Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06-0358.01 Jane Ritter SENATE BILL 06-024 SENATE SPONSORSHIP Spence HOUSE SPONSORSHIP (None) Senate Committees House Committees Education A BILL FOR AN ACT Concerning student data from the elementary to secondary education system through the postsecondary education system. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Beginning in July 1, 2007, for students who attended high school in Colorado, requires a postsecondary institution that is eligible for the college opportunity fund program to begin using as the student's primary identifier the unique identification number assigned to the student while enrolled in the elementary to secondary education system in Colorado. Directs the Colorado commission on higher education and the state board of education to enter into a memorandum of understanding to share student data in conformance with the federal "Family Educational Rights and Privacy Act of 1974". Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 23-5-127, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 23-5-127. Unique student identifier - social security number - prohibition. (4) Notwithstanding the provisions of paragraph (b) of subsection (3) of this section, on and after July 1, 2007, for each student who graduates from or was enrolled in a Colorado high school, a postsecondary institution in Colorado that is eligible for the college opportunity fund program created in section 23-18-201 shall use the unique student identifier assigned, in accordance with rules adopted pursuant to section 22-7-603.5, C.R.S., to the student while he or she was enrolled in the elementary to secondary education system as the student's unique student identifier at the postsecondary institution. SECTION 2. Article 1 of title 23, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 23-1-109.3. Duties and powers of the commission with regard to student data - memorandum of understanding. Notwithstanding the provisions of section 22-2-111 (3) (a), C.R.S., the commission shall enter into a memorandum of understanding on or before September 1, 2006, with the state board of education to adopt a policy to share student data. At a minimum, the policy shall ensure that the exchange of information is conducted in conformance with the requirements of the federal "Family Educational Rights and Privacy Act of 1974", as amended, 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted in accordance therewith. SECTION 3. Part 1 of article 2 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 22-2-106.5. State board - duties with regard to student data - memorandum of understanding. Notwithstanding the provisions of section 22-2-111 (3) (a), the state board shall enter into a memorandum of understanding on or before September 1, 2006, with the Colorado commission on higher education to adopt a policy to share student data. At a minimum, the policy shall ensure that the exchange of information is conducted in conformance with the requirements of the federal "Family Educational Rights and Privacy Act of 1974", as amended, 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted in accordance therewith. SECTION 4. Effective date. This act shall take effect July 1, 2006. SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.