SecondHB1269_S_JUD.001 RegularNOT SessionAMENDED Seventy-firstSENATE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE REENGROSSEDREPORT This_______________________________ VersionApril Includes25, All2018 AmendmentsChairman Adoptedof inCommittee theDate HouseCommittee ofon IntroductionJudiciary. LLS NO.

18-0378.02After Britaconsideration Darlingon x2241the HOUSEmerits, BILLthe 18-1269Committee HOUSErecommends SPONSORSHIPthe Lundeenfollowing: and Pettersen, SENATE SPONSORSHIP Hill and Fields, House Committees Senate Committees Judiciary A BILL FOR AN ACT C ONCERNING NOTIFICATION TO PARENTS OF CHARGES BROUGHT AGAINST PUBLIC SCHOOL EMPLOYEES FOR ALLEGED FELONY OFFENSES THAT WOULD RESULT IN THE REVOCATION OF AN EDUCATOR LICENSE PURSUANT TO TITLE 22, C OLORADO R EVISED S TATUTES .

eHB18-1269 nbe Billreferred Summaryto mthe 1Committee Eof nthe 2Whole Uwith Ufavorable 0recommendation (Note:and with a recommendation that it be placed on the consent calendar.

This** summary*** applies** to*** this** bill*HB1269_S_JUD.001* as introduced and does O i i notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill H a p R A passes third reading in the house of introduction, a bill summary that r applies to the reengrossed version of this bill will be available at 3 http://leg.colorado.gov.) The bill requires school districts, district charter schools, institute i a 1 charter schools, and boards of cooperative services (local education E e 2 U d 9 O 2 i Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

H d p Capital letters or bold & italic numbers indicate new material to be added to existing statude.

Dashes through the words indicate deletions from existing statute.

e A providers) to notify parents of students enrolled in a local education provider of charges brought against an employee or former employee, who has or had contact with students, if the charges are for one of the offenses that requires the denial, suspension, or revocation of a teacher license if the employee were a teacher.

A local education provider may provide notice to parents of charges brought against an employee for one of the offenses that could result in the denial, suspension, or revocation of a teacher license if the employee were a teacher.

The bill specifies the students whose parents must receive notification and the information that a local education provider shall include in the parent notification.

The local education provider shall notify parents by mail or electronic means within 2 business days after learning of the charge unless the charging criminal justice agency requests a delay in notification.

If notice is sent to parents, the local education provider shall also send notice within 2 business days to the sameparentsinthesamemannerregardingthedispositionofthecharges.

Each local education provider and the judicial districts in which thelocaleducationproviderislocatedshallenterintoawrittenagreement concerningthedisseminationofinformationtoalocaleducationprovider regarding charges brought against employees.

The bill requires a local education provider to use best efforts to comply with the notification requirements and exempts the local education provider from liability for damages that may arise from its failure to comply with the notification provisions included in the bill.

The bill prohibits the state board of education from waiving the requirements of the bill relating to parent notification for school districts orforcharterschoolsauthorizedbyaschooldistrictorbythestatecharter school institute.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.

In Colorado Revised Statutes, add 22-1-130 as follows:

22-1-130.

Notice to parents of alleged criminal conduct by school employees - legislative declaration - definitions.

(1) (a) T HE GENERAL ASSEMBLY FINDS THAT :

(I) TISTHERIGHTANDRESPONSIBILITYOFPARENTSTOGUIDETHE EDUCATION AND UPBRINGING OF THEIR CHILDREN ;

-2- 1269 (II) AN ESSENTIAL ROLE OF PARENTS IN ENSURING THE SAFETY AND QUALITY OF THEIR CHILDREN 'S EDUCATION IS TO REMAIN ACTIVE, ENGAGED ,AND FULLY INFORMED ABOUT WHAT IS OCCURRING IN THEIR CHILDREN S CLASSROOMS AND WITHIN THE SCHOOL ENVIRONMENT ;

(III) NSURING THE SAFETY OF SCHOOL CHILDREN IS ONE OF THE PRIMARY RESPONSIBILITIES OF STATE AND LOCAL GOVERNMENT ,LAW ENFORCEMENT ,AND SCHOOL COMMUNITIES ;

(IV) IN ORDER TO ENSURE A SAFE SCHOOL ENVIRONMENT THAT IS CONDUCIVE TO LEARNING ,STUDENTS AND PARENTS MUST BE ASSURED THAT CRIMINAL BEHAVIOR THAT IS HARMFUL TO CHILDREN IS REPORTED AND DEALT WITH APPROPRIATELY AND IN A MANNER THAT IS TRANSPARENT TO PARENTS AND THE SCHOOL COMMUNITY ;AND (V) P ARENTS ARE UNDERSTANDABLY CONCERNED WHEN LAW ENFORCEMENTAGENCIESMAKEACCUSATIONSABOUTSCHOOLEMPLOYEES AT THEIR CHILDREN'S SCHOOLS.

(b) T HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IT IS APPROPRIATE TO REQUIRE A PUBLIC SCHOOL TO NOTIFY PARENTS OF SCHOOLCHILDRENWHENASCHOOLEMPLOYEEISCHARGEDWITHCERTAIN CRIMES THAT MAY PUT CHILDREN AT RISK.

