If you are a licensed teacher in Colorado, having a criminal record may result in a reprimand, probation, or suspension or revocation of your license. However, you are entitled to a hearing to contest any discipline by the Colorado Department of Education.
If you are an aspiring teacher, having a criminal record will not necessarily bar you from obtaining a license, especially if the past offenses were minor and occurred long ago.
In this article, our Colorado criminal defense attorneys answer these frequently-asked-questions:
- 1. Who regulates teaching licenses?
- 2. What discipline do I face for a criminal record?
- 3. How do I fight disciplinary penalties?
- 4. Can I get a teaching license with a criminal record?
- 5. Can I teach without a license?
- Additional resources
1. Who regulates teaching licenses?
In Colorado, teaching licenses are regulated by the Colorado Department of Education (CDE). The CDE is responsible for issuing, renewing, and revoking teaching licenses, as well as setting the standards for educator preparation programs and professional development.
The Colorado State Board of Education, which is appointed by the governor, oversees the CDE and sets policies related to educator licensing and discipline.
A criminal record is not always a bar to getting or keeping a teaching license.
2. What discipline do I face for a criminal record?
The specific consequences to your Colorado teaching license depend on the nature and severity of your misdemeanor or felony offense, as well as any aggravating or mitigating factors. Possible disciplinary actions include:
- Reprimand: A formal warning that is placed in your personnel file.
- Probation: A period of heightened supervision and monitoring, during which you must comply with certain conditions to maintain your license.
- Suspension: A temporary revocation of your license, typically for a period of one to five years.
- Revocation: A permanent revocation of your license, which prohibits you from teaching in Colorado public schools.1
3. How do I fight disciplinary penalties?
If you face disciplinary action from the CDE, you have the right to contest the allegations and present evidence in your defense. The disciplinary process typically involves the following steps:
- Notice: You receive written notice of the allegations and the proposed disciplinary action.
- Response: You have the opportunity to respond to the allegations in writing and request a hearing.
- Hearing: If you request a hearing, an administrative law judge will conduct a formal hearing to review the evidence and hear testimony from witnesses.
- Decision: Based on the evidence presented at the hearing, the administrative law judge will issue a decision, which may uphold, modify, or dismiss the proposed disciplinary action.
- Appeal: If you disagree with the decision, you may appeal to the Colorado State Board of Education, which will review the record and issue a final decision.2
Throughout your disciplinary process, you have the right to be represented by an attorney who can help you navigate the administrative law system and present the strongest possible defense.
4. Can I get a teaching license with a criminal record?
Having a criminal record does not automatically disqualify you from obtaining a teaching license in Colorado. However, the CDE conducts background checks on all applicants and considers:
- the nature and severity of the crime, as well as
- how much time has passed since the offense occurred.
Certain crimes, such as those involving violence, sexual misconduct, or crimes against children, are more likely to result in the denial of a teaching license.
In some cases, the CDE may grant a license with conditions or limitations, such as requiring you to:
- complete additional training or
- undergo ongoing monitoring.3
5. Can I teach without a license?
Teaching at a Colorado public school requires a valid teaching license. However, a school district may employ you on an emergency basis if they are unable to find a qualified licensed teacher to fill a vacancy. In such cases, you must obtain a substitute authorization from the CDE and work under the supervision of a licensed administrator.4
Teachers are advised to hire an attorney to defend them in the license disciplinary process.
Additional resources
For more information, see these articles from the Colorado Department of Education website:
- Educator Qualifications Under ESSA – Explanation of teacher requirements under the Every Student Succeeds Act.
- Application Checklists – Information for aspiring teachers in Colorado, including information about background checks.
- Fingerprint Requirements – Information on fingerprint requirements for applying to become a teacher.
- Become a Substitute / Guest Teacher! – Information on how to be a substitute teacher.
- Mental Health Education Literacy Resource Bank – Provides age-appropriate resources for teachers to educate students about mental health and substance use disorders.
Legal References
- 1 CCR 301-37.
- Same.
- Same. See also Self-Disclosure Requirements and Processes for Colorado Licensure, CDE. CRS 22-60.5-107.
- CRS 22-60.5-111.