C.R.S. § 22-2-119.3: Department of education - educator preparation program students - record check - fee - definitions.

(1) A student requesting a criminal history record check must submit to the Colorado bureau of investigation a complete set of his or her fingerprints taken by a qualified law enforcement agency, an authorized employee of the department and notarized, or any third party approved by the Colorado bureau of investigation. 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 student information for more than thirty days unless requested to do so by the student. The student shall submit the fingerprints for the purpose of obtaining a fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation to determine whether the student has a criminal history. The student shall pay to the Colorado bureau of investigation the fee established by the bureau for conducting the criminal history record check. Upon completion of the criminal history record check, the bureau shall forward the results to the department.

(2) (a) On a form provided by the department of education, the student shall certify, under penalty of perjury, either:

(I) That they have not been convicted of committing:

(A) A felony, regardless of the date of conviction;

(B) A misdemeanor for which, as an element of the offense, the victim was an at-risk person, as defined in section 18-6.5-102, or a child who was under eighteen years old, regardless of the date of conviction;

(C) Any other misdemeanor if the application is submitted in the seven years after the date of the disposition of the conviction for the misdemeanor, excluding any misdemeanor traffic offense or traffic infraction; or

(D) A misdemeanor enumerated as grounds for denial, annulment, suspension, or revocation of a license, certificate, endorsement, or authorization pursuant to section 22-60.5-107 (2)(b), regardless of the date of conviction; or

(II) That they have been convicted of committing a felony; a misdemeanor for which, as an element of the offense, the victim was an at-risk person, as defined in section 18-6.5-102, or a child who was under eighteen years old, regardless of the date of conviction; any other misdemeanor in the seven years after the date of the disposition of the conviction, excluding any misdemeanor traffic offense or traffic infraction; or any misdemeanor enumerated as grounds for denial, annulment, suspension, or revocation of a license, certificate, endorsement, or authorization pursuant to section 22-60.5-107 (2)(b) regardless of the date of conviction. Each conviction in these four categories must be listed in the certification. For each conviction listed in the certification, the applicant 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.

(b) Furnish the following information to the department:

(I) The educator preparation program in which the student is enrolled;

(II) The school districts or charter schools in which the student has been placed for field experiences; and

(III) Any other information required by the department to release the results of a record check pursuant to this section.

(2.5) Subsection (2) of this section does not alter the department's obligation to evaluate criminal convictions in accordance with section 24-5-101.

(3) When the results of a fingerprint-based criminal history record check of a student performed pursuant to this section reveal a record of arrest without a disposition, the department shall perform a name-based judicial record check of that student.

(4) (a) Within seven days after receiving the results of a record check conducted pursuant to this section, the department shall provide the results of the record check, to the extent permitted by state or federal law or regulation, to the educator preparation program in which the student is enrolled and to any school district or charter school that has made an inquiry to the department concerning the results of a record check of a student who has been placed in the school district or charter school for field experiences.

(b) The student shall provide, on a form approved by the department, additional school districts or charter schools in which the student has been placed for field experiences.

(c) When the Colorado bureau of investigation provides the department with an update regarding a student who was previously subject to a fingerprint-based criminal history record check, the department shall provide that update to each education preparation program, school district, and charter school identified by the student as a school district or charter school in which the student has been placed for field experiences pursuant to this section.

(5) The department may establish and collect a fee that is based on the department's actual costs associated with administration of this section.

(6) As used in this section, unless the context otherwise requires:

(a) "Charter school" means a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22 or a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22.

(b) "Convicted" or "conviction" means a conviction by a jury verdict or by entry of a verdict or acceptance of a guilty plea by a court and also includes the forfeiture of any bail, bond, or other security deposited to secure the appearance by a person charged with having committed a felony or misdemeanor, the payment of a fine, a plea of nolo contendere, the imposition of a deferred or suspended sentence by the court, or an agreement for a deferred prosecution approved by the court.

(c) "Educator preparation program" means an approved educator preparation program as defined in section 22-60.5-121 (1)(b).

(d) "Name-based judicial record check" means a background check performed using judicial department records that includes an individual's conviction and final disposition of case records.

(e) "Student" means a student enrolled in an educator preparation program who has been placed in a school district or charter school for a position that will provide field experiences to prepare the student to be a teacher or other school professional.