on how to recognize and respond safely and effectively in situations where sexual or physical violence may be occurring or where there may be a risk for these behaviors to occur; (e) Include discussion of how alcohol and drug use impairs responsible and healthy decision-making; (f) Be comprehensive, age-appropriate, culturally sensitive, inclusive of a positive youth development framework, and medically accurate; (g) Provide instruction about the health benefits and potential side effects of using contraceptives and barrier methods to prevent pregnancy, including instruction regarding emergency contraception and the availability of contraceptive methods; (h) For school districts that have established a character education program pursuant to section 22-29-103, promote the guidelines of behavior established in the character education program; (i) Not emphasize sexual abstinence as the primary or sole acceptable preventive method available to students. A school district, board of cooperative services, charter school, or institute charter school shall not engage the instructional services of an organization or individual that is a direct or indirect recipient of money from the federal government pursuant to 42 U.S.C. sec. 710, as amended, because the guidelines of 42 U.S.C. sec. 710 are inconsistent with the provisions of this section. (j) Provide age-appropriate information concerning sections 18-6-401(9) and 19-3-304.5, or any successor laws, referred to generally as "safe haven laws", relating to the safe abandonment of a child to a firefighter at a fire station or to a staff member at a hospital or a community clinic emergency center within the first seventy-two hours of the child's life. (6.5) Comprehensive human sexuality education does not require instruction on pregnancy outcome options. However, if a school district, board of cooperative services, charter school, or institute charter school opts to provide instruction on pregnancy outcome options, the instruction must cover all pregnancy outcome options, including but not limited to adoption, abortion, parenting, and information concerning sections 18-6-401(9) and 19-3-304.5, or any successor laws, referred to generally as "safe haven laws". Instruction on pregnancy outcome options must be provided in an objective, unbiased manner and must not endorse or favor one or more pregnancy outcome options. ”

Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.

Discipline

See also: How does Colorado compare to other states on school board authority over disciplinary policy?

Colorado is one of 47 states that gives school boards authority over district disciplinary policy.

The text of Colorado Revised Statutes § 22-32-109.1 is as follows:

