File: GCE/GCF - Professional Staff Recruiting/Hiring

NOTE: Colorado school Boards are required by law to adopt a policy that requires screening of new and current employees for criminal activities. The screening provisions have been included in this sample policy. However, the Board should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

Recruiting

The Board desires the superintendent to develop and maintain a recruitment program designed to attract and hold the best possible professional personnel in the district's schools.

It is the responsibility of the superintendent, with the assistance of other administrators, to determine the personnel needs of the district in general and of each individual school and to locate suitable candidates to recommend to the Board for employment. The search for good teachers and other professional personnel will extend to a wide variety of educational institutions and geographical areas. It will take into consideration the diverse characteristics of the school system and the need for staff members of various backgrounds.

Recruitment procedures will not overlook the talents and potential of individuals already employed in the district’s schools. Any present employee of the district may apply for a position for which they are licensed and/or meet other stated requirements.

Background checks

Prior to hiring any person, in accordance with state law the district must conduct background checks with the Colorado Department of Education and previous employers regarding the applicant’s fitness for employment. In all cases where credit information or reports are used in the hiring process, the district must comply with the Fair Credit Reporting Act and applicable state law.

Hiring

Discrimination in the hiring process on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, religion, ancestry, genetic information, age, marital status, or conditions related to pregnancy or childbirth is prohibited.

All candidates will be considered on the basis of their merits, qualifications, and the needs of the school district.

All interviewing and selection procedures will ensure that the administrator directly responsible for the work of a staff member has an opportunity to aid in the selection and that, where applicable, the school principal has an opportunity to consent.

Unless otherwise required by law, the final selection for nomination will be made only by the superintendent.

Appointment of candidates

Nominations will be made at meetings of the Board of Education. The vote of a majority of the Board is necessary to approve the appointment of teachers, administrators, or any other employee of the school district. If there is a negative vote by the Board, the superintendent must submit a new recommendation to the Board for approval.

Upon the hiring of any employee, information required by federal and state child support laws will be timely forwarded by the district to the appropriate state agency.

(Adoption date)

LEGAL REFS.: 15 U.S.C. 1681 et seq. (Fair Credit Reporting Act)

20 U.S.C. 6312 (c)(6) (teacher licensure requirements under Every Student Succeeds Act)

42 U.S.C. 653 (a) (Personal Responsibility and Work Opportunity Reconciliation Act)

28 C.F.R. 50.12 (b) (notification requirements regarding fingerprints)

C.R.S. 2-4-401 (3.4) (definition of gender expression)

C.R.S. 2-4-401 (3.5) (definition of gender identity)

C.R.S. 2-4-401 (13.5) (definition of sexual orientation)

C.R.S. 8-2-126 (limits employers’ use of consumer credit information)

C.R.S. 8-2-131 (employers prohibited from asking age-related questions on initial job applications)

C.R.S. 13-80-103.9 (liability for failure to perform an education employment required background check)

C.R.S. 14-14-111.5 (Child Support Enforcement procedures)

C.R.S. 22-2-119 (inquiries prior to hiring)

C.R.S. 22-2-119.3 (6)(d) (name-based judicial record check – definition)

C.R.S. 22-32-109 (1)(f) (Board duty to employ personnel)

C.R.S. 22-32-109 (1)(pp) (annual employee notification requirement regarding federal student loan repayment programs and student loan forgiveness programs)

C.R.S. 22-32-109.7 (duty to make inquiries prior to hiring)

C.R.S. 22-32-109.8 (non-licensed personnel – submittal of fingerprints and name-based judicial record check)

C.R.S. 22-32-126 (principal’s role in hiring and assignment)

C.R.S. 22-60.5-114 (3) (State Board can waive some requirements for initial license applicants upon request of school district)

C.R.S. 22-60.5-201 (types of teacher licenses issued)

C.R.S. 22-61-101 (prohibiting discrimination)

C.R.S. 22-61-103 (requirement for teacher’s oath or written pledge)

C.R.S. 22-63-201 (licensure required)

C.R.S. 22-63-202 (employment contracts and mutual consent placement)

C.R.S. 22-63-206 (transfers)

C.R.S. 24-5-101 (effect of criminal conviction on employment)

C.R.S. 24-34-301 (3.3) (definition of gender expression)

C.R.S. 24-34-301 (3.5) (definition of gender identity)

C.R.S. 24-34-301 (7) (definition of sexual orientation)

C.R.S. 24-34-402 (1) (discriminatory and unfair employment practices)

C.R.S. 24-34-402.3 (discrimination based on pregnancy, childbirth or related conditions; notice of right to be free from such discrimination must be posted “in a conspicuous place” accessible to employees)

C.R.S. 24-72-202 (4.5) (definition of personnel file in open records law)

3 C.C.R. 708-1:40.2 (definition of age-based bona fide occupational qualification)

CROSS REFS.: GBA, Open Hiring/Equal Employment Opportunity

GCKAA*, Teacher Displacement

NOTE 1: Specific procedures for background checks need to follow as a regulation. The regulations might also include specific procedures for making applications, for screening and for selection of candidates to be recommended to the Board.

NOTE 2: State law requires public school teachers to take an oath/affirmation or sign a written pledge that states the following: “I solemnly (swear) (affirm) (pledge) that I will uphold the constitution of the United States and the constitution of the state of Colorado, and I will faithfully perform the duties of the position I am about to enter.” C.R.S. 22-61-103 (1). A person authorized to administer oaths in Colorado shall administer the oath or affirmation, or the teacher must sign the pledge. C.R.S. 22-61-103 (2). The Colorado Department of Education has stated that a school district’s hiring officials must ensure that teachers take the oath orally or in writing at the time of hiring or during the signing of the teacher’s contract.

NOTE 3: State law requires school districts to annually distribute to employees “informational materials related to federal student loan repayment and student loan forgiveness programs, including updated materials received from the department of education.” C.R.S. 22-32-109 (1)(pp). In addition to annual distribution, school districts must “distribute the informational materials to newly hired district employees as part of its employee orientation process.” Id. Distribution to employees may be made via e-mail “or as part of a mailing or regular communication to employees” Id.

NOTE 4: For purposes of this policy, these terms have the following meanings:
“Race” includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race. C.R.S. 22-32-110 (1)(k).
“Protective Hairstyle” includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, bantu knots, afros, and head wraps. Id.
“Sexual Orientation” means an individual’s identity, or another individual’s perception thereof, in relation to the gender or genders to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction. C.R.S. 2-4-401 (13.5) and C.R.S. 24-34-301 (7).
“Gender Expression” means an individual’s way of reflecting and expressing the individual’s gender to the outside world, typically demonstrated through appearance, dress, and behavior. C.R.S. 2-4-401 (3.4) and C.R.S. 24-34-301 (3.3).
“Gender Identity” means an individual’s innate sense of the individual’s own gender, which may or may not correspond with the individual’s sex assigned at birth. C.R.S. 2-4-401 (3.5) and C.R.S. 24-34-301 (3.5).

NOTE 5: In the case of school-based therapists, a school or school district may employ school-based therapists who are not licensed by CDE but hold a Colorado license for their profession to work in coordination with licensed special service providers to coordinate mental health support for students. If an eligible school-based therapist provides services to a student related to the student’s IEP, the eligible school-based therapist must have qualifications consistent with the student’s IEP. C.R.S. 22-60.5-218.

[Revised February 2024]