C.R.S. Section 22-32-109.7
Board of education

  • specific duties
  • employment of personnel
  • definitions

(1)

Prior to the employment of any person by a school district, the board of education shall make an inquiry concerning such person to the department of education for the purpose of determining:

(a)

Whether such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence or deferred prosecution for:

(I)

A felony; or

(II)

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

(b)

Whether such person has been dismissed by, or has resigned from, a school district or charter school as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior or an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, which was supported by a preponderance of the evidence according to information provided to the department by a school district pursuant to subsection (3) of this section and confirmed by the department pursuant to the provisions of section 22-2-119 (1)(b);

(c)

If a holder of a license or authorization issued pursuant to the provisions of article 60.5 of this title, whether such person’s license or authorization has ever been denied, annulled, suspended, or revoked pursuant to the provisions of section 22-60-110 (2)(b), as it 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.

(1.5)

During the employment of any person by a school district, the board of education may make an inquiry concerning such person to the department of education for the purposes described in subsection (1) of this section.

(2)

Intentionally left blank —Ed.

(a)

The board of education shall also contact previous employers of such applicant for the purpose of obtaining information or recommendations which may be relevant to such person’s fitness for employment.

(b)

Any previous employer of an applicant for employment who provides information to a school district or who makes a recommendation concerning an applicant, whether at the request of the school district or the applicant, shall be immune from civil liability unless:

(I)

The information is false and the previous employer knows such information is false or acts with reckless disregard concerning the veracity of such information; and

(II)

The school district acts upon such information to the detriment of:

(A)

The applicant because the school district refused to employ such person based, in whole or in part, on negative information concerning such person later determined to be false; or

(B)

The school district because the school district employed the applicant based, in whole or in part, on positive information concerning such person later determined to be false.

(c)

Any school district which relies on information provided by or a recommendation made by a previous employer in making an employment decision shall be immune from civil liability unless the information is false and such school district knows the information is false or acts with reckless disregard concerning the veracity of such information.

(3)

Intentionally left blank —Ed.

(a)

If an employee of a school district is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of the evidence, within ten business days after the dismissal or resignation, the board of education of the school district shall notify the department of education and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The district shall also notify the employee that information concerning the employee’s dismissal or resignation is being forwarded to the department of education. A public school district or charter school shall not enter into a settlement agreement that would restrict the school district or charter school from sharing any relevant information related to a conviction for child abuse or a sexual offense against a child as defined by section 13-80-103.9 (1)(c) pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based. This subsection (3)(a) does not authorize a public school district or charter school to enter into a settlement agreement that would prohibit the public school district or charter school from sharing any other information required by law to be available to the department, another school district, or a charter school.

(b)

If an employee of a school district is dismissed or resigns as a result of an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence, the school district shall notify the department and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The school district shall also notify the employee that information concerning the employee’s dismissal or resignation is being forwarded to the department. A school district shall not enter into a settlement agreement that would restrict the school district from sharing any relevant information related to an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based. This subsection (3)(b)(I) does not authorize a school district to enter into a settlement agreement that would prohibit the school district from sharing any other information required by law to be available to the department, another school district, or a charter school.

(3.5)

Whenever a school district learns from a source other than the department of education that a current or past employee of the school district has been convicted of, pled nolo contendere to, or has received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the school district shall notify the department of education.

(4)

Any information received by a board of education pursuant to subsection (1) or (2) of this section shall 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 information obtained pursuant to the provisions of said subsections or who makes an unauthorized request for information from the department shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that any person who releases information received from the department of education 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.

(5)

For purposes of this section, unless the context otherwise requires:

(a)

“Sexual act” means sexual contact, sexual intrusion, or sexual penetration as those terms are defined in section 18-3-401.

(b)

“Student” means any person enrolled at the school where the employee is employed at the time of the allegation, but does not include another student.

