NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 07-050
      
      
      BY SENATOR(S) Renfroe, Kopp, Penry, Schultheis, Spence, Taylor, and
      Ward;
      also REPRESENTATIVE(S) Summers, Gardner C., Kerr J., Labuda, and
      Todd.
      
      
      Concerning authorization of a school district employee to
           represent the school district in truancy proceedings.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  13-1-127, Colorado Revised Statutes, is amended BY
      THE ADDITION OF A NEW SUBSECTION to read:
      
           13-1-127.  Entities - school districts - legislative declaration -
      representation.  (7) (a)  A school district board of education may
      authorize, by resolution, one or more employees of the school
      district to represent the school district in truancy proceedings in
      any court of competent jurisdiction; except that the
      authorization of the board of education shall not extend to
      representation of the school district before a court of appeals or
      before the Colorado supreme court.
      
           (b)  A court may rely on the written resolution of the
      school district board of education that authorizes the named
      employee to represent the school district in truancy proceedings.
      
           (c)  An authorized employee who represents a school
      district in truancy proceedings pursuant to the provisions of this
      subsection (7) shall not be subject to the provisions of section
      12-5-112, C.R.S.
      
           (d)  A school district board of education's exercise of the
      option authorized by this section to be represented in truancy
      proceedings by an employee shall not alone be construed to
      establish personal liability of the representing employee or any
      other employee or a school director of the school district for
      action taken by the school district.
      
           SECTION 2.  13-1-127 (1), Colorado Revised Statutes, is amended
      BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to
      read:
      
           13-1-127.  Entities - school districts - legislative declaration -
      representation.  (1)  As used in this section, unless the context otherwise
      requires:
      
           (k)  "School district" means a school district organized and
      existing pursuant to law but does not include a junior college
      district.
      
           (l)  "Truancy proceedings" means judicial proceedings for
      the enforcement of the "School Attendance Law of 1963", article
      33 of title 22, C.R.S., brought pursuant to section 22-33-108, C.R.S.
      
           SECTION 3.  22-32-110 (1), Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW PARAGRAPH to read:
      
           22-32-110. Board of education - specific powers.  (1)  In addition
      to any other power granted to a board of education of a school district by
      law, each board of education of a school district shall have the following
      specific powers, to be exercised in its judgment:
      
           (mm)  To adopt a resolution, as provided in section 13-1-127
      (7), C.R.S., authorizing one or more employees of the school
      district to represent the school district in judicial proceedings
      brought to enforce the "School Attendance Law of 1963", article
      33 of this title.
      
           SECTION 4.  22-33-108 (4), Colorado Revised Statutes, is amended
      to read:
      
           22-33-108.  Judicial proceedings. (4)  It is the duty of the attorney
      for the school district, an employee authorized by the local board of
      education pursuant to section 13-1-127 (7), C.R.S., to represent the
      school district in truancy proceedings, the attendance officer
      designated by the local board of education, or the local board of education
      to initiate, when appropriate, proceedings for the enforcement of the
      compulsory attendance provisions of this article upon request by the
      attendance officer of the district or of the state.
      
           SECTION 5.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Joan Fitz-Gerald                      Andrew Romanoff
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO