(1) A person applying for employment with a charter school to whom an offer of employment is extended shall submit to the charter school a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of the charter school and notarized, or any third party approved by the Colorado bureau of investigation. At the request of a charter 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 pursuant to this section if an approved thirdparty vendor is not operating within twenty miles of the charter 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 information for more than thirty days unless requested to do so by the applicant.
(2) On a form provided by the charter school, an applicant to whom an offer of employment is extended shall certify, under penalty of perjury, either:
That he or she has never been convicted of committing any felony or misdemeanor,but not including any misdemeanor traffic offense or traffic infraction; or
That he or she has been convicted of committing a felony or misdemeanor, but notincluding any misdemeanor traffic offense or traffic infraction. The certification shall specify the felony or misdemeanor for which the applicant was convicted, the date of the conviction, and the court entering the judgment of conviction.
In addition to any other requirements established by law, the submittal of fingerprintspursuant to subsection (1) of this section and of the form pursuant to subsection (2) of this section shall be a prerequisite to the employment of any person in a charter school. A charter school shall not employ a person who has not complied with the provisions of subsections (1) and (2) of this section.
(a) A charter school to which fingerprints are submitted pursuant to subsection (1) of this section shall forward the 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 employee performed pursuant to this subsection (4) reveal a record of arrest without a disposition, the charter school shall require that employee to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d).
(5) (a) A charter school may employ a person in the charter school prior to receiving the results of the person's fingerprint-based criminal history record check or name-based criminal history record check; except that:
The charter school may terminate the employment of the person if the results areinconsistent with the information provided by the person in the form submitted pursuant to subsection (2) of this section; and
The charter school shall terminate the person's employment if the results disclose aconviction for an offense described in section 22-32-109.8 (6.5).
(b) The charter school 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 charter school finds good cause to believe that a person employed by the charter school has been convicted of a felony or misdemeanor, other than a misdemeanor traffic offense or traffic infraction, subsequent to such employment, the charter school shall require the person to submit to the charter school a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of the charter school, or any third party approved by the Colorado bureau of investigation. At the request of the charter school, a law enforcement agency that has fingerprinting equipment that meets the federal bureau of investigation image quality standards shall take the fingerprints of a person pursuant to this section if an approved third-party vendor is not operating within twenty miles of the charter 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 information for more than thirty days unless requested to do so by the applicant. The employee shall submit his or her fingerprints within twenty days after receipt of written notification from the charter school. The charter school shall forward the employee's 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 employee performed pursuant to subsection (6)(a) of this section reveal a record of arrest without a disposition, the charter school shall require that employee to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d).
(6.5) An employee or an applicant for employment with a charter school is disqualified from employment if the results of a fingerprint-based criminal history record check or namebased criminal history record check completed on or after August 10, 2011, disclose a conviction for an offense described in section 22-32-109.8 (6.5). Nothing in this section or in section 22-32109.8 creates for a person a property right in or entitlement to employment or continued employment with a charter school or impairs a charter school's right to terminate employment for a nondiscriminatory reason.
For purposes of this section, a person is deemed to have been convicted of committing a felony or misdemeanor 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 that, if committed within this state, would be a felony or misdemeanor.
For purposes of this section:
"Convicted" means a conviction by a jury or by a court and shall also include theforfeiture 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 guilty, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court.
"Position of employment" means any job or position in which a person may be engaged in the service of a charter school for salary or hourly wages, whether full time or part time and whether temporary or permanent.
(9) (a) The employing charter school shall be responsible for 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 the provisions of this section. The charter school may collect the costs from the employee or the prospective employee.
(b) The employing charter school shall be responsible for costs arising from a namebased criminal history record check performed pursuant to this section. The charter school may collect the costs from the employee or the prospective employee.
(10) 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.
Source: L. 2008: Entire section added, p. 1663, § 3, effective May 29. L. 2011: (5) amended and (6.5) added, (HB 11-1121), ch. 242, p. 1054, § 2, effective August 10. L. 2017: (1) and (6) amended, (SB 17-189), ch. 149, p. 501, § 9, effective August 9. L. 2018: (10) added, (SB
18-229), ch. 232, p. 1451, § 2, effective August 8. L. 2019: (1) and (6) amended, (HB 19-1186), ch. 94, p. 344, § 3, effective April 10; (4), IP(5)(a), (6), (6.5), and (9) amended, (HB 19-1166), ch. 125, p. 545, § 23, effective April 18.
Editor's note: Amendments to subsection (6) by HB 19-1166 and HB 19-1186 were harmonized.
Cross references: (1) In 2011, subsection (5) was amended and subsection (6.5) was 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.