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School Districts Must Conform to the Strictest Order When State and Local Orders Conflict

The State of Colorado and local governments continue to issue sometimes overlapping public health orders to mitigate the effects of COVID-19. Schools must comply with the most restrictive of the current orders that apply to them. Districts that desire to continue some aspect of operations (e.g. construction activities) should review the applicable orders and consult with counsel to ensure compliance.

Though the Governor’s declaration of a state of emergency allows the Governor to suspend state statutes and the State Board of Education to suspend state rules, in the absence of an actual suspension, boards still must conduct normal business such as taking personnel actions and adopting budgets in compliance with established deadlines.

The COVID-19 pandemic has created challenges in Colorado and across the country, and that includes for school districts. We are actively monitoring legislation, executive orders, and resources related to the pandemic so that we can help board members and educators navigate the rapidly changing landscape and transition to distance learning. If you are not already in touch with one of our attorneys and would like to reach us for guidance, email is the best way to contact us.

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