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HOUSE BILL 26-1090
BY REPRESENTATIVE(S) Luck and Martinez, Mabrey, Bacon,
Boesenecker, Bradley, Brooks, Clifford, Duran, English, Goldstein,
Hamrick, Jackson, Joseph, Lieder, Lindsay, Lukens, Marshall, Nguyen,
Slaugh, Soper, Stewart K., Velasco, Woodrow, Zokaie, McCluskie;
also SENATOR(S) Gonzales J., Amabile, Benavidez, Exum, Hinrichsen,
Jodeh, Kipp, Kolker, Marchman, Rodriguez, Snyder, Wallace, Coleman.
CONCERNING TEACHER LICENSING REQUIREMENTS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 22-60.5-103, amend
(2)(a); and add (2)(d) as follows:
22-60.5-103. Applicants - licenses - authorizations - submittal of
form and fingerprints - failure to comply constitutes grounds for denial
- definition.
(2) (a) On a form provided by the department of education, an
applicant shall certify, under penalty of perjury, either:
(I) That he has never THEY HAVE NOT been convicted of committing:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(A) Any A felony, or 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) but not including A NY 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 he has THEY HAVE been convicted of committing any A
felony; or A misdemeanor but not including 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 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. Such certification EACH CONVICTION IN THESE
FOUR CATEGORIES MUST BE LISTED IN THE CERTIFICATION . FOR EACH
CONVICTION LISTED IN THE CERTIFICATION , THE APPLICANT shall specify
such THE felony or misdemeanor for which THE APPLICANT WAS convicted,
the date of such THE conviction, and the court entering the judgment of
conviction.
(2) (d) THIS SUBSECTION (2) DOES NOT ALTER THE DEPARTMENT 'S
OBLIGATION TO EVALUATE CRIMINAL CONVICTIONS IN ACCORDANCE WITH
SECTION 24-5-101.
SECTION 2. In Colorado Revised Statutes, 22-2-119.3, amend
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(2)(a); and add (2.5) as follows:
22-2-119.3. Department of education - educator preparation
program students - record check - fee - definitions.
(2) (a) On a form provided by the department OF EDUCATION, the
student shall certify, under penalty of perjury, either:
(I) That he or she has never THEY HAVE NOT been convicted of
committing:
(A) Any A felony, or 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) but not including A NY 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 he or she has THEY HAVE been convicted of committing any
A felony; or A misdemeanor but not including 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. Such certification EACH CONVICTION IN THESE
FOUR CATEGORIES MUST BE LISTED IN THE CERTIFICATION . FOR EACH
CONVICTION LISTED IN THE CERTIFICATION , THE APPLICANT shall specify
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such THE felony or misdemeanor for which THE APPLICANT WAS convicted,
the date of such THE conviction, and the court entering the judgment of
conviction.
(2.5) S UBSECTION (2) OF THIS SECTION DOES NOT ALTER THE
DEPARTMENT'S OBLIGATION TO EVALUATE CRIMINAL CONVICTIONS IN
ACCORDANCE WITH SECTION 24-5-101.
SECTION 3. In Colorado Revised Statutes, 22-30.5-110.7, amend
(2); and add (2.5) as follows:
22-30.5-110.7. Fingerprint-based criminal history record checks
- charter school employees - procedures - exceptions - definitions.
(2) On a form provided by the charter school, an applicant to whom
an offer of employment is extended shall certify, under penalty of perjury,
either:
(a) That he or she has never THEY HAVE NOT been convicted of
committing:
(I) Any A felony, or REGARDLESS OF THE DATE OF CONVICTION;
(II) 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;
(III) but not including A NY 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
(IV) 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
(b) That he or she has THEY HAVE been convicted of committing a
felony; or A misdemeanor but not including FOR WHICH, AS AN ELEMENT OF
PAGE 4-HOUSE BILL 26-1090
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 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. The certification 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.
(2.5) S UBSECTION (2) OF THIS SECTION DOES NOT ALTER THE
DEPARTMENT'S OBLIGATION TO EVALUATE CRIMINAL CONVICTIONS IN
ACCORDANCE WITH SECTION 24-5-101.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 5-HOUSE BILL 26-1090
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
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