(1) Except as otherwise provided in subsections (2) and (3) of this section, each school district, as required under section 24-72-204 (3), C.R.S., shall maintain the confidentiality of the addresses and telephone numbers of students enrolled in public elementary and secondary schools within the school district and any medical, psychological, sociological, and scholastic achievement data collected concerning individual students.
(2) Notwithstanding the provisions of subsection (1) of this section, the address and telephone number and any medical, psychological, sociological, and scholastic achievement data concerning any student are released only under the following conditions:
(a) As provided in section 24-72-204 (3), C.R.S.;
(b) To district or municipal court personnel, the division of youth services, county departments of human or social services, the youthful offender system, and any other juvenile justice agency within fifteen days after receipt by the school district of a court order authorizing release of such information.
(3) Notwithstanding the provisions of subsection (1) of this section, either the principal of a school, or such principal's designee, or, if the student is enrolled in a public school, the superintendent of a school district in which the student is enrolled, or such superintendent's designee, shall provide attendance and disciplinary records to a criminal justice agency pursuant to the provisions of section 19-1-303 (2), C.R.S.
Source: L. 96: Entire section added, p. 1683, � 9, effective January 1, 1997. L. 2000: (1) amended and (3) added, p. 321, � 10, effective April 7. L. 2017: IP(2) and (2)(b) amended, (HB 17-1329), ch. 381, p. 1980, � 49, effective June 6. L. 2018: (2)(b) amended, (SB 18-092), ch. 38, p. 438, � 91, effective August 8.
Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
22-32-109.4. Colorado School Collective Bargaining Agreement Sunshine Act - board of education - specific duties. (1) This section shall be known and may be cited as the Colorado School Collective Bargaining Agreement Sunshine Act.
(2) Collective bargaining agreement means, for the purpose of this section, a master agreement, and any amendments, addendums, memorandums, or any other documents modifying the master agreement.
(3) In addition to any other duty required to be performed by law, each board of education shall cause, within thirty days following August 8, 2001, a true and correct copy of each collective bargaining agreement entered into by the board of education and in effect as of said date and all subsequent collective bargaining agreements entered into by the board of education, within thirty working days following the date of ratification of each agreement, to be:
(a) Posted on the website of the school district;
(b) Repealed.
(c) Made available for public inspection during regular business hours in a convenient and identified location at the main administrative office of the school district; and
(d) Filed with the board of trustees of the largest public library located within the school district.
(4) Any meeting of a board of education at which a collective bargaining agreement is discussed is open to the public and any notice required by section 24-6-402 (2)(c) must be given prior to the meeting; except that a board of education may hold an executive session in accordance with the requirements of section 24-6-402 (4)(e)(III) for the purpose of developing the strategy of the school district for negotiations relating to a collective bargaining agreement.
Source: L. 2001: Entire section added, p. 168, � 1, effective August 8. L. 2010: IP(3) amended, (HB 10-1036), ch. 79, p. 269, � 2, effective April 12. L. 2012: (3)(a) amended and (3)(b) repealed, (HB 12-1240), ch. 258, p. 1312, � 15, effective June 4. Initiated 2014: (4) added, L. 2015, p. 2204, � 2, effective upon proclamation of the governor, December 17, 2014. L. 2019: (4) amended, (HB 19-1201), ch. 98, p. 360, � 2, effective September 1.
Editor's note: The vote count on the measure at the general election held November 4, 2014, was as follows:
FOR: 1,364,747
AGAINST: 582,473
22-32-109.5. Board of education - specific duties - testing requirements - developmental education placement or assessment tests - intervention plans. (Repealed)
Source: L. 75: Entire section added, p. 698, � 1, effective July 18. L. 93: (3) added, p. 1048, � 6, effective June 3. L. 2012: (4) added, (HB 12-1345), ch. 188, p. 725, � 13, effective May 19. L. 2019: (4) amended, (HB 19-1206), ch. 133, p. 601, � 10, effective April 25. L. 2025: Entire section repealed, (SB 25-222), ch. 100, p. 449, � 1, effective April 24.
