School Board Elections Director District Residents

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED SENATE BILL 26-057 LLS NO. 26-0587.02 Jacob Baus x2173 SENATE SPONSORSHIP Baisley, HOUSE SPONSORSHIP Marshall, Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT CONCERNING LOCAL SCHOOL BOARD DIRECTORS ELECTED BY THE ELIGIBLE ELECTORS RESIDING WITHIN THE DIRECTOR DISTRICT.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Under current law, local school board members are voted on at large by the eligible electors of the school district, with exceptions. The bill requires that local school board members be voted on by the eligible electors residing within the director district and creates an exclusion of this requirement for school districts that enroll fewer than 6,500 students. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 22-31-105, amend (2), (4)(a), (4)(b), and (6)(a); and add (2.5) as follows: 22-31-105. School directors - number - election - term - plan of representation.

(2) Except as otherwise provided in section 22-31-131 (1.5)(b)(I) and subsection (6.5) SUBSECTIONS (1)(b), (2.5), AND (6.5) of this section, all school directors shall MUST be voted on at large by the eligible electors of the entire school district, regardless of the school district's plan of representation BY THE ELIGIBLE ELECTORS RESIDING WITHIN THE DIRECTOR DISTRICT.

(2.5) SUBSECTION (2) OF THIS SECTION DOES NOT APPLY TO A SCHOOL DISTRICT WHOSE TOTAL STUDENT ENROLLMENT IS SIX THOUSAND FIVE HUNDRED OR FEWER STUDENTS IN THE SCHOOL YEAR IN WHICH A DIRECTOR ELECTION OCCURS OR ANY OF THE FIVE SCHOOL YEARS BEFORE THE DIRECTOR ELECTION OCCURS. FOR A DISTRICT DESCRIBED IN THIS SUBSECTION (2.5), SCHOOL DIRECTORS MAY BE VOTED ON AT LARGE BY THE ELIGIBLE ELECTORS OF THE ENTIRE SCHOOL DISTRICT IN ACCORDANCE WITH THE SCHOOL DISTRICT'S PLAN OF REPRESENTATION.

(4) (a) The board of education of a 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 number of directors; except that the school district shall not elect fewer than five nor more than seven directors. The proposal shall MUST be adopted by resolution of the board at least one hundred ten days prior to the election. As provided in subsection (7) of this section, the board of education may simultaneously adopt a resolution to submit a proposal to change the school district plan of representation;

except that, if the existing school directors are elected pursuant to a director district plan of representation, the board of education shall simultaneously adopt a resolution to submit a proposal to either change the boundaries of the director districts to reflect the change in the number of directors, or change the school district plan of representation to adopt an at-large plan of representation or a combined director district and at-large plan of representation UNLESS A SCHOOL DISTRICT IS SUBJECT TO

SECTION 22-31-131 OR SUBSECTION (1)(b) OR (2.5) OF THIS SECTION.

(b) Upon receipt of a written petition that meets the requirements specified in this paragraph (b) SUBSECTION (4)(b), the board of education of a school district shall submit to the eligible electors of the school district, at the next regular biennial school election, a proposal to change the number of directors; except that the school district shall not elect fewer than five nor more than seven directors. As provided in subsection

(7) of this section, the persons submitting the petition may simultaneously submit a petition to change the school district plan of representation. If the existing school directors are elected pursuant to a director district plan of representation and no change to the school district plan of representation is submitted by petition, the board of education shall adopt a resolution to submit a proposal to either change the boundaries of the director districts to reflect the change in the number of directors, UNLESS A SCHOOL DISTRICT IS SUBJECT TO SECTION 22-31-131 OR SUBSECTION (1)(b) OR (2.5) OF THIS SECTION, or change the school district plan of representation to adopt an at-large plan of representation or a combined director district and at-large plan of representation. Any petition submitted pursuant to this paragraph (b) shall SUBSECTION (4)(b) MUST be signed by at least five percent of the eligible electors of the district and shall MUST be submitted to the secretary of the board of education at least one hundred ten days prior to the election.

(6) (a) The board of education of any school district that desires to propose a change in its plan of representation may submit a plan to implement such THE change to the eligible electors of the school district at any regular biennial school election or at a special school election called by the board for that purpose. A change in the plan of representation may consist of the adoption of a director district plan of representation, the elimination of a director district plan of representation and replacement with an at-large plan of representation, or the adoption of a plan of representation that combines director districts with an at-large plan of representation. A DISTRICT THAT IS SUBJECT TO SUBSECTION (2) OF THIS REPRESENTATION TO AN AT-LARGE PLAN OF REPRESENTATION. The plan shall MUST be adopted by the board of education at least one hundred ten days prior to the election.

SECTION IS PROHIBITED FROM CHANGING ITS PLAN OF

SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.