(2) A S USED IN THIS SECTI,UNLESS THE CONTEXT OTHERWISE REQUIRES :

(a) "EMPLOYEE " MEANS AN EMPLOYEE OF A LOCAL EDUCATION PROVIDER WHOSE EMPLOYMENT REQUIRES OR REQUIRED THE EMPLOYEE TOBEINCONTACTWITHSTUDENTSORWHOSEWORKAREAGIVESORGAVE THE EMPLOYEE ACCESS TO STUDENTS ."EMPLOYEE " INCLUDES A FORMER EMPLOYEE IF THE EMPLOYEE WAS EMPLOYED BY THE LOCAL EDUCATION PROVIDER AT ANY TIME WITHIN TWELVE MONTHS BEFORE AN OFFENSE IS -3- 1269 CHARGED .

IF A SCHOOL DISTRICT, DISTRICT CHARTER SCHOOL , OR INSTITUTECHARTERSCHOOLHASCONTRACTEDWITHAPRIVATEENTITYTO OPERATE AN ONLINE SCHOOL,THE EMPLOYEE OF THE PRIVATE ENTITY IS DEEMEDTOBEANEMPLOYEEOFTHESCHOOLDISTRICT ,DISTRICTCHARTER SCHOOL ,ORINSTITUTECHARTERSCHOOLFORPURPOSESOFTHISSECTION .

(b) "OCALEDUCATION PROVIDER "MEANS A SCHOOLDISTRICT,A BOARDOFCOOPERATIVESERVICES ,ACHARTERSCHOOLCOLLABORATIVE , A CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART 1 OF ARTICLE 30.5OF THIS TITLE22, AND A CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5OF ARTICLE30.5OF THIS TITL22.

(c) "PARENT" MEANS THE BIOLOGICAL OR ADOPTIVE PARENT OR THE LEGAL GUARDIAN OR LEGAL CUSTODIAN OFA STUDENT ENROLLED IN A LOCAL EDUCATION PROVIDER AT THE TIME NOTIFICATION IS MADE PURSUANT TO THIS SECTIO.

(3)(a) URSUANTTOSECTION 22-2-119(4)(b)LOCALEDUCATION PROVIDERS ROUTINELY RECEIVE REPORTS FROM THC OLORADO BUREAU OFINVESTIGATIONRELATINGTOEMPLOYEESWHOHAVEPREVIOUSLYBEEN SUBJECT TO A BACKGROUND CHECK .

F A LOCAL EDUCATION PROVIDER RECEIVES A REPORT FROM THE COLORADO BUREAU OF INVESTIGATION THAT INCLUDES INFORMATION THAT AN EMPLOYEE HAS BEEN ARRESTED FOR AN OFFENSE DESCRIBED IN SUBSECTIO(3)(bOF THIS SECTIO,THE LOCAL EDUCATION PROVIDER SHALL MONITOR THE CRIMINAL PROCEEDINGSTODETERMINEWHETHERTHEEMPLOYEEISCHARGEDWITH AN OFFENSE DESCRIBED IN SUBSECTION (3)(b)OF THIS SECTION AND WHETHER A PRELIMINARY HEARING HAS BEEN HELD IF THE CHARGE IS ELIGIBLE FOR A PRELIMINARY HEARIN.

-4- 1269 (b) THE LOCALEDUCATIONPROVIDERSHALLNOTIFYPARENTS ,AS PROVIDED IN SUBSECTION (4) OF THIS SECTION, IF AN EMPLOYEE IS CHARGED ,AS THAT TERM IS DEFINED IN SECTI16-1-104 (6)WITH :

(I) FELONY CHILD ABUSE,AS SPECIFIED IN SECTIO18-6-401;

(II) A CRIME OF VIOLENCE,AS DEFINED IN SECTION18-1.3-406, NOT INCLUDING ASSAULT IN THE SECOND DEGREE UNLESS THE VICTIM IS A CHILD;

(III) A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR ,AS DEFINED IN SECTION16-22-102 (9);

(IV) A FELONY ,WHERE IT IS ALLEGED THAT THE UNDERLYING FACTUAL BASIS OF WHICH INCLUDES AN ACT OF DOMESTIC VIOLENCE,AS DEFINED IN SECTION18-6-800.3;

(V) F ELONY INDECENT EXPOSURE , AS DESCRIBED IN SECTION 18-7-302;OR (VI) A FELONY DRUG OFFENSE DESCRIBED IN PART 4OF ARTICLE 18 OF TITLE18,THAT IS A LEVE1 OR LEVEL 2DRUG FELONY .

(4) (a) W ITHIN TWO SCHOOL DAYS AFTER THE PRELIMINARY HEARING IS HELD OR IS WAIVED OR DEEMED WAIVED BY THE EMPLOYEE , ORWITHINTWOSCHOOLDAYSAFTERTHEDATEONWHICHTHE EMPLOYEE IS CHARGED ,IF THE CHARGED OFFENSE IS NOT ELIGIBLE FOR A PRELIMINARYHEARING THELOCALEDUCATIONPROVIDERSHALLPROVIDE NOTICE TO PARENTS PURSUANT TO SUBSECTION (5)OF THIS SECTIO.