As described in section 24-31-606, C.R.S., there is established the safe2tell program with the primary purpose of providing students and the community with the means to relay information anonymously concerning unsafe, potentially harmful, dangerous, violent, or criminal activities, or the threat of these activities, to appropriate law enforcement and public safety agencies and school officials.
Source: L. 2007: Entire section added, p. 685, � 2, effective May 3. L. 2012: Entire section amended, (SB 12-079), ch. 58, p. 213, � 5, effective March 24. L. 2014: Entire section amended, (SB 14-002), ch. 241, p. 892, � 3, effective August 6.
22-1-127. Incentives for school enrollment or attendance - prohibited - exceptions - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Item of value means an item, cash, or an instrument or device that can be used to obtain cash, credit, property, services, or any other thing of value, which item, cash, or instrument or device exceeds twenty dollars in value.
(b) Local education provider means:
(I) A school district, other than a local college district, organized and existing pursuant to law;
(II) A board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools;
(III) A public school of a school district, including but not limited to a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title;
(IV) An institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title; and
(V) The state charter school institute established in section 22-30.5-503.
(c) Parent means the biological or adoptive mother or father or stepmother or stepfather of a child or any other person having legal or physical custody of a child.
(2) A local education provider shall not offer or provide to a school-aged child or the child's parent an item of value prior to, upon, or after enrolling in or attending an educational program operated by the local education provider unless:
(a) The local education provider makes the item of value available to the child continuously or at regular intervals throughout the school year and ceases providing the item of value if the child leaves the education program prior to the end of the school year;
(b) The local education provider awards the item of value at the end of the school year or upon matriculation in recognition of student performance; or
(c) The local education provider pays the item of value to the school-aged child or to his or her parent in exchange for services rendered by the child or by the child's parent at the request of the local education provider. For purposes of this paragraph (c), services rendered does not include school attendance or enrollment.
Source: L. 2009: Entire section added, (HB 09-1125), ch. 113, p. 477, � 1, effective April 16.
22-1-128. Comprehensive human sexuality education - legislative declaration - definitions - guidelines and content standards. (1) (a) The general assembly hereby finds and declares that:
(I) Colorado youth have a right to receive medically and scientifically accurate information to empower them to make informed decisions that promote their individual physical and mental health and well-being;
(II) This right applies to all youth, regardless of geographic location, ethnic or racial background, family income, physical or intellectual ability, sexual orientation, or gender expression;
(III) Parents, caregivers, community organizations, and other trusted adults serve as an essential part of the education process and may rely on health, education, and other professionals to provide evidence-based information that empowers youth to make decisions that are consistent with their own values and life goals;
(IV) The information, education, and skills that Colorado youth receive during their formative years provide the foundation for responsible decision-making about personal behaviors and important life decisions throughout the rest of their lives;
(V) It is important for youth to understand the consequences of the inconsistent or improper use of sexual abstinence, birth control, or condoms. All comprehensive human sexuality education must stress the importance of the correct and consistent use of sexual abstinence, birth control, and condoms to prevent pregnancy and sexually transmitted infections;
(VI) The decisions an individual makes regarding his or her sexual and reproductive health impact the public health and welfare of the community in which the individual lives;
(VII) When compared to the national average, Colorado has a lower rate of teen births and a lower rate of certain sexually transmitted infections, according to the centers for disease control and prevention and the Colorado department of public health and environment. In spite of this data, Colorado youth still face many barriers in obtaining the medically accurate information and resources they need to make informed and responsible decisions and lead healthy lives.
(VIII) According to the centers for disease control and prevention, evidence-based, medically accurate, age-appropriate, culturally sensitive, and comprehensive sexuality education programs have been proven to help youth delay the onset of sexual activity, decrease the frequency of sexual activity, reduce the number of sexual partners, and increase condom and contraceptive use;
(IX) Sexual violence and teen dating violence is a pervasive and serious public health issue, placing teen victims at increased risk for adolescent pregnancy, sexually transmitted infections, low academic performance, truancy, dropout, and other harmful behaviors;
(X) According to the centers for disease control and prevention, these changes in behavior help prevent unintended pregnancy and the spread of sexually transmitted infections;
(XI) The Colorado general assembly passed House Bill 07-1292, enacted in 2007, to establish content standards for the provision of human sexuality courses taught in public schools throughout the state;
(XII) The Colorado general assembly passed the Public Health Reauthorization Act, Senate Bill 08-194, enacted in 2008, to create a statewide public health improvement plan to eliminate geographic-based and other disparities in the accessibility and availability of services through the state's public health agencies;
(XIII) The Colorado general assembly passed the Preschool to Postsecondary Education Alignment Act, Senate Bill 08-212, enacted in 2008, which states that all school district standards must meet or exceed established state standards, and that school districts must adopt curriculum and assessments that are consistent with these standards; and
(XIV) In 2009, the Colorado state board of education adopted academic content standards for comprehensive health education that support youth in making informed and responsible decisions about their health and in having access to the tools they need to live healthy lives.
