(1) (a) Upon application of the board of education of any school district, the state board, except as prohibited in paragraph (b) of this subsection (1), may waive any of the requirements imposed by this title or by rule promulgated by the state board. The state board shall grant the waiver if it determines that it would enhance educational opportunity and quality within the school district and that the costs to the school district of complying with the requirements for which the waiver is requested significantly limit educational opportunity within the school district. Any school district board of education that applies for a waiver pursuant to this section shall specify in such application the manner in which it shall comply with the intent of the waived rules or statutes and shall be accountable to the state board for such compliance.
(b) The state board shall not waive any of the requirements specified in any of the following statutory provisions:
(I) The Public School Finance Act of 2025, article 54 of this title 22;
(II) The Exceptional Children's Educational Act, article 20 of this title;
(III) Any provision of part 5 of article 11 of this title pertaining to the data necessary for performance reports;
(IV) Any provision of this title 22 that relates to fingerprinting and criminal history record checks of educators and school personnel;
(V) The Children's Internet Protection Act, article 87 of this title 22;
(VI) The requirement to post on the internet the statutes for which waivers are granted as provided in section 22-44-305;
(VII) Any provisions of section 22-1-130 relating to notification to parents of alleged criminal conduct by school district employees;
(VIII) Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade;
(IX) Any provisions of section 22-1-128 relating to comprehensive human sexuality education content requirements;
(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3), 22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1) relating to discrimination based on hair texture, hair type, hair length, or a protective hairstyle that is commonly or historically associated with race;
(XI) Any provision of section 22-1-145 relating to the use of a student's chosen name, as defined in section 22-1-145 (1), in a public school;
(XII) The wearing of cultural or religious objects at school graduation ceremonies pursuant to section 22-1-142.5; or
(XIII) A provision of article 74.1 of title 24 concerning the policies to comply with information and access.
(c) A principal of a public school may initiate a request for a waiver pursuant to this section and shall submit such request to the superintendent and the board of education of the school district in which the public school is located. Such waiver, if granted, shall be limited in application to the public school, unless otherwise designated by the school district. The school district may choose either to adopt such request and apply to the state board for a waiver pursuant to this section or not adopt such request.
(d) In addition to any requirements for a waiver application that are specified in this subsection (1), any application submitted by a school district that has a funded pupil count, as determined pursuant to article 54 of this title 22, of three thousand or more pupils shall demonstrate that the application has the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district.
(1.5) Notwithstanding any provision of this section or any other provision of law, the state board shall not waive requirements contained in article 11 of this title or sections 22-7-1006.3, 22-32-105, 22-32-109 (1)(bb)(I) and (2), 22-32-109.1 (2)(a), 22-32-146, and 22-33-104 (4).
(2) Prior to submitting an application for a waiver as provided in subsection (1) of this section, a school district board of education, in a public meeting including a public hearing, shall adopt a resolution stating the board's intent to apply for a waiver and specifying the statutes and rules for which the board will request waivers. The school district board of education shall post notice of such public meeting in three public places within the district for a period of not less than thirty calendar days prior to such meeting, giving the time and location of such meeting and a description of the waiver request, and, if a newspaper is published within the county, shall publish such notice once each week for at least four weeks prior to the meeting in such newspaper. At least sixty days prior to such public meeting and hearing, the school district board of education shall meet with the school district accountability committee to consult with the committee concerning the intent to seek the waiver.
(3) (a) Any waiver made pursuant to the provisions of this section shall continue until such time as:
(I) The school district board of education that holds the waiver by resolution requests revocation of the waiver; or
(II) The state board receives evidence that constitutes good and just cause for revocation of the waiver, as determined by the state board.
(b) The state board may revoke a waiver granted pursuant to this section only by action taken in a public meeting and hearing.
(4) The provisions of this section shall not apply to any waiver requested by a charter school pursuant to sections 22-30.5-104 (6) and 22-30.5-105 (3). Waiver requests by a charter school shall be governed by the provisions of said sections.
(5) The state board shall promulgate such rules as are necessary to implement the provisions of this section regarding the waiver application process.
(6) Notwithstanding any provision of this section to the contrary, a school district that has been granted by the state board exclusive authority to charter schools within its geographic boundaries pursuant to section 22-30.5-504 shall not be required to demonstrate that it has obtained the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district in order to apply for a waiver of any of the requirements imposed by this title or by rule promulgated by the state board; except that such consent shall be required for an application for a waiver from any provisions of article 9 or articles 60.5 to 64 of this title.