“ (1) Definitions. As used in this section, unless the context otherwise requires: (a) "Action taken" means a specific type of discipline, including but not limited to the following categories of discipline: (I) In-school suspension; (II) Out-of-school suspension; (III) Classroom removal in accordance with board policy; (IV) Expulsion; (V) Referral to law enforcement; or (VI) Any other form of discipline, which shall be officially identified as part of a board policy. (b) "Bullying" means any written or verbal expression, or physical or electronic act or gesture, or a pattern thereof, that is intended to coerce, intimidate, or cause any physical, mental, or emotional harm to any student. Bullying is prohibited against any student for any reason, including but not limited to any such behavior that is directed toward a student on the basis of his or her academic performance or against whom federal and state laws prohibit discrimination upon any of the bases described in section 22-32-109 (1) (ll) (I). This definition is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the expression of any religious, political, or philosophical views. (b.5) "Community partners" means, collectively, local fire departments, state and local law enforcement, local 911 agencies, interoperable communications providers, the safe2tell program described in section 24-31-606, C.R.S., local emergency medical service personnel, local mental health organizations, local public health agencies, local emergency management personnel, local or regional homeland security personnel, and school resource officers. (c) "Dangerous weapon" has the same meaning as set forth in section 22-33-102 (4). (d) "Full-time teacher" means a person who is licensed pursuant to article 60.5 of this title, or is authorized pursuant to section 22-60.5-111 to teach, and is primarily engaged in teaching during a majority of the instructional minutes per school day. (e) "Habitually disruptive student" has the same meaning as set forth in section 22-33-106 (1) (c.5). (e.5) "Law enforcement" includes any law enforcement agency, law enforcement officer, or school resource officer. (f) (I) "Referral to law enforcement" means a communication between a school administrator, teacher, or other school employee and law enforcement that: (A) Is initiated by the school administrator, teacher, or other school employee; and (B) Concerns behavior by a student that the school administrator, teacher, or other school employee believes may constitute a violation of the school conduct and discipline code or a criminal or delinquent offense and for which the school administrator, teacher, or other school employee requests an investigation or other involvement by law enforcement. (II) "Referral to law enforcement" does not include: (A) Contact with law enforcement that is made for the purpose of education, prevention, or intervention regarding a student's behavior; (B) Routine or incidental communication between a school administrator, teacher, or other school employee and law enforcement; or (C) Any incident or communication that is initiated by law enforcement. (g) "Restorative justice" has the same meaning as set forth in section 22-32-144 (3). (g.5) "School resource officer" means a peace officer, as described in section 16-2.5-101, C.R.S., who has specialized training, as described in section 24-31-312, C.R.S., to work with school staff and students and who is assigned to a public school or charter school for the purpose of creating a safe learning environment and responding to all-hazard threats that may impact the school. (h) "School vehicle" shall have the same meaning as set forth in section 42-1-102 (88.5), C.R.S. (1.5) Mission statement. Each school district board of education shall adopt a mission statement for the school district, which statement shall include making safety for all students and staff a priority in each public school of the school district. (2) Safe school plan. In order to provide a learning environment that is safe, conducive to the learning process, and free from unnecessary disruption, each school district board of education or institute charter school board for a charter school authorized by the charter school institute shall, following consultation with the school district accountability committee and school accountability committees, parents, teachers, administrators, students, student councils where available, and, where appropriate, the community at large, adopt and implement a safe school plan, or review and revise, as necessary in response to any relevant data collected by the school district, any existing plans or policies already in effect. In addition to the aforementioned parties, each school district board of education, in adopting and implementing its safe school plan, may consult with victims' advocacy organizations, school psychologists, local law enforcement, and community partners. The plan, at a minimum, must include the following: (a) Conduct and discipline code. (I) A concisely written conduct and discipline code that shall be enforced uniformly, fairly, and consistently for all students. Copies of the code shall be provided to each student upon enrollment at the elementary, middle, and high school levels and shall be posted or kept on file at each public school in the school district. The school district shall take reasonable measures to ensure that each student of each public school in the school district is familiar with the code. The code shall include, but need not be limited to: (A) General policies on student conduct, safety, and welfare; (B) General policies and procedures for dealing with students who cause a disruption on school grounds, in a school vehicle, or at a school activity or sanctioned event, including a specific policy allowing a teacher to remove a disruptive student from his or her classroom. The policy shall state that, upon the third such removal from a teacher's class, the teacher may remove the disruptive student from the teacher's class for the remainder of the term of the class; except that a disruptive student shall not be removed from a teacher's class for the remainder of the term of the class unless the principal of the student's school or his or her designee has developed and implemented a behavior plan for the student. A behavior plan may be developed after the first such removal from class and shall be developed after the second removal from class. The general policies and procedures shall include a due process procedure, which at a minimum shall require that, as soon as possible after a removal, the teacher or the school principal shall contact the parent or legal guardian of the student to request his or her attendance at a student-teacher conference regarding the removal. Any policy or procedure adopted shall comply with applicable federal and state laws, including but not limited to laws regarding students with disabilities. (C) Provisions for the initiation of suspension or expulsion proceedings for students who qualify as habitually disruptive students; (D) Policies and procedures for the use of acts of reasonable and appropriate physical