(b) The general assembly further finds and declares that:
(I) There is a need to continue and expand efforts to ensure that all young people in Colorado have access to evidence-based, medically accurate, culturally sensitive, and age-appropriate comprehensive sexuality education, information, and resources to guide them in making informed decisions about their health and relationships. Additionally, schools need to promote healthy relationships through age-appropriate, culturally sensitive, and comprehensive human sexuality education, including providing information and resources for early intervention and response strategies to teen dating violence.
(II) The state of Colorado and eligible state agencies and other organizations must pursue funding and other federal support to implement comprehensive human sexuality education programs;
(III) The provisions of sexual and reproductive health education that incorporate comprehensive, evidence-based, culturally sensitive, and age-appropriate standards can result in youth delaying sexual activity until they are ready, avoiding unwanted consequences of sexual behavior, learning medically accurate information about their health, and promoting positive youth-friendly messages concerning growth, development, body image, gender roles, and all aspects related to healthy, safe relationships and sexual behavior; and
(IV) Broad-based community partnerships are essential when developing policies and implementing programs that affect the sexual and reproductive health of Colorado's youth.
(2) As used in this section, unless the context otherwise requires:
(a) Age-appropriate means topics, messages, and teaching methods suitable to a particular age or age group, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.
(b) Comprehensive human sexuality education means medically accurate information about all methods to prevent unintended pregnancy and sexually transmitted infections, including HIV, and the link between human papillomavirus and cancer, and other types of cancer involving the human reproductive systems, including prostate, testicular, ovarian, and uterine cancer. Methods must include information about the correct and consistent use of abstinence, contraception, condoms, other barrier methods, and other prevention measures. Additional contents of comprehensive human sexuality education must include:
(I) Encouraging family communication about sexuality;
(II) Focusing on the development of safe relationships, including the prevention of sexual violence in dating and teaching young people how to recognize and respond safely and effectively in situations where sexual or physical violence may be occurring or where there may be a risk for these behaviors to occur; and
(III) Teaching young people how alcohol and drug use can affect responsible decision-making.
(b.5) Consent means the affirmative, unambiguous, voluntary, continuous, knowing agreement between all participants in each physical act within the course of a sexual encounter or interpersonal relationship.
(c) Culturally sensitive means the integration of knowledge about individuals and groups of people into specific standards, requirements, policies, practices, and attitudes used to increase the quality of services. Culturally sensitive includes resources, references, and information that are meaningful to the experiences and needs of communities of color; immigrant communities; lesbian, gay, bisexual, and transgender communities; people who are intersex; people with physical or intellectual disabilities; people who have experienced sexual victimization; and others whose experiences have traditionally been left out of sexual health education, programs, and policies.
(d) Evidence-based program means a program that:
(I) Was evaluated using a rigorous research design, including:
(A) Measuring knowledge, attitude, and behavior;
(B) Having an adequate sample size;
(C) Using sound research methods and processes;
(D) Replicating in different locations and finding similar evaluation results; and
(E) Publishing results in a peer-reviewed journal;
(II) Research has shown to be effective in changing at least one of the following behaviors that contribute to early pregnancy and sexually transmitted infections, including HIV:
(A) Delaying sexual initiation;
(B) Reducing the frequency of sexual intercourse;
(C) Reducing the number of sexual partners; or
(D) Increasing the use of condoms and other contraceptives.
(d.3) Gender stereotype means a generalized view or preconception about what attributes, characteristics, or roles are, or ought to be, taught, possessed by, or performed by women and men.
