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Opting Out of CSAP: Legal Issues
It would seem some administrators think that it is not legal to opt out. We would like to direct your attention to Title 22 Article 1, 5 (a) Section 123 of the Colorado Revised Statutes and Article IX (9), Sections 15 & 16 of the State Constitution. Or check the material for yourself by clicking the hyperlink or copying and pasting this in your browser.
Article IX (9) Section 15 says the following:
Article IX, Section 15. School districts - Board of Education.
The general assembly shall, by law, provide for 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.
In Cary v. Bd. of Education., 598 F.2d 235 (10th Cir. 1979), The court
states:
It is legitimate for the curriculum of the school district to reflect the value system and educational emphasis which are the collective will of those whose children are being educated and who are paying the costs."