Source: L. 89: Entire section added, p. 946, � 1, effective April 17. L. 93: (4) amended, p. 1061, � 2, effective June 3. L. 94: (2) amended, p. 1380, � 5, effective May 25. L. 96: (3) repealed, p. 1233, � 66, effective August 7. L. 97: (1) amended, p. 460, � 3, effective August 6. L. 98: (4) repealed, p. 317, � 1, effective April 17. L. 2000: (1) amended and (1.5) added, pp. 369, 349, �� 20, 3, effective April 10; entire section R&RE, p. 522, � 1, effective August 2; (1)(b) amended, p. 375, � 33, effective August 2. L. 2001: (1.5) amended, p. 1271, � 23, effective June 5; (1)(b)(III) amended, p. 1498, � 20, effective June 8. L. 2003: (1)(b) amended, p. 2515, � 3, effective June 5; (1)(b)(V) added, p. 2477, � 32, effective August 15. L. 2004: (6) added, p. 1617, � 3, effective July 1. L. 2009: (1)(b)(III) and (1.5) amended, (SB 09-163), ch. 293, p. 1529, � 10, effective May 21. L. 2012: (1.5) amended, (HB 12-1345), ch. 188, p. 747, � 34, effective May 19. L. 2015: (1.5) amended, (HB 15-1323), ch. 204, p. 721, � 21, effective May 20. L. 2017: (1)(b)(IV) and (1)(b)(V) amended and (1)(b)(VI) added, (HB 17-1375), ch. 287, p. 1596, � 6, effective June 2. L. 2018: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII) added, (HB 18-1269), ch. 268, p. 1653, � 2, effective August 15. L. 2019: (1)(b)(VI) and (1)(b)(VII) amended and (1)(b)(IX) added, (HB 19-1032), ch. 408, p. 3603, � 7, effective May 31; (1)(b)(VI) and (1)(b)(VII) amended and (1)(b)(VIII) added, (HB 19-1194), ch. 160, p. 1887, � 3, effective July 1, 2020. L. 2020: (1)(b)(VIII) and (1)(b)(IX) amended and (1)(b)(X) added, (HB 20-1048), ch. 8, p. 15, � 3, effective September 14. L. 2024: (1)(b)(IX) and (1)(b)(X) amended and (1)(b)(XI) added, (HB 24-1039), ch. 127, p. 425, � 3, effective April 29; (1)(b)(I) and (1)(d) amended, (HB 24-1448), ch. 236, p. 1526, � 28, effective May 23; (1)(b)(X) amended, (HB 24-1451), ch. 354, p. 2411, � 1, effective June 3; (1)(b)(IX) and (1)(b)(X) amended and (1)(b)(XII) added, (HB 24-1323), ch. 419, p. 2861, � 2, effective June 5. L. 2025: (1)(b)(XI) and (1)(b)(XII) amended and (1)(b)(XIII) added, (SB 25-276), ch. 240, p. 1223, � 24, effective May 23.
Editor's note: (1) Amendments to subsection (1) in Senate Bill 00-186 were superseded by House Bill 00-1040.
(2) Subsection (1)(b)(V) was originally numbered as (1)(b)(IV) in Senate Bill 03-326, but has been renumbered on revision for ease of location.
(3) Amendments to subsection (1)(b)(X) by HB 24-1039, HB 24-1323, and HB 24-1451 were harmonized.
Cross references: (1) For the legislative declaration in HB 19-1032, see section 1 of chapter 408, Session Laws of Colorado 2019. For the legislative declaration in HB 19-1194, see section 1 of chapter 160, Session Laws of Colorado 2019. For the legislative declaration in SB 25-276, see section 1 of chapter 240, Session Laws of Colorado 2025.
(2) For the short title (Creating a Respectful and Open World for Natural Hair Act of 2020 or the CROWN Act of 2020) and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020.
22-2-118. Department of education - study of school district administration and staffing patterns. (Repealed)
Source: L. 89: Entire section added, p. 965, � 11, effective June 7.
Editor's note: Subsection (2) provided for the repeal of this section, effective February 15, 1990. (See L. 89, p. 965.)