22-32-109.6. Board of education - specific duties - class size reduction plans - alternative student achievement plans - definitions. (1) (a) The general assembly hereby finds and declares that:
(I) The voters approved section 17 of article IX of the state constitution with the intent that the increased funding of public education be used for specific and accountable purposes to improve the state's public schools;
(II) Elementary school teachers support reducing class size in early grades; and
(III) Parents have indicated that reducing class size, especially in early grades, is one of their top priorities for public schools.
(b) It is the general assembly's duty to ensure that the one-percent increase in statewide base per pupil funding required by section 17 of article IX of the state constitution be used in a manner intended by the voters.
(2) As used in this section, unless the context otherwise requires:
(a) Class means a non-elective class in kindergarten or the first, second, or third grade or any combination of kindergarten or the first, second, or third grades in a public school, which class provides instruction in one or more of the areas of reading, writing, mathematics, science, history, or geography.
(b) and (c) Repealed.
(d) One-percent increase means the one-percent increase in the statewide base per pupil funding for state fiscal years 2001-02 through 2010-11 required by section 17 of article IX of the state constitution.
(e) Repealed.
(f) Teacher means a person who is licensed pursuant to article 60.5 of this title, or is authorized pursuant to section 22-60.5-111, to teach and is primarily engaged in teaching kindergarten or the first, second, or third grade.
(3) and (4) Repealed.
Source: L. 2001: Entire section added, p. 335, � 1, effective April 16. L. 2004: (2)(f) amended, p. 1286, � 19, effective May 28. L. 2007: (2)(b), (2)(c), (2)(e), (3), and (4) repealed, p. 745, � 28, effective May 9. L. 2015: (2)(a) amended, (HB 15-1323), ch. 204, p. 725, � 34, effective May 20.
22-32-109.7. Board of education - specific duties - employment of personnel - definitions. (1) Prior to the employment of any person by a school district, the board of education shall make an inquiry concerning such person to the department of education for the purpose of determining:
(a) Whether such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence or deferred prosecution for:
(I) A felony; or
(II) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children;
(b) Whether such person has been dismissed by, or has resigned from, a school district or charter school as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior or an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, which was supported by a preponderance of the evidence according to information provided to the department by a school district pursuant to subsection (3) of this section and confirmed by the department pursuant to the provisions of section 22-2-119 (1)(b);
(c) If a holder of a license or authorization issued pursuant to the provisions of article 60.5 of this title, whether such person's license or authorization has ever been denied, annulled, suspended, or revoked pursuant to the provisions of section 22-60-110 (2)(b), as it 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.
(1.5) During the employment of any person by a school district, the board of education may make an inquiry concerning such person to the department of education for the purposes described in subsection (1) of this section.
(2) (a) The board of education shall also contact previous employers of such applicant for the purpose of obtaining information or recommendations which may be relevant to such person's fitness for employment.
(b) Any previous employer of an applicant for employment who provides information to a school district or who makes a recommendation concerning an applicant, whether at the request of the school district or the applicant, shall be immune from civil liability unless:
(I) The information is false and the previous employer knows such information is false or acts with reckless disregard concerning the veracity of such information; and
(II) The school district acts upon such information to the detriment of:
(A) The applicant because the school district refused to employ such person based, in whole or in part, on negative information concerning such person later determined to be false; or
(B) The school district because the school district employed the applicant based, in whole or in part, on positive information concerning such person later determined to be false.
(c) Any school district which relies on information provided by or a recommendation made by a previous employer in making an employment decision shall be immune from civil liability unless the information is false and such school district knows the information is false or acts with reckless disregard concerning the veracity of such information.
(3) (a) If an employee of a school district is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of the evidence, within ten business days after the dismissal or resignation, the board of education of the school district shall notify the department of education and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The district shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department of education. A public school district or charter school shall not enter into a settlement agreement that would restrict the school district or charter school from sharing any relevant information related to a conviction for child abuse or a sexual offense against a child as defined by section 13-80-103.9 (1)(c) pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based. This subsection (3)(a) does not authorize a public school district or charter school to enter into a settlement agreement that would prohibit the public school district or charter school from sharing any other information required by law to be available to the department, another school district, or a charter school.
(b) If an employee of a school district is dismissed or resigns as a result of an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence, the school district shall notify the department and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The school district shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department. A school district shall not enter into a settlement agreement that would restrict the school district from sharing any relevant information related to an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based. This subsection (3)(b)(I) does not authorize a school district to enter into a settlement agreement that would prohibit the school district from sharing any other information required by law to be available to the department, another school district, or a charter school.
