Senate Bill 25-143 Revised

A Bill for an Act

• Page 1, Line 101Concerning the limited use of facial recognition services by

• Page 1, Line 102schools.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

In current law there is a prohibition on schools contracting for facial recognition services that is set to repeal on July 1, 2025. The prohibition contains an exception for a contract executed prior to the date the prohibition became law or a renewal of that contract. The bill removes the repeal and creates new exceptions for contracts that are:

• In effect on the date the bill becomes law;
• For a product, device, or software application that allows for analysis of facial features for educational purposes in conjunction with curricula; or
• For a product, device, or software application that allows for the analysis of facial features to identify a person who has made a significant threat against a school or the occupants of a school, to identify a missing student when there is a reasonable belief that the student is still on school grounds, or to identify an individual who has been ordered by the court to stay off school district property.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 22-32-150, amend (2)(a); repeal (4); and add (2)(c), (2)(d), and (2.5) as follows:

• Page 2, Line 322-32-150.  Contracting for facial recognition service by

• Page 2, Line 4schools prohibited - definition. (2)  The prohibition described in subsection (1) of this section does not apply to:

• Page 2, Line 5(a)  A contract that was executed before August 10, 2022,

• Page 2, Line 6including such a contract that is renewed after August 10, 2022; or A

• Page 2, Line 7contract in effect on the effective date of this Senate Bill 25-_____;

• Page 2, Line 8(c)  A contract with a school service contract provider,

• Page 2, Line 9as defined in section 22-16-103 (8), for the purchase of a product,

• Page 2, Line 10device, or software application that allows for analysis of

• Page 2, Line 11facial features for educational purposes in conjunction with

• Page 2, Line 12curricula approved by the local school board of a school district as defined in section 22-5-103 (4); or

• Page 2, Line 13(d)  A contractwith a school service contract provider,

• Page 2, Line 14as defined in section 22-16-103 (8), for the purchase of a product,

• Page 2, Line 15device, or software application that allows for the analysis of

• Page 2, Line 16facial features under the following circumstances:

• Page 3, Line 1(I)  A school official or law enforcement officer makes a

• Page 3, Line 2determination that an individual whose facial imaging has been

• Page 3, Line 3obtained has made an articulable and significant threat against

• Page 3, Line 4a school or the occupants of a school, and the use of facial

• Page 3, Line 5recognition technology may assist in keeping the school and occupants safe;

• Page 3, Line 6(II)  A student absconds from a school class, event, or

• Page 3, Line 7program or is otherwise reported as lost or missing by students,

• Page 3, Line 8parents, teachers, or school officials, and there is a reasonable

• Page 3, Line 9belief that using facial recognition technology may assist in

• Page 3, Line 10finding the lost student based on data that could indicate the

• Page 3, Line 11student's presence, location, or movements within or aroundschool grounds; or

• Page 3, Line 12(III)  An individual has been ordered by the court or by the

• Page 3, Line 13school administration to stay off school district property, and,

• Page 3, Line 14based on threatening or harassing behavior, as determined by a

• Page 3, Line 15school official or law enforcement officer, there is a

• Page 3, Line 16reasonable belief that the individual may attempt to reenter district property in the future.

• Page 3, Line 17(2.5) (a) (I)  If a school has a contract to use facial

• Page 3, Line 18recognition services pursuant to the exemption in subsection

• Page 3, Line 19(2)(c) of this section, the school or contractor shall not process:

• Page 3, Line 20(A)  A student's biometric identifier without first

• Page 3, Line 21obtaining the student's consent and the consent of the student's

• Page 3, Line 22parent or legal guardian on the form described in subsection

• Page 3, Line 23(2.5)(a)(II) of this section;except that if the student is in fifth

• Page 4, Line 1grade or below, only the consent of the student's parent or legal guardian is required;

• Page 4, Line 2(B)  A staff member's biometric identifier without first

• Page 4, Line 3obtaining the staff member's consent on the form described in subsection (2.5)(a)(II) of this section; or

• Page 4, Line 4(C)  Any other individual's biometric identifier without

• Page 4, Line 5first obtaining the individual's consent and the consent of the

• Page 4, Line 6individual's parent or legal guardian if legally required on the form described in subsection (2.5)(a)(II) of this section.

• Page 4, Line 7(II)  The consent form must:

• (A)  Be opt-in;

• Page 4, Line 8(B)  Be stand-alone from other information and waivers;

• Page 4, Line 9(C)  Include a notice that a biometric identifier is being

• Page 4, Line 10collected, what the biometric identifier will be used for, and who will be in control of the biometric identifier; and

• Page 4, Line 11(D)  Include information about the retention schedule of the biometric identifier.

