Senate Bill 21-017 Summary

• Creates a new criminal offense of "abuse of public trust by an educator," a Class 1 misdemeanor, for educators who engage in sexual intrusion or sexual penetration with students aged 18 or older, provided the educator is more than four years older and not the student's spouse; consent is not a defense.

• Expands reporting requirements for both school districts and charter schools to notify the Colorado Department of Education when employees are dismissed or resign due to allegations of sexual conduct with students aged 18 or older, supported by preponderance of evidence.

• Prohibits school districts and charter schools from entering into settlement agreements that restrict sharing of information related to allegations of sexual acts involving students aged 18 or older with the Department of Education, other school districts, or charter schools.

• Updates educator licensing standards to require the State Board of Education to define unethical behavior, which must include sexual acts between educators and students of any age (including those 18 or older), regardless of consent.

• Applies to offenses committed on or after the effective date; takes effect upon passage, subject to potential referendum requiring voter approval at the November 2022 election.