Section 22-80-103 - Board of trustees - appointments - powers - duties - fund created(1)(a) There is created in the department of education a board of trustees for the Colorado school for the deaf and the blind. The board of trustees is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education. The board of trustees consists of seven members who are residents of Colorado, appointed by the governor with the consent of the senate. Of these seven members, at least one appointee must be a person who is blind and at least one appointee must be a person who is deaf. The governor shall ensure that, of the seven members of the board of trustees, at least one appointee is the parent of a child who is deaf or blind or both.(b) In making appointments pursuant to subsection (1)(a) of this section, the governor shall give due consideration to establishing and maintaining a geographical and urban and rural balance among the board members. No more than four of the seven members may be affiliated with the same political party. The commissioner of education or the commissioner's designee shall serve as an ex officio nonvoting member of the board of trustees. The terms of office of the board of trustees is four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. The governor may remove any member for misconduct, incompetence, or neglect of duty and shall fill all vacancies that occur.(2) The board of trustees shall elect a chair annually from among its members. Members of the board shall receive no compensation but are entitled to be reimbursed for necessary travel expenses incurred in the exercise of their official duties at the rate authorized for state employees. In addition, a member with sensory impairment is entitled to be reimbursed for reasonable expenses incurred in obtaining necessary assistance to fulfill his or her duties as a member of the board of trustees.(3) The board of trustees is authorized to promulgate rules pursuant to section 24-1-115 (8), C.R.S., to implement provisions of law relating to operation of the school.(4) In addition to any other powers granted by law to the board of trustees, the board shall have the following powers:(a) To have and use a corporate seal;(b) To sue and be sued in its own name;(c) To incur debts, liabilities, and obligations, subject to any limitations imposed thereon pursuant to law;(d) To cooperate and contract with the state or federal government or an agency or instrumentality thereof and to apply for and receive grants or financial assistance from any of such entities;(e) To act on behalf of the state of Colorado pursuant to a statutory authorization;(f) To acquire, hold, lease, sell, or otherwise dispose of real or personal property or a commodity or service;(g) To do or perform an act authorized by this article by means of an agent or by contract with a person, firm, or corporation;(h) To provide for the necessary expenses of the board of trustees in the exercise of its powers and the performance of its duties and reimburse a board member for expenses as provided in subsection (2) of this section;(i) To determine eligibility of students and procedures for admission to the school;(j) To provide for the students of the school necessary bedding, food, and medical services and such other things as may be proper for the health and comfort of the students without cost to their parents;(k) To provide for the proper keeping of accounts and records and for budgeting of funds;(l) To act as a public entity for purposes of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.;(m) To set tuition and other fees for nonresidents of the state and to enter into contracts for the admission of nonresident students into the school; and(n) To exercise any other powers that are essential to carrying out the provisions of this article.(5)(a) The board of trustees is authorized to receive gifts, grants, and donations from private or public sources in accordance with conditions prescribed by the donor; but no gift, grant, or donation shall be accepted if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law. Gifts, grants, and donations received by the board of trustees may be transmitted to the state treasurer who shall credit the same to the Colorado school for the deaf and the blind trust fund created in paragraph (b) of this subsection (5) or may be transferred to a nonprofit entity described in section 24-1-107.5 (2)(a)(II)(F), C.R.S. The board of trustees may sell or convey by bill of sale, deed, or other legal instrument any property, real or personal, received as a gift, donation, or bequest, upon such terms and conditions as the board of trustees deems to be in the best interest of the school and its students.(b) The Colorado school for the deaf and the blind trust fund is hereby created, and referred to in this subsection (5) as the "trust fund". The trust fund shall consist of moneys acquired from private sources and any moneys received by the school and deposited with the state treasurer prior to July 1, 2004, and any interest earned thereon. All income derived from the deposit and investment of moneys in the trust fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the trust fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.(c) The board of trustees is hereby authorized to expend such amounts from the trust fund as the board of trustees deems to be in the best interest of the school and its students.(6) Title to any gift, donation, or bequest received by the board of trustees on behalf of the school shall vest in the board of trustees. Title to all other property and other assets of the school shall vest in the state board of education, but the board of trustees shall have complete jurisdiction over the management of the school.(7) Notwithstanding section 24-1-136 (11)(a)(I), the board of trustees shall transmit, on or before January 1, 2005, and on or before January 1 of each year thereafter, a report to the education committees of the senate and house of representatives that contains the following: (a) All school performance report data for the school, as specified by the department of education;(b) All training, mentoring, and professional development activities arranged for the school's teachers; and(c) Any parental education and parental involvement components in the school's program.Amended by 2022 Ch. 469, § 30, eff. 8/10/2022.Amended by 2022 Ch. 2, § 36, eff. 2/25/2022.Amended by 2017 Ch. 242, § 20, eff. 8/9/2017.L. 77: Entire article added, p. 1091, § 2, effective July 1. L. 97: Entire section amended, p. 1139, § 8, effective May 28. L. 2003: Entire section R&RE, p. 1579, § 4, effective 7/1/2004. L. 2009: (7)(a) amended, (SB 09 -163), ch. 293, p. 1546, § 54, effective May 21; (1)(a) amended, (SB 09 - 09 0), ch. 291, p. 1441, § 8, effective August 5. L. 2017: IP(7) amended, (HB 17-1267), ch. 242, p. 998, § 20, effective August 9.(1) Subsection (1)(c)(II) provided for the repeal of subsection (1)(c), effective January 1, 2005. (See L. 2003, p. 1579.)
(2) For a type 1 transfer referenced in subsection (1), see § 24-1-105. 2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).