• Page 4, Line 12(III)  Consent may be obtained either at the beginning of

• Page 4, Line 13each school year, to cover use of all curriculum that collects

• Page 4, Line 14a biometric identifier or biometric identifiers, or prior to use of

• Page 4, Line 15the curriculum that collects a biometric identifier or biometric identifiers.

• Page 4, Line 16(b) (I)  If a school has a contract to use facial recognition

• Page 4, Line 17services pursuant to the exemption in subsection (2)(d) of this

• Page 4, Line 18section, the school shall provide notice to all students, parents

• Page 4, Line 19and legal guardians, and staff, and shall post notices at the

• Page 4, Line 20entrances to school grounds that individuals may be subject to use of facial recognition services on school grounds.

• Page 5, Line 1(II)  If facial recognition services are being used for any of

• Page 5, Line 2the circumstances pursuant to subsection (2)(d) of this section,

• Page 5, Line 3the facial recognition services must only be used to identifyand

• Page 5, Line 4locate the specific individual or individuals for the exempted

• Page 5, Line 5circumstance and to identify and locate a specific individual or

• Page 5, Line 6individuals whom there is reasonable belief were connected to the exempted circumstance.

• Page 5, Line 7(III)  If facial recognition services are being used for any

• Page 5, Line 8of the circumstances pursuant to subsection (2)(d) of this

• Page 5, Line 9section, the facial recognition services, once enabled, must not

• Page 5, Line 10be used for any other purpose during that time frame and must

• Page 5, Line 11be disabled immediately upon identification and determining the

• Page 5, Line 12location of the individualor individuals in the exempted

• Page 5, Line 13circumstance; except that if the technology of the school

• Page 5, Line 14contractor is not able to be enabled or disabled without

• Page 5, Line 15decreasing the effectiveness of the technology, a school

• Page 5, Line 16district that utilizes facial recognition technology through

• Page 5, Line 17security cameras may maintain the system in an operational

• Page 5, Line 18state at all times, but the system must not be used to actively

• Page 5, Line 19or passively identify any individuals unless one or more of the

• Page 5, Line 20circumstances described in subsection (2)(d) of this section is actively occurring.

• Page 5, Line 21(IV)  In circumstances described in subsection (2)(d)(II) of

• Page 5, Line 22this section, if the student has been determined to no longer be

• Page 5, Line 23on the school grounds, the facial recognition services must be

• Page 5, Line 24disabled once the location of the student who exited the school

• Page 6, Line 1grounds has been determined or the last known location of the student on school grounds has been determined.

• Page 6, Line 2(V)  Each school district shall develop a policy governing

• Page 6, Line 3the use of facial recognition technology, including clear

• Page 6, Line 4guidelines on access and oversight. The policy must designate

• Page 6, Line 5specific authorized personnel, such as school administrators

• Page 6, Line 6and law enforcement officials, who are permitted to process

• Page 6, Line 7facial recognition data in response to an articulable and

• Page 6, Line 8significant threat against the school. No other individuals have

• Page 6, Line 9access to or are allowed to utilize the facial recognition data.

• Page 6, Line 10Facial recognition searches may only be conducted through a

• Page 6, Line 11formal request process, ensuring appropriate oversight and

• Page 6, Line 12adherence to security protocols while maintaining the system's readiness for emergencies.

• Page 6, Line 13(c)  A school or school contractor in possession of

• Page 6, Line 14biometric identifiers shall not retain each individual's biometric identifier for longer than eighteen months.

• Page 6, Line 15(d)  Whenever an aggrieved party or counsel of an

• Page 6, Line 16aggrieved party has cause to believe that a school, employee of

• Page 6, Line 17a school, or contractor of a school has engaged in or is

• Page 6, Line 18engaging in a practice that violates this section, the aggrieved

• Page 6, Line 19party may apply for, in an action in the appropriate district

• Page 6, Line 20court of this state, a temporary restraining order or injunction,

• Page 6, Line 21or both, pursuant to the Colorado rules of civil procedure,

• Page 6, Line 22prohibiting the school, an employee of the school, or a

• Page 6, Line 23contractor of the school from continuing the practices or doing

• Page 6, Line 24any act in furtherance of a violation of this section. The court

• Page 7, Line 1may enter orders or judgments as necessary to prevent the use

• Page 7, Line 2or employment of the prohibited practice, to restore any person

• Page 7, Line 3injured to their original position, or to prevent any unjust

• Page 7, Line 4enrichment by any person through the use or employment of any violation.

