22-30-102. Legislative declaration.

Statute text

(1) The general assembly hereby declares that this article is enacted for the general improvement of the public schools in the state of Colorado; for the equalization of the benefits of education throughout the state; for the organization of public school districts in the state and the alteration of the boundaries of established school districts, in order to provide for the maintenance of a thorough and uniform system of free public schools throughout the state; and for a more responsible expenditure of public funds for the support of the public school system of the state. In order to accomplish these ends, this article shall be liberally construed.

(2) The general assembly further finds and declares that the provisions of this article shall apply in all of the following situations:

(a) The creation of one or more additional school districts within the existing boundaries of a school district;

(b) The consolidation of two or more school districts or parts of school districts into a new single school district;

(c) The dissolution and annexation of a school district when such school district fails to operate a school within the school district or when the state board declares the school district is no longer accredited;

(d) The detachment and annexation to revise, alter, or modify the boundaries of school districts for the purpose of more effective or economical operation or in order to provide better educational opportunities for the school age children resident in certain territory.

(2.5) The general assembly further finds and declares that the provisions of this article shall not apply to any detachment and annexation wherein county boundaries are modified.

(3) The general assembly further finds and declares that, except as provided in section 22-30-128, no reorganization of a school district shall occur without the appointment of a school organization planning committee to study the school organization and develop a plan for reorganization of the school district.

History

Source: L. 92: Entire article R&RE, p. 496, 1, effective June 1. L. 94: (2.5) added, p. 808, 13, effective April 27. L. 95: (3) amended, p. 605, 2, effective May 22.

Annotations

Editor's note: This section is similar to former 22-30-102 as it existed prior to 1992.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 22-30-102 is similar to repealed 123-25-2, C.R.S. 1963, and 123-8-2, CRS 53, relevant cases construing those provisions have been included in the annotations to this section.

The formation, dissolution, and change in boundaries of school districts are legislative matters. Hazlet v. Gaunt, 126 Colo. 385, 250 P.2d 188 (1952).

So are the number, nature, and powers of school districts. The general assembly has plenary powers to determine the number, nature, and powers of school districts and their territory. Sch. Dist. No. 1 v. Sch. Planning Comm., 164 Colo. 541, 437 P.2d 787 (1968).

The general assembly may abolish or dissolve school districts, subject to constitutional limitations. Hazlet v. Gaunt, 126 Colo. 385, 250 P.2d 188 (1952).

It is not necessary that the school districts affected give their consent to their abolition or dissolution by the general assembly, except as otherwise provided by statutes. Hazlet v. Gaunt, 126 Colo. 385, 250 P.2d 188 (1952).

The general assembly may modify or withdraw all powers granted to the school districts as it pleases. Sch. Dist. No. 1 v. Sch. Planning Comm., 164 Colo. 541, 437 P.2d 787 (1968).