(3.5) Whenever a school district learns from a source other than the department of education that a current or past employee of the school district has been convicted of, pled nolo contendere to, or has received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the school district shall notify the department of education.
(4) Any information received by a board of education pursuant to subsection (1) or (2) of this section shall 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 information obtained pursuant to the provisions of said subsections or who makes an unauthorized request for information from the department shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that any person who releases information received from the department of education 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.
(5) For purposes of this section, unless the context otherwise requires:
(a) Sexual act means sexual contact, sexual intrusion, or sexual penetration as those terms are defined in section 18-3-401.
(b) Student means any person enrolled at the school where the employee is employed at the time of the allegation, but does not include another student.
Source: L. 90: Entire section added, p. 1029, � 19, effective July 1. L. 93: (1)(b) and (3) amended, p. 633, � 1, effective July 1. L. 99: (1)(a) amended and (1.5) and (3.5) added, p. 1100, � 1, effective July 1. L. 2000: (1)(c) amended, p. 1856, � 56, effective August 2. L. 2003: (4) amended, p. 1409, � 16, effective January 1, 2004. L. 2006: (1)(c) amended, p. 922, � 1, effective July 1. L. 2008: (3) amended, p. 2225, � 2, effective June 5. L. 2021: (1)(b) and (3) amended and (5) added, (SB 21-017), ch. 417, p. 2772, � 2, effective September 7.
Cross references: For the legislative declaration contained in the 2003 act amending subsection (4), see section 1 of chapter 196, Session Laws of Colorado 2003.
22-32-109.8. Applicants selected for nonlicensed positions - submittal of form and fingerprints - prohibition against employing persons - department database. (1) Except as otherwise provided in subsection (10) of this section, any person applying to any school district for any position of employment for which a license issued pursuant to article 60.5 of this title 22 is not required and who is selected for such position of employment by such school district shall submit a complete set of fingerprints of such applicant taken by a qualified law enforcement agency, authorized employee of a school district or board of cooperative services and notarized, or any third party approved by the Colorado bureau of investigation in a completed form as specified in subsection (2) of this section. At the request of a school district, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of an applicant pursuant to this section if an approved third-party vendor is not operating within twenty miles of the school district within the law enforcement agency's jurisdiction. A school district employee or board of cooperative services employee may use any fingerprinting equipment that meets the federal bureau of investigation image quality standards. 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 applicant information for more than thirty days unless requested to do so by the applicant. The fingerprints and form must be submitted to the school district at the time requested by such school district.
(2) On a form provided by the school district, a selected applicant shall certify, under penalty of perjury, either:
(a) That he has never been convicted of committing any felony or misdemeanor; but not including any misdemeanor traffic offense or traffic infraction; or
(b) That he 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.
(3) In addition to any other requirements established by law, the submittal of fingerprints and the form pursuant to subsection (1) of this section shall be a prerequisite to the employment of a person in a nonlicensed position in a school district, and no person shall be so employed who has not complied with the provisions of subsection (1) of this section.
(4) (a) Any school district to which fingerprints are submitted pursuant to subsection (1) of this section shall forward such fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation.
(b) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (4) reveal a record of arrest without a disposition, the school district shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(5) (a) A school district may employ a person in a nonlicensed position in the school district prior to receiving the results regarding the selected applicant's fingerprint-based criminal history record check or name-based judicial record check; however:
(I) The school district may terminate the person's employment if the results are inconsistent with the information provided by the person in the form submitted pursuant to subsection (1) of this section; and
(II) The school district shall terminate the person's employment if the results of a fingerprint-based criminal history record check or name-based judicial record check completed on or after August 10, 2011, disclose a conviction for an offense described in subsection (6.5) of this section.
(b) The school district shall notify the proper district attorney of inconsistent results as described in subparagraph (I) of paragraph (a) of this subsection (5) for purposes of action or possible prosecution.
