Colorado school district duties on student education records and student surveys

A school district may 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 the federal Family Educational Rights and Privacy Act permits. A school district may not release directory information to any person, agency, or organization without first complying with the federal provision that lets a parent or legal guardian prohibit that release without prior consent.

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 intended to reveal information about political affiliations, embarrassing mental and psychological conditions, sexual behavior and attitudes, income except as required by law, social security number, religious practices and the other listed categories must first obtain the written consent of a student's parent or legal guardian.

That written consent is valid only if the school district has given the parent or legal guardian written notice of the survey, made a copy of the document available for viewing at convenient locations and times, and given at least two weeks to obtain written information about it. The written consent requirement does not apply to a student's participation in a state assessment administered under part 10 of article 7 of title 22.

Nothing in the survey consent subsection limits the ability of a school district to administer a suicide assessment or threat assessment. A consent form for releasing personally identifiable information in education records other than directory information is valid only if it gives notice of the specific records to be released, the specific reasons, the identity of the requester and the intended uses, the method of release, and the right to review or receive a copy of the records.

Consent for release of information is valid only for the specific instance for which it was given, and a general consent to participate in a course, school activity or program is not written consent under the section. The rights the section gives a parent or legal guardian transfer to the student when the student turns eighteen.

A school district must, at the beginning of each academic year, provide to a parent or legal guardian of each student written notice of the rights contained in the section. The section applies to any public school in the state, regardless of whether the public school receives any federal funds.

If the state board finds that an individual it licenses, certifies, endorses, or authorizes knowingly and intentionally violated the section, the department of education may suspend or revoke that individual's license, certificate, endorsement, or authorization for at least ninety days.