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 6
including such a contract that is renewed after August 10, 2022; orPage 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 10
including such a contract that is renewed after August 10, 2022; orPage 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.