• Page 7, Line 5(4)  This section is repealed, effective July 1, 2025.

• Page 7, Line 6SECTION 2.  In Colorado Revised Statutes, 22-30.5-529, amend (2)(a); repeal (4); and add (2)(c), (2)(d), and (2.5) as follows:

• Page 7, Line 722-30.5-529.  Contracting for facial recognition service by

• Page 7, Line 8institute charter schools prohibited - definition. (2)  The prohibition described in subsection (1) of this section does not apply to:

• Page 7, Line 9(a)  A contract that was executed before August 10, 2022,

• Page 7, Line 10including such a contract that is renewed after August 10, 2022; or A

• Page 7, Line 11contract in effect on the effective date of this Senate Bill 25-_____;

• Page 7, Line 12(c)  A contract with a school service contract provider,

• Page 7, Line 13as defined in section 22-16-103 (8), for the purchase of a product,

• Page 7, Line 14device, or software application that allows for analysis of

• Page 7, Line 15facial features for educational purposes in conjunction with curricula approved by the charter school board; or

• Page 7, Line 16(d)  A contractwith a school service contract provider,

• Page 7, Line 17as defined in section 22-16-103 (8), for the purchase of a product,

• Page 7, Line 18device, or software application that allows for the analysis of facial features under the following circumstances:

• Page 7, Line 19(I)  A school official or law enforcement officer makes a

• Page 7, Line 20determination that an individual whose facial imaging has been

• Page 7, Line 21obtained has made an articulable and significant threat against

• Page 8, Line 1a school or the occupants of a school, and the use of facial

• Page 8, Line 2recognition technology may assist in keeping the school and occupants safe;

• Page 8, Line 3(II)  A student absconds from a school class, event, or

• Page 8, Line 4program or is otherwise reported as lost or missing by students,

• Page 8, Line 5parents, teachers, or school officials, and there is a reasonable

• Page 8, Line 6belief that using facial recognition technology may assist in

• Page 8, Line 7finding the lost student based on data that could indicate the

• Page 8, Line 8student's presence, location, or movements within or aroundschool grounds; or

• Page 8, Line 9(III)  An individual has been ordered by the courtor by the

• Page 8, Line 10school administration to stay off school district property, and,

• Page 8, Line 11based on threatening or harassing behavior, as determined by a

• Page 8, Line 12school official or law enforcement officer, there is a

• Page 8, Line 13reasonable belief that the individual may attempt to reenter district property in the future.

• Page 8, Line 14(2.5) (a) (I)  If a school has a contract to use facial

• Page 8, Line 15recognition services pursuant to the exemption in subsection

• Page 8, Line 16(2)(c) of this section, the school or school contractor shall not process:

• Page 8, Line 17(A)  A student's biometric identifier without first

• Page 8, Line 18obtaining the student's consent and the consent of the student's

• Page 8, Line 19parent or legal guardian on the form described in subsection

• Page 8, Line 20(2.5)(a)(II) of this section;except that if the student is in fifth

• Page 8, Line 21grade or below, only the consent of the student's parent or legal guardian is required;

• Page 8, Line 22(B)  A staff member's biometric identifier without first

• Page 9, Line 1obtaining the staff member's consent on the form described in subsection (2.5)(a)(II) of this section; or

• Page 9, Line 2(C)  Any other individual's biometric identifier without

• Page 9, Line 3first obtaining the individual's consent and the consent of the

• Page 9, Line 4individual's parent or legal guardian if legally required on the form described in subsection (2.5)(a)(II) of this section; and

• Page 9, Line 5(II)  The consent form must:

• (A)  Be opt-in;

• Page 9, Line 6(B)  Be stand-alone from other information and waivers;

• Page 9, Line 7(C)  Include a notice that a biometric identifier is being

• Page 9, Line 8collected, what the biometric identifier will be used for, and who will be in control of the biometric identifier; and

• Page 9, Line 9(D)  Include information about the retention schedule of the biometric identifier.

• Page 9, Line 10(III)  Consent may be obtained either at the beginning of

• Page 9, Line 11each school year, to cover use of all curriculum that collects

• Page 9, Line 12a biometric identifier or biometric identifiers, or prior to use of

• Page 9, Line 13the curriculum that collects a biometric identifier or biometric identifiers.