intervention or force in dealing with disruptive students; except that no board shall adopt a discipline code that includes provisions that are in conflict with the definition of child abuse in section 18-6-401 (1), C.R.S., and section 19-1-103 (1), C.R.S.; (E) General policies and procedures for determining the circumstances under and the manner in which disciplinary actions, including suspension and expulsion, shall be imposed in accordance with the provisions of sections 22-33-105 and 22-33-106; (F) A specific policy concerning gang-related activities on school grounds, in school vehicles, and at school activities or sanctioned events; (G) Written prohibition, consistent with section 22-33-106, of students from bringing or possessing dangerous weapons, drugs, or other controlled substances on school grounds, in a school vehicle, or at a school activity or sanctioned event and from using drugs or other controlled substances on school grounds, in a school vehicle, or at a school activity or sanctioned event; (H) Written prohibition of students from using or possessing tobacco products on school grounds, in a school vehicle, or at a school activity or sanctioned event; (I) A written policy concerning searches on school grounds, including searches of student lockers; (J) A dress code policy that prohibits students from wearing apparel that is deemed disruptive to the classroom environment or to the maintenance of a safe and orderly school. The dress code policy may require students to wear a school uniform or may establish minimum standards of dress; (K) On and after August 8, 2001, a specific policy concerning bullying prevention and education. Each school district is encouraged to ensure that its policy, at a minimum, incorporates the biennial administration of surveys of students' impressions of the severity of bullying in their schools, as described in section 22-93-104 (1) (c); character building; and the designation of a team of persons at each school of the school district who advise the school administration concerning the severity and frequency of bullying incidents that occur in the school, which team may include, but need not be limited to, law enforcement officials, social workers, prosecutors, health professionals, mental health professionals, school psychologists, counselors, teachers, administrators, parents, and students. Each school district's policy shall set forth appropriate disciplinary consequences for students who bully other students and for any person who takes any retaliatory action against a student who reports in good faith an incident of bullying, which consequences shall comply with all applicable state and federal laws. (II) In creating and enforcing a school conduct and discipline code pursuant to subparagraph (I) of this paragraph (a), each school district board of education, on and after August 1, 2013, shall: (A) Impose proportionate disciplinary interventions and consequences, including but not limited to in-school suspensions, in response to student misconduct, which interventions and consequences are designed to reduce the number of expulsions, out-of-school suspensions, and referrals to law enforcement, except for such referrals to law enforcement as are required by state or federal law; (B) Include plans for the appropriate use of prevention, intervention, restorative justice, peer mediation, counseling, or other approaches to address student misconduct, which approaches are designed to minimize student exposure to the criminal and juvenile justice system. The plans shall state that a school administration shall not order a victim's participation in a restorative justice practice or peer mediation if the alleged victim of an offending student's misconduct alleges that the misconduct constitutes unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.; a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1), C.R.S.; stalking as defined in section 18-3-602, C.R.S.; or violation of a protection order, as defined in section 18-6-803.5, C.R.S.; (C) Ensure that the implementation of the code complies with all state and federal laws concerning the education of students with disabilities, as defined in section 22-20-103 (5); and (D) Ensure that, in implementing the code, each school of the school district shows due consideration of the impact of certain violations of the code upon victims of such violations, in accordance with the provisions of title IX of the United States Code and other state and federal laws. (b) Safe school reporting requirements. A policy whereby the principal of each public school in a school district is required to submit annually, in a manner and by a date specified by rule of the state board, a written report to the board of education of the school district concerning the learning environment in the school during that school year. The board of education of the school district shall annually compile the reports from every school in the district and submit the compiled report to the department of education in a format specified by rule of the state board. The compiled report must be easily accessible by the general public through a link on the department of education's web site homepage. The report must include, but need not be limited to, the following specific information for the preceding school year: (I) The total enrollment for the school; (II) The average daily attendance rate at the school; (III) Dropout rates for grades seven through twelve, if such grades are taught at the school; (IV) The number of conduct and discipline code violations. Each violation must be reported only in the most serious category that is applicable to that violation, including but not limited to specific information identifying the number of, and the action taken with respect to, each of the following types of violations: (A) Possessing a dangerous weapon on school grounds, in a school vehicle, or at a school activity or sanctioned event without the authorization of the school or the school district; (B) Use or possession of alcohol on school grounds, in a school vehicle, or at a school activity or sanctioned event; (C) Use, possession, or sale of a drug or controlled substance, other than marijuana, on school grounds, in a school vehicle, or at a school activity or sanctioned event; (C.5) The unlawful use, possession, or sale of marijuana on school grounds, in a school vehicle, or at a school activity or sanctioned event; (D) Use or possession of a tobacco product on school grounds, in a school vehicle, or at a school activity or sanctioned event; (E) Being willfully disobedient or openly and persistently defiant or repeatedly interfering with the school's ability to provide educational opportunities to, and a safe environment for, other students; (F) Commission of an act on school grounds, in a school vehicle, or at a school activity or sanctioned event that, if committed by an adult, would be considered first degree assault, as described in section 18-3-202, C.R.S., second degree assault, as described in section 18- 3-203, C.R.S., or vehicular assault, as described in section 18-3-205, C.R.S.; (G) Behavior on