22-32-109.7. Board of education - specific duties - employment of personnel - definitions.

Statute text

(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.

History

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.

Annotations

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.