Colorado § 22-31-110 - Changes in director districts.

§ 22-31-110. Changes in director districts.

(1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), not later than December 31, 1972, and not later than December 31 of every fourth year thereafter, the board of education of each school district having a director district plan of representation or a combined director district and at-large plan of representation shall determine the population in each of the director districts and, if each director district does not contain substantially the same number of persons as each of the other director districts, it shall be the duty of the board, by resolution, to revise the director district boundaries and redesignate the director districts to comply with the specifications prescribed in section 22-31-109 without changing the number of director districts.

(b) (I) The provisions of this section shall not apply to any school district coterminous with a city and county. The director districts for any such school district shall be established as provided in section 22-31-131.

(II) Notwithstanding the other provisions of this section, for school districts in which members of the board of education are voted on by eligible electors of a director district, not later than March 1 of the year following the year in which the election is conducted pursuant to section 22-31-105 (6.5), not later than March 1, 2012, and not later than March 1 every tenth year thereafter, the board of education of each such school district shall determine the population in each of the director districts and, if each director district does not contain substantially the same number of persons as each of the other director districts, it shall be the duty of the board, by resolution, to revise the director district boundaries and redesignate the director districts to comply with the specifications prescribed in section 22-31-109 (2) without changing the number of director districts.

(2) The revision of director district boundaries and redesignation of the director districts shall become effective immediately upon adoption of the resolution by the board of education, but the revision and redesignation shall not operate to terminate the office of any school director holding office at the time of adoption of the resolution. The revision and redesignation shall be, thereafter, effective for filling of vacancies and the election of any school directors at any subsequent regular biennial school election. In the event that, as a result of a revision and redesignation, two or more members of the board of education reside in the same new director district, and the office of any one of the members thereafter becomes vacant, the vacancy shall be filled by the appointment of an eligible elector residing in a director district which does not then have a representative on the board of education.

(3) If the board of education has not revised the director district boundaries and redesignated the director districts as required by subsection (1) of this section, any eligible elector of the district may file, not later than January 15 next following the December 31 by which such revision and redesignation was to be accomplished, an action in the district court of the judicial district in which the principal administrative headquarters of the school district are located to require the board of education to revise the director district boundaries and redesignate the director districts no later than February 28 next following.

(4) Director district boundaries shall not be subject to alteration more often than twice every four years.

Source: L. 64: p. 600, § 10. C.R.S. 1963: § 123-31-10. L. 69: p. 1035, § 3. L. 71: p. 1166, § 3. L. 80: (4) amended, p. 424, § 3, effective January 1, 1981. L. 87: (2) and (3) amended, p. 313, § 42, effective July 1. L. 92: Entire article amended, p. 822, § 31, effective January 1, 1993. L. 99: (1) amended, p. 474, § 6, effective April 30. L. 2004: (1)(b) amended, p. 536, § 3, effective August 4.

ANNOTATION

In this section the general assembly expressly contemplated changes in director district boundaries to correct disparities of population. Sch. Dist. No. 1 v. Sch. Planning Comm., 164 Colo. 541, 437 P.2d 787 (1968) (decided under repealed § 123-31-10, C.R.S. 1963).