• Page 9, Line 14(b) (I)  If a school has a contract to use facial recognition

• Page 9, Line 15services pursuant to the exemption in subsection (2)(d) of this

• Page 9, Line 16section, the school shall provide a notice to all students,

• Page 9, Line 17parents and legal guardians, and staff, and shall post notices

• Page 9, Line 18at the entrances to school grounds that individuals may be subject to use of facial recognition services on school grounds.

• Page 9, Line 19(II)  If facial recognition services are being used for any of

• Page 9, Line 20the circumstances pursuant to subsection (2)(d) of this section,

• Page 10, Line 1the facial recognition services must only be used to identifyand

• Page 10, Line 2locate the specific individual or individuals for the exempted

• Page 10, Line 3circumstance and to identify and locate a specific individual or

• Page 10, Line 4individuals whom there is reasonable belief were connected to the exempted circumstance.

• Page 10, Line 5(III)  If facial recognition services are being used for any

• Page 10, Line 6of the circumstances pursuant to subsection (2)(d) of this

• Page 10, Line 7section, the facial recognition services, once enabled, must not

• Page 10, Line 8be used for any other purpose during that time frame and must

• Page 10, Line 9be disabled immediately upon identificationand determining the

• Page 10, Line 10location of the individualor individuals in the exempted

• Page 10, Line 11circumstance; except that if the technology of the school

• Page 10, Line 12contractor is not able to be enabled or disabled without

• Page 10, Line 13decreasing the effectiveness of the technology, a school

• Page 10, Line 14district that utilizes facial recognition technology through

• Page 10, Line 15security cameras may maintain the system in an operational

• Page 10, Line 16state at all times, but the system must not be used to actively

• Page 10, Line 17or passively identify any individuals unless one or more of the

• Page 10, Line 18circumstances described in subsection (2)(d) of this section is actively occurring.

• Page 10, Line 19(IV)  In the circumstances described in subsection (2)(d)(II)

• Page 10, Line 20of this section, if the student has been determined to no longer

• Page 10, Line 21be on the school grounds, the facial recognition services must

• Page 10, Line 22be disabled once the location of the student who exited the

• Page 10, Line 23school grounds has been determined or the last known location of the student on school grounds has been determined.

• Page 10, Line 24(V)  Each school district shall develop a policy governing

• Page 11, Line 1the use of facial recognition technology, including clear

• Page 11, Line 2guidelines on access and oversight. The policy must designate

• Page 11, Line 3specific authorized personnel, such as school administrators

• Page 11, Line 4and law enforcement officials, who are permitted to process

• Page 11, Line 5facial recognition data in response to an articulable and

• Page 11, Line 6significant threat against the school. No other individuals have

• Page 11, Line 7access to or are allowed to utilize the facial recognition data.

• Page 11, Line 8Facial recognition searches may only be conducted through a

• Page 11, Line 9formal request process, ensuring appropriate oversight and

• Page 11, Line 10adherence to security protocols while maintaining the system's readiness for emergencies.

• Page 11, Line 11(c)  A school or school contractor in possession of

• Page 11, Line 12biometric identifiers shall not retain each individual's biometric identifier for longer than eighteen months.

• Page 11, Line 13(d)  Whenever an aggrieved party or counsel of an

• Page 11, Line 14aggrieved party has cause to believe that a school, employee of

• Page 11, Line 15a school, or contractor of a school has engaged in or is

• Page 11, Line 16engaging in a practice that violates this section, the aggrieved

• Page 11, Line 17party may apply for, in an action in the appropriate district

• Page 11, Line 18court of this state, a temporary restraining order or injunction,

• Page 11, Line 19or both, pursuant to the Colorado rules of civil procedure,

• Page 11, Line 20prohibiting the school, an employee of the school, or a

• Page 11, Line 21contractor of the school from continuing the practices or doing

• Page 11, Line 22any act in furtherance of a violation of this section. The court

• Page 11, Line 23may enter orders or judgments as necessary to prevent the use

• Page 11, Line 24or employment of the prohibited practice, to restore any person

• Page 11, Line 25injured to their original position, or to prevent any unjust

• Page 12, Line 1enrichment by any person through the use or employment of any violation.

• Page 12, Line 2(4)  This section is repealed, effective July 1, 2025.

• Page 12, Line 3SECTION 3.  Safety clause. The general assembly finds,

• Page 12, Line 4determines, and declares that this act is necessary for the immediate

• Page 12, Line 5preservation of the public peace, health, or safety or for appropriations for

• Page 12, Line 6the support and maintenance of the departments of the state and state institutions.