22-2-119. Department of education - inquiries concerning prospective employees - background investigation fee. (1) When an inquiry is made by a board of education of a school district pursuant to the provisions of section 22-32-109.7 (1) or (1.5), by the governing board of a nonpublic school pursuant to the provisions of section 22-1-121, by the governing board of a charter school pursuant to the provisions of section 22-30.5-110.5, or by the governing board of an institute charter school pursuant to the provisions of section 22-30.5-511.5, concerning a prospective or current employee, the department shall provide the following information concerning such person:
(a) Whether according to the records of the department such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence for:
(I) A felony; or
(II) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children; or
(III) A misdemeanor crime, the underlying factual basis of which has been found by the court on the record to involve domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;
(b) (I) Whether such person has been dismissed by, or has resigned from, a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which was supported by a preponderance of the evidence according to information required to be provided to the department by the school district pursuant to the provisions of section 22-32-109.7 (3);
(II) The department of education shall not disclose to any prospective employer any information reported to the department from a school district pursuant to section 22-32-109.7 (3) unless and until the department confirms that the allegation resulted in a finding of a confirmed report of child abuse or neglect. The department shall request a check of the records and reports of child abuse or neglect maintained by the state department of human services pursuant to the provisions of section 19-1-307 (2)(l), C.R.S.
(III) If the department confirms that the allegation resulted in a finding of a confirmed report of child abuse or neglect and the report concerning such person is subsequently expunged pursuant to the provisions of section 19-3-313.5 (3)(f), C.R.S., such person may notify the department that the report has been expunged. If the department verifies that the report has been expunged, the department shall remove such information about the person from the files kept by the department.
(b.5) Whether the person's educator license or certification has ever been denied, suspended, revoked, or annulled in this state or in another state, including but not limited to any information gained as a result of an inquiry by the department to a national teacher information clearinghouse;
(c) If a holder of a license or authorization pursuant to the provisions of article 60.5 of this title, whether such person's certificate, letter of authorization, authorization, or license has ever been annulled, suspended, or revoked pursuant to the provisions of section 22-60-110 (2)(b) as said section existed prior to July 1, 1999, or pursuant to article 60.5 of this title following a conviction, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children.
(2) Except for authorized inquiries made by boards of education, governing boards of nonpublic schools, governing boards of charter schools, or governing boards of institute charter schools, the department shall consider information held by the department to be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. Any person who releases such information in violation of this subsection (2) shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that any person who releases information received by the department concerning information contained in the records and reports of child abuse or neglect maintained by the state department of human services shall be deemed to have violated section 19-1-307 (4), C.R.S.
(3) (a) When providing the information required in subsection (1) of this section, the department shall provide the information within the following timelines:
(I) For information that the department possesses at the time of the request, the department shall provide the information no later than ten business days following the receipt of the inquiry;
(II) For information that the department must obtain by a background check, the department shall provide the information no later than ten business days following the receipt of the information.
(b) If provisions of this subsection (3) increase the costs for the department and the department increases educator licensing fees to address the increased costs, the increase shall be no greater than necessary and shall be included in the department's annual budget request to the joint budget committee.
(4) (a) A school district shall verify the results of a fingerprint-based criminal history record check performed for the department on a school employee or applicant, and the Colorado bureau of investigation shall share the information from the initial fingerprint-based criminal history record check with the requesting entity.
(b) When the Colorado bureau of investigation provides the department with an update regarding a school employee who was previously subject to a fingerprint-based criminal history record check, the department shall provide that update to each school district and charter school in the state. Each school district and charter school shall cross-check its employee list with the provided update and take appropriate action, if necessary.
(5) The department may collect a background investigation fee in responding to inquiries pursuant to this section submitted regarding a person who does not hold an educator license issued pursuant to article 60.5 of this title. The state board, by rule, shall establish the amount of the background investigation fee to generate an amount of revenue that approximates the direct and indirect costs incurred by the department in responding to inquiries pursuant to this section regarding unlicensed persons. The department shall transmit the fees collected pursuant to this section to the state treasurer who shall credit the fees to the educator licensure cash fund, created pursuant to section 22-60.5-112.