(6) (a) When a school district finds good cause to believe that a nonlicensed person employed by the school district has been convicted of a felony or misdemeanor other than a misdemeanor traffic offense or traffic infraction subsequent to his or her employment, the school district shall require the person to submit to the school district a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of the school district or board of cooperative services, or any third party approved by the Colorado bureau of investigation. At the request of a school district, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of an employee pursuant to this section if an approved third-party vendor is not operating within twenty miles of the school district within the law enforcement agency's jurisdiction. A school district employee or board of cooperative services employee may use any fingerprinting equipment that meets the federal bureau of investigation image quality standards. 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 applicant information for more than thirty days unless requested to do so by the applicant. The fingerprints shall be submitted within twenty days after receipt of written notification from the school district. The school district shall forward the fingerprints of the person to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. If the results of the fingerprint-based criminal history record check completed on or after August 10, 2011, disclose a conviction for an offense described in subsection (6.5) of this section, the school district shall terminate the person's employment.
(a.5) When the results of a fingerprint-based criminal history record check of an employee performed pursuant to this subsection (6) reveal a record of arrest without a disposition, the school district shall require that employee to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(b) School districts shall not charge nonlicensed personnel any fees for the direct and indirect costs of the school district for fingerprint processing performed pursuant to the provisions of this subsection (6).
(6.5) (a) Except as provided in paragraph (d) of this subsection (6.5), a person employed in or applying to a school district for employment in a nonlicensed position is disqualified from employment if:
(I) The applicant or employee has been convicted of, or convicted of attempt, solicitation, or conspiracy to commit, one of the following offenses:
(A) Felony child abuse, as described in section 18-6-401, C.R.S.;
(B) A crime of violence, as defined in section 18-1.3-406 (2), C.R.S.;
(C) A felony involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;
(D) Except as provided in paragraph (b) of this subsection (6.5), a felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;
(E) Except as provided in paragraph (b) of this subsection (6.5), a felony drug offense described in part 4 of article 18 of title 18, C.R.S., committed on or after August 25, 2012;
(F) Felony indecent exposure, as described in section 18-7-302, C.R.S.; or
(G) An offense in any other state, the United States, or any territory subject to the jurisdiction of the United States, which, if committed in this state, would constitute an offense described in sub-subparagraphs (A) to (F) of this subparagraph (I);
(II) The applicant or employee fails to submit fingerprints on a timely basis following receipt of the written request from the school district pursuant to subsection (1) or (6) of this section.
(b) The disqualification from employment pursuant to sub-subparagraphs (D) and (E) of subparagraph (I) of paragraph (a) of this subsection (6.5) shall only apply for a period of five years following the date the offense was committed, and, for the offense described in sub-subparagraph (D) of subparagraph (I) of paragraph (a) of this subsection (6.5), the person shall have successfully completed any domestic violence treatment required by the court prior to employment. An employee terminated from employment solely on the basis of the disqualification contained in sub-subparagraphs (D) and (E) of subparagraph (I) of paragraph (a) of this subsection (6.5) may reapply for employment after five years have passed since the date the offense was committed.
(c) Nothing in this subsection (6.5) shall require a second or subsequent fingerprint-based criminal history record check to be conducted for an employee for whom a fingerprint-based criminal history record check has been completed prior to August 10, 2011.
(d) (I) Notwithstanding the disqualification from employment set forth in this subsection (6.5), a school district may employ a person convicted of an offense listed in sub-subparagraphs (D) and (E) of subparagraph (I) of paragraph (a) of this subsection (6.5) after conducting an assessment of the current safety risk posed by the person.
(II) A person who is or would be disqualified from employment pursuant to sub-subparagraphs (D) and (E) of subparagraph (I) of paragraph (a) of this subsection (6.5) may submit a written request to the school district for reconsideration of the disqualification from employment. Reconsideration shall be based upon the school district's assessment of the current safety risk in hiring the person or in continuing the person's employment after considering:
(A) The seriousness and nature of the disqualifying offense;
(B) The time elapsed since the date the offense was committed;
(C) The nature of the position held or sought by the person; and
(D) Any other relevant information.
(III) The decision of the school district shall be final.
(7) For purposes of this section, a person is deemed to be convicted of committing a felony or misdemeanor as described in this section if the person has been convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act which, if committed within this state, would be a felony or misdemeanor.
(8) For purposes of this section:
(a) Convicted means a conviction by a jury or by a court and shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with a felony or misdemeanor, the payment of a fine, a guilty plea accepted by a court, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court.