school grounds, in a school vehicle, or at a school activity or sanctioned event that is detrimental to the welfare or safety of other students or of school personnel, including but not limited to incidents of bullying and other behavior that creates a threat of physical harm to the student or to other students; (H) Willful destruction or defacement of school property; (I) Commission of an act on school grounds, in a school vehicle, or at a school activity or sanctioned event that, if committed by an adult, would be considered third degree assault, as described in section 18-3-204, C.R.S., or disorderly conduct, as described in section 18- 9-106 (1) (d), C.R.S., but not disorderly conduct involving firearms or other deadly weapons, as described in section 18-9-106 (1) (e) and (1) (f), C.R.S.; (J) Commission of an act on school grounds, in a school vehicle, or at a school activity or sanctioned event that, if committed by an adult, would be considered robbery; and (K) Other violations of the code of conduct and discipline that resulted in documentation of the conduct in a student's record; (V) and (VI) (Deleted by amendment, L. 2012.) (VII) The average class size for each public elementary school, middle school or junior high school, and senior high school in the state calculated as the total number of students enrolled in the school divided by the number of full-time teachers in the school; (VIII) The school's policy concerning bullying prevention and education, including information related to the development and implementation of any bullying prevention programs; and (IX) The number of acts of sexual violence on school grounds, in a school vehicle, or at a school activity or sanctioned event. Any information provided as a part of this subparagraph (IX) for the safe school reporting requirements must be reported as aggregate data and must not include any personally identifying information. For the purposes of this subparagraph (IX), "sexual violence" means a physical sexual act perpetrated against a person's will or where a person is incapable of giving consent. (c) Internet safety plan. (I) Each school district is encouraged to provide a comprehensive, age-appropriate curriculum that teaches safety in working and interacting on the internet in grades kindergarten through twelve. At a minimum, the curriculum may address the following topics: (A) Interaction with persons in the cybercommunity; (B) Personal safety in interacting with persons on the internet; (C) Recognition and avoidance of on-line bullying; (D) Technology, computer virus issues, and ways to avoid computer virus infection; (E) Predator identification; (F) Intellectual property, including education concerning plagiarism and techniques to avoid committing plagiarism and laws concerning downloading of copyrighted materials including music; (G) Privacy and the internet; (H) On-line literacy, including instruction in how to identify credible, factual, trustworthy web sites; and (I) Homeland security issues related to internet use. (II) Each school district is encouraged to structure the internet safety plan so as to incorporate the internet safety topics into the teaching of the regular classroom curricula, rather than isolating the topics as a separate class. Each school district is encouraged to use available internet safety curricula resources, including but not limited to materials available through nonprofit internet safety foundations that are endorsed by the federal government. Each school district is also encouraged to work with local law enforcement for the jurisdiction in which the school district is located in developing the internet safety curricula, especially with regard to topics that address personal safety on the internet, internet predator identification, privacy issues, and homeland security issues. Each school district is also encouraged to collaborate with parents and teachers in developing the internet safety curricula, including collaborating with district and statewide organizations that represent parents and teachers. (III) Each school district is encouraged to begin implementing the internet safety plan with the 2005-06 school year and to annually review and, as necessary, revise the plan. Each school district is encouraged to identify a person who is responsible for overseeing implementation of the internet safety plan within each public school of the school district to ensure that each public school complies with the requirements of the plan. (IV) If a school district chooses to adopt an internet safety plan and to identify a person who is responsible for overseeing implementation of the plan, the person is encouraged to annually submit an internet safety plan implementation report to the school district board of education specifying the level of implementation achieved by each public school of the school district and providing an overview of the internet safety curricula adopted and implemented in each public school of the school district. The school district board of education of each school district that chooses to adopt an internet safety plan is encouraged to submit to the department of education an annual report summarizing the internet safety plan implementation report and is encouraged to make the annual summary report available on the school district web site. (2.5) (a) Safe school plan - child sexual abuse and assault prevention plan. Each school district is encouraged, as part of its safe school plan, to adopt a child sexual abuse and assault prevention plan. Each school district is encouraged to include in the plan delivery of a comprehensive, age-appropriate curricula for kindergarten through twelfth grade regarding child sexual abuse and assault awareness and prevention. The curricula may address, but need not be limited to: (I) The skills to recognize: (A) Child sexual abuse and assault; (B) Boundary violations and unwanted forms of touching and contact; and (C) Behaviors that an offender uses to groom or desensitize a victim; and (II) Strategies to: (A) Promote disclosure; (B) Reduce self-blame; and (C) Mobilize bystanders. (b) Each school district is encouraged to include in the child sexual abuse and assault prevention plan professional development for school personnel and parents in preventing, identifying, and responding to child sexual abuse and assault. Professional development may include providing training in preventing, identifying, and responding to child sexual abuse and assault, including using the child abuse reporting hotline system created pursuant to section 26-5-111, C.R.S., and distributing resources to raise the awareness of school personnel and parents regarding child sexual abuse and assault and preventing child sexual abuse and assault. (c) A school district is encouraged to use curricula and professional development materials, training, and other resources available from the school safety resource center pursuant to section 24-33.5-1809, C.R.S. (d) As used in this subsection (2.5), "school personnel" includes teachers, administrators, school resource officers, and other employees of a school district or a public school. ”

