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Second Regular Session
Sixty-first General Assembly
LLS NO. 980481.01 JJC
HOUSE BILL 981158
STATE OF COLORADO
BY REPRESENTATIVE Musgrave;
also SENATOR Arnold. REENGROSSED
A BILL FOR AN ACT
CONCERNING RIGHTS OF PARENTS TO DETERMINE ACCESS
TO STUDENT EDUCATION RECORDS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Requires school districts to comply with the federal "Family Educational Rights and Privacy Act" regarding education records of students. Prohibits school districts from releasing education records of a student without first receiving written consent of the student's parent or legal guardian.
Directs that school districts comply with the federal "Family and Educational Rights and Privacy Act" regarding the submission of certain surveys, analyses, or evaluations to students. Requires written consent of a parent or legal guardian before a survey, analysis, or evaluation is submitted to a student. Requires two weeks notice to a parent or legal guardian with a reasonable opportunity for the parent or legal guardian to obtain information about the means, purposes, and access to the information derived from the survey, analysis, or evaluation. Excepts from the notice provisions those school employees acting due to an emergency, child abuse reporting requirements, or a court order.
Requires a school district to provide specific notice to parents at the time of requesting consent for release of personally identifiable information. Directs that notice shall identify the specific records to be released, the reasons for the release, and the identity of those requesting the release, along with a copy of the relevant records.
Limits parental consent to one school year unless the consent is withdrawn or further limited by a parent or the child withdraws from the course or program for which the consent was granted.
Clarifies that a general consent does not constitute valid consent.
Requires that notice of rights under this act be sent annually to each student's parent or legal guardian.
Clarifies that the section applies to all public schools in the state, regardless of receipt of federal funding.
Requires the state board of education to withhold
accreditation for a violation of any provision of the section.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 1 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
221122. Protection of student data parental consent for surveys. (1) (a) AS USED IN THIS SECTION, "EDUCATION RECORDS" AND "DIRECTORY INFORMATION" MEAN THE SAME AS THEY ARE DEFINED IN THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", AS AMENDED, 20 U.S.C. SEC. 1232g.
(b) FOR PURPOSES OF THIS SECTION, "PARENT" INCLUDES LEGAL GUARDIAN.
(2) A SCHOOL DISTRICT SHALL COMPLY WITH THE PROVISIONS OF 20 U.S.C. SEC. 1232g (a) AND 34 C.F.R. PART 99 IF A PARENT OR LEGAL GUARDIAN OF A STUDENT EITHER REQUESTS THE EDUCATION RECORDS OF THE STUDENT OR REQUESTS AN AMENDMENT OR OTHER CHANGE TO THE EDUCATION RECORDS AFTER REVIEWING THEM.
(3) A SCHOOL DISTRICT SHALL NOT RELEASE THE EDUCATION RECORDS OF A STUDENT TO ANY PERSON, AGENCY, OR ORGANIZATION WITHOUT THE WRITTEN CONSENT OF THE PARENT OR LEGAL GUARDIAN OF THE STUDENT EXCEPT AS OTHERWISE PERMITTED IN 20 U.S.C. SEC. 1232g (b).
(4) (a) A SCHOOL DISTRICT SHALL COMPLY WITH 20 U.S.C. SEC. 1232h, INCLUDING THE REQUIREMENT OF OBTAINING THE WRITTEN CONSENT OF THE PARENT OR LEGAL GUARDIAN, IF A STUDENT IS SUBMITTED TO ANY SURVEY, ANALYSIS, OR EVALUATION INTENDED TO REVEAL INFORMATION, WHETHER THE INFORMATION IS PERSONALLY IDENTIFIABLE OR NOT, CONCERNING:
(I) POLITICAL AFFILIATIONS;
(II) MENTAL AND PSYCHOLOGICAL PROBLEMS POTENTIALLY EMBARRASSING TO THE STUDENT OR HIS FAMILY;
(III) SEX BEHAVIOR AND ATTITUDES;
(IV) ILLEGAL, ANTISOCIAL, SELFINCRIMINATING, AND DEMEANING BEHAVIOR;
(V) CRITICAL APPRAISALS OF INDIVIDUALS WITH WHOM A STUDENT HAS CLOSE FAMILY RELATIONSHIPS;
(VI) LEGALLY RECOGNIZED PRIVILEGED OR ANALOGOUS RELATIONSHIPS, SUCH AS THOSE OF LAWYERS, PHYSICIANS, AND MINISTERS; OR
(VII) INCOME, EXCEPT AS REQUIRED BY LAW.
(b) THE REQUIREMENT OF WRITTEN PARENTAL CONSENT PURSUANT TO THIS SUBSECTION (4) SHALL APPLY THROUGHOUT A SCHOOL'S CURRICULUM AND OTHER SCHOOL ACTIVITIES.
(c) WRITTEN PARENTAL CONSENT PURSUANT TO THIS SUBSECTION (4) IS VALID ONLY IF A PARENT OR LEGAL GUARDIAN HAS FIRST BEEN GIVEN WRITTEN NOTICE OF THE SURVEY, ANALYSIS, OR EVALUATION BY THE SCHOOL DISTRICT AND HAS BEEN AFFORDED AT LEAST ONE WEEK, AFTER RECEIPT OF SUCH NOTICE, TO OBTAIN WRITTEN INFORMATION CONCERNING:
(I) RECORDS OR INFORMATION, INCLUDING INFORMATION ABOUT RELATIONSHIPS, THAT MAY BE EXAMINED AND REQUESTED;
(II) THE MEANS BY WHICH THE RECORDS OR INFORMATION SHALL BE EXAMINED OR REVIEWED;
(III) THE MEANS BY WHICH THE INFORMATION IS TO BE OBTAINED;
(IV) THE PURPOSES FOR WHICH THE RECORDS OR INFORMATION IS NEEDED;
(V) THE ENTITIES OR PERSONS, REGARDLESS OF AFFILIATION, WHO WILL HAVE ACCESS TO THE PERSONALLY IDENTIFIABLE INFORMATION; AND
(VI) A METHOD BY WHICH A PARENT OR LEGAL GUARDIAN OF A STUDENT CAN GRANT PERMISSION TO ACCESS OR EXAMINE THE PERSONALLY IDENTIFIABLE INFORMATION.
