House committee advances bill to stop asking about certain misdemeanors older than seven years on teacher licensure forms

A House Education Committee on Feb. 13 advanced a bill that would stop requiring most applicants for a Colorado teacher license to report misdemeanors from more than seven years earlier, unless the offense involved a minor or another at-risk person.

The bill sponsor, speaking from the well (identified in the hearing only as a committee representative), said the proposal has two parts: a criminal-justice cleanup that narrows disclosure of older misdemeanors and a narrower provision — later removed in committee — that would have allowed two years of private-school teaching to substitute for a professional preparation and induction program. "If you have had a misdemeanor that was more than seven years ago, you don't have to report that misdemeanor," the sponsor said during opening remarks, adding that the exceptions would include crimes involving minors or vulnerable people.

Vice Chair Rhett Martinez, a co-sponsor, framed the measure as a way to remove arbitrary barriers that deter otherwise qualified candidates from pursuing licensure. Drawing on his experience working with incarcerated students, Martinez argued that getting people into education can reduce recidivism; he stated, "If an incarcerated person earns a master's degree, while incarcerated, their recidivism rate is 0 percent," and said the bill reflects professional norms that commonly use a seven-year lookback for misdemeanors.

Committee members pressed sponsors on details. Rep. Rhett Phillips asked whether restraining orders are covered. Sponsors said the bill drafter and the Colorado Department of Education (CDE) should clarify how restraining orders and related criminal proceedings would be treated; the sponsors indicated their intent was to capture conduct that meaningfully bears on safety in schools.

Rep. Garcia Sander asked whether the bill applies only to charter schools because of some charter-specific references in the draft; sponsors replied the bill is written to align with the current statutory structure for teacher licensure generally and referred members to section 1 for technical placement.

During committee amendment phase, Vice Chair Martinez offered amendment l1 to remove the provision that would have treated two years of private-school teaching as equivalent to completing a preparation and induction program. The committee adopted l1 without objection.

After discussion, Martinez moved HB 26-1090, as amended, to the Committee of the Whole with a favorable recommendation; Rep. Hamrick seconded. The clerk called the roll and the motion passed unanimously. The committee record shows the bill advanced to the Committee of the Whole for further consideration.

Next steps: HB 26-1090 will be considered by the Committee of the Whole. Members signaled willingness to refine technical language on issues raised in questions — including specifying when the seven-year period begins and how restraining orders should be handled — on second reading or in later drafting sessions.