DEPARTM ENT OF EDUCATION

Colorado State Board of Education

COLORADO EDUCATOR LICENSING ACT OF 1991

1 CCR 301-37

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1.21 State me nt of Basis and Purpose for Ame ndment

The s tatutory authority for the am endm ents to thes e Rules is found in Sections 22-2-107 (l) (c) and 22-60.5-101, et s eq., C.R .S.  The am endm ents are neces sitated by enactm ent of SB 08-208, SB 10-175 and HB 11-1121, which, in part, am ended the Colorado Educator Licens ing Act of 1991 with regard to the grounds for denying, s us pending, revoking or annulling licenses . The purpos e of the am endments is to ens ure that thes e Rules are in com pliance with
s tate s tatute.

2260.5-R-15.00  De nial, Suspension, Re vocation, or Annulme nt of Lice nses and School
District Re porting Re quireme nts

15.00(1) The purpos e of this s ection is to es tablis h a procedure for proces s ing com plaints and charges for the denial, s us pension, revocation or annulm ent of licens es, including lifetime certificates, endors ements, and authorizations , and to es tablish and define s tandards against which s aid com plaints and charges m ay be judged. Thes e Rules als o provide due proces s protections for licens e holders and applicants against whom com plaints and charges have been lodged, and s pecify requirem ents for s chool dis trict reports concerning em ployee m isconduct to the Departm ent. For the purpos e of this s ection, licens e s hall m ean any licens e, certificate, authorization or endors ement is sued by the Departm ent on or after July 1, 1994, purs uant to Section 22-60.5-101, C.R.S., and any certificate, letter of authorization, or endors em ent is s ued by the Departm ent on or before June 30, 1994, purs uant to Section 22-60-101, C.R.S.

15.00(2) A licens e m ay be denied, annulled, s us pended or revoked by the State Board of Education in accordance with the State Adm inis trative Procedures Act, Sections 24-4-101 through 107, C.R.S., in the following circum stances:

15.00(2)(a) a licens e m ay be denied if the applicant attem pts to obtain the licens e through m is representation or fraud or through m is leading information or an untruthful s tatem ent s ubmitted or offered with the intent to m is represent or
m is lead or to conceal the truth;

15.00(2)(b) a licens e m ay be annulled if the holder obtained the licens e through m isrepresentation or fraud or through m is leading information or an untruthful s tatem ent s ubmitted or offered with the intent to m is represent or m is lead or to conceal the truth. A licens e m ay be annulled or m odified if the Departm ent m is takenly is s ued the licens e and it is s ubs equently determ ined that the holder is not entitled to the licens e due to a failure to m eet educational or non-educational requirements in effect when the licens e was is sued;

15.00(2)(c) a licens e m ay be denied, s us pended or revoked when the applicant or holder is or has ever been
determ ined to be m entally incom petent by a court of com petent juris diction and a court has entered, purs uant to Part
3 or Part 4 of Article 14 of Title 15 or Section 27-65-109 (4) or 27-65-127, C.R.S., an order s pecifically finding that the m ental incom petency is of s uch a degree that the applicant or holder is incapable of continuing to perform his or her job; except that the licens e of a pers on who has been determ ined to be

m entally incom petent and for whom s uch an order has been entered s hall be denied, revoked or s us pended by operation of law without a hearing, notwiths tanding the provis ions of Section 22-60.5-108, C.R.S.;

15.00(2)(d) a licens e m ay be denied, s us pended or revoked when the applicant or holder is or has ever been convicted of, pleads or has ever pled nolo contendere to or receives or has ever received a deferred s entence for a violation of any law of this s tate involving contributing to the delinquency of a m inor, as des cribed in s ection 18-6-701, C.R.S.; a m is demeanor, the underlying factual bas is of which has been found by the court on the record to involve dom es tic violence, as defined in Section 18-6-800.3 (1) C.R.S., and the conviction is a s econd or s ubs equent conviction for the s am e offens e; m is demeanor s exual as sault, as des cribed in Section 18-3-401 2 C.R.S.;
m is demeanor unlawful s exual conduct as des cribed in Section 18-3-404, C.R.S.; m is demeanor s exual as sault on a client by a ps ychotherapis t, as des cribed in Section 18-3-405.5 C.R.S.; m is demeanor child abuse, as des cribed in Section 18-6-401, C.R.S.; or a crim e under the laws of the United States , another s tate, a m unicipality of this s tate or another s tate, or any territory s ubject to the juris diction of the United States , the elem ents of which are s ubs tantially
s im ilar to one of the offens es des cribed in this paragraph (d).