Federal guidance

President Donald Trump (R) issued an Executive Order (E.O.) titled Reinstating Common Sense School Discipline Policies on April 23, 2025, that required the Secretary of Education, in consultation with the Attorney General, to issue guidance local educational agencies (LEAs) and State educational agencies (SEAs) regarding "school discipline and their obligations not to engage in racial discrimination under Title VI in all contexts, including school discipline," according to the order. The first Trump administration rescinded guidance issued in 2014 under the Obama administration that suggested that higher rates of discipline for racial minorities could be evidence of discrimination and could cause schools to lose federal funding. Trump's 2025 E.O. argued that the guidance "effectively required schools to discriminate on the basis of race by imposing discipline based on racial characteristics, rather than on objective behavior alone." Though the guidance was rescinded in 2018, the U.S. Department of Education continued to collect data regarding the racial breakdown of disciplinary actions taken across the country. Trump's 2025 E.O. prohibits schools from engaging in what it called racial discrimination in the application of school discipline.

School board elections

See also: Rules governing school board election dates and timing in Colorado, How does Colorado compare to other states on school board authority over election timing?

Colorado is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

Click here to read about the laws governing school board elections in Colorado.

Public school choice and open enrollment

See also: School choice in Colorado

In Colorado, school boards are required to adopt interdistrict and intradistrict school choice policies as mandated by Colorado Revised Statutes § 22-36-101:

“ (1) Except as otherwise provided in subsection (3) of this section, every school district, as defined in section 22-30-103 (13), shall allow: (a) Its resident pupils who apply pursuant to the procedures established pursuant to subsection (2) of this section to enroll in particular programs or schools within such school district; and (b) Commencing with the 1994-95 school year and thereafter, nonresident pupils from other school districts within the state who apply pursuant to the procedures established pursuant to subsection (2) of this section to enroll in particular programs or schools within such school district without requiring the nonresident pupils to pay tuition. ”

Charter schools

See also: Charter schools in Colorado, How does Colorado compare to other states on school board authority over charter schools?

Colorado is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

In Colorado, charter school applicants apply to enter charter contracts with the school district in which the majority of the prospective students live. After entering contract with the district, charter schools become subject to accreditation by the school district's local board of education.

