DEPARTMENT OF EDUCATION
Colorado State Board of Education
Parental Notification Upon an Arrest Made or Charges Brought Against School Employee 
1 CCR 301-83
Authority:  Article IX, Section 1, Colorado Constitution, § §22-2-106(1) (a) and (c); 22-2-107(1) (c).

STATEMENT OF BASIS AND PURPOSE

Basis for Rulemaking authority:  22-2-107(1)(c) provides that the state board has the power to promulgate and adopt policies, rules, and regulations concerning general supervision of the public schools, the department, and the educational programs maintained and operated by all state governmental agencies for persons who have not completed the twelfth-grade level of instruction.  
In order to provide a learning environment that is safe and conducive to the learning process, this rule requires that parents are notified when an arrest is made or charges are brought against an employee of a school, if the charges are based on offenses set forth in the rule. 
2.00	The local board of education, charter school board, board of cooperative educational services or its designee (the “notifying party”) shall, after consulting with the charging criminal justice agency, notify all parents of the students enrolled in a school when an arrest is made or charge are brought, whichever occurs earlier, of an employee of the school by any law enforcement agency.  
2.01	The notification shall be sent by electronic means or by mail within a twenty-four hour period from the time the notifying party learned of the arrest or charge, whichever occurs earlier, or upon such later date, if requested by the arresting criminal justice agency. 
2.02	The notification to parents shall state:
1.	The name of the employee
2.	His or her position at the school
3.	Whether or not the employee continues to be employed at the school
4.	The length of his or her employment
5.	The alleged offense as set forth in the charge, i.e., violation of statute or code 
6.	A statement providing that under state and federal laws, a person is innocent until proven guilty.

2.03	The notification shall not describe the underlying facts of the case, and shall not disclose the identity of the alleged victim if the alleged victim is a student in the school community.

2.04	Parental notification shall be required only when the employee is arrested or charged with any of the following offenses:
1.	Any felony offense
2.	A misdemeanor offense or municipal ordinance violation involving unlawful sexual behavior
3.	A misdemeanor offense or municipal ordinance violation involving children
4.	A misdemeanor offense or municipal ordinance violation involving indecent exposure
5.	Driving Under the Influence or Driving While Ability Impaired (42-4-1301)

2.05	Notification to parents shall be made whether or not the actions giving rise to the arrest or charge were taken while the employee was acting within the scope of his or her employment with the school.   Notification shall be provided regarding former employees, only when the basis of the arrest or charge  concerns conduct involving a student in the school community or   occurring on school grounds. 
2.06	Parental notification shall be incorporated into the school district’s safe school plan pursuant to 22-32-109.1.  
2.07	Parental notification shall be incorporated into any written agreements with law enforcement officials, the juvenile justice system, and social services, as allowed under state and federal law pursuant to 22-32-109.1(3).