15.00(2)(e) a licens e m ay be denied, s us pended or revoked when the applicant or holder is or has ever been found guilty of or pleads or has ever pled guilty or nolo contendere to a m is demeanor violation of any law of this s tate or another s tate, any m unicipality of this s tate or another s tate, or the United States or any territory s ubject to the
juris diction of the United States involving the illegal s ale of controlled s ubstances, as defined in Section 12-22-303 (7), C.R.S.;

15.00(2)(f) a licens e m ay be denied, s us pended or revoked when the applicant or holder is or has ever been found guilty of a felony, other than a felony des cribed in Section 15.00 (3) of thes e Rules , or upon the court's acceptance of a guilty plea or a plea of nolo contendere to a felony, other than a felony des cribed in Section 15.00 (3) of thes e
Rules , in this s tate or under the laws of any other s tate, the United States , or any territory s ubject to the juris diction of the United States , of a crim e which, if com m itted within this s tate, would be a felony, other than a felony des cribed in Section 15.00 (3) of thes e Rules , when the com m is sion of s aid felony, in the judgm ent of the State Board of Education, renders the applicant or holder unfit to perform the s ervices authorized by his or her licens e;

15.00(2)(g) a licens e m ay be denied, s us pended or revoked when the applicant or holder has ever received a
dis pos ition or an adjudication for an offens e involving what would cons titute a phys ical as s ault, a battery, or a drug- related offens e if com m itted by an adult and the offens e was com m itted within the ten years preceding the date of the applicant or holder’s application for a licens e;

15.00(2)(h) a licens e m ay be denied, s us pended or revoked when the applicant or holder forfeits or has ever forfeited any bail, bond or other s ecurity depos ited to s ecure the appearance by the applicant or holder who is charged with having com m itted a felony or m is demeanor, pays or has ever paid a fine, enters or has ever entered a plea of nolo contendere, or receives or has ever received a deferred or s us pended s entence imposed by the court for
any offens e des cribed in Sections 15.00 (3) (a), or 15.00 (3) (b), 15.00 (3) (d) or 15.00 (3)(e) of thes e Rules ;

15.00(2)(i) notwiths tanding any provis ion of Section 15.00 (3) of thes e Rules to the contrary, a licens e m ay be denied, s us pended or revoked when the State Board of Education determ ines an applicant or holder who held a
licens e prior to June 6, 1991, has ever been convicted of an offens e des cribed in Sections 15.00 (3) (a) - 15.00 (3) (d) of thes e Rules , unles s the applicant or holder was previous ly afforded the rights s et forth in Section 22-60.5-108, C.R.S., with res pect to the offens e and the applicant or holder received or retained his or her licens e as a res ult;

15.00(2)(j) a licens e m ay be s us pended when the holder without good caus e, res igns or abandons his or her contracted pos ition with a s chool dis trict without giving written notice to the em ploying local board of education of his or her intent to term inate his or her em ploym ent contract for the s ucceeding academic year at leas t thirty days prior to the com m encement of the s ucceeding academic year or the com m encement of s ervices under his or her em ployment contract or without giving written notice to the em ploying local board of education of his or her intent to term inate his
or her em ploym ent contract for the current academ ic year at leas t thirty days prior to the date he or s he intends to s top perform ing the s ervices required by the em ploym ent contract.

15.00(2)(k) a licens e m ay be denied, annulled, s uspended or revoked when the State Board of Education finds and determ ines that the applicant or holder is or has ever been profes s ionally incom petent, as des cribed in Section 15.01 of thes e Rules ;

15.00(2)(l) a licens e m ay be denied, annulled, s us pended or revoked when the State Board of Education finds and determ ines that the applicant or holder is or has ever been guilty of unethical behavior, as des cribed in Section 15.02 of thes e Rules .

15.00(2)(m ) a licens e m ay be s us pended or revoked for a period not les s than 90 days when the State Board of Education finds and determ ines that the licens ee knowingly and intentionally failed to protect s tudent data, purs uant to 22-1-123 C.R.S.

15.00(2)(n) a licens e m ay be denied, s us pended or revoked when the applicant or holder is or has ever been convicted of, pleads or has ever pled nolo contendere to or receives or has ever received a deferred s entence for a m is demeanor com mitted under the laws of the United States , another s tate, a m unicipality of another s tate, or any territory s ubject to the juris diction of the United States , the elem ents of which are s ubs tantially s im ilar to s exual
exploitation of children as des cribed in Section 18-6-403 (3) (b.5), C.R.S.

15.00(3) a licens e s hall be denied, annulled, s uspended or revoked by the State Board of Education in accordance with the State Adm inis trative Procedures Act, Sections 24-4-101 through 107, C.R.S., in the following circum stances:

15.00(3)(a) a licens e s hall be denied, s uspended or revoked when the applicant or holder is or has ever been convicted by a jury verdict or by entry of a verdict or acceptance of a guilty plea or a plea of nolo contendere by a court of felony child abus e, as s pecified in Section 18-6-401, C.R.S.; a crim e of violence, as defined in Section 18-
1.3-406, C.R.S.; a felony offens e involving unlawful s exual behavior, as defined in Section 16-22-102 (9), C.R.S.; or a felony offens e in another s tate, the United States , or territory s ubject to the juris diction of the United States , the elem ents of which are s ubs tantially s im ilar to the elem ents of one of the offens es des cribed in this paragraph (a);

