C.R.S. Section 22-1-123
Protection of student data

  • parental or legal guardian consent for surveys

(1)

As used in this section, “education records” and “directory information” shall have the same meanings as those terms are defined in the federal “Family Educational Rights and Privacy Act of 1974”, as amended, 20 U.S.C. sec. 1232g and “education records” shall include an individualized education program.

(2)

A school district shall comply with the provisions of 20 U.S.C. sec. 1232g (a) and 34 CFR 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 prior 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 school district shall not release directory information to any person, agency, or organization without first complying with the provisions of 20 U.S.C. sec. 1232g (a)(5)(B) related to allowing a parent or legal guardian to prohibit such release without prior consent.

(5)

Intentionally left blank —Ed.

(a)

A school district shall comply with 20 U.S.C. sec. 1232h. A school or school district employee who requires participation in a survey, assessment, analysis, or evaluation in a public school’s curriculum or other official school activity shall obtain the written consent of a student’s parent or legal guardian before giving the student any survey, assessment, analysis, or evaluation intended to reveal information, whether the information is personally identifiable or not, concerning the student or the student’s parent’s or legal guardian’s:

(I)

Political affiliations;

(II)

Mental and psychological conditions potentially embarrassing to the student or the student’s family;

(III)

Sexual behavior and attitudes;

(IV)

Illegal, anti-social, self-incriminating, or 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 members of the clergy;

(VII)

Income, except as required by law;

(VIII)

Social security number; or

(IX)

Religious practices, affiliations, or beliefs.

(b)

The requirement of written consent pursuant to this subsection (5) applies throughout a public school’s curriculum and other school activities; except that the requirement of written consent does not apply to a student’s participation in an assessment administered pursuant to part 10 of article 7 of this title. In implementing this subsection (5), the school or school district and employees shall ensure that their first responsibility is to students and their parents and shall allow only minimal use of students’ academic time by institutions, agencies, or organizations outside the school or school district to gather information from students.

(c)

Written consent pursuant to this subsection (5) is valid only if the school district has given a parent or legal guardian written notice of the survey, assessment, analysis, or evaluation, has made a copy of the document available for viewing at convenient locations and times, and has given the parent or legal guardian at least two weeks, after receipt of the written notice, to obtain written information concerning:

(I)

Records or information that may be examined and requested in the survey, analysis, or evaluation;

(II)

The means by which the records or information shall be examined reviewed, or disseminated;

(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 information; and

(VI)

A method by which a parent or legal guardian of a student can grant or deny permission to access or examine the records or information.

(d)

Nothing in this subsection (5) shall be construed to prevent a public school employee from reporting known or suspected child abuse or neglect pursuant to section 19-3-304, C.R.S.

(e)

Nothing in this subsection (5) shall be construed to prevent a student who is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, analysis, or evaluation without obtaining the written consent of such student’s parent or legal guardian as long as such participation without parental consent is not otherwise prohibited by federal law.

(f)

Nothing in this subsection (5) shall be construed to limit the ability of a health professional who is acting as an agent of the school district from evaluating an individual child.

(g)

Nothing in this subsection (5) limits the ability of a school district to administer a suicide assessment or threat assessment.

(6)

If a school district sends a form to a parent or legal guardian requesting written consent for the school district to release personally identifiable information concerning that parent’s or legal guardian’s child in education records other than directory information, such consent shall be valid under this section only if the form contains notice to the parent or legal guardian regarding:

(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;

(d)

The method or manner by which the records will be released; and

(e)

The right to review or to receive a copy of the relevant records to be released.

(7)

Intentionally left blank —Ed.

(a)

Consent for release of information pursuant to this section shall be valid only for the specific instance for which it was given.

(b)

A general consent for a student to participate in any course or part of a 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.

(c)

Consent forms obtained pursuant to this section shall be retained by the school district.

(8)

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.

(9)

A school district shall, at the beginning of each academic year, provide to a parent or legal guardian of each student in the school district written notice of the rights contained in this section.

