Colorado § 24-1-115 - Department of education - creation.

§ 24-1-115. Department of education - creation.

(1) There is hereby created a department of education, the head of which shall be the commissioner of education, who shall be appointed by the state board of education.

(2) The state board of education, created in part 1 of article 2 of title 22, 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, subject to the state constitution.

(3) The state department of education and the office of the commissioner of education, created in part 1 of article 2 of title 22, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of education, subject to the state constitution.

(4) The department of education includes the state library, the ex officio head of which is the commissioner of education. The state library, created in article 90 of this title 24, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education as a division thereof, the commissioner of education, and the state board of education.

(5) The powers, duties, and functions of the department of education and the state board of education include the powers, duties, and functions of the state board of teacher certification, created in article 1 of chapter 123, C.R.S. 1963, and the state board of teacher certification is abolished.

(6) Repealed.

(7) (Deleted by amendment, L. 2003, p. 1586, § 19, effective July 1, 2004.)

(8) The department of education includes the Colorado school for the deaf and the blind, as provided for in article 80 of title 22, and the board of trustees of the Colorado school for the deaf and the blind, created in section 22-80-103. The Colorado school for the deaf and the blind and the board of trustees of the Colorado school for the deaf and the blind are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of education.

(9) The department of education includes the state charter school institute established in section 22-30.5-503. The state charter school institute 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.

(10) The department of education includes the division of online learning and the office of the director of the division established in section 22-30.7-103. The division of online learning and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department, the commissioner of education, and the state board of education.

(11) (a) The department of education includes the division of public school capital construction assistance and the director of the division established in section 22-43.7-105. The division of public school capital construction and the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of education.

(b) The department of education includes the public school capital construction assistance board established in section 22-43.7-106. The public school capital construction assistance board 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.

(12) The department of education includes the office of facility schools and the office of the director of the office of facility schools established in section 22-2-403. The office of facility schools and the office of the director of the facility schools unit are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department, the commissioner of education, and the state board of education.

(13) The department of education includes the facility schools board established in section 22-2-404. The facility schools board 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.

(14) The department of education includes the Colorado state advisory council for parent involvement in education created in section 22-7-303. The Colorado state advisory council for parent involvement in education is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education, the commissioner of education, and the state board of education.

(15) The department of education includes the office of dropout prevention and student re-engagement and the director of the office, established in section 22-14-103. The office of dropout prevention and student re-engagement and the director of the office are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of education, the commissioner of education, and the state board of education.

(16) The department of education includes the concurrent enrollment advisory board created in section 22-35-107. The concurrent enrollment advisory board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of education, the commissioner of education, and the state board.

Source: L. 68: p. 78, § 15. C.R.S. 1963: § 3-28-15. L. 75: (4)(c)(V) and (6) added and (4)(d) amended, p. 681, § 2, effective July 16. L. 77: (7) added, § 4, effective July 1. L. 2003: (7) amended and (8) added, p. 1586, § 19, effective July 1, 2004. L. 2004: (9) added, p. 1649, § 58, effective July 1. L. 2007: (10) added, p. 1084, § 4, effective July 1. L. 2008: (11) added, p. 1063, § 5, effective May 22; (12) and (13) added, p. 1381, § 2, effective May 27; (6) repealed, p. 1902, § 88, effective August 5. L. 2009: (15) added, (HB 09-1243), ch. 290, p. 1424, § 7, effective May 21; (16) added, (HB 09-1319), ch. 286, p. 1322, § 12, effective May 21; (14) added, (SB 09-090), ch. 291, p. 1445, § 20, effective August 5. L. 2022: (2), (3), (4), (5), (8), (9), (10), (11), (12), (13), (14), (15), and (16) amended, (SB 22-162), ch. 469, p. 3355, § 18, effective August 10. L. 2023: (12) amended, (SB 23-219), ch. 88, p. 335, § 18, effective April 20.

Cross references: For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.