“ (1) A charter school shall be a public, nonsectarian, nonreligious, non-home-based school which operates within a public school district. (2)(a) A charter school applicant cannot apply to, or enter into a charter contract with, a school district unless a majority of the charter school's pupils, other than online pupils, will reside in the chartering school district or in school districts contiguous thereto. (b) A charter school shall be a public school of the school district that approves its charter application and enters into a charter contract with the charter school. In accordance with the requirement of section 15 of article IX of the state constitution, the charter school shall be subject to accreditation by the school district's local board of education pursuant to the school district's policy for accrediting the public schools of the school district adopted pursuant to section 22-11-307 and section 22-32-109(1)(mm). The charter school shall also be subject to annual review by the department pursuant to section 22-11-210. (3)(a) A charter school is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, religion, ancestry, or need for special education services. A charter school is subject to any court-ordered desegregation plan in effect for the chartering school district. Enrollment in a charter school must be open to any child who resides within the school district;  except that a charter school is not required to make alterations in the structure of the facility used by the charter school or to make alterations to the arrangement or function of rooms within the facility, except as may be required by state or federal law. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school applicant in the charter school application. (b) As used in this subsection (3): (I) “Protective hairstyle” includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps. (II) “Race” includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race. (4)(a) A charter school shall be administered and governed by a governing body in a manner agreed to by the charter school applicant and the chartering local board of education. Effective July 1, 2013, each charter school that was initially chartered on or after August 6, 1997, shall organize as a nonprofit corporation pursuant to the “Colorado Nonprofit Corporation Act”, articles 121 to 137 of title 7, C.R.S., which shall not affect its status as a public school for any purposes under Colorado law. Notwithstanding organization as a nonprofit corporation, a charter school shall annually complete a governmental audit that complies with the requirements of the department of education. (b) An entity that holds a charter authorized pursuant to this part 1 may choose to contract with an education management provider, which education management provider may be a for-profit, a nonprofit, or a not-for-profit entity, so long as the charter school maintains a governing board that is independent of the education management provider. (4.5)(a) In order to clarify the status of charter schools for purposes of tax-exempt financing, a charter school, as a public school, is a governmental entity. Direct leases and financial obligations of a charter school shall not constitute debt or financial obligations of the school district unless the school district specifically assumes such obligations. (b) Deleted by Laws 2004, Ch. 357, § 3, eff. June 3, 2004. (5) Except as otherwise provided in sections 22-20-109, 22-32-115, and 22-54-109, a charter school shall not charge tuition. (6)(a) Pursuant to contract, a charter school may operate free from specified school district policies and free from state rules, as provided in paragraph (b) of this subsection (6). Pursuant to contract, a local board of education may waive locally imposed school district requirements, without seeking approval of the state board;  except that a charter school shall not, by contract or otherwise, operate free of the requirements contained in the “Public School Finance Act of 1994”, article 54 of this title, the requirements specified in part 4 of article 11 of this title concerning school accountability committees, or the requirements contained in the “Children's Internet Protection Act”, article 87 of this title. (b) The state board shall promulgate rules that list the automatic waivers for all charter schools. In promulgating the list of automatic waivers, the state board shall consider the overall impact and complexity of the requirements specified in the statute and the potential consequences that waiving the statute may have on the practices of a charter school. In accordance with its rule-making authority, the state board may review the list of automatic waivers at its discretion. Notwithstanding any provision of this subsection (6)(b) to the contrary, the state board shall not include the following statutes on the list of automatic waivers: (I) Section 22-9-106, concerning the performance evaluation system for licensed personnel; (I.5) Section 22-32-109(1)(b), concerning procedures for competitive bidding in the purchase of goods and services, except professional services; (II) Section 22-32-109(1)(n), concerning the annual school calendar and teacher-pupil contact hours; (II.5) Section 22-32-110(1)(y), concerning the power to accept and expend gifts, donations, or grants;  and (III) Part 2 of article 63 of this title 22, concerning the employment of licensed personnel. (c) A school district, on behalf of a charter school, may apply to the state board for a waiver of a state statute or state rule that is not an automatic waiver. Notwithstanding any provision of this subsection (6) to the contrary, the state board may not waive any statute or rule relating to: (I) School accountability committees as described in section 22-11-401; (II) The assessments required to be administered pursuant to section 22-7-1006.3; (III) School performance reports pursuant to part 5 of article 11 of this title; (IV) The “Public School Finance Act of 1994”, article 54 of this title 22; (V) The “Children's Internet Protection Act”, article 87 of this title 22; (VI) The requirement to post on the internet the statutes for which waivers are granted as provided in section 22-44-305; (VII) Any provisions of section 22-1-130 relating to notification to parents of alleged criminal conduct by charter school employees;   (VIII) Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade;  or (IX) Subsection (3) of this section and sections 22-32-110(1)(k) and 22-63-206(1) relating to discrimination based on hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race. (d) Upon request of a charter applicant, the state board and the local board of education of the school district to which the charter applicant applies shall provide summaries of the state and district rules and policies to use in preparing a charter school application. The department shall prepare the summary of state rules within existing appropriations. A waiver of state rules or local school district regulations made pursuant to this subsection (6) must be for the term of the charter for which the waiver is made;  except that a waiver of state statutes or state board rules by the state board is subject to periodic review as provided by state board rule and may be revoked if the waiver is deemed no longer necessary by the state board. A school district that applies to the state board for a waiver on behalf of a charter school is only required to provide a complete copy of the signed charter contract. (7)(a) A charter school shall be responsible for its own operation including, but not limited to, preparation of a budget, contracting for services, facilities, and personnel matters. (b) A charter school may negotiate and contract with a school district, the governing body of a state college or university, the state of Colorado, a school food authority, a charter school collaborative, a board of cooperative services, another district charter school, an institute charter school, or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity, or undertaking that the charter school is required or chooses to perform in order to carry out the educational program described in its charter contract. Any services for which a charter school contracts with a school district shall be provided by the district at cost. The charter school shall have standing to sue and be sued in its own name for the enforcement of any contract created pursuant to this paragraph (b). (c) In no event shall a charter school be required to pay rent for space which is deemed available, as negotiated by contract, in school district facilities. All other costs for the operation and maintenance of the facilities used by the charter school shall be subject to negotiation between the charter school and the school district. (d) A charter school or an institute charter school authorized pursuant to part 5 of this article that is operating in a school district building may purchase the building and the grounds upon which the building is located from the school district, at the school district's discretion, according to terms established by mutual agreement of the parties. If a charter school that has purchased a school building and grounds pursuant to this paragraph (d) vacates the school building and grounds or elects to sell the school building and grounds, the school district that sold the school building and grounds to the charter school pursuant to this paragraph (d) shall have first right of refusal to reacquire and purchase the property at fair market value or in accordance with other terms of repurchase established by mutual agreement of the parties. (e) Notwithstanding the provisions of paragraphs (b) and (c) of this subsection (7) or the provisions of subsection (7.5) of this section, a school district that has space in district facilities that is unoccupied may sell the facilities or use the facilities for a different purpose and is not required to maintain ownership of the facilities for potential use by a charter school. (7.5)(a) No later than November 1, 2016, and no later than November 1 each year thereafter, each school district that authorizes a charter school and that has or is expecting to have one or more vacant or underused buildings or vacant or underused land available during the next school year shall prepare a list of the vacant or underused buildings and land and provide the list, upon request, to charter schools authorized by the school district, charter school applicants, and other interested persons. The school district shall also post on its website a notice that the list of underused and vacant buildings and land is available to interested persons upon request. The school district must provide the list within two school days after receiving a request. No later than forty-five days after the school district posts the availability of the list or after receiving the list, whichever is later, a charter school of the school district or charter applicant may apply to the school district to use the building or the school district land as the location for the charter school. The local board of education shall review each application for use and, in a public meeting held no later than ninety days after the school district posts the availability of the list, approve or disapprove each application for use of the building or school district land. If the local board of education disapproves an application for use, it must explain at the public meeting and provide in writing to the applicant the reasons for disapproval. (b) For purposes of this subsection (7.5), a building is considered underused if it has unused capacity to accommodate two hundred fifty students or more. (8) A charter school shall be authorized to offer any educational program, including but not limited to an online program or online school created pursuant to article 30.7 of this title, that may be offered by a school district and that is research-based and has been proven to be effective, unless expressly prohibited by state law. (9) All decisions regarding the planning, siting, and inspection of charter school facilities shall be made in accordance with section 22-32-124 and as specified by contract with the charter school's chartering school district. (10) A charter school may apply for authorization as a school food authority pursuant to section 22-32-120. (11)(a) If a charter school chooses to apply, alone or with a consortium of charter schools, for a grant through a nonformulaic, competitive grant program created by a federal or state statute or program, the charter school or consortium of charter schools is the local education agency only for the purposes of applying and determining eligibility for the grant and may request, pursuant to section 22-30.5-503(3.5), that the state charter school institute act as a fiscal manager for the charter school or consortium of charter schools for purposes of grant management. The charter school or consortium of charter schools shall pay the fee, if any, imposed by the state charter school institute board as provided in section 22-30.5-503(3.5). (b) A charter school that applies for a grant pursuant to this subsection (11) shall provide to its authorizing district: (I) A copy of the grant application at the time the application is submitted to the grant maker; (II) Notice that the charter school did or did not receive the grant moneys;  and (III) If the charter school receives the grant moneys, a summary of the grant requirements, a summary of how the charter school is using the grant moneys, and periodic reports on the charter school's progress in meeting the goals of the grant as stated in its application. (c) If a charter school intends to apply for a grant that the school's authorizing school district is also intending to apply for, the charter school shall seek to collaborate with the school district in the application and to submit the application jointly. If the charter school and the school district are unable to agree to collaborate in applying for the grant, the charter school may apply for the grant pursuant to this subsection (11) independently or in collaboration with other charter schools. (12) Pursuant to the provisions of section 22-32-110(1)(jj), a charter school shall not withhold records required for enrollment in another school or institution of higher education or the diploma, transcript, or grades of any student for failure to pay a fine or fee or to return or replace school property. (13) Each charter school shall annually distribute to each employee informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from its chartering school board pursuant to section 22-32-109(1)(pp). In addition to annual distribution, a charter school shall distribute the informational materials to newly hired employees as part of its employee orientation process. The charter school may distribute the informational materials to its employees through an e-mail to employees or as part of a mailing or regular communication to employees. ”

