§ 22-32-109.9 — Licensed personnel - submittal of fingerprints

Colorado § 22-32-109.9

• Jurisdiction: Colorado
• Title 22: Education
• Art.: School District Boards - Powers

Text

(1) (a) When
any school district finds good cause to believe that any licensed 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 a complete
set of his or her fingerprints taken by a qualified law enforcement agency, an
authorized employee of the school district or board of cooperative services, or any
third party approved by the Colorado bureau of investigation. At the request of a
school district, a law enforcement agency that has fingerprinting equipment that
meets the federal bureau of investigation image quality standards shall take the
fingerprints of an employee pursuant to this section if an approved third-party
vendor is not operating within twenty miles of the school district within the law
enforcement agency's jurisdiction. A school district employee or board of
cooperative services 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 fingerprints must be
submitted within twenty days of receipt of written notification from the school
district.

(b) For purposes of this subsection (1), 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.

(c) For purposes of this subsection (1), 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.

(2) (a) 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.

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

(3) All costs arising from the taking of fingerprints and from any fingerprint
processing performed by the Colorado bureau of investigation pursuant to
subsection (1) of this section and costs arising from the performance of a name-based judicial record check must be borne by school districts. School districts shall
not charge licensed personnel any fees for the direct and indirect costs of the
school district for fingerprint processing or criminal history record checks
performed pursuant to subsection (1) of this section.

Legislative History

Source: L. 90: Entire section added, p. 1113, � 3, effective June 7. L. 93: (1)(a)(I) amended, p. 71, � 2, effective March 26. L. 2000: (1)(a) and (3) amended, p. 1856, � 58, effective August 2. L. 2002: (1)(a) and (2) amended, p. 975, � 10, effective June 1. L. 2017: (1)(a) amended, (SB 17-189), ch. 149, p. 503, � 11, effective August 9. L. 2019: (1)(a) amended, (HB 19-1186), ch. 94, p. 346, � 5, effective April 10; (2) and (3) amended, (HB 19-1166), ch. 125, p. 548, � 27, effective April 18. L. 2022: (2)(b) and (3) amended, (HB 22-1270), ch. 114, p. 521, � 28, effective April 21.