C.R.S. § 22-1-123
Protection of student data
Redline — December 22, 2020 → current.View current text →
Current — June 23, 2021
As of December 22, 2020
Protection of student data - parental or legal guardian consent for surveys
(5)
(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:
(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)
(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.
Digitized from: Public.Law — Colorado Revised Statutes. Reproduced from public-domain Colorado statutes; confirm against the official source for the current text. Not legal advice.