Cellphone bans

See also: How does Colorado compare to other states on cellphone laws?

Colorado is one of four states with state laws or executive orders requiring school districts to pass policies on cellphone use, not specifying what the policies must contain.

Colorado Governor Jared Polis (D) signed House Bill (HB) 25-1135 on May 1, 2025, to require school districts to adopt policies on cellphone use. It included examples of what the policies may include and considerations boards should make when adopting them.

Collective bargaining agreements

Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.

Colorado school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

For example, Colorado school boards are granted the authority to fire school employees by law, but the agreement between School District No. 1 in the City and County of Denver and the Denver Classroom Teachers Association (2022-2025) sets the specific procedure for dismissal as detailed below. The school board can't just fire teachers, the process agreed to in the contract has to be followed.

“ 10-6-1 Overview of the Performance Improvement Process “the Process”: The Process begins with the Eligibility Observation. If, during the Eligibility Observation, the Teacher meets the Eligibility Criteria, the Evaluator can move forward with the Data Gathering Period. During the Data Gathering Period, the Evaluator gathers and reviews data in order to determine if the Teacher should be placed on a Performance Improvement Plan. As a part of this period, a Joint Observation with the Evaluator and a Peer Observer is conducted. If the Evaluator decides that significant performance concerns exist, the Evaluator can place the Teacher on a Performance Improvement Plan (“the Plan”). The Plan will set expectations for necessary growth and include the supports that will be provided to the Teacher during the Plan. During the Plan, which can last between 30 and 90 school days, the Teacher is observed by the Evaluator and the assigned Peer Observer and the designated supports are provided. At the conclusion of the Plan, the Evaluator determines whether the Teacher has met the expectations of the Plan and whether the Teacher should be recommended for retention or dismissal. ”

Parents' bill of rights

See also: How does Colorado compare to other states on Parents' Bills of Rights?

Colorado is one of 26 states that has a Parents' Bill of Rights.

Colorado Revised Statutes § 13-22-107(1)(a)(III) holds that parents have the right and responsibility to make decisions concerning the care, custody, and control of their children. The text is as follows:

“ (III) Parents have a fundamental right and responsibility to make decisions concerning the care, custody, and control of their children. The law has long presumed that parents act in the best interest of their children. ”

How does Colorado compare to other states?

This section compares Colorado's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

Book bans, removals, and restrictions

Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

• Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
• Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
• Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
• Five states require school boards to establish local boards to review challenges to library books.
• Two states require school boards to allow parents to view a catalogue of books.

Some states have adopted multiple types of these policies.

Discipline

• School boards in 47 states have authority over disciplinary policy in their district.
• School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
• Individual schools in one state create their own disciplinary policy.

School board elections

School boards' authority over the timing of school board elections varies by state.

• School boards in 42 states do not have authority over election timing;
• School boards in five states can choose from limited options when to hold school board elections;
• School boards in two states can choose from a date range when to hold school board elections;
• The school board in Hawaii is not elected.

The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

Charter schools

See also: Charter schools in the United States

Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

• 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
• 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
• 3 states do not have laws governing charter school authorization.
• 1 state allows school districts to apply to the state board of education to be a charter school district.

State cellphone laws

See also: State policies on cellphone use in K-12 public schools

In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.

Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.

Parents' Bill of Rights

See also: Parents' Bill of Rights in education

If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

• 26 states have enacted a statewide Parents' Bill of Rights
• 24 states have not enacted a Parents' Bill of Rights.

Noteworthy events

See also: Overview of trends in K-12 curricula development

• Colorado requires school boards to adopt cellphone policies (2025): Colorado Governor Jared Polis (D) signed House Bill (HB) 25-1135 on May 1, 2025, to require school districts to adopt policies on cellphone use. It included examples of what the policies may include and considerations boards should make when adopting them.

• Colorado requires school boards to adopt book removal policies and procedures (2025): Colorado Governor Jared Polis (D) signed a bill on May 1, 2025, requiring school boards to adopt policies regarding the selection, removal, and display of library books, among other materials, including a process for parents to challenge book materials. The bill stated that only parents can challenge books and that specific titles can only be challenged once every two years.

• Federal judge prohibits Colorado school district from removing books it objects to politically (2025): U.S. District Judge Charlotte Sweeney issued a preliminary injunction on an Elizabeth School District restriction on access to books, prohibiting the school district from removing books on the grounds that it disagrees with their political or religious ideals. The American Civil Liberties Union of Colorado sued the school district in December 2024 after the Elizabeth School District removed 19 books from the district's school libraries that they'd deemed to contain sensitive topics. Sweeney required the district to return all of the books to the school libraries.

