Colorado § 22-30.5-511.5 - Background investigation - prohibition against employing persons - institute charter school employees' information provided to department.

§ 22-30.5-511.5. Background investigation - prohibition against employing persons - institute charter school employees' information provided to department.

(1) An institute charter school shall conduct a background investigation, including a fingerprint-based criminal history record check, as described in sections 22-30.5-110.5 and 22-30.5-110.7, of an applicant to whom an offer of employment is extended by the institute charter school to determine whether the applicant is suitable to work in an environment with children. An applicant who applies for a position of employment with an institute charter school shall submit to a background investigation, including a fingerprint-based criminal history record check, and, as necessary, a name-based judicial record check, as described in sections 22-30.5-110.5 and 22-30.5-110.7.

(2) When an institute charter school finds good cause to believe that a person employed by the institute charter school has been convicted of a felony or misdemeanor, other than a misdemeanor traffic offense or traffic infraction subsequent to such employment, the institute charter school shall require the person to submit to the institute charter school a complete set of the person's fingerprints for a fingerprint-based criminal history record check and, as necessary, a name-based judicial record check, as described in section 22-30.5-110.7 (6).

(2.5) An employee or an applicant for employment with an institute charter school is disqualified from employment if the results of a fingerprint-based criminal history record check or a name-based judicial record check completed on or after August 10, 2011, disclose a conviction for an offense described in section 22-32-109.8 (6.5). Nothing in this section or in section 22-32-109.8 creates for a person a property right in or entitlement to employment or continued employment with an institute charter school or impairs an institute charter school's right to terminate employment for a nondiscriminatory reason.

(3) Each institute charter school shall comply with the reporting requirements specified in section 22-30.5-110.5.

Source: L. 2008: Entire section added, p. 1664, § 4, effective May 29. L. 2011: (2.5) added, (HB 11-1121), ch. 242, p. 1055, § 3, effective August 10. L. 2019: (1), (2), and (2.5) amended, (HB 19-1166), ch. 125, p. 547, § 24, effective April 18. L. 2022: (1), (2), and (2.5) amended, (HB 22-1270), ch. 114, p. 520, § 25, effective April 21.

Cross references: In 2011, subsection (2.5) was added by the "Safer Schools Act of 2011". For the short title, see section 1 of chapter 242, Session Laws of Colorado 2011.