URGENT New Charter School Requirements
Colorado legislators recently passed and the Governor signed the Public School Finance Act (SB23-287). This year’s school finance act includes language that more clearly defines charter schools as public entities and designates charter school board members as “public officials.” While we will be providing more updates as to what these changes mean for charter schools, there are two items on which charter schools need to take quick action.
Oath of Office
First, and most importantly, all individuals serving on a charter school’s board of directors must take an oath of office and get a written copy of the oath filed with their county clerk by August 3, 2023. Future board members will have 80 days from joining the board to complete this requirement.
To comply with this requirement the charter school board must designate someone to administer the oath to each board member following the requirements below. We recommend designating any Officer to administer the Oath, you’ll need at least two individuals so designated so that someone can administer the oath to the primary designee. Once completed, the signed oaths will need to be filed with the clerk of the court.
The following individuals can administer the oath:
· “courts, judges, magistrates, referees, clerks, and deputy clerks” of district or county courts;
· “court reporters” who have “registered professional certification or higher”;
· a “person designated by the governing body, or any officer thereof”; and
· “notaries public.”
The person swearing shall do so with an uplifted hand. The oath or affirmation must be in writing and signed by the person taking the oath or affirmation and taken, signed, administered, and filed with county clerk.
The oath that must be read aloud states:
I [name], do [select swear, affirm, or swear by the everliving God] that I will support the constitution of the United States, the constitution of the state of Colorado, and the laws of the state of Colorado, and will faithfully perform the duties of the office of [name of office or position] upon which I am about to enter to the best of my ability.
(See C.R.S. § 24-12-101)
Click here to see a sample written form that CDE is distributing.
Inventory of Local Government
The second issue is something called an “inventory of local government,” which is filed with the Department of Local Affairs (“DOLA”). This deadline is August 13, 2023. This is most significant if you have begun or plan to only use online posting of your public meetings. If you are still using a physical posting, which we would recommend until such time as you’ve made the filing with DOLA, your meetings will be lawfully posted even if it takes a while for DOLA to iron out the process.
Here is an overview of how to register with DOLA:
Register your public entity’s information with the Colorado Department of Local Affairs – complete by 8/13/23
Please use this form
Email the form to dola_dlg_helpdesk@state.co.us
In considering what you list for the local government URL, we recommend using a URL that points directly to the applicable Board website; however, if you are considering a separate site, please consult with your legal counsel to ensure compliance with the Open Meetings Act
Please reach out if you have any questions regarding these new requirements.