Colorado

C.R.S.A. § 22-31-105

WEST'S COLORADO REVISED STATUTES ANNOTATED

TITLE 22. EDUCATION

SCHOOL DISTRICTS

ARTICLE 31. SCHOOL DISTRICT DIRECTORS--ELECTION

§ 22-31-105. School directors--number--election--term

(1) In each school district organized under the "School District Organization Act of 1957", five, six, or seven school directors shall be elected, the number having been established in the organizational plan as required by law. Following the initial election, to be held in accordance with the provisions of the "School District Organization Act of 1957", the school directors shall be elected at the respective regular biennial school elections, each for a term of four years and until a successor has been elected and qualified.

(2) In each school district organized under the provisions of the "School District Reorganization Act of 1949" and affected by section 22-30-139, five school directors shall be elected at the respective regular biennial school

elections, each for a term of six years and until a successor has been elected and qualified.

(3) In each school district with three school director offices on July 1, 1963, the terms of office of the school directors which would otherwise expire in 1964 and 1966 shall be automatically extended until the regular biennial school election in 1965 and 1967, respectively. At the regular biennial school election in 1965, four school directors, three for four-year terms of office and one for a two-year term of office, shall be elected. As the term of office of each school director in the districts expires, a successor shall be elected for a four-year term of office and until a successor has been elected and qualified.

(4) In each school district not included in subsections (1) to (3) of this section, and having a school enrollment of less than forty thousand, one director shall be elected at the regular biennial school election in 1965, and every six years thereafter; two directors shall be elected at the regular biennial school election in 1967, and every six years thereafter; and two directors shall be elected at the regular biennial school election in 1969, and every six years thereafter; except that in any school district in which the term of office of none of the directors shall expire in 1965, and the terms of office of three of the directors shall expire in 1969, two directors shall be

elected at the regular biennial school election in 1967 and every six years thereafter, and two directors shall be elected at the regular biennial school election in 1969 and every six years thereafter, and one director shall serve until the regular biennial school election in 1971, at which time one director shall be elected for a six-year term and every six years thereafter; except that in any such school district in which any school director's term of office shall expire during an even-numbered year, such term of office shall be automatically extended until the next regular biennial school election. The term of office of each such school director shall be six years and until a successor is elected and qualified.

(4.5) On and after January 1, 1993, in each school district coterminous with a city and county, there shall be elected a seven-member board of education with one eligible elector elected from each of five director districts and two eligible electors elected from the district at large. School directors shall be elected at the respective regular biennial school elections, each for a term of four years and until a successor has been elected and qualified. Elections shall be held in accordance with the procedures established in section 22-31- 131.

(5) In each school district having a school enrollment of at least eight thousand but less than forty thousand which has voted to increase the number of

school directors to seven as provided in subsection (8) of this section, and in each school district not included in subsections (1) to (3) of this section and having a school enrollment of forty thousand or more, seven directors shall be elected, each for the term designated, and until his successor is elected and qualified as follows:

(a) For any such district having seven directors as of March 26, 1964, three directors shall be elected at the regular biennial school election of 1965, and every six years thereafter; two directors shall be elected at the regular biennial school election in 1967 and every six years thereafter; and two directors shall be elected at the regular biennial school election in 1969 and every six years thereafter. The term of office of each school director shall be six years and until a successor is elected and qualified.

(b) For any school district which, as a result of growth in school enrollment, comes under the provisions of this subsection (5), thereby increasing the required number of directors thereof from five to seven, at the first regular biennial school election following the enrollment growth two additional directors shall be elected. If, at such election, two directors are already required to be elected for six-year terms, one of such additional directors shall be elected for a two-year term of office and the other shall be elected for a four-year term of office; otherwise, both additional directors shall be elected for six-year terms of office. Thereafter, any successor shall be elected for a six-year term of office.

(c) For any school district which has voted to increase the number of directors from five to seven at an election as provided in subsection (8) of this section, at the first regular biennial school election following the vote two additional directors shall be elected. If the two additional directors are to be elected for the first time in 1971, or any sixth year thereafter, they shall be elected for six-year terms of office, and thereafter any successors shall be elected for six-year terms. If such two additional directors are to be elected for the first time in 1973, or any sixth year thereafter, they shall be elected for four-year terms of office; thereafter any successors shall be elected for six-year terms. If such two additional directors are to be elected for the first time in 1975, or any sixth year thereafter, they shall be elected for two-year terms of office; thereafter any successors shall be elected for six-year terms.

(6) All school directors shall be voted on at large by the eligible electors of the entire school district, whether or not the district has a director district plan of representation.

