KDBA Notice to Parents of Alleged Criminal Conduct by School Employee

Title

Notice to Parents of Alleged Criminal Conduct by School Employee

Designation

KDBA

Office/Custodian

Business/Director of Human Resources

 

Duty to Monitor:

Whenever the district receives a report from the Colorado Bureau of Investigation regarding a school employee indicating that the employee has been arrested for an offense described in this policy, the district has a duty to monitor the criminal proceedings to determine whether the employee is charged with an offense described in this policy and whether a preliminary hearing has been held if the charge is eligible for a preliminary hearing.

 

“Employee,” as used in this policy, means an employee of the district whose employment requires or required the employee to be in contact with students or whose work area gives or gave the employee access to students. “Employee” includes a former employee if the employee was employed by the district at any time within twelve months before an offense is charged. “Employee” additionally includes employees of private entities contracted by the district to operate an online school.

 

Eligible Offenses:

  • Felony child abuse
  • A crime of violence, not including assault in the second degree unless the victim is a child
  • A felony offense involving unlawful sexual behavior
  • A felony, where it is alleged that the underlying factual basis of which includes an act of domestic violence
    Felony indecent exposure
  • A level 1 or 2 felony drug offense

 

Duty to Notify:

Unless a delay in parent notification is requested by the appropriate law enforcement agency, the district has a duty to provide notice to parents pursuant to this policy in one of the following time periods:

  1. Within two school days after the preliminary hearing is held or is waived or deemed waived by the employee, or
  2. Within two school days after the date on which the employee is charged, if the charged offense is not eligible for a preliminary hearing

 


The district must provide notice to the parents of a student:

  1. Enrolled in the public school in which the employee is employed or was employed at the time of the alleged offense; or
  2. With whom district has reason to believe the employee may have had contact as part of his or her employment with the district.

 


The district shall provide notice to parents in the same manner by which the district notifies parents of important school business, which may include e-mail notification or other electronic communication sent directly to parents or by first-class mail. Within two school days after confirming the disposition of the charge, the district shall provide notice to parents of the disposition of the charge using the same notification method used in the original notice to parents.

 

The district is responsible to comply with the monitoring and notification duties as described in this policy regardless of whether school is currently in session.

 

The district shall notify parents pursuant to this policy regardless of whether the actions giving rise to the charge occurred while the employee was on duty.

 

Notification Requirements:

The district’s notification to parents of a charge brought against an employee must include the following:

  1. The name of the employee
  2. The employee's position
  3. Whether the employee continues to be employed by the local education provider;
  4. The length of employment with the local education provider
  5. The alleged offense as set forth in the charging document, including the violation of statute or code
  6. A statement that, under state and federal law, a person is presumed innocent until proven guilty

 

The district may provide additional information to parents regarding the underlying facts or circumstances relating to the charge but shall not disclose the identity of the alleged victim.

 

The Notification Requirements above shall be incorporated the district’s Safe School Plan.

 

  • Adopted:  November 8, 2018

 

LEGAL REFS:

  • C.R.S. 22-1-130 (parent notification of employee criminal charges)
  • C.R.S. 18-6-401 (felony child abuse)
  • C.R.S. 18-1.3-406 (Crime of violence, not including assault in the second degree unless the victim is a child)
  • C.R.S. 16-22-102(9) (felony offense involving unlawful sexual behavior)
  • C.R.S. 18-6-800.3 (a felony, where it is alleged that the underlying factual basis of which includes an act of domestic violence)
  • C.R.S. 18-7-302 (felony indecent exposure)
  • C.R.S. 22-32-109.1 (Safe School Plan)
  • C.R.S. 22-2-119(4)(b) (district notification of employee arrests)

 

CROSS REFS:

  • ADD, Safe Schools
  • GBEB, Staff Conduct