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Second Regular Session
Sixty-first General Assembly
LLS NO. 980617.01 MN
HOUSE BILL 981276
STATE OF COLORADO
BY REPRESENTATIVE Salaz;
also SENATOR Bishop.
A BILL FOR AN ACT
CONCERNING IMPOSITION OF RESTRICTIONS ON THE AVAILABILITY
OF STUDENT INFORMATION BY STATESUPPORTED INSTITUTIONS OF
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Provides that a statesupported institution
of higher education may make directory information concerning
a student available only upon the express written consent of the
student. Defines "directory information" as having
the meaning set forth in the federal "Family Educational
Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g. Prohibits
a statesupported institution of higher education from selling
directory information to any third party.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 5 of title 23, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
235124. Use of student information. (1) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT STATESUPPORTED INSTITUTIONS OF HIGHER EDUCATION SHOULD ATTEMPT TO PRESERVE AND RESPECT THE PRIVACY OF THE STUDENTS WHO ATTEND SUCH INSTITUTIONS OF HIGHER EDUCATION TO THE GREATEST EXTENT ALLOWABLE UNDER STATE AND FEDERAL LAW AND PRACTICABLE IN VIEW OF THE MISSION OF SUCH INSTITUTIONS OF HIGHER EDUCATION. AS USED IN THIS SECTION, "FEDERAL LAW" INCLUDES, BUT IS NOT LIMITED TO, THE FEDERAL "FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g.
(2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) OF THIS SECTION, A STATESUPPORTED INSTITUTION OF HIGHER EDUCATION SHALL MAKE AVAILABLE FOR SALE INFORMATION CONCERNING A STUDENT ONLY UPON THE EXPRESS CONSENT OF THE STUDENT. THIS SUBSECTION (2) SHALL NOT APPLY TO "DIRECTORY INFORMATION" AS SET FORTH IN 20 U.S.C. SEC. 1232g (a) (5).
(3) (a) NOTHING IN THIS SECTION SHALL BE DEEMED TO:
(I) ALLOW A STATESUPPORTED INSTITUTION OF HIGHER EDUCATION TO VIOLATE ANY PROVISION OF FEDERAL LAW; OR
(II) PREVENT A STATESUPPORTED INSTITUTION OF HIGHER EDUCATION FROM COMPLYING WITH A REQUEST FOR DIRECTORY INFORMATION CONCERNING A STUDENT THAT DIRECTLY AFFECTS THE HEALTH, WELFARE, OR SAFETY OF THAT STUDENT OR ANOTHER STUDENT IN SUCH INSTITUTION.
(4) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, A STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION SHALL NOT TRANSFER A DATABASE INCLUDING DIRECTORY INFORMATION TO ANY THIRD PARTY FOR COMMERCIAL PURPOSES.
SECTION 2. Effective date. This act shall take effect July 1, 1998.
SECTION 3. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 4. 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.