(7)(a)(I) The board of education of any school district may, by resolution passed by a majority of the whole board, submit to the eligible electors of the

school district, at the next regular biennial school election, a proposal to change the terms of office of the directors of the district from six years to four years, or from four years to six years, as the case may be. The proposed plan shall be adopted by resolution of the board at least sixty days prior to the election.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a) and paragraph (b) of this subsection (7), the board of education of any school district whose directors serve six-year terms shall be required to submit to the eligible electors of the school district, at the regular biennial school election to be held in November of 1993, a proposal to change the terms of office of such board from six years to four years. Notice of the election on such proposal shall be made in the manner provided by paragraph (d) of this subsection (7). The ballot shall contain the words "For the continuation of the current six-year term of office for school directors" and "For the change in the current six-year term of office for school directors to a four-year term of office". Otherwise the ballots and election procedures shall be the same as prescribed for the regular biennial school election. If a majority of the votes at said election shall be "For the continuation of the current six-year term of office for school directors", the school directors of said district shall continue to be elected or appointed as prescribed in this section. If a

majority of the votes at said election shall be "For the change in the current six-year term of office for school directors to a four-year term of office", the plan shall become effective upon canvass of election returns.

(b) Upon written petition the board of education of any school district shall submit to the eligible electors of the school district, at the next regular biennial school election, a proposal to change the terms of office of the directors of the district from six years to four years, or from four years to six years, as the case may be. The petition shall be signed by at least five percent of the eligible electors of the district, and the proposed plan, specifying terms of office and establishing the procedure for making the transitions, shall be attached thereto. The petition, together with the proposed plan, shall be submitted to the secretary of the board of education at least ninety days prior to the election.

(c) No proposal to change the terms of office of the directors of the district shall be submitted within four years after a previous proposal to change the terms of office has been submitted to the eligible electors of the district.

(d) The secretary of the board of education shall cause notice to be given pursuant to sections 1-5-204 and > 1-5-205, C.R.S., that at the next biennial election for school directors a plan revising the terms of office of school directors will be submitted to the eligible electors of the district. The notice shall state that the plan is on file in the administration offices of the district for public inspection during reasonable business hours; and the notice may be combined with the notice otherwise required for the election of school directors at the regular biennial school election.

(e) The ballot shall contain the words "For the __________ (four) (six) year term of office for school directors" and "Against the __________ (four) (six) year term of office for school directors". Otherwise, the ballots and election procedures shall be the same as prescribed for the regular biennial school election.

(f) If a majority of the votes cast at the election are "For the __________ (four) (six) year term of office for school directors" the plan shall become effective upon the survey of election returns. If a majority of the votes cast are "Against the __________ (four) (six) year term of office for school directors" the school directors of the district shall continue to be elected or appointed as prescribed in this section.

(7.5) In each school district organized under the "School District Organization Act of 1992", > [FN1] five or seven school directors, the number having been established in the final approved plan of organization as required by section 22-30-114, shall be elected to serve four-year terms only, and such terms shall not be increased to six years, notwithstanding the provisions of

subsection (7) of this section. In addition, any school district in the state having school directors elected to serve four-year terms as of July 1, 1992, shall not increase such terms to six years, notwithstanding the provisions of subsection (7) of this section.

(8)(a) The board of education of any school district having a school enrollment of at least eight thousand but less than forty thousand, and having five school directors elected without a director district plan of representation, may, by resolution passed by a majority of the whole board, submit to the eligible electors of the school district, at the next regular biennial school election, a proposal to increase the number of directors from five to seven. The proposal shall be adopted by resolution of the board at least sixty days prior to the election.

(b) Upon written petition the board of education of any school district having a school enrollment of at least eight thousand but less than forty thousand, and having five school directors elected without a director district plan of representation, shall submit to the eligible electors of the school district, at the next regular biennial school election, a proposal to increase the number of directors from five to seven. The petition shall be signed by at least ten percent of the eligible electors of the district and shall be submitted to the secretary of the board of education at least ninety days prior to the election.

(c) The secretary of the board of education shall cause notice to be given pursuant to sections 1-5-204 and > 1-5-205, C.R.S., that at the next regular biennial election for school directors a proposal to increase the number of directors from five to seven will be submitted to the eligible electors of the district.

(d) The ballot shall contain the words "For increasing the number of school directors from five to seven" and "Against increasing the number of school directors from five to seven". Otherwise the ballots and election procedures shall be the same as prescribed for the regular biennial school election.