(d.5) Healthy relationship means an interpersonal relationship that is free of physical, sexual, and emotional abuse, coercion, and violence.
(d.7) Human sexuality instruction or instruction means an oral, written, or digital lesson, lecture, or presentation given by school staff or nonschool staff that teaches about abstinence or sexual activity in the context of student health or healthy relationships. Instruction does not include student speech.
(d.9) Medically accurate means verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate, objective, and unbiased by the American Public Health Association, the American Academy of Pediatrics, or the American College of Obstetricians and Gynecologists.
(e) Positive youth development means an approach that emphasizes the many positive attributes of young people and focuses on developing inherent strengths and assets to promote health. Positive youth development is culturally sensitive, inclusive of all youth, collaborative, and strength-based.
(f) Sexual abstinence means not engaging in oral, vaginal, or anal intercourse or genital skin-to-skin contact.
(3) Except as otherwise provided in subsection (6) of this section, a school district, board of cooperative services, charter school, or institute charter school that offers a planned curriculum that includes comprehensive human sexuality education shall provide to the parent or guardian of each student, prior to commencing the planned curriculum:
(a) Written notification of the ability to excuse a student, without penalty or additional assignment, from that portion of the planned curriculum that includes comprehensive human sexuality education, upon the written request of the student's parent or guardian; and
(b) A detailed, substantive outline of the topics and materials to be presented in that portion of the planned curriculum related to comprehensive human sexuality education.
(4) Nothing in this section shall be construed to require an act or procedure in addition to the signature of the parent or guardian to excuse a student from a planned curriculum related to comprehensive human sexuality education.
(5) Each school district board of education, board of cooperative services, charter school, or institute charter school is encouraged to disseminate policies or instructions to the public schools of the school district, or board of cooperative services, or appropriate staff of the charter school or institute charter school to ensure the implementation of the provisions of this section in a manner that will not draw undue attention to, nor cause undue embarrassment for, students excused from a planned curriculum related to comprehensive human sexuality education.
(6) Human sexuality instruction is not required. However, if a school district, board of cooperative services, charter school, or institute charter school offers human sexuality instruction, the instruction must be comprehensive and meet the comprehensive human sexuality education content requirements. These requirements must:
(a) Encourage parental involvement and family communication;
(b) Include medically accurate information about methods to prevent unintended pregnancy and sexually transmitted infections, including HIV/AIDS, and the link between human papillomavirus and cancer. Methods taught shall include information about the correct and consistent use of abstinence, contraception, including all FDA approved forms of contraception, condoms, and other barrier methods and must be taught in a cohesive, integrated, objective manner so that youth learn the full scope of preventive methods available to them and are empowered to decide for themselves which preventive methods are best suited for their individual needs, beliefs, and values.
(c) Promote the development of healthy relationships by providing human sexuality instruction on:
(I) How to communicate consent, recognize communication of consent, recognize withdrawal of consent, and understand age of consent as it relates to section 18-3-402;
(II) How to avoid making unwanted verbal, physical, and sexual advances;
(III) How to avoid making assumptions about a person's supposed sexual intentions based on that person's appearance or sexual history; and
(IV) How to avoid pursuing a sexual encounter with a person or persuading a person to participate in a sexual encounter when that person has not provided consent or has withdrawn consent;
(d) Include discussions and information on how to recognize and respond safely and effectively in situations where sexual or physical violence may be occurring or where there may be a risk for these behaviors to occur;
(e) Include discussion of how alcohol and drug use impairs responsible and healthy decision-making;
(f) Be comprehensive, age-appropriate, culturally sensitive, inclusive of a positive youth development framework, and medically accurate;
(g) Provide instruction about the health benefits and potential side effects of using contraceptives and barrier methods to prevent pregnancy, including instruction regarding emergency contraception and the availability of contraceptive methods;
(h) For school districts that have established a character education program pursuant to section 22-29-103, promote the guidelines of behavior established in the character education program;
(i) Not emphasize sexual abstinence as the primary or sole acceptable preventive method available to students. A school district, board of cooperative services, charter school, or institute charter school shall not engage the instructional services of an organization or individual that is a direct or indirect recipient of money from the federal government pursuant to 42 U.S.C. sec. 710, as amended, because the guidelines of 42 U.S.C. sec. 710 are inconsistent with the provisions of this section.
