STATEMENT OF BASIS AND PURPOSE FOR AMENDMENTS 
(12/14/2006 Rulemaking Hearing)

The statutory basis for amendment found at section 12-59-105.3(1)(j), C.R.S.  The amendment makes permanent the language concerning those schools teaching minors (under the age of 16) as per HB1046, Rule III.E.2.c.(3)(a).   

III.  MINIMUM STANDARDS
E.  Educational staff
2.  Instructional staff - all instructional staff employed by a school shall possess the following minimum qualifications to deliver educational services in the program area to be taught as set forth in this Rule III.E.2.  
c. 	Minimum Qualifications:
	(3)	Background Check.  A school shall only employ instructors who are of good reputation and free of moral turpitude.  Consideration of past felonies involving moral turpitude or other crimes or offenses involving moral turpitude (offenses involving an act of baseness, vileness or depravity in private or social duties owed to individuals or to society) (“offenses”) must bear a reasonable relationship to the activity of providing occupational education. Past offenses shall be given consideration in determining whether instructional staff is of good reputation and free of moral turpitude at the time of application, however, past offenses do not automatically disqualify instructional staff.  Instructional staff may meet minimum qualifications despite past offense(s) if they have been rehabilitated and are ready to accept the responsibilities of a law-abiding and productive member of society.
			(a)	Instructional staff and prospective instructional staff who may be teaching in schools designated by the Board as teaching students under sixteen years of age (“minor student”), A LIST OF SUCH SCHOOLS THAT IS AVAILABLE BY CONTACTING THE DIVISION, must submit fingerprints and pay the required fee to the Colorado Bureau of Investigation for the purpose of conducting a state and national fingerprint background check in accordance with section 12-59-105.7, C.R.S.