Law / United States / 
Colorado
Public school contract terms: student data protection clauses deemed included and waiver terms void
C.R.S. section 22-1-135 (HB 22-1252, as amended by HB 24-1450)
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Contract terms
What it requires
- If you are a school district or other public school contracting entity, include in each public school contract the provisions section 22-1-135(2)(d) requires, among them a provision requiring the contractor to comply with the laws that protect personal identifying information, including student personal identifying information (C.R.S. 22-1-135(2)(d)(II)(B)).
- If you contract with a Colorado public school contracting entity to supply goods or services for a public school, comply with the laws that protect personal identifying information, including student personal identifying information, such as the federal Family Educational Rights and Privacy Act, the Student Data Transparency and Security Act, sections 6-1-713 and 6-1-713.5, article 73 of title 24 and the Colorado Privacy Act; your contract is deemed to require it even if the clause is omitted (C.R.S. 22-1-135(2)(d)(II)(B)).
- Do not rely on a public school contract term that waives, alters or limits those student data and privacy laws, requires the school entity to indemnify or hold anyone harmless, or binds it to arbitration: each such term is void, the rest of the contract stands, and Colorado law governs the contract (C.R.S. 22-1-135(2)(a) to (c)).
These lines are LexLint's reading of the law's text.
What this law does
A public school contract is any agreement between a public school contracting entity and a contractor whose principal purpose is to acquire supplies, services, or construction, or to dispose of supplies, for the direct benefit of or in support of a public school, other than an agreement for professional services.
A public school contracting entity includes a school district and, to the extent authorized by law, a public school, an administrative unit, a participating provider, or any other entity authorized to contract for the direct benefit of or support of a public school.
A term or condition in a public school contract is void ab initio if it purports to waive, alter, or limit the application of the Student Data Transparency and Security Act, sections 6-1-713 and 6-1-713.5, the provisions of article 73 of title 24 on security breaches and personal information, or the Colorado Privacy Act.
A term is also void ab initio if it requires the public school contracting entity to indemnify or hold harmless another person, or commits the entity to binding arbitration or any other binding extra-judicial dispute resolution process. A public school contract that contains a void term is otherwise enforceable as if it did not contain that term. Every public school contract, except a contract with another government, is governed by Colorado law notwithstanding any contract term to the contrary.
A public school contract must include, and is deemed to include if the provisions are omitted, provisions that require the contractor to comply with all applicable laws, rules, and regulations that require the protection of personal identifying information, including student personal identifying information, such as the federal Family Educational Rights and Privacy Act of 1974, the Student Data Transparency and Security Act, sections 6-1-713 and 6-1-713.5, the provisions of article 73 of title 24, and the Colorado Privacy Act. Section 22-1-135 was added by House Bill 22-1252, effective .
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