C.R.S. Section 22-2-119
Department of education

  • inquiries concerning prospective employees
  • background investigation fee

(1)

When an inquiry is made by a board of education of a school district pursuant to the provisions of section 22-32-109.7 (1) or (1.5), by the governing board of a nonpublic school pursuant to the provisions of section 22-1-121, by the governing board of a charter school pursuant to the provisions of section 22-30.5-110.5, or by the governing board of an institute charter school pursuant to the provisions of section 22-30.5-511.5, concerning a prospective or current employee, the department shall provide the following information concerning such person:

(a)

Whether according to the records of the department such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence for:

(I)

A felony; or

(II)

A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children; or

(III)

A misdemeanor crime, the underlying factual basis of which has been found by the court on the record to involve domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;

(b)

Intentionally left blank —Ed.

(I)

Whether such person has been dismissed by, or has resigned from, a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which was supported by a preponderance of the evidence according to information required to be provided to the department by the school district pursuant to the provisions of section 22-32-109.7 (3);

(II)

The department of education shall not disclose to any prospective employer any information reported to the department from a school district pursuant to section 22-32-109.7 (3) unless and until the department confirms that the allegation resulted in a finding of a confirmed report of child abuse or neglect. The department shall request a check of the records and reports of child abuse or neglect maintained by the state department of human services pursuant to the provisions of section 19-1-307 (2)(l), C.R.S.

(III)

If the department confirms that the allegation resulted in a finding of a confirmed report of child abuse or neglect and the report concerning such person is subsequently expunged pursuant to the provisions of section 19-3-313.5 (3)(f), C.R.S., such person may notify the department that the report has been expunged. If the department verifies that the report has been expunged, the department shall remove such information about the person from the files kept by the department.

(b.5)

Whether the person’s educator license or certification has ever been denied, suspended, revoked, or annulled in this state or in another state, including but not limited to any information gained as a result of an inquiry by the department to a national teacher information clearinghouse;

(c)

If a holder of a license or authorization pursuant to the provisions of article 60.5 of this title, whether such person’s certificate, letter of authorization, authorization, or license has ever been annulled, suspended, or revoked pursuant to the provisions of section 22-60-110 (2)(b) as said section existed prior to July 1, 1999, or pursuant to article 60.5 of this title following a conviction, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children.

(2)

Except for authorized inquiries made by boards of education, governing boards of nonpublic schools, governing boards of charter schools, or governing boards of institute charter schools, the department shall consider information held by the department to be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. Any person who releases such information in violation of this subsection (2) shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that any person who releases information received by the department concerning information contained in the records and reports of child abuse or neglect maintained by the state department of human services shall be deemed to have violated section 19-1-307 (4), C.R.S.

(3)

Intentionally left blank —Ed.

(a)

When providing the information required in subsection (1) of this section, the department shall provide the information within the following timelines:

(I)

For information that the department possesses at the time of the request, the department shall provide the information no later than ten business days following the receipt of the inquiry;

(II)

For information that the department must obtain by a background check, the department shall provide the information no later than ten business days following the receipt of the information.

(b)

If provisions of this subsection (3) increase the costs for the department and the department increases educator licensing fees to address the increased costs, the increase shall be no greater than necessary and shall be included in the department’s annual budget request to the joint budget committee.

(4)

Intentionally left blank —Ed.

(a)

A school district shall verify the results of a fingerprint-based criminal history record check performed for the department on a school employee or applicant, and the Colorado bureau of investigation shall share the information from the initial fingerprint-based criminal history record check with the requesting entity.

(b)

When the Colorado bureau of investigation provides the department with an update regarding a school employee who was previously subject to a fingerprint-based criminal history record check, the department shall provide that update to each school district and charter school in the state. Each school district and charter school shall cross-check its employee list with the provided update and take appropriate action, if necessary.

(5)

The department may collect a background investigation fee in responding to inquiries pursuant to this section submitted regarding a person who does not hold an educator license issued pursuant to article 60.5 of this title. The state board, by rule, shall establish the amount of the background investigation fee to generate an amount of revenue that approximates the direct and indirect costs incurred by the department in responding to inquiries pursuant to this section regarding unlicensed persons. The department shall transmit the fees collected pursuant to this section to the state treasurer who shall credit the fees to the educator licensure cash fund, created pursuant to section 22-60.5-112.