Source: Section 22-32-109.7 — Board of education - specific duties - employment of personnel - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑32‑101
Corporate status of school districts
22‑32‑102
Corporate status - when questioned
22‑32‑103
Board of education - general powers and duties
22‑32‑104
Organization of board of education - definition
22‑32‑105
Duties - president and vice-president
22‑32‑106
Duties - secretary
22‑32‑107
Duties - treasurer
22‑32‑108
Meetings of the board of education - legislative intent
22‑32‑108.5
Board of education - distribution of additional mill levy revenue - definitions - legislative declaration
22‑32‑109
Board of education - specific duties - definitions
22‑32‑109.1
Board of education - specific powers and duties - safe school plan - conduct and discipline code - safe school reporting requirements - school response framework - school resource officers - definitions
22‑32‑109.2
Board of education - specific duties - adoption of policy
22‑32‑109.3
Board of education - specific duties - student records
22‑32‑109.4
Colorado School Collective Bargaining Agreement Sunshine Act - board of education - specific duties
22‑32‑109.5
Board of education - specific duties - testing requirements - developmental education placement or assessment tests - intervention plans
22‑32‑109.6
Board of education - specific duties - class size reduction plans - alternative student achievement plans - definitions
22‑32‑109.7
Board of education - specific duties - employment of personnel - definitions
22‑32‑109.8
Applicants selected for nonlicensed positions - submittal of form and fingerprints - prohibition against employing persons - department database
22‑32‑109.9
Licensed personnel - submittal of fingerprints
22‑32‑110
Board of education - specific powers - definitions
22‑32‑110.6
Board of education - specific powers - “No Child Left Behind Act of 2001”
22‑32‑110.7
Board of education - specific powers - drug testing
22‑32‑111
Power of eminent domain
22‑32‑112
Oil and gas leases
22‑32‑113
Transportation of pupils - when
22‑32‑114
Transportation by parents of own children
22‑32‑115
Tuition for resident school-age children
22‑32‑116
Exclusion of nonresidents - exception
22‑32‑116.5
Extracurricular and interscholastic activities - definitions
22‑32‑117
Miscellaneous fees
22‑32‑118
Summer schools - continuation, evening, and community education programs
22‑32‑118.5
Intervention strategies - students at risk of dropping out - legislative declaration
22‑32‑118.6
Intervention strategies - improving mathematics outcomes - definitions
22‑32‑119
Kindergartens - definition
22‑32‑119.5
Full-day kindergarten - phase-in plan - report - legislative declaration
22‑32‑120
Food services - facilities - school food authorities - rules
22‑32‑121
Facsimile signature
22‑32‑122
Contract services, equipment, and supplies
22‑32‑123
Penalty
22‑32‑124
Building codes - zoning - planning - fees - rules - definitions
22‑32‑124.3
Energy-efficient design of school buildings and structures required - definitions
22‑32‑126
Principals - employment and authority
22‑32‑127
Leases or installment purchases for periods exceeding one year
22‑32‑128
Use of school vehicles by residents of district
22‑32‑131
Voter approval of repayment of loans for capital improvements made to a growth district
22‑32‑132
Diplomas - veterans
22‑32‑133
American sign language
22‑32‑133.5
Computer science courses - legislative declaration
22‑32‑134.5
Healthy beverages policy required
22‑32‑135
Financial literacy curriculum - definition
22‑32‑136
Children’s nutrition - healthful alternatives - information - facilities - local wellness policy - competitive foods
22‑32‑136.3
Children’s nutrition - no trans fats in school foods - definitions - rules
22‑32‑136.5
Children’s wellness - physical activity requirement - legislative declaration
22‑32‑137
Community service and service-learning
22‑32‑138
Out-of-home placement students - school stability, transfer, and enrollment procedures - absences - exemptions - provision of academic supports - report - definitions
22‑32‑138.5
Educational stability grant program - application - grants - fund created - rules - report - definition
22‑32‑139
Food allergies and anaphylaxis policy required
22‑32‑140
Standardized immunization policy required
22‑32‑141
Student awaiting trial as adult - educational services - definitions
22‑32‑142
Parent engagement - policy - communications - incentives
22‑32‑143
Local fiscal impact summaries
22‑32‑144
Restorative justice practices - legislative declaration
22‑32‑145
Native American language and culture instruction - general credit
22‑32‑146
School use of on-site peace officers as school resource officers
22‑32‑147
Use of restraints on students - certain restraints prohibited - reports and review process - rules - definitions
22‑32‑148
Food donations to nonprofit organizations encouraged
22‑32‑149
District scholarship programs - authorized
22‑32‑150
Contracting for facial recognition service by schools prohibited - definition - repeal
22‑32‑151
Testing for the presence of lead in drinking water in eligible schools - compliance with public health requirements - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 22-32-109.7’s source at colorado​.gov