(1) There is hereby created a department of education, the head of which shall be the commissioner of education, who shall be appointed by the state board of education.

(2) The state board of education, created by part 1 of article 2 of title 22, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of education.

(3) The state department of education and the office of the commissioner of education, created by part 1 of article 2 of title 22, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of education subject to the state constitution.

(4) The department of education shall include the state library, the ex officio head of which shall be the commissioner of education. The state library, created by article 90 of this title, and its powers, duties, and functions are transferred by a type 2 transfer to the department of education as a division thereof.

(5) The state board of teacher certification, created by article 1 of chapter 123, C.R.S. 1963, and its powers, duties, and functions are transferred by a type 3 transfer to the department of education as additional powers, duties, and functions of the state board of education, and the state board of teacher certification is abolished.

(6) Repealed.

(7) (Deleted by amendment, L. 2003, p. 1586, § 19, effective July 1, 2004.)

(8) The Colorado school for the deaf and the blind, as provided for in article 80 of title 22, C.R.S., and its powers, duties, and functions are transferred by a type 1 transfer to the department of education.

(9) The department of education shall include the state charter school institute established in section 22-30.5-503, C.R.S., and its powers, duties, and functions, as if the institute were transferred by a type 1 transfer to the department of education.

(10) The department of education shall include the division of online learning established in section 22-30.7-103, C.R.S., and its powers, duties, and functions, as if the division were transferred by a type 2 transfer to the department of education.

(11) (a) The department of education shall include the division of public school capital construction assistance established in section 22-43.7-105, C.R.S., and its powers, duties, and functions, as if the division were transferred by a type 2 transfer to the department of education.

(b) The department of education shall include the public school capital construction assistance board established in section 22-43.7-106, C.R.S., and its powers, duties, and functions, as if the board were transferred by a type 1 transfer to the department of education.

(12) The department of education shall include the facility schools unit established in section 22-2-403, C.R.S., and its powers, duties, and functions, as if the unit were transferred by a type 2 transfer to the department of education.

(13) The department of education shall include the facility schools board established in section 22-2-404, C.R.S., and its powers, duties, and functions, as if the board were transferred by a type 1 transfer to the department of education.

(14) The department of education shall include the Colorado state advisory council for parent involvement in education created in section 22-7-303, C.R.S., and its powers, duties, and functions, as if the council were transferred by a type 2 transfer to the department of education.

(15) The department of education shall include the office of dropout prevention and student re-engagement established in section 22-14-103, C.R.S., and its powers, duties, and functions, as if the office were transferred by a type 2 transfer to the department of education.

(16) The department of education shall include the concurrent enrollment advisory board created in section 22-35-107, C.R.S., and its powers, duties, and functions, as if the board were transferred by a type 2 transfer to the department of education.