Source: Section 22-2-119 — Department of education - inquiries concerning prospective employees - background investigation fee, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑2‑101
Short title
22‑2‑102
Definitions
22‑2‑103
Department of education
22‑2‑104
Offices and positions - nature
22‑2‑105
State board of education - composition
22‑2‑105.5
State board of education - definitions - vacancies - procedure for filling
22‑2‑106
State board - duties - rules
22‑2‑106.5
State board - duties with regard to student data - memorandum of understanding
22‑2‑107
State board - power
22‑2‑108
Federal financial assistance
22‑2‑109
State board of education - additional duties - teacher standards - principal standards - rules
22‑2‑110
Commissioner of education - oath - qualifications - tenure
22‑2‑111
Commissioner of education - office - records - confidential nature
22‑2‑112
Commissioner - duties - report - legislative declaration
22‑2‑113
Commissioner - powers
22‑2‑113.8
Department of education - additional local revenues - distribution to schools - annual report
22‑2‑114.1
Dropout rates - collection of data on grades seven through twelve
22‑2‑116
Additional power - waiver of reporting requirements - review of reporting requirements
22‑2‑116.5
Department of education - student-level course completion data
22‑2‑117
Additional power - state board - waiver of requirements - rules
22‑2‑119
Department of education - inquiries concerning prospective employees - background investigation fee
22‑2‑119.3
Department of education - educator preparation program students - record check - fee - definitions
22‑2‑119.5
Department of education - duty to report - convictions
22‑2‑122
Grants to schools and school districts
22‑2‑122.5
COVID-19 learning impacts - extended learning opportunities - funding - combined application, reporting, and evaluation process - rules - legislative declaration - definitions - repeal
22‑2‑125
Loan program for capital improvements in growth school districts - use of public school fund
22‑2‑127
Financial literacy - resource bank - technical assistance - definitions - appropriation - repeal
22‑2‑127.1
Stipends for financial aid training - definitions - appropriation - repeal
22‑2‑127.3
Holocaust and genocide studies - resource bank - technical assistance - definitions
22‑2‑127.5
Computer science programs - resource bank
22‑2‑127.7
Marijuana education materials - resource bank - technical assistance
22‑2‑127.9
Mental health education literacy - resource bank - technical assistance
22‑2‑128
Department of education - reciprocal agreements with adjacent states - report
22‑2‑129
Department of education - approved supplemental education services providers - list
22‑2‑130
Supplemental online education grant program - legislative declaration - definitions - creation - eligibility - award - fund
22‑2‑132
Department of education - career and technical education authorization - rules
22‑2‑133
Assessment and identification of students with literacy challenges including dyslexia - training and technical assistance - collaboration with higher education - report
22‑2‑135
Food allergy and anaphylaxis management - rules
22‑2‑136
Additional duty - state board - individual career and academic plans - standards - rules
22‑2‑137
State schools - legislative declaration - feasibility study - authority to contract - funding
22‑2‑138
State environmental education plan - fund created
22‑2‑139
Memorandum of understanding - notification of risk - rules
22‑2‑141
Early literacy assessment tool - request for proposals - software - hardware - training - distribution - legislative declaration
22‑2‑144
Bullying prevention and education policies - short title - study
22‑2‑145
Media literacy - committee - report - strategic plan - resource bank - definition - rules
22‑2‑146
Department of education - COVID-19-related education loss - strategies - resources - report - legislative declaration
22‑2‑146.5
Department of education - improving mathematics outcomes - training and technical assistance - report - definitions
22‑2‑146.6
Colorado academic accelerator grant program - report - rules - definitions
22‑2‑147
Menstrual hygiene products accessibility grant program - eligibility - rules - report - definitions
22‑2‑148
Secondary school student substance use - committee - definitions - repeal
22‑2‑301
Short title
22‑2‑302
Legislative declaration
22‑2‑303
Definitions
22‑2‑304
Education data advisory committee - creation - duties - approval
22‑2‑305
Data dictionary - legislative declaration - creation - contents - report
22‑2‑306
Advance notice - legislative declaration - data collection - data submission changes - website update - submission windows
22‑2‑307
Data reporting requirements - interpretation of federal law - suspension
22‑2‑308
Data reporting requirements - office of legislative legal services
22‑2‑401
Legislative declaration
22‑2‑402
Definitions
22‑2‑403
Office of facility schools - created
22‑2‑404
Facility schools board - created - membership
22‑2‑405
Facility schools office - duties
22‑2‑406
Facility schools board duties - curriculum - graduation standards - report - rules
22‑2‑407
List of approved facility schools - application - criteria - rules
22‑2‑407.5
Facility schools - sustainable model of education for facility students - work group - created - membership - duties - reporting requirements - funding
22‑2‑408
Approved facility schools - funding
22‑2‑409
Notification of risk
22‑2‑410
Administration - licensing - reports
22‑2‑411
Shared operational services grant program - creation - report - rules - definitions - repeal
22‑2‑412
Technical assistance center - creation - definitions
22‑2‑501
Legislative declaration
22‑2‑502
Definitions
22‑2‑503
Teaching and learning conditions survey
22‑2‑504
National certification compensation - definition - study
22‑2‑505
Minority teacher recruitment - short title - legislative declaration - study - report
Green check means up to date. Up to date

Current through Fall 2024

§ 22-2-119’s source at colorado​.gov