(e) If a majority of the votes cast on the question are "For increasing the number of school directors from five to seven", the plan shall become effective for the election of school directors at subsequent regular biennial school elections as provided in paragraph (c) of subsection (5) of this section. If a majority of the votes cast are "Against increasing the number of school directors from five to seven", there shall continue to be five school directors in such district.

(9)(a) In any school district in which the terms of office of the directors expire on a schedule that does not create as close to the same number of offices to be filled at each regular biennial school election as possible, the board of education may, by resolution passed by a majority of all members of the board of education, extend or reduce for two years one or more terms of directors to be elected at the next regular biennial school election as necessary to achieve thereafter as close to the same number of offices to be filled at each regular biennial school election as possible. The extension or reduction of terms of office shall occur only once; thereafter, all terms of the members of the board of directors shall be equal.

(b) In determining which term or terms to extend or reduce, the board of education shall select, first, the term or terms for which an early election is scheduled at the next regular biennial school election due to the occurrence of a vacancy in the office of school director and, second, the term or terms regularly expiring at the next succeeding regular biennial school election. In the event it is necessary for the board of education to select between two or more terms of equal priority for extension or reduction under this subsection (9), the determination shall be by lot.

(c) The resolution extending or reducing the terms of office shall be adopted not less than forty-five days prior to the next regular biennial school election. A candidate shall run for and, if elected, shall serve the term as is appropriate for the director district in which the candidate resides; however, if the school district has an at-large method of representation, each candidate shall run for and, if elected, shall serve for the designated term as

provided for in > section 1-4-803(3), C.R.S.

C.R.S.A. § 22-31-107

WEST'S COLORADO REVISED STATUTES ANNOTATED

TITLE 22. EDUCATION

SCHOOL DISTRICTS

ARTICLE 31. SCHOOL DISTRICT DIRECTORS--ELECTION

§ 22-31-107. Qualification and nomination of candidates for school director

(1) Any candidate for the office of school director of a school district shall be an eligible elector of the district and shall have been a resident of the district for at least twelve consecutive months prior to the election. If the school district has a director district plan of representation, the candidate shall be a resident of the director district that will be represented, unless the candidate has been elected at the time of or prior to the adoption of a director district plan of representation by the eligible electors of the district.

(2) Any person who desires to be a candidate for the office of school director shall file a written notice of intention with the secretary of the board of education of the school district in which the person resides prior to sixty-six days before the election date, together with a nomination petition according to the provisions of section 1-4-803 and part 9 of article 4 of title 1, C.R.S.

(3), (4) Deleted by Laws 1992, H.B.92-1333, S 31, eff. Jan. 1, 1993.

(5)(a) Any person who has been convicted of commission of a sexual offense against a child shall not be eligible for the office of school director of a school district. If a person becomes ineligible pursuant to the terms of this subsection (5) while serving as a school director, a vacancy shall be deemed to exist that shall be filled as provided in section 22-31-129.

(b) For purposes of this subsection (5), "sexual offense against a child" means any of the offenses described in > sections 18-3-405 and > 18-3-405.3, > 18-3-305, > 18-6-301, > 18-6-302, > 18-6-402 to > 18-6-404, and > 18-7- 402 to > 18-7-406, C.R.S., and any of the offenses described in > sections 18-3-402 to > 18-3-404 and > 18-7-302, C.R.S., where the victim is less than eighteen years of age. "Sexual offense against a child" also means attempt, solicitation, or conspiracy to commit any of the offenses specified in this paragraph (b).

(c) For purposes of this subsection (5), "convicted" includes having pleaded guilty or nolo contendere or having received a deferred judgment and sentence; except that a person shall not be deemed to have been convicted if the person

has successfully completed a deferred sentence.

C.R.S.A. § 22-31-129

§ 22-31-129. Vacancies

(1) A school director office shall be deemed to be vacant upon the occurrence of any one of the following events prior to the expiration of the term of office:

(a) If for any reason a school director is not elected to a school director office by the eligible electors as may be required at a regular biennial school election;

(b) If the person who was duly elected or appointed fails, neglects, or refuses to subscribe to an oath of office as provided in section 22-31-125 within ten days after receipt of the certificate of election or appointment;

resignation to the board of education and such resignation has been duly accepted by the board of education;

(d) If the person who was duly elected or appointed is or becomes during the term of office a nonresident of the school district in which the person was elected or, in the event the district has a director district plan of representation, if the director is or becomes during the term of office a nonresident of the director district which the director represents unless the director has been elected at the time of or prior to the adoption of a director district plan of representation by the electors or prior to a revision and redesignation of director district boundaries;

