Enforcement Details

Overview of Denial, Suspension, Revocation, or Annulment of Licenses

The information below is a summary of Colorado Statute and Rule. To view full detail, please see Colorado Statute and the Colorado Code of Regulations (PDF).

Circumstances that shall result in Denial, Suspension, Revocation, or Annulment of a Colorado Educational Credential

The following always constitute grounds for denial, suspension, revocation, or annulment of a Colorado educational credential. The following infractions will be reviewed by the enforcement department upon application for a credential and/or when CDE is notified of the issue for:

• felony child abuse
• a crime of violence, as defined in section 18-1.3-406, C.R.S.
• a felony offense involving unlawful sexual behavior
• indecent exposure, as described in section 18-7-302, C.R.S.
• felony domestic violence
• a felony drug offense
• failure to submit fingerprints taken by a qualified law enforcement agency to to the Colorado Bureau of Investigation within thirty days after CDE's written request for fingerprints

Circumstances that may result in Denial, Suspension, Revocation, or Annulment of a Colorado Educational Credential

While any of the following may constitute grounds for denial, suspension, revocation, or annulment of a Colorado educational credential, the circumstances will be evaluated on a case-by-case basis to determine appropriate action. The following infractions will be reviewed by the enforcement department upon application for a credential and/or when CDE is notified of the issue when any applicant or credential holder:

• attempts to obtain a credential through misrepresentation, fraud, misleading information, or intent to conceal the truth
• is found, through a court order, to be mentally incompetent to a degree that the applicant or credential holder is incapable of continuing to perform his or her job
• is found by the State Board of Education to be or have ever been professionally incompetent or guilty of unethical behavior
• is determined by the State Board of Education to have knowingly and intentionally failed to protect student data
• without good cause, resigns or abandons his or her contracted position with a school district without providing the required written notice to the employing local board of education of his or her intent to terminate his or her employment contract
• has been found guilty, court's acceptance of a guilty plea, forfeited any bail, bond or other security deposited to secure the appearance by the applicant or holder who is charged with having committed a felony or misdemeanor, 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 suspended sentence for:
  • contributing to the delinquency of a minor
  • any felony, as determined by the state board of education, that would render the applicant or holder unfit to perform the services authorized by his or her license
  • an offense involving a physical assault, a battery, or a drug-related offense if committed by an adult and the offense was committed within the ten years preceding
  • a Misdemeanor for
    • domestic violence
    • sexual assault
    • unlawful sexual conduct
    • sexual assault on a client by a psychotherapist
    • child abuse
    • sexual exploitation of children
    • illegal sale of controlled substances

Definition of Unethical Behavior

Unethical Behavior is defined by the Colorado Board of Education in the Educator Licensing Act of 1991 as:

• failure to make reasonable effort to protect a student from conditions harmful to health and safety
• providing professional services in a discriminatory manner
• failure to protect confidential information
• directing a person to carry out professional responsibilities knowing that such person is not qualified for the responsibility given
• distorting or suppressing curricular materials or educational information in order to promote an educator's personal viewpoint
• falsifying or misrepresenting records or facts relating to the license holder's, applicant’s, another educator's, or a student's qualifications or records
• making false or malicious statements about students or school personnel
• soliciting or agreeing to accept a thing of value intended to influence the educator's professional judgment or performance of professional duties
• conducting financial transactions relating to a school program in a manner inconsistent with applicable law
• engaging or to have ever engaged in immoral conduct that affects the health, safety or welfare of children, conduct that offends the morals of the community or conduct that sets an inappropriate example for children or youth whose ideals the educator is expected to foster and elevate
• engaging in unlawful distribution or sale of dangerous or unauthorized prescription drugs, or other dangerous nonprescription substances, alcohol or tobacco.

Definition of Professional Incompetence

Professional incompetence is defined by the Colorado Board of Education as:

• willfully departing from the quality standards described in sections 5.00 or 6.00 of these rules;
• willfully failing to practice with reasonable skill and safety;
• acting in a manner evidencing a clear and substantial lack of knowledge, ability, or fitness to perform the services rendered within the scope of the license;
• refusing to perform duties required by federal and state law and regulation;
• recklessly disregarding duties required by federal and state law and regulation;
• having a mental or physical condition, as diagnosed by a professional competent to make such a diagnosis, that results in the license-holder's or applicant's inability to satisfactorily perform required duties, subject to the American with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and other nondiscrimination law; or
• habitually abusing alcoholic, narcotic, hypnotic, or other substances, the abuse of which results in the license-holder's or applicant's inability to satisfactorily perform required duties, subject to the American with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and other nondiscrimination law.

To warrant denial, annulment, suspension, or revocation of the license, violations must be substantial or continued and must be related to services rendered within the scope of the license.