(10)

The provisions of this section shall apply to any public school in the state, regardless of whether the public school receives any federal funds.

(11)

The state board of education shall adopt such rules as may be necessary to implement this section.

(12)

If an individual licensed, certified, endorsed, or authorized by the state board is found by the state board to have knowingly and intentionally violated the provisions of this section, the department of education may suspend or revoke such individual’s license, master certificate, endorsement, or authorization for a period not less than ninety days.

(13)

Nothing in this section shall be construed to prevent a school or a school district from releasing education records to the extent authorized by 20 U.S.C. sec. 1232g (b) and any other applicable federal law.

Source: Section 22-1-123 — Protection of student data - parental or legal guardian consent for surveys, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑1‑101
Schools defined 22‑1‑102
Residence of child 22‑1‑102.5
Definition of homeless child 22‑1‑103
Policy of state to instruct in English - exceptions 22‑1‑104
Teaching of history, culture, and civil government 22‑1‑104.3
History, culture, social contributions, and civil government in education commission - established - membership - duties 22‑1‑104.5
Teaching of visual arts and performing arts - definitions 22‑1‑104.7
Teaching of Holocaust and genocide studies - definitions 22‑1‑106
Information as to honor and use of flag 22‑1‑107
Pupils to be instructed 22‑1‑108
Federal constitution to be taught 22‑1‑109
Taught at what stages 22‑1‑110
Effect of use of alcohol and controlled substances to be taught 22‑1‑112
School year - national holidays 22‑1‑114
Statements from private schools 22‑1‑115
School census - school age 22‑1‑116
School children - sight and hearing tests 22‑1‑117
Secret fraternities forbidden 22‑1‑118
School board to enforce 22‑1‑119
Students - dispensing of drugs to - liability 22‑1‑119.1
Policy for employee and agent possession and administration of opiate antagonists - definitions 22‑1‑119.2
Policy for employee and agent furnishing non-laboratory synthetic opiate detection tests - definition 22‑1‑119.3
Policy for student possession and administration of prescription medication - rules - definitions 22‑1‑119.5
Asthma, food allergy, and anaphylaxis health management - self-administered medication - staff-administered medication - rules - definitions 22‑1‑120
Rights of free expression for public school students 22‑1‑121
Nonpublic schools - employment of personnel - notification by department of education 22‑1‑122
Transportation token program - legislative declaration - eligibility - fund 22‑1‑123
Protection of student data - parental or legal guardian consent for surveys 22‑1‑124
Sex offender information 22‑1‑125.5
Requirement for certification of public school athletic coaches in cardiopulmonary resuscitation - use of automated external defibrillators - definitions 22‑1‑126
Safe2tell program 22‑1‑127
Incentives for school enrollment or attendance - prohibited - exceptions - definitions 22‑1‑128
Comprehensive human sexuality education - legislative declaration - definitions - guidelines and content standards 22‑1‑129
Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - grants - definitions - rules 22‑1‑129.5
Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - guidelines and content standards - definition 22‑1‑130
Notice to parents of alleged criminal conduct by school employees - legislative declaration - definitions 22‑1‑131
Online instruction - student protections - short title - definitions 22‑1‑132
Seizure safe schools - action plan - training - rules - short title - definitions 22‑1‑133
Prohibition on use of American Indian mascots - exemptions - definitions 22‑1‑134
Hunter education course - gifts, grants, or donations - definitions 22‑1‑135
Terms and conditions in public school contracts - definitions 22‑1‑135.5
Nondisclosure agreements - protection of school district, board of cooperative services, and public school employees - definitions 22‑1‑136
Student identification cards - information required 22‑1‑138
Information collected and posted on department website 22‑1‑139
Accessible district profile reports - school climate reports and surveys - reporting - definition 22‑1‑140
Corporal punishment prohibited - definition 22‑1‑141
Legal representation - due process complaints - appointments - report - definitions - repeal 22‑1‑142
Tribal regalia at school graduation ceremonies - definitions 22‑1‑143
Harassment or discrimination - policy required - training and notification - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 22-1-123’s source at colorado​.gov