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First Regular Session

Sixty-first General Assembly

LLS NO. 97­0395.01 JAP HOUSE BILL 97­1129

STATE OF COLORADO

BY REPRESENTATIVES Musgrave and Paschall;

also SENATOR Coffman.

ENGROSSED

EDUCATION

A BILL FOR AN ACT

CONCERNING LIMITATIONS ON THE USE OF PERSONALLY IDENTIFYING INFORMATION IN THE STATEWIDE FINANCIAL, STUDENT MANAGEMENT, AND HUMAN RESOURCE ELECTRONIC DATA COMMUNICATIONS AND REPORTING SYSTEM.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Prohibits the use of personally identifying student information in the statewide financial, student management, and human resource electronic data communications and reporting system, with the exception of records relating to specified situations. Specifies that, even in situations in which the system may include personally identifying student information, said information shall not be transmitted via a local, regional, or global computer network.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  22­44­105 (4), Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

22­44­105.  Budget ­ contents ­ mandatory. (4) (a.5) (I)  EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH (a.5), IN IMPLEMENTING THE STATEWIDE FINANCIAL, STUDENT MANAGEMENT, AND HUMAN RESOURCE ELECTRONIC DATA COMMUNICATIONS AND REPORTING SYSTEM AS REQUIRED IN THIS SUBSECTION (4), THE DEPARTMENT OF EDUCATION SHALL ENSURE THAT SAID SYSTEM DOES NOT INCLUDE NAMES OF STUDENTS OR THEIR PARENTS OR ANY OTHER FORM OF PERSONALLY IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO HOME AND WORK ADDRESSES AND SOCIAL SECURITY NUMBERS.

(II)  THE STATEWIDE FINANCIAL, STUDENT MANAGEMENT, AND HUMAN RESOURCE ELECTRONIC DATA COMMUNICATIONS AND REPORTING SYSTEM MAY INCLUDE PERSONALLY IDENTIFYING INFORMATION IN THE COLLECTION AND MAINTENANCE OF INFORMATION AND RECORDS IN THE CIRCUMSTANCES SPECIFIED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH (a.5); HOWEVER, SAID PERSONALLY IDENTIFYING INFORMATION SHALL NOT BE ELECTRONICALLY TRANSMITTED VIA A LOCAL, REGIONAL, OR GLOBAL COMPUTER NETWORK BETWEEN SCHOOL DISTRICTS, NOR BETWEEN A SCHOOL DISTRICT AND THE DEPARTMENT OF EDUCATION, NOR BETWEEN THE DEPARTMENT OF EDUCATION AND ANY OTHER GOVERNMENTAL AGENCY IN THIS STATE, ANOTHER STATE, OR THE UNITED STATES.

(III)  THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH (a.5) SHALL APPLY TO THE COLLECTION AND MAINTENANCE OF INFORMATION AND RECORDS IN THE FOLLOWING CIRCUMSTANCES:

(A)  PROVIDING EDUCATION TO MIGRANT CHILDREN PURSUANT TO ARTICLE 23 OF THIS TITLE AND THE FEDERAL MIGRANT EDUCATION PROGRAM;

(B)  PROVIDING EDUCATION AND RELATED SERVICES TO CHILDREN WITH DISABILITIES PURSUANT TO ARTICLE 20 OF THIS TITLE AND FEDERAL SPECIAL EDUCATION PROGRAMS;

(C)  ADMINISTERING THE HIGH SCHOOL EQUIVALENCY CERTIFICATE PROGRAM OPERATED PURSUANT TO SECTION 22­2­112 (2);

(D)  PROVIDING EDUCATION TO STUDENTS PLACED IN FACILITIES OUTSIDE THEIR DISTRICT OF RESIDENCE;

(E)  DETERMINING ADJUSTMENTS TO GRADUATION RATE CALCULATIONS AS REQUIRED IN SECTION 22­53­207 FOR STUDENTS RETURNING TO AN EDUCATION PROGRAM AFTER DROPPING OUT; AND

(F)  THE "PUBLIC SCHOOL FINANCE ACT OF 1994", AS SET FORTH IN ARTICLE 54 OF THIS TITLE.

SECTION 2.  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.