Source: L. 90: Entire section added, p. 1028, � 17, effective July 1. L. 93: IP(1) amended, p. 611, � 1, effective April 30; (1)(b) amended, p. 634, � 2, effective July 1. L. 96: (1)(b)(II) amended, p. 1174, � 11, effective January 1, 1997. L. 99: IP(1) and (1)(a) amended, p. 1102, � 3, effective July 1. L. 2000: (1)(c) amended, p. 1849, � 40, effective August 2. L. 2003: IP(1)(a) and (1)(a)(II) amended and (1)(a)(III) added, p. 2515, � 4, effective June 5; (1)(b)(II), (1)(b)(III), and (2) amended, p. 1408, � 15, effective January 1, 2004. L. 2008: IP(1) and (2) amended and (1)(b.5) and (5) added, pp. 1659, 1660, �� 1, 2, effective May 29; (3) and (4) added, p. 2224, � 1, effective June 5.
Cross references: For the legislative declaration contained in the 2003 act amending subsections (1)(b)(II), (1)(b)(III), and (2), see section 1 of chapter 196, Session Laws of Colorado 2003.
22-2-119.3. Department of education - educator preparation program students - record check - fee - definitions. (1) A student requesting a criminal history record check must submit to the Colorado bureau of investigation a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of the department and notarized, or any third party approved by the Colorado bureau of investigation. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the student information for more than thirty days unless requested to do so by the student. The student shall submit the fingerprints for the purpose of obtaining a fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation to determine whether the student has a criminal history. The student shall pay to the Colorado bureau of investigation the fee established by the bureau for conducting the criminal history record check. Upon completion of the criminal history record check, the bureau shall forward the results to the department.
(2) On a form provided by the department, the student shall:
(a) Certify, under penalty of perjury, either:
(I) That he or she has never been convicted of committing any felony or misdemeanor, but not including any misdemeanor traffic offense or traffic infraction; or
(II) That he or she has been convicted of committing any felony or misdemeanor, but not including any misdemeanor traffic offense or traffic infraction. Such certification shall specify such felony or misdemeanor for which convicted, the date of such conviction, and the court entering the judgment of conviction.
(b) Furnish the following information to the department:
(I) The educator preparation program in which the student is enrolled;
(II) The school districts or charter schools in which the student has been placed for field experiences; and
(III) Any other information required by the department to release the results of a record check pursuant to this section.
(3) When the results of a fingerprint-based criminal history record check of a student performed pursuant to this section reveal a record of arrest without a disposition, the department shall perform a name-based judicial record check of that student.
(4) (a) Within seven days after receiving the results of a record check conducted pursuant to this section, the department shall provide the results of the record check, to the extent permitted by state or federal law or regulation, to the educator preparation program in which the student is enrolled and to any school district or charter school that has made an inquiry to the department concerning the results of a record check of a student who has been placed in the school district or charter school for field experiences.
(b) The student shall provide, on a form approved by the department, additional school districts or charter schools in which the student has been placed for field experiences.
(c) When the Colorado bureau of investigation provides the department with an update regarding a student who was previously subject to a fingerprint-based criminal history record check, the department shall provide that update to each education preparation program, school district, and charter school identified by the student as a school district or charter school in which the student has been placed for field experiences pursuant to this section.
(5) The department may establish and collect a fee that is based on the department's actual costs associated with administration of this section.
(6) As used in this section, unless the context otherwise requires:
(a) Charter school means a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22 or a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22.
(b) Convicted or conviction means a conviction by a jury verdict or by entry of a verdict or acceptance of a guilty plea by a court and also includes the forfeiture of any bail, bond, or other security deposited to secure the appearance by a person charged with having committed a felony or misdemeanor, the payment of a fine, a plea of nolo contendere, the imposition of a deferred or suspended sentence by the court, or an agreement for a deferred prosecution approved by the court.
(c) Educator preparation program means an approved educator preparation program as defined in section 22-60.5-121 (1)(b).
(d) Name-based judicial record check means a background check performed using judicial department records that includes an individual's conviction and final disposition of case records.
(e) Student means a student enrolled in an educator preparation program who has been placed in a school district or charter school for a position that will provide field experiences to prepare the student to be a teacher or other school professional.
Source: L. 2018: Entire section added, (SB 18-229), ch. 232, p. 1449, � 1, effective August 8. L. 2022: (2)(b)(III), (3), (4)(a), IP(6), and (6)(d) amended, (HB 22-1270), ch. 114, p. 512, � 1, effective April 21. L. 2023: (6)(c) amended, (SB 23-258), ch. 334, p. 2010, � 10, effective August 7.
Cross references: For the legislative declaration in SB 23-258, see section 1 of chapter 334, Session Laws of Colorado 2023.