(d) A PARENT OR LEGAL GUARDIAN MAY WAIVE THE ONE WEEK NOTICE REQUIRED BY THIS SUBSECTION (4).
(e) NOTHING IN THIS SUBSECTION (4) SHALL BE CONSTRUED TO PREVENT A SCHOOL EMPLOYEE FROM ACTING WITHOUT PROVIDING THE ONE WEEK NOTICE IF:
(I) THE SCHOOL EMPLOYEE REASONABLY BELIEVES AN EMERGENCY EXISTS;
(II) THE SCHOOL EMPLOYEE IS REQUIRED TO REPORT CHILD ABUSE OR NEGLECT PURSUANT TO SECTION 193304, C.R.S.; OR
(III) THE SCHOOL EMPLOYEE REASONABLY BELIEVES ACTION IS REQUIRED PURSUANT TO A VALID COURT ORDER.
(5) IF A SCHOOL DISTRICT SENDS A FORM TO A PARENT OR LEGAL GUARDIAN REQUESTING WRITTEN CONSENT TO RELEASE PERSONALLY IDENTIFIABLE INFORMATION IN EDUCATION RECORDS OTHER THAN DIRECTORY INFORMATION, SUCH PARENTAL CONSENT SHALL BE VALID UNDER THIS SECTION ONLY IF THE FORM CONTAINS NOTICE TO THE PARENT OR LEGAL GUARDIAN OF:
(a) THE SPECIFIC RECORDS TO BE RELEASED;
(b) THE SPECIFIC REASONS FOR SUCH RELEASE;
(c) THE SPECIFIC IDENTITY OF ANY PERSON, AGENCY, OR ORGANIZATION REQUESTING SUCH INFORMATION AND THE INTENDED USES OF THE INFORMATION; AND
(d) A COPY OF THE RELEVANT RECORDS TO BE RELEASED TO THE STUDENT'S PARENT OR LEGAL GUARDIAN AND TO THE STUDENT IF SO DESIRED BY THE PARENT OR LEGAL GUARDIAN.
(6) (a) PARENTAL CONSENT PURSUANT TO THIS SECTION SHALL BE VALID UNTIL THE COMMENCEMENT OF THE SUBSEQUENT SCHOOL YEAR, UNLESS:
(I) THE CONSENT IS OTHERWISE SPECIFICALLY LIMITED BY THE PARENT IN DURATION OR SCOPE;
(II) THE CHILD WITHDRAWS FROM THE COURSE OR ACTIVITY FOR WHICH CONSENT WAS GRANTED; OR
(III) A WRITTEN WITHDRAWAL OF CONSENT IS SUBMITTED TO THE SCHOOL PRINCIPAL BY THE CONSENTING PARENT OR LEGAL GUARDIAN.
(b) A GENERAL CONSENT FOR A STUDENT TO PARTICIPATE IN ANY COURSE OR PART OF COURSE, IN A SCHOOL ACTIVITY, IN ANY SPECIAL EDUCATION PROGRAM, OR IN ANY OTHER SCHOOL PROGRAM DOES NOT CONSTITUTE WRITTEN CONSENT PURSUANT TO THIS SECTION.
(7) ANY RIGHT ACCORDED TO A PARENT OR LEGAL GUARDIAN PURSUANT TO THIS SECTION SHALL TRANSFER TO THE RELEVANT STUDENT WHEN THAT STUDENT ATTAINS THE AGE OF EIGHTEEN YEARS.
(8) A SCHOOL DISTRICT SHALL, AT LEAST ANNUALLY, PROVIDE TO A PARENT OR LEGAL GUARDIAN OF EACH STUDENT IN THE SCHOOL DISTRICT WRITTEN NOTICE OF THE RIGHTS CONTAINED IN THIS SECTION.
(9) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY PUBLIC SCHOOL IN THE STATE, REGARDLESS OF WHETHER THE SCHOOL RECEIVES ANY FEDERAL FUNDS.
(10) THE STATE BOARD SHALL ADOPT SUCH RULES AS ARE NECESSARY TO IMPLEMENT THIS SECTION AND SHALL WITHHOLD ITS ACCREDITATION OF ANY SCHOOL DISTRICT IF IT DETERMINES THAT THE SCHOOL DISTRICT HAS VIOLATED ANY PROVISION OF THIS SECTION.
SECTION 2. 222106 (2), Colorado Revised Statutes, is amended to read:
222106. State board duties. (2) (a) The state board shall withhold its accreditation of any school district under paragraph (c) of subsection (1) of this section if it determines that the school district has not discharged its responsibilities under article 7 of this title.
(b) The state board shall withhold its accreditation of any school district under paragraph (c) of subsection (1) of this section if it determines that the school district has not adopted content standards and a plan for implementation pursuant to the provisions of section 227407.
(c) THE STATE BOARD SHALL WITHHOLD ITS ACCREDITATION OF ANY SCHOOL DISTRICT UNDER PARAGRAPH (c) OF SUBSECTION (1) OF THIS SECTION IF IT DETERMINES THAT THE SCHOOL DISTRICT HAS VIOLATED ANY PROVISION IN SECTION 221122, REGARDING STUDENT PRIVACY RIGHTS.
SECTION 3. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.