• Federal judge denies Denver Public Schools from blocking federal immigration enforcement in schools (2025): U.S. District Judge Daniel Domenico ruled on March 7, 2025, against a preliminary injunction Denver Public Schools (DPS) filed against the U.S. Department of Homeland Security (DHS) regarding immigration enforcement on or near school property. DPS argued that the fear of immigration enforcement actions prevents students from attending school and that the 2025 enforcement policy was diverting the school's resources to prepare staff in the event of an immigration enforcement action at the school. DHS argued that its general guidance to government officials about immigration enforcement before President Donald Trump's (R) second term never prohibited actions on or near schools and that the new policy wasn't substantially different from before.

• Colorado parents sue school, alleging their child's social gender transition was kept from them (2024): Colorado parents filed a lawsuit on August 7, 2024, against the state and the Brighton School District, alleging the school counselor assisted their high school freshman with what the lawsuit called a social, as opposed to medical, gender transition and did not notify the student's parents. The lawsuit argued that the action violated their 14th Amendment right under the Due Process Clause to direct and control the upbringing of their child and their First Amendment right to maintain family relationships without undue interference by the state. A spokesperson for the Colorado Department of Education said that after initial review they believed the lawsuit challenged state law and district policies.

• Colorado school district approves new middle school social studies curriculum to comply with state regulations (2024): Colorado's Summit School District on April 14, 2024, moved to adopt new social studies materials for middle school-aged students to comply with the Colorado Department of Education (CDE) standards adopted in 2022. CDE adopted the standards in response to the passage of HB 19-1192, the purpose of these standards, according to the CDE "[w]as to ensure that the history, culture and social contributions of minority groups, including African Americans, Latinos, Indigenous peoples, Asian Americans, Hawaiian/Pacific Islanders, and lesbian, gay, bisexual, and transgender individuals were recognized in Colorado's history and civics standards."

• Woodland Park District Board of Education adopts American Birthright social studies content standard (2023): Colorado's Woodland Park RE-2 School District School Board voted to implement the American Birthright social studies educational standard on January 11, 2023, one month after the Colorado State Board of Education rejected the social studies standard. The standard was created by the Civics Alliance, a coalition of education policymakers that aim to "preserve civics education that teaches students to take pride in what they share as Americans". The American Birthright standard emphasized "ideals of liberty, constitutional order, the expansion of liberty, the preservation of the republic, the expansion of the republic, commercial expansion, national interest, national unity, moral crusade, populist revolt, and moderation," according to the text of the standard. Some Woodland Park community members argued that the standard doesn't reflect the community's view, and some teachers resigned over the change. Superintendent Ken Witt said he believed these standards were in accordance with Woodland Park School District's values. "

See also

• Local school board authority across the 50 states
• K-12 curriculum authority, requirements, and statutes in the states
• State policies on cellphone use in K-12 public schools
• Rules governing school board election dates and timing
• Charter schools
• School choice
• Parents' Bill of Rights in education
• Ballotpedia:Index of Contents
• Support our work

Footnotes

Ballotpedia

About

Overview • What people are saying • Support Ballotpedia • Contact • Contribute • Job opportunities

---

Executive: Leslie Graves, Founder and CEO • Gwen Beattie, Chief Operating Officer

Communications: Alison Graves, Director of Communications • Carley Allensworth • Abigail Campbell • Frank Festa • Sarah Groat • Nathaniel Harwood • Dillon Redmond • Erica Shumaker
External Relations: Geoff Pallay, Director of External Relations • Ken Carbullido, Vice President of Election Product and Technology Strategy • Ashley Fleming • Thomas Mardik • Hannah Nelson
Operations: Meghann Olshefski, Director of Operations • Amanda Herbert • Mandy Morris • Caroline Presnell • Kelly Rindfleisch
Tech: Matt Latourelle, Director of Technology Operations • Ryan Burch • Kirsten Corrao • Beth Dellea • Travis Eden • Tate Kamish • Margaret Kearney • Eric Lotto • Joseph Sanchez • Mary Susmitha

Contributors: Scott Rasmussen

---

Editorial Content

Josh Altic, Director of Content • Daniel Anderson, Associate Director of Elections & Data • Cory Eucalitto, Associate Director of Features • Ryan Byrne, Managing Editor of Ballot Measures • Mandy McConnell, Managing Editor of News • Doug Kronaizl, Managing Editor of Local Expansion • Abbey Smith, Managing Editor of Elections • Janie Valentine, Managing Editor of Law • Joel Williams. Managing Editor of Events • Andrew Bahl • Jaclyn Beran • Marielle Bricker • Joseph Brusgard • Emma Burlingame • Kelly Coyle • Jon Dunn • Thomas Ellis • Nicole Fisher • Joseph Greaney • Thomas Grobben • Jaime Healy-Plotkin • Brianna Hosea • Molly Kehoe • Tyler King • Glorie Martinez • Norm Leahy, Senior Editor • Nathan Maxwell • Jimmy McAllister • Brandon McCauley • Ellie Mikus • Ellen Morrissey • Mackenzie Murphy • Kaley Platek • Samantha Post • Adam Powell • Annelise Reinwald • Ethan Rice • Spencer Richardson • Victoria Rose • Briana Ryan • Myj Saintyl • Maddy Salucka • Emma Soukup • Alexis Thacker • Mina Vogel • Samuel Wonacott • Trenton Woodcox