15.00(3)(b) a licens e s hall be denied, s uspended or revoked when the applicant or holder is or has ever been convicted by a jury verdict or by entry of a verdict or acceptance of a guilty plea or a plea of nolo contendere by a court of indecent expos ure, as des cribed in Section 18-7-302 C.R.S., or of a crim e under the laws of another s tate, a m unicipality of this or another s tate, the United States , or a territory s ubject to the juris diction of the United States , the elem ents of which are s ubs tantially s im ilar to the offens e of indecent expos ure des cribed in this paragraph (b);

15.00(3)(c) a licens e s hall be denied, s uspended or revoked when the applicant or holder receives or has ever received a dis position or an adjudication for an offens e that would cons titute felony unlawful s exual behavior, as defined in Section 16-22-102 (9), C.R.S., if com m itted by an adult;

15.00(3)(d) a licens e s hall be denied,sus pended or revoked when the applicant or holder is or has ever been convicted by a jury verdict or by entry of a verdict or acceptance of a guilty plea or a plea of nolo contendere by a court of a felony, the underlying factual bas is of which has been found by the court on the record to include an act of dom es tic violence, as defined in Section 18-6-800.3, C.R .S., or of a felony offens e in another s tate, the United States , or territory s ubject to the juris diction of theUnited States , the elem ents of which are s ubs tantially s im ilar to the elem ents of the offens e des cribed in this paragraph (d). Thes e grounds for m andatory denial, s us pension or revocation of a licens e s hall only apply for a period of five years following the date the offens e was com m itted, provided the applicant or holder has s ucces sfully com pleted any dom es tic violence treatm ent required by the court.

15.00(3)(e) a licens e s hall be denied, s uspended or revoked if the applicant or holder is or has ever been convicted by a jury verdict or by entry of a verdict or acceptance of a guilty plea or a plea of nolo contendere by a court of a

felony drug offens e des cribed in Part 4 of Article 18 of Title 18, C.R.S., com m itted on or after Augus t 25, 2012. This requirem ent for denial, s us pension or revocation of a licens e s hall only apply for a period of five years following the date the offens e was com m itted.

15.00(3)(f) a licens e s hall be denied, s us pended or revoked when the applicant or holder fails to s ubm it his or her fingerprints taken by a qualified law enforcem ent agency to the Departm ent within thirty days after receipt of the Departm ent's written reques t for fingerprints , which fingerprint s ubmission the Departm ent required upon finding probable caus e to believe that the applicant or holder had been convicted of a felony or m is demeanor, other than a m is demeanor traffic offens e or traffic infraction, s ubs equent to his or her licens ure.

15.00(4) The State Board of Education m ay  take im m ediate action to deny, annul or s us pend a licens e without a hearing, notwiths tanding the provis ions of Section 22-60.5-108, C.R.S., upon receipt of a certified copy of the judgm ent of conviction, a deferred s entence, or the acceptance of a guilty plea or a plea of nolo contendere for any
violation of Sections 15.00 (2) (d),15.00 (2) (e) or 15.00 (2) (n) of thes e Rules , or upon receipt of a certified copy of the judgm ent of conviction or the acceptance of a guilty plea or a plea of nolo contendere for any violation of Sections 15.00 (3) (a) - 15.00 (3)   (e) of thes e Rules . The State Board of Education m ay revoke a s us pended licens e bas ed on a violation of Sections 15.00 (2) (d), 15.00 (2) (e) or 15.00 (2) (n) of thes e Rules and s hall revoke a s us pended license bas ed on a violation of Sections 15.00 (3) (a) - 15.00 (3) (e)  of thes e Rules without a hearing and without any further action after the exhaus tion of all appeals , if any, or after the tim e for s eeking an appeal has elaps ed, and upon the entry of a final judgm ent. A certified copy of the judgm ent of a court of com petent juris diction of a conviction, a deferred s entence, or the acceptance of a guilty plea or a plea of nolo contendere s hall be conclus ive evidence of s uch conviction or plea for the purpos es of Sections 15.00 (2) (d), 15.00 (2) (e) and
15.00 (2) (n) of thes e Rules . A certified copy of the judgm ent of a court of com petent juris diction of a conviction or the acceptance of a guilty plea or a plea of nolo contendere s hall be conclus ive evidence of s uch conviction or plea for
the purpos es of Sections 15.00 (3) (a) - 15.00 (3) (e) of thes e Rules .

15.00(5) In cas es where the State Board of Education deem s s ummary s us pension is appropriate, purs uant with
Section 24-4-104 (4), C.R.S., proceedings for s us pension or revocation m ay be ins tituted upon the Board's own
m otion without the neces s ity for having a charge filed purs uant to thes e regulations. The holder s hall be entitled to a pos t-deprivation hearing cons istent with Section 24-4-105, C.R.S. At s uch hearing, the burden of proof s hall res t with the holder.