(j) Provide age-appropriate information concerning sections 18-6-401 (9) and 19-3-304.5, or any successor laws, referred to generally as safe haven laws, relating to the safe abandonment of a child to a firefighter at a fire station or to a staff member at a hospital or a community clinic emergency center within the first seventy-two hours of the child's life.
(6.5) Comprehensive human sexuality education does not require instruction on pregnancy outcome options. However, if a school district, board of cooperative services, charter school, or institute charter school opts to provide instruction on pregnancy outcome options, the instruction must cover all pregnancy outcome options, including but not limited to adoption, abortion, parenting, and information concerning sections 18-6-401 (9) and 19-3-304.5, or any successor laws, referred to generally as safe haven laws. Instruction on pregnancy outcome options must be provided in an objective, unbiased manner and must not endorse or favor one or more pregnancy outcome options.
(7) (a) Nothing in subsection (6) or (6.5) of this section shall be interpreted to prohibit discussion of health, moral, ethical, or religious values as they pertain to comprehensive human sexuality, healthy relationships, or family formation. Such discussion is encouraged.
(b) However, human sexuality instruction must not explicitly or implicitly:
(I) Use shame-based or stigmatizing language or instructional tools;
(II) Employ gender stereotypes; or
(III) Exclude the health needs of intersex individuals or lesbian, gay, bisexual, or transgender individuals.
(8) Public schools, school districts, boards of cooperative services, charter schools, and institute charter schools are encouraged to involve teachers, school nurses, parents, and community members in the development of the requirements for comprehensive human sexuality curriculum required by subsection (6) of this section and to integrate available community resources into programs related to comprehensive human sexuality education.
(9) A school district, board of cooperative services, charter school, or institute charter school that has received, prior to July 1, 2013, direct or indirect funding from the federal government for the provision of an abstinence education program pursuant to 42 U.S.C. sec. 710 is not required to adopt requirements for comprehensive human sexuality curriculum for the provision of such instruction as described in this section for the year or years for which the school district, board of cooperative services, charter school, or institute charter school received such funding. On July 1, 2013, or thereafter, a school district, board of cooperative services, charter school, or institute charter school shall not use any direct or indirect funding from the federal government for the provision of an abstinence education program pursuant to 42 U.S.C. sec. 710. A school district, board of cooperative services, charter school, or institute charter school may use federal moneys for human sexuality education, as long as the human sexuality program of the school district board of cooperative services, charter school, or institute charter school meets the comprehensive human sexuality education model set forth in this section.
(10) Nothing in this section shall require amending any content standards related to comprehensive human sexuality education developed by the department and adopted by the state board prior to July 1, 2013.
(11) The provisions of this section shall not apply to students in kindergarten through third grade.
(12) A school district, board of cooperative services, charter school, or institute charter school may seek grant money pursuant to article 44 of title 25 to implement the comprehensive human sexuality education content requirements set forth in this section. However, compliance with this section is not contingent upon receipt of grant money pursuant to article 44 of title 25, nor is it contingent on receipt of any other state or federal funds, or public or private gifts, grants, or donations.
Source: L. 2013: Entire section added, (HB 13-1081), ch. 303, p. 1600, � 2, effective May 28. L. 2016: (1)(a)(IX) and IP(2)(b) amended, (SB 16-146), ch. 230, p. 919, � 15, effective July 1. L. 2019: (2)(b.5), (2)(d.3), (2)(d.5), (2)(d.7), (2)(d.9), (6)(i), (6)(j), (6.5), and (12) added and (2)(c), IP(6), (6)(b), (6)(c), (6)(f), (7), and (11) amended, (HB 19-1032), ch. 408, p. 3596, � 2, effective May 31.
Cross references: For the legislative declaration in HB 19-1032, see section 1 of chapter 408, Session Laws of Colorado 2019.
22-1-129. Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - grants - definitions - rules. (1) As used in this section, unless the context otherwise requires:
(a) Department means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(b) Repealed.
(c) Local education provider means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title, or a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools.
(d) Psychomotor skills development means the use of hands-on practice that supports cognitive learning.
