22-32-109.8. Applicants selected for nonlicensed positions - submittal of form and fingerprints - prohibition against employing persons failing to comply - department database.

Statute text

(1) Except as otherwise provided in paragraph (a) of 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 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 or authorized employee of such school district and a notarized, completed form as specified in subsection (2) of this section. Said fingerprints and form shall 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 any person in a noncertificated 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) 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.

(5) A school district may employ any person in a noncertificated position in such school district prior to receiving the results regarding such selected applicant's fingerprints; however, the school district may terminate the employment of such person if the results are inconsistent with the information provided by the person in the form submitted pursuant to subsection (1) of this section. The school district shall notify the proper district attorney of such inconsistent results for purposes of action or possible prosecution.

(6) (a) When any school district finds good cause to believe that any nonlicensed personnel employed by such school district has been convicted of any felony or misdemeanor other than a misdemeanor traffic offense or traffic infraction subsequent to such employment, such school district shall require such person to submit to the school district a complete set of his or her fingerprints taken by a qualified law enforcement agency. Said fingerprints shall be submitted within twenty days of receipt of written notification from the school district. The school district shall forward the fingerprints of such 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.

(b) School districts shall not charge noncertificated personnel any fees for the direct and indirect costs of such school district for fingerprint processing performed pursuant to the provisions of this subsection (6).

(7) For purposes of this section, a person is deemed to be convicted of committing a felony or misdemeanor if such 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 plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court.

(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.)

(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.

History

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.