The Colorado State Board of Education: Overseeing Public Education
The Colorado State Board of Education plays a crucial role in managing and supervising the state's public K-12 education system. This article delves into the board's composition, election processes, powers, duties, and its relationship with local school districts.
Composition and Election of the Board
The Colorado State Board of Education is an elected executive agency within the Colorado state government. The board consists of nine voting members, each elected to serve a six-year term. Eight members are elected from the state's eight congressional districts, while one member is elected at-large. This at-large seat was added during the election to avoid tied votes.
Elections to the board are staggered. The at-large seat and Districts 5 and 6 hold elections in years divisible by six. Two years later, elections take place for Districts 2, 4, and 8, followed by Districts 1, 3, and 7 two years after that. Colorado elects members to six-year terms on the State Board of Education in all even-numbered years.
The Constitutional amendment establishing the board specified that any registered voter could represent their congressional district on the board. Members of the board are elected by the registered electors of the state, voting at general elections, in such manner and for such terms as may be prescribed by law. Provisions may be made by law for election of a member from each congressional district of the state by the electors of such district. Each member from a congressional district of the state must be a qualified elector of that district. If the total number of congressional districts of the state is an even number, the additional member of the board is elected from the state at large.
Vacancy Procedures
The procedure for filling vacancies on the board is defined in Section 22-2-105.5 of the Colorado Revised Statutes. Within thirty days of a vacancy opening, a vacancy committee affiliated with the former board member's political party must convene to select a replacement who is a member of the same political party as the former board member.
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In some cases, the party's congressional central committee has a dedicated vacancy committee to select successors. If a specific vacancy committee does not exist, then the congressional central committee itself serves as the vacancy committee. If the party does not have a congressional central committee, then a vacancy committee is assembled according to the party's bylaws.
Candidates who run for the Colorado State Board of Education without being affiliated with a political party are required to select the members of their vacancy committee in advance when they declare their candidacy for the office.
If the vacancy committee does not nominate a successor within thirty days, the governor is given five days to select a successor affiliated with the same political party as the former board member. In the event that Colorado has an even number of congressional districts, an additional member is added to the board representing the state at-large. The vacancy procedure for this member differs in that the vacancy committee is required to nominate between three and five candidates from the former member's party. These candidates are interviewed by the other members of the board, who select a replacement from among them by a majority vote.
Powers and Duties of the Board
The duties of the board are laid out in the Colorado Revised Statutes. Section 22-2-106 charges the board with general oversight of the state's K-12 public schools and with appointing and overseeing the Colorado Commissioner of Education. The current Colorado Commissioner of Education is Susana Cordova (nonpartisan). The State Board of Education appoints the state's Commissioner of Education, who also serves as the secretary of the board. Board members are not compensated for their services.
The board is also responsible for accrediting public schools, approving the Colorado Department of Education's budget requests, and apportionment of state and federal education funds. As stated in their Legislative Priorities, the State Board of Education is responsible for the general supervision of public schools through collaboration with the legislative and executive branches and with non-profit organizations and the private sector. The board engages with stakeholders and the public in several ways.
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Relationship with Local School Districts
Local school districts still retain a great deal of authority. The Colorado Constitution states that the general assembly shall, by law, provide for [the] organization of school districts of convenient size, in each of which shall be established a board of education, to consist of three or more directors to be elected by the qualified electors of the district. Said directors shall have control of instruction in the public schools of their respective districts. According to Colorado’s Supreme Court in Colorado Congress of Parents v., Colorado is a “Local Control” state, meaning that several powers lie outside of the State Board of Education’s purview. Local school boards create laws and policies for the effective management of their respective districts, employ and hold the superintendent responsible for managing the district in accordance with federal law, state law, and the school board’s policies, and set educational goals for the school, based upon local laws and community input. The Colorado Association of School Boards describes local school board members as being in a “unique position to serve as a link between the school system and the public - connecting schools to the public and interpreting the public’s views of the schools.
Historical Context
When Colorado became a state in 1876, the Board of Education consisted of the Attorney General, Secretary of State, and the State Superintendent of Public Instruction. Education governance structures differ from state to state. In California, for example, the governor appoints the majority or all of the members of the State Board of Education. The chief state school officer-the State Superintendent in this case-is elected. In Florida, the governor appoints the majority or all of the members of the state board of education. The Constitution of Colorado was amended in 1948 to authorize an elected State Board of Education, and the first elections took place in November 1950.
Proposed Changes to Election Systems
Senate Bill 57 would have required elections to be more localized. Instead of electing school board members at large, as it’s called, the bill would have restricted the pool of voters to those who live in the cities or neighborhoods that the candidate would represent, similar to how Colorado elects its state representatives and congresspeople. State Sen. Mark Baisley stated it doesn’t make sense to have elections at large when candidates are geographically distributed and proposed having them elected locally where they can focus their time and resources for their elections.
Colorado Common Cause testified in favor of the bill, stating that at-large elections can lead to unrepresentative and discriminatory results, where a majority of seats are often won by candidates who agree with a majority of voters, leaving no room for minority opinions.
The Colorado Association of School Boards opposed the bill, stating that state law already allows school districts to change the way they elect school board members if voters agree to it. Teachers unions were also opposed to the bill.
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Ultimately, the bill was voted down. Two members of the Senate State, Veterans, & Military Affairs Committee agreed with the idea behind the bill, noting that more localized elections lead to more political and racial diversity among elected officials. However, they expressed concerns about the details, including how some school districts might draw the voting maps, fearing gerrymandering.
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