Mandatory CDE Enforcement Reporting

District Mandatory Enforcement Reporting Requirements

• The superintendent is delegated the responsibility for notifying the Colorado Department of Education as soon as possible but no later than ten (10) business days after the employee’s dismissal. The superintendent shall provide any information requested by CDE concerning the circumstances of the dismissal.
• The district also shall notify the employee that information concerning the dismissal is being forwarded to CDE unless such notice would conflict with the confidentiality requirements of the Child Protection Act.

If the district learns that a current employee has been convicted of, pleaded nolo contendere to or received a deferred sentence or deferred prosecution for any felony or misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the superintendent shall immediately report this information to CDE. In addition, the superintendent shall immediately notify CDE when a dismissal action against a licensed employee is based upon the employee’s conviction, guilty plea, plea of nolo contendere or deferred sentence for any of the following offenses:

• Any felony, including but limited to felony child abuse, felony unlawful sexual behavior, a felony offense involving unlawful sexual behavior, and felony offense involving an act of domestic violence; 

• A crime of violence; 

• Indecent exposure;

• Contributing to the delinquency of a minor;

• Misdemeanor domestic violence;

• Misdemeanor sexual assault;

• Misdemeanor unlawful sexual conduct;

• Misdemeanor sexual assault on a client by a psychotherapist;

• Misdemeanor child abuse;

• Misdemeanor sexual exploitation of children;

• Misdemeanor involving the illegal sale of controlled substances;

• Physical assault;

• Battery; or

• A drug-related offense

The superintendent shall also notify CDE when: 

• The county department of social services or the local law enforcement agency reasonably believes that an incident of child abuse or neglect has occurred and the employee is the suspected perpetrator and was acting in an official capacity as an employee of the district.

• The board reasonably believes that an employee is guilty of unethical behavior or professional incompetence.

Superintendents or other designated executive staff for public, charter or private schools should submit the Colorado Department of Education Notification Form by email to CDELicensingBackgroundUnit@cde.state.co.us or you may submit a completed Notification Form via US mail to Colorado Department of Education, Educator Talent | Enforcement Unit, 201 E. Colfax Ave., Denver, CO 80203.

Detailed Information from Colorado Statute and Rule

Colorado public school districts and public charter schools are also required by state statute and/or regulation to communicate with CDE in the following circumstances:

• Pursuant to Section 19-3-308(5.7), Colorado Revised Statutes: Upon initial investigation of a report alleging abuse or neglect in which the suspected perpetrator was acting in his official capacity as an employee of a school district, if the county department [of human services] or the local law enforcement agency reasonably believes that an incident of abuse or neglect has occurred, it shall immediately notify the superintendent of the school district who shall consider such report to be confidential information; except that the superintendent shall notify the department of education of such investigation.      

• Pursuant to Section 22-30.5-110.5(7)(a), Colorado Revised Statutes: If an employee of a charter school is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, that is supported by a preponderance of the evidence, the governing board of the charter school shall notify the department and provide any information requested by the department concerning the circumstances of the dismissal or resignation.  The charter school shall also notify the employee that information concerning the employee’s dismissal or resignation is being forwarded to the department unless the notice would conflict with the confidentiality requirements of the “Child Protection Act of 1987”, part 3 of article 3 of title 19, C.R.S.

• Pursuant to Section 22-30.5-110.5(7)(b), Colorado Revised Statutes: If a charter school learns from a source other than the department that a current or past employee of the charter school has been convicted of, pleaded guilty to, pleaded nolo contendere to or has received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the charter school shall notify the department.                                            

• Pursuant to Section 22-32-109.7(3), Colorado Revised Statutes:  If an employee of a school district is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of the evidence, within ten business days after the dismissal or resignation, the board of education of the school district shall notify the department of education and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The district shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department of education unless the notice would conflict with the confidentiality requirements of the "Child Protection Act of 1987", part 3 of article 3 of title 19, C.R.S. A public school district or charter school shall not enter into a settlement agreement that would restrict the school district or charter school from sharing any relevant information related to a conviction for child abuse or a sexual offense against a child as defined by section 13-80-103.9 (1) (c), C.R.S., pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based.

• Pursuant to Section 22-32-109.7(3.5), Colorado Revised Statutes:  Whenever a school district learns from a source other than the department of education that a current or past employee of the school district has been convicted of, pleaded nolo contendere to or has received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the school district shall notify the department of education.

• Pursuant to 1 Code of Colorado Regulations 301-37, 2260.5-R-10.05(1):  If an employee of a school district is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of the evidence, within 10 business days after the dismissal or resignation, the board of education of the school district shall notify the department of education and provide any information requested by the department concerning the circumstances of the dismissal or resignation.

• Pursuant to 1 Code of Colorado Regulations 301-37, 2260.5-R-10.05(2): The local board of education, charter school, BOCES or its designee shall immediately notify the Department when any dismissal action or acceptance of resignation concerning a district, charter school or BOCES employee is based upon a violation resulting in a conviction, guilty plea, plea of nolo contendere or deferred sentence as set forth in sections 15.00(2)(d)-(h) and 15.00(3)(a)-(c) of these rules. The local board, charter school, BOCES or its designee shall provide any information requested by the department concerning the circumstances of the employee's dismissal or resignation.                       

• Pursuant to 1 Code of Colorado Regulations 301-37, 2260.5-R-10.05(3): The local board of education, charter school, BOCES or its designee shall immediately notify the Department when any dismissal action or acceptance of resignation concerning a district, charter school or BOCES employee is based upon a violation resulting in a conviction, guilty plea, plea of nolo contendere or deferred sentence as set forth in sections 15.00(2)(d)-(h) and 15.00(3)(a)-(c) of these rules. The local board, charter school, BOCES or its designee shall provide any information requested by the department concerning the circumstances of the employee's dismissal or resignation.

• Pursuant to 1 Code of Colorado Regulations 301-37, 2260.5-R-10.05(4):  The local board of education, charter school, BOCES or its designee shall notify the Department when the local board, charter school or BOCES reasonably believes that one of its employees is guilty of unethical behavior or professional incompetence as set forth in sections 15.01 and 15.02 of these rules. The local board, charter school, BOCES or its designee shall provide any information requested by the department concerning the employee's behavior or competence.

• Pursuant to 1 Code of Colorado Regulations 301-37, 2260.5-R-10.05(5):  The local board of education, charter school, BOCES or its designee shall notify the Department when the local board, charter school or BOCES learns from a source other than the Department that a current or past employee of the district, charter school or BOCES has been convicted of, has pleaded nolo contendere to or has received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children.

Resources

Colorado Revised Statutes: http://www.lexisnexis.com/hottopics/Colorado/

• 19-3-308(5.7) Children’s Code – Child Abuse and Neglect
• 22-30.5-110.5(1)-(2), (7)(a)-(7)(b) Education School Districts – Charter Schools Act
• 22-32-109.7(1)-(3.5) Education School Districts – Board of Education - Specific Duties – Employment of Personnel
• 22-60.5-107 Colorado Educator Licensing Act – Grounds for denying, suspending, or revoking license, certificate, endorsement, or authorization

Rules for the Administration of the Educator Licensing Act of 1991 1 CCR 301-37: https://www.sos.state.co.us

• Rule 10.00 Denial, Suspension, Revocation or Annulment of Licenses and School District Reporting Requirements
• Rule 10.05 Mandatory Reporting of Misconduct