A private occupational school shall provide the division with such data as the board deems necessary upon written request of the board. Data pertaining to individual students or personnel shall not be divulged or made known in any way by a member of the board, by the director, or by any division or school employee, except in accordance with judicial order or as otherwise provided by law. A person who violates this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. In addition, the person shall be subject to removal or dismissal from public service on grounds of malfeasance in office.
Source: L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1185, � 1, effective August 9. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3223, � 401, effective March 1, 2022.
Editor's note: This section is similar to former � 12-59-105.4 as it existed prior to 2017.
23-64-110. Submittal of fingerprints for persons teaching at designated schools - fingerprint-based criminal history record checks - prerequisite for commencing or continuing employment. (1) (a) (I) Instructional staff or prospective instructional staff who may be teaching students in a school designated by the board pursuant to section 23-64-108 (1)(l) shall, beginning July 1, 2006, in order to commence or continue employment at a designated school, submit a set of his or her fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. Nothing in this section precludes the board from making further inquiries into the background of instructional staff or prospective instructional staff. Instructional staff or prospective instructional staff shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check. Upon completion of the criminal history record check, the bureau shall forward the results to the board. The board shall conduct a review of the results of the criminal history record check forwarded by the bureau and consider the results in assessing whether instructional staff or prospective instructional staff meet minimum standards of qualification, as established by the board pursuant to section 23-64-112, necessary to commence or continue employment at the designated school.
(II) When the results of a fingerprint-based criminal history record check of instructional staff or prospective instructional staff performed pursuant to this section reveal a record of arrest without a disposition, the board shall require the instructional staff or prospective instructional staff to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). Instructional staff or prospective instructional staff shall pay the fee established by the board for conducting the named-based judicial record check.
(b) Instructional staff or prospective instructional staff shall be required to resubmit a set of his or her fingerprints pursuant to subsection (1)(a) of this section even if he or she previously submitted his or her fingerprints pursuant to subsection (1)(a) of this section.
(2) In addition to any other requirements established by the board for the necessary qualifications of instructional staff or prospective instructional staff, the submittal of fingerprints pursuant to subsection (1) of this section and results consistent with the minimum standards of qualification established by the board pursuant to section 23-64-112 shall be a prerequisite to commencing or continuing employment as instructional staff who may be teaching students in a school designated by the board pursuant to section 23-64-108 (1)(l).
Source: L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1185, � 1, effective August 9. L. 2019: (1)(a) amended, (HB 19-1166), ch. 125, p. 549, � 29, effective April 18. L. 2022: (1)(a)(II) amended, (SB 22-1270), ch. 114, p. 522, � 31, effective April 21.
Editor's note: This section is similar to former � 12-59-105.7 as it existed prior to 2017.
23-64-111. Duties and powers of the division subject to approval of the executive director. The division shall exercise all of the powers and duties set forth in section 23-64-106. The executive director shall review and approve, consistent with the institutional role and statewide needs, any action taken by the division pursuant to the powers and duties set forth in section 23-64-106; except that the participation of the executive director shall not be required in any action taken by the board.
Source: L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1185, � 1, effective August 9.
Editor's note: This section is similar to former � 12-59-105.9 as it existed prior to 2017.