Colorado Legislative Council Staff
REVISED NO FISCAL IMPACT
(replaces Fiscal Note dated February 3, 1998)
February 17, 1998
Janis Baron (866-3523)
TITLE: CONCERNING IMPOSITION OF RESTRICTION ON THE AVAILABILITY OF STUDENT INFORMATION BY STATE-SUPPORTED INSTITUTIONS OF HIGHER EDUCATION.
Summary of Assessment
As amended, the bill provides that state-supported institutions of higher education shall make available for sale information concerning a student only upon the express consent of the student, with the exception of “directory information” as set forth in 20 U.S.C. sec. 1232g (a) (5). Additionally, the bill prohibits state-supported institutions of higher education from transferring a database, including directory information, to any third party for commercial purposes. The bill includes an effective date of July 1, 1998.
The Colorado Commission on Higher Education indicates that the “Buckley Amendment” to the federal “Family Educational Rights and Privacy Act of 1974”, allows students to request institutions not to include their individual information in directories and other publications, and prohibits institutions from giving out student information over the phone. Prior to being amended in House Education, the bill shifted the burden of responsibility from the student to the institution. It required the institution to obtain written consent from each student prior to including information in a school directory or other publication, thus, creating a fiscal impact on the governing boards of the respective institutions. As amended, the bill no longer places requirements on state-supported institutions of higher education necessitating additional moneys. Therefore, the bill is assessed as having no fiscal impact.