(e) State board means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
(2) On and after September 1, 2014, each local education provider may apply for a grant or grants to provide instruction to students in any of grades nine through twelve and school staff in any of grades nine through twelve in cardiopulmonary resuscitation and the use of an automated external defibrillator. The instruction funded pursuant to this section must include a nationally recognized, psychomotor-skills-based instructional program that reflects current, national, evidence-based, emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator. The department shall administer the grant program pursuant to state board rules adopted pursuant to subsection (3) of this section.
(3) The state board shall promulgate rules concerning the grants awarded pursuant to this section, which rules must include, at a minimum:
(a) The process by which a local education provider may apply for and receive grant moneys pursuant to this section, including application requirements and deadlines;
(b) The number and amount of each grant and whether grants moneys will be awarded in the order applications are received or through some other method;
(c) The process for achieving a balanced distribution of grant moneys to applicants including rural, urban, and suburban local education providers; and
(d) Procedures for monitoring a local education provider's compliance with the provisions of this section and specifically that moneys awarded pursuant to this section are used for reasonable costs associated with psychomotor-skills-based cardiopulmonary resuscitation training and training on the use of automated external defibrillators, including but not limited to training materials and the temporary employment of cardiopulmonary resuscitation instructors or other trainers qualified to teach skills-based cardiopulmonary resuscitation training.
(4) Notwithstanding any other provision of this section to the contrary, the department shall not award grants pursuant to this section unless the department determines that it has received sufficient money through appropriations or gifts, grants, and donations to implement the program.
(5) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section; except that the department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. Nothing in this section requires the department to solicit money for purposes of implementing this section.
(6) Repealed.
Source: L. 2014: Entire section added, (HB 14-1276), ch. 215, p. 805, � 2, effective August 6. L. 2020: (1)(b) repealed; (4) and (5) amended; and (6) added, (HB 20-1418), ch. 197, p. 946, � 21, effective June 30.
Editor's note: Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 2021. (See L. 2020, p. 946.)
Cross references: For the legislative declaration in HB 14-1276, see section 1 of chapter 215, Session Laws of Colorado 2014. For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020.
22-1-129.5. Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - guidelines and content standards - definition. (1) Each public school in the state is strongly encouraged to adopt curriculum for instruction to students in grades nine through twelve on cardiopulmonary resuscitation and the use of an automated external defibrillator. The curriculum must include a training and education program included on the list maintained by the office of cardiac arrest management pursuant to section 25-53-202, and the instruction must:
(a) Incorporate the psychomotor skills necessary to perform cardiopulmonary resuscitation; and
(b) Use an automated external defibrillator.
(2) As used in this section, psychomotor skills means skills using hands-on practice to support cognitive learning.
Source: L. 2023: Entire section added, (SB 23-023), ch. 25, p. 88, � 1, effective August 7.
22-1-129.7. Placement and maintenance of automated external defibrillator - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Automated external defibrillator or AED means an automated external defibrillator approved for sale by the federal food and drug administration.
(b) Local education provider means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public high schools, a facility school approved pursuant to section 22-2-407, or an Indian tribe or tribal organization.
(2) (a) On or before January 1, 2026, if a public school acquires or has acquired an AED, the local education provider that operates the public school shall require the public school to place and maintain the AED in accordance with nationally recognized, evidence-based standards for emergency cardiovascular care.
(b) On or before January 1, 2026, if a nonpublic school acquires or has acquired an AED, the governing authority of the nonpublic school shall require the nonpublic school to place and maintain the AED in accordance with nationally recognized, evidence-based standards for emergency cardiovascular care.
Source: L. 2025: Entire section added, (SB 25-191), ch. 164, p. 665, � 2, effective May 5.
22-1-130. Notice to parents of alleged criminal conduct by school employees - legislative declaration - definitions. (1) (a) The general assembly finds that:
(I) It is the right and responsibility of parents to guide the education and upbringing of their children;
(II) An essential role of parents in ensuring the safety and quality of their children's education is to remain active, engaged, and fully informed about what is occurring in their children's classrooms and within the school environment;
(III) Ensuring the safety of school children is one of the primary responsibilities of state and local government, law enforcement, and school communities;
(IV) In order to ensure a safe school environment that is conducive to learning, students and parents must be assured that criminal behavior that is harmful to children is reported and dealt with appropriately and in a manner that is transparent to parents and the school community; and
(V) Parents are understandably concerned when law enforcement agencies make accusations about school employees at their children's schools.
