COCODE

22-1-121. Nonpublic schools - employment of personnel - notification by department of education.

Statute text

(1) Prior to the employment of any person by a nonpublic school in this state, the governing board of such school may 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 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 provided to the department by a school district pursuant to section 22-32-109.7 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 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.

(1.5) During the time that a person is employed by a nonpublic school in this state, the governing board of such school may make an inquiry concerning such person to the department of education for the purposes described in subsection (1) of this section.

(1.7) (a) To facilitate the inquiry permitted by subsection (1) or (1.5) of this section, the governing board of a participating nonpublic school shall require an applicant or employee to submit to the governing board of the school a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee, or any third party approved by the Colorado bureau of investigation. At the request of a nonpublic school, 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 or employee pursuant to this section if an approved third-party vendor is not operating within twenty miles of the nonpublic school within the law enforcement agency's jurisdiction. A school 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's or employee's information for more than thirty days unless requested to do so by the applicant or employee. The governing board shall forward the set of fingerprints together with a check to cover the direct and indirect costs of conducting a fingerprint-based criminal history record check of the applicant or employee 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. The department is the authorized agency to receive and disseminate information regarding the result of any national criminal history record check. Any such national check must be handled in accordance with Pub.L. 92-544, as amended. The department shall notify the governing board whether a fingerprint-based criminal history record check has identified any conviction, plea of nolo contendere, deferred sentence, or deferred prosecution described in subsection (1) of this section.

(a.5) When the results of a fingerprint-based criminal history record check of an applicant or employee performed pursuant to this section reveal a record of arrest without a disposition, the governing board shall require that applicant or employee to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(b) All costs arising from a fingerprint-based criminal history record check performed by the Colorado bureau of investigation and the federal bureau of investigation pursuant to this section or a name-based judicial record check performed pursuant to this section must be borne by the nonpublic school. The costs may be passed on to the employee or the prospective employee.

(2) Any information received by the governing board of a nonpublic school pursuant to subsection (1) 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 subsection (1) 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.

History

Source: L. 93: Entire section added, p. 611, 2, effective April 30; (1)(b) amended, p. 634, 3, effective July 1. L. 99: (1)(a) amended and (1.5) and (1.7) added, p. 1101, 2, effective July 1. L. 2000: (1)(c) amended, p. 1848, 38, effective August 2. L. 2002: (1.7) amended, p. 974, 8, effective June 1. L. 2003: (2) amended, p. 1408, 14, effective January 1, 2004. L. 2006: (1.7)(a) and (1.7)(c) amended, p. 926, 6, effective July 1. L. 2017: (1.7)(a) amended, (SB 17-189), ch. 149, p. 501, 8, effective August 9. L. 2019: (1.7)(a) amended, (HB 19-1186), ch. 94, p. 344, 2, effective April 10; (1.7)(a.5) added and (1.7)(b) amended, (HB 19-1166), ch. 125, p. 545, 21, effective April 18. L. 2022: (1.7)(a.5) and (1.7)(b) amended, (HB 22-1270), ch. 114, p. 519, 22, effective April 21.

Annotations

Cross references: For the legislative declaration contained in the 2003 act amending subsection (2), see section 1 of chapter 196, Session Laws of Colorado 2003. For the legislative declaration in HB SB 19-1186, see section 1 of chapter 94, Session Laws of Colorado 2019.