Charter School Employee Background Checks

We often receive the following question from charter schools that are about to hire a new employee, “The background check came back and the person was convicted of fill-in-the-blank crime. It was fill-in-the-blank years ago. Can we still hire him/her?”

Every situation is unique and a case-by-case analysis is required before making a hiring decision. However, there are certain crimes and timelines that statutorily disqualify someone from employment by a charter school. This article is intended to provide an overview of those statutory disqualifications, for easy reference. It is not intended to be legal advice or a comprehensive analysis of all of the factors that should influence a decision as to who a school should or should not hire. In other words, just because the prospective employee is not disqualified by the statutory list, does not mean that they are fit to be hired. Also, be mindful that this statutory list is current as of August 2019, and may change with the passage of time. If there is any doubt or concern about a prospective hire, please consult with legal counsel prior to making any decision.

It is also important to note that this list is different than the list of offenses that might impact an educator’s license to teach.

With that, the following is adapted directly from C.R.S. 22-30.5-110.7(6.5):

An applicant or employee is disqualified from employment in a charter school if they have been convicted of any of the following (“convicted” means a conviction by a jury or by a court and shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with a felony or misdemeanor, the payment of a fine, a guilty plea accepted by a court, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court):

(A) Felony child abuse, as described in section 18-6-401, C.R.S.;

(B) A crime of violence, as defined in section 18-1.3-406(2), C.R.S.;

(C) A felony involving unlawful sexual behavior, as defined in section 16-22-102(9), C.R.S.;

(D) Except as provided in paragraph (b) below, a felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;

(E) Except as provided in paragraph (b) below, a felony drug offense described in part 4 of article 18 of title 18, C.R.S., committed on or after August 25, 2012;

(F) Felony indecent exposure, as described in section 18-7-302, C.R.S.; or

(G) An offense in any other state, the United States, or any territory subject to the jurisdiction of the United States, which, if committed in this state, would constitute an offense described in sub-subparagraphs (A) to (F);

(b) The disqualification from employment pursuant to sub-subparagraphs (D) and (E) shall only apply for a period of five years following the date the offense was committed, and, for the offense described in sub-subparagraph (D), the person shall have successfully completed any domestic violence treatment required by the court prior to employment. An employee terminated from employment solely on the basis of the disqualification contained in sub-subparagraphs (D) and (E) may reapply for employment after five years have passed since the date the offense was committed.

Notwithstanding the disqualification from employment set forth above a school may employ a person convicted of an offense listed in sub-subparagraphs (D) and (E) after conducting an assessment of the current safety risk posed by the person.

A person who is or would be disqualified from employment pursuant to sub-subparagraphs (D) and (E) may submit a written request to the school for reconsideration of the disqualification from employment. Reconsideration shall be based upon the school district's assessment of the current safety risk in hiring the person or in continuing the person's employment after considering:

1. The seriousness and nature of the disqualifying offense;

2. The time elapsed since the date the offense was committed;

3. The nature of the position held or sought by the person; and

4. Any other relevant information.

5. The decision of the school shall be final.

For purposes of this section, a person is deemed to be convicted of committing a felony or misdemeanor as described in this section if the person has been convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act which, if committed within this state, would be a felony or misdemeanor.