(a.5) Nonlicensed means a person does not hold, or a position of employment does not require, a license issued pursuant to article 60.5 of this title.
(b) Position of employment means any job or position in which any person may be engaged in the service of a school district for salary or hourly wages, whether full time or part time and whether temporary or permanent.
(9) All costs arising from the taking of fingerprints and from any fingerprint processing performed by the Colorado bureau of investigation pursuant to the provisions of this section shall be borne by school districts. Except as otherwise provided in paragraph (b) of subsection (6) of this section, school districts may charge such selected applicants a nonrefundable fee in an amount equal to the direct and indirect costs of such school district for the administration of this section. Said fees shall be credited to the fingerprint processing account and shall be used for the purposes set forth in this section and may not be expended by the school district for any other purpose; however, said fees shall not be used for the purposes set forth in subsection (6) of this section. Any moneys in said account which are not expended during a budget year shall be carried forward and budgeted for the purposes set forth in this section in the next budget year. Such fee may be paid by the selected applicant over a period of sixty days after employment.
(10) (a) The provisions of this section shall not apply to any person who is enrolled as a student in any school district and who is applying to the same school district in which such student is enrolled for a position of employment for which a license issued pursuant to article 60.5 of this title is not required.
(b) (Deleted by amendment, L. 2002, p. 974, � 9, effective June 1, 2002.)
(c) Subsections (1) to (4) of this section do not apply to a person who has submitted to a fingerprint-based criminal history record check pursuant to section 22-2-119.3.
(11) (a) Each school district shall submit to the department of education the name, date of birth, and social security number from the human resource electronic data communications and reporting system required by section 22-44-105 (4)(a) for each nonlicensed person employed by the district.
(b) The department of education shall create and maintain a database of all the information submitted pursuant to this subsection (11).
(c) At the beginning of each semester, a school district shall notify the department of education when a nonlicensed employee is no longer employed by the school district, and the department shall purge at least annually the employees' information from the database created pursuant to paragraph (b) of this subsection (11).
(d) On or before August 30 each year, the department of education shall submit a list of all persons employed by each school district in the state for the preceding school year to the Colorado bureau of investigation. The list shall include each employee's name and date of birth.
(12) Nothing in this section shall create for a person a property right in or entitlement to employment or continued employment with a school district or impair a school district's right to terminate employment for a nondiscriminatory reason.
Source: L. 90: Entire section added, p. 1113, � 3, effective June 7. L. 92: (1), IP(2), (5), (8), and (9) amended and (10) added, p. 517, � 1, effective July 1. L. 93: (10) amended, p. 71, � 1, effective March 26. L. 2000: (1) and (10)(a) amended, p. 1856, � 57, effective August 2. L. 2002: (1), (4), (6)(a), and (10) amended, p. 974, � 9, effective June 1. L. 2004: (11) added, p. 381, � 1, effective April 8. L. 2006: (11)(d) amended, p. 607, � 24, effective August 7. L. 2011: (3), (5), (6), (7), and (8) amended and (6.5) and (12) added, (HB 11-1121), ch. 242, p. 1055, � 4, effective August 10. L. 2017: (1) and (6)(a) amended, (SB 17-189), ch. 149, p. 502, � 10, effective August 9. L. 2018: (1) amended and (10)(c) added, (SB 18-229), ch. 232, p. 1451, � 3, effective August 8. L. 2019: (1) and (6)(a) amended, (HB 19-1186), ch. 94, p. 345, � 4, effective April 10; (4), IP(5)(a), and (5)(a)(II) amended and (6)(a.5) added, (HB 19-1166), ch. 125, p. 548, � 26, effective April 18. L. 2022: (4)(b), IP(5)(a), (5)(a)(II), and (6)(a.5) amended, (HB 22-1270), ch. 114, p. 521, � 27, effective April 21.
Cross references: (1) In 2011, subsections (3), (5), (6), (7), and (8) were amended and subsections (6.5) and (12) were added by the Safer Schools Act of 2011. For the short title, see section 1 of chapter 242, Session Laws of Colorado 2011.
(2) For the legislative declaration in HB 19-1186, see section 1 of chapter 94, Session Laws of Colorado 2019.