AGO 84-22.
Case Date | November 28, 1984 |
Court | Colorado |
Colorado Attorney General Opinions
1984.
AGO 84-22.
November 28, 1984Department of
Law
Attorney General Opinion FORMAL
OPINION of DUANE WOODARD
Attorney General Opinion No. 84-22
AG Alpha
No. LE HR AGANQ Representative Paul Schauer
Colorado
House of Representatives
State Capitol
Denver, CO
80203 RE: Constitutional
impediments to legislative action concerning the reorganization of higher
education in ColoradoDear Representative Schauer:
In your letter of September 4, 1984 you asked four questions
regarding constitutional impediments to legislative action concerning the
reorganization of higher education in Colorado. The questions and my
conclusions are as follows:
QUESTIONS PRESENTED AND CONCLUSIONS
To what extent could legislation be enacted to reorganize the
governance system of higher education, notwithstanding the listing of
institutions and the specific reference to the regents of the University of
Colorado in article VIII, section 5?
My conclusion is that the general assembly has broad authority to
enact legislation to reorganize the governance system of higher education. In
my opinion, article VIII, section 5 of the Colorado Constitution establishes
ultimate authority for the governance of institutions of higher education in
the general assembly, with the exception that the right to control the medical
center at Denver is reserved in the board of regents.
Could any of the institutions under the regents, with their
facilities, faculty, administration, and students, be made a part of a
governance system apart from the regents without specific constitutional
changes being made in section 5 of article VIII?
My conclusion is "yes."
Could additional institutions be placed under the jurisdiction of
the board of regents by statute, without amending the constitution to add that
campus to the authority of the regents?
My conclusion is "yes."
Could a board be created by statute to have authority over the
role and mission of the campuses of the University of Colorado including the
power to initiate or to terminate academic and support programs?
My conclusion is "yes." Although the internal affairs of the
University of Colorado remain within the exclusive control of the regents, the
general assembly has broad authority to plan and manage state educational
programs.
ANALYSIS
Article VIII, section 5 of the Colorado Constitution was a
referred bill from the general assembly and was submitted to the electorate as
amendment 4 on the 1972 ballot. The section reads as follows:
(1) The following educational institutions are declared to be
state institutions of higher education: The university at Boulder, Colorado
Springs, and Denver; the university at Fort Collins; the school of mines at
Golden; and such other institutions of higher education as now exist or may
hereafter be established by law if they are designated by law as state
institutions.
The establishment, management, and abolition of the state
institutions shall be subject to the control of the state, under the provisions
of the constitution and such laws and regulations as the general assembly may
provide; except that the regents of the university at Boulder, Colorado Springs
and Denver may, whenever in their judgement the needs of that institution
demand such action, establish, maintain, and conduct all or any part of the
schools of medicine, dentistry, nursing, and pharmacy of the university,
together with hospitals and supporting facilities and programs related to
health, at Denver; and further, that nothing in this section shall be construed
to prevent state educational institutions from giving temporary lecture courses
in any part of the state, or conducting class excursions for the purpose of
investigation and study; and provided further, that subject to prior approval
by the general assembly, nothing in this section shall be construed to prevent
the state institutions of higher education from hereafter establishing,
maintaining, and conducting or disconducting centers, medical centers, or
branches of such institutions in any part of the...
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