(e) If the person who was duly elected or appointed is found guilty of a felony;

(f) If a court of competent jurisdiction voids the officer's election or appointment or removes the person duly elected or appointed for any cause whatsoever, but only after his right to appeal has been waived or otherwise exhausted;

(g) If a court of competent jurisdiction determines that the person duly elected or appointed is insane or otherwise mentally incompetent, but only after the right to appeal has been waived or otherwise exhausted, and a court enters, pursuant to part 3 or part 4 of article 14 of title 15 or > section

27-10-109(4) or > 27-10-125, C.R.S., an order specifically finding that the insanity or mental incompetency is of such a degree that the person is incapable of serving as a school director;

(h) If the person who was duly elected or appointed does not attend three consecutive regular meetings of the board of education, unless the board by resolution shall approve any additional absences or unless the absences are due to a temporary mental or physical disability or illness;

(i) If the person who was duly elected or appointed dies during the term of office.

(2) At the next board of education meeting immediately following the occurrence of any condition specified in subsection (1) of this section, the board of education of the district shall adopt a resolution declaring a vacancy in the school director office, and the board of education of the school district in which the vacancy occurs shall appoint a person to fill the vacancy within sixty days after the vacancy has occurred. If the appointment is not made by the board within the sixty-day period, the president of the board shall forthwith appoint a person to fill the vacancy. The appointment shall be evidenced by an appropriate entry in the minutes of the meeting and the board shall cause a certificate of appointment to be delivered to the person so appointed. A duplicate of each certificate of appointment shall be forwarded

to the department of education.

(3) If the vacancy occurs more than ninety days prior to the next regular biennial school election and the unexpired term is for more than two years, an appointee to the office of school director shall serve until the next regular biennial school election when the successor for the remainder of the term is elected and has qualified. If the vacancy occurs within the ninety-day period prior to a regular biennial school election and the unexpired term is for more than two years, an appointee to the office of school director shall serve until the next succeeding regular biennial school election when a successor for the remainder of the term is elected and has qualified. Except as otherwise provided in this subsection (3), an appointee to the office of school director shall serve for the remainder of the unexpired term.

(4) Whenever the filling of a vacancy, as provided in subsection (3) of this section, causes terms of different duration to be open at the time of the regular election in a school district which has an at-large method of representation, candidates shall designate the term for which they are running in accordance with > section 1-4-803(3), C.R.S.

C.R.S.A. § 22-30-122

WEST'S COLORADO REVISED STATUTES ANNOTATED

TITLE 22. EDUCATION

SCHOOL DISTRICTS

ARTICLE 30. SCHOOL DISTRICT ORGANIZATION ACT OF 1992

PART 1. NEW OR ANNEXING SCHOOL DISTRICT ORGANIZATION

§ 22-30-122. Election of school directors in new school districts

(1) When a new school district is formed under the provisions of this part 1, the chair of the committee shall call for a special election in such new school district for the selection of a board of education for the school district, to be held on the day specified in the final approved plan of organization. At such election, five or seven school directors, the number having been established in the final approved plan of organization pursuant to the provisions of section 22-30-114(1)(h), shall be elected for four-year terms as follows:

(a) When five school directors are to be elected at such election, two school

directors shall be elected to serve until the next regular biennial school election and three school directors shall be elected to serve until the second regular biennial school election. As the term of office of each school director expires, a successor shall be elected for a four-year term of office.

(b) When seven directors are to be elected at such election, three school directors shall be elected to serve until the next regular biennial school election and four school directors shall be elected to serve until the second regular biennial school election. As the term of office of each school director expires, a successor shall be elected for a four-year term of office.

(c) The election of new school directors pursuant to this section shall be held in accordance with the "Colorado Election Code of 1980", referred to after January 1, 1993, as the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S., except as otherwise provided in this article.

(2) Within ten days after the first election of members of the board of education, the members so elected for such new school district shall meet and shall elect officers as provided by law and thereupon enter upon and perform all the duties and exercise all the powers of a board of education. Such officers shall be selected to serve until the next regular biennial school election.

(3) When the members of the board of education of the new school district

assume their duties as provided in this article, the board of education of any school district situated wholly within said new school district shall cease to function, and the terms of office of the members thereof shall thereupon automatically expire.

(4) Any person desiring to be a candidate for the office of director of a new school district formed under the provisions of this article shall be an eligible elector of the school district and, if directors in such new school district are elected under a director district plan of representation, a resident of the director district which the candidate seeks to represent. Each such candidate shall be nominated in the manner otherwise provided by law for school directors.