(b) Therefore, the general assembly declares that it is appropriate to require a public school to notify parents of school children when a school employee is charged with certain crimes that may put children at risk.
(2) As used in this section, unless the context otherwise requires:
(a) Employee means an employee of a local education provider whose employment requires or required the employee to be in contact with students or whose work area gives or gave the employee access to students. Employee includes a former employee if the employee was employed by the local education provider at any time within twelve months before an offense is charged. If a school district, district charter school, or institute charter school has contracted with a private entity to operate an online school, the employee of the private entity is deemed to be an employee of the school district, district charter school, or institute charter school for purposes of this section.
(b) Local education provider means a school district, a board of cooperative services, a charter school collaborative, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, and a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22.
(c) Parent means the biological or adoptive parent or the legal guardian or legal custodian of a student enrolled in a local education provider at the time notification is made pursuant to this section.
(3) (a) Pursuant to section 22-2-119 (4)(b), local education providers routinely receive reports from the Colorado bureau of investigation relating to employees who have previously been subject to a background check. If a local education provider receives a report from the Colorado bureau of investigation that includes information that an employee has been arrested for an offense described in subsection (3)(b) of this section, the local education provider shall monitor the criminal proceedings to determine whether the employee is charged with an offense described in subsection (3)(b) of this section and whether a preliminary hearing has been held if the charge is eligible for a preliminary hearing.
(b) The local education provider shall notify parents, as provided in subsection (4) of this section, if an employee is charged, as that term is defined in section 16-1-104 (6), with:
(I) Felony child abuse, as specified in section 18-6-401;
(II) A crime of violence, as defined in section 18-1.3-406, not including assault in the second degree unless the victim is a child;
(III) A felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9);
(IV) A felony, where it is alleged that the underlying factual basis of which includes an act of domestic violence, as defined in section 18-6-800.3;
(V) Felony indecent exposure, as described in section 18-7-302; or
(VI) A felony drug offense described in part 4 of article 18 of title 18 that is a level 1 or level 2 drug felony.
(4) (a) Within two school days after the preliminary hearing is held or is waived or deemed waived by the employee, or within two school days after the date on which the employee is charged, if the charged offense is not eligible for a preliminary hearing, the local education provider shall provide notice to parents pursuant to subsection (5) of this section.
(b) If the local education provider has already provided notice to parents that substantially conforms with the notice requirements set forth in subsection (5) of this section, the local education provider need not provide additional notice pursuant to the provisions of this section.
(c) The local education provider must provide notice to the parents of a student:
(I) Enrolled in the public school in which the employee is employed or was employed at the time of the alleged offense; or
(II) With whom the local education provider has reason to believe the employee may have had contact as part of his or her employment with the local education provider.
(d) The local education provider shall provide the required notice to parents in the same manner by which the local education provider notifies parents of important school business, which may include email notification or other electronic communication sent directly to parents or by first-class mail. Within two school days after the local education provider confirms the disposition of the charge, the local education provider shall provide notice to parents of the disposition of the charge using the same notification method used in the original notice to parents.
(e) Notwithstanding the provisions of subsection (4)(a) of this section to the contrary, if a delay in parent notification is requested by the appropriate law enforcement agency, the local education provider shall delay notification to parents until the request is withdrawn.
(f) A local education provider shall notify parents pursuant to this section regardless of whether the actions giving rise to the charge occurred while the employee was on duty.
(g) The board or governing body of the local education provider shall establish policies to comply with the provisions of this section when school is not in session.
(5) (a) The local education provider's notification to parents of a charge brought against an employee must include the following:
(I) The name of the employee;
(II) The employee's position;
(III) Whether the employee continues to be employed by the local education provider;
(IV) The length of employment with the local education provider;
(V) The alleged offense as set forth in the charging document, including the violation of statute or code; and
(VI) A statement that, under state and federal law, a person is presumed innocent until proven guilty.
(b) A local education provider may provide additional information to parents regarding the underlying facts or circumstances relating to the charge but shall not disclose the identity of the alleged victim.
(6) Each local education provider shall incorporate the notification requirements set forth in this section as part of a safe school plan required pursuant to section 22-32-109.1, as applicable.
Source: L. 2018: Entire section added, (HB 18-1269), ch. 268, p. 1650, � 1, effective August 15.