(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 criminal history 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 criminal history 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.
Editor's note: This section is similar to former § 12-59-105.7 as it existed prior to 2017.