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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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;
Page 4, Line 1(B) A staff member's biometric identifier without first
Page 4, Line 2obtaining the staff member's consent on the form described in subsection (2.5)(a)(II) of this section; or
Page 4, Line 3(C) Any other individual's biometric identifier without
Page 4, Line 4first obtaining the individual's consent and the consent of the
Page 4, Line 5individual's parent or legal guardian if legally required on the form described in subsection (2.5)(a)(II) of this section.
Page 4, Line 6(II) The consent form must:
(A) Be opt-in;
Page 4, Line 7(B) Be stand-alone from other information and waivers;
Page 4, Line 8(C) Include a notice that a biometric identifier is being
Page 4, Line 9collected, what the biometric identifier will be used for, and who will be in control of the biometric identifier; and
Page 4, Line 10(D) Include information about the retention schedule of the biometric identifier.
Page 4, Line 11(b) (I) If a school has a contract to use facial recognition
Page 4, Line 12services pursuant to the exemption in subsection (2)(d) of this
Page 4, Line 13section, the school shall provide notice to all students, parents
Page 4, Line 14and legal guardians, and staff, and shall post notices at the
Page 4, Line 15entrances to school grounds that individuals may be subject to use of facial recognition services on school grounds.
Page 4, Line 16(II) If facial recognition services are being used for any of
Page 4, Line 17the circumstances pursuant to subsection (2)(d) of this section,
Page 4, Line 18the facial recognition services must only be used to identifyand
Page 4, Line 19locate the specific individual or individuals for the exempted
Page 4, Line 20circumstance and to identify and locate a specific individual or
Page 4, Line 21individuals whom there is reasonable belief were connected to the exempted circumstance.
Page 5, Line 1(III) If facial recognition services are being used for any
Page 5, Line 2of the circumstances pursuant to subsection (2)(d) of this
Page 5, Line 3section, the facial recognition services, once enabled, must not
Page 5, Line 4be used for any other purpose during that time frame and must
Page 5, Line 5be disabled immediately upon identification and determining the
Page 5, Line 6location of the individualor individuals in the exempted circumstance.
Page 5, Line 7(IV) In circumstances described in subsection (2)(d)(II) of
Page 5, Line 8this section, if the student has been determined to no longer be
Page 5, Line 9on the school grounds, the facial recognition services must be
Page 5, Line 10disabled once the location of the student who exited the school
Page 5, Line 11grounds has been determined or the last known location of the student on school grounds has been determined.
Page 5, Line 12(c) A school or school contractor in possession of
Page 5, Line 13biometric identifiers shall not retain each individual's biometric identifier for longer than eighteen months.
Page 5, Line 14(4)
This section is repealed, effective July 1, 2025.Page 5, Line 15SECTION 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 5, Line 1622-30.5-529. Contracting for facial recognition service by
Page 5, Line 17institute charter schools prohibited - definition. (2) The prohibition described in subsection (1) of this section does not apply to:
Page 5, Line 18(a)
A contract that was executed before August 10, 2022,Page 5, Line 19
including such a contract that is renewed after August 10, 2022; orPage 5, Line 20contract in effect on the effective date of this Senate Bill
Page 5, Line 2125-_____;
Page 6, Line 1(c) A contract with a school service contract provider,
Page 6, Line 2as defined in section 22-16-103 (8), for the purchase of a product,
Page 6, Line 3device, or software application that allows for analysis of
Page 6, Line 4facial features for educational purposes in conjunction with curricula approved by the charter school board; or
Page 6, Line 5(d) A contractwith a school service contract provider,
Page 6, Line 6as defined in section 22-16-103 (8), for the purchase of a product,
Page 6, Line 7device, or software application that allows for the analysis of facial features under the following circumstances:
Page 6, Line 8(I) A school official or law enforcement officer makes a
Page 6, Line 9determination that an individual whose facial imaging has been
Page 6, Line 10obtained has made an articulable and significant threat against
Page 6, Line 11a school or the occupants of a school, and the use of facial
Page 6, Line 12recognition technology may assist in keeping the school and occupants safe;
Page 6, Line 13(II) A student absconds from a school class, event, or
Page 6, Line 14program or is otherwise reported as lost or missing by students,
Page 6, Line 15parents, teachers, or school officials, and there is a reasonable
Page 6, Line 16belief that using facial recognition technology may assist in
Page 6, Line 17finding the lost student based on data that could indicate the
Page 6, Line 18student's presence, location, or movements within or aroundschool grounds; or
Page 6, Line 19(III) An individual has been ordered by the courtor by the
Page 6, Line 20school administration to stay off school district property, and,
Page 6, Line 21based on threatening or harassing behavior, as determined by a
Page 6, Line 22school official or law enforcement officer, there is a
Page 6, Line 23reasonable belief that the individual may attempt to reenter district property in the future.
Page 7, Line 1(2.5) (a) (I) If a school has a contract to use facial
Page 7, Line 2recognition services pursuant to the exemption in subsection
Page 7, Line 3(2)(c) of this section, the school or school contractor shall not process:
Page 7, Line 4(A) A student's biometric identifier without first
Page 7, Line 5obtaining the student's consent and the consent of the student's
Page 7, Line 6parent or legal guardian on the form described in subsection(2.5)(a)(II) of this section;
Page 7, Line 7(B) A staff member's biometric identifier without first
Page 7, Line 8obtaining the staff member's consent on the form described in subsection (2.5)(a)(II) of this section; or
Page 7, Line 9(C) Any other individual's biometric identifier without
Page 7, Line 10first obtaining the individual's consent and the consent of the
Page 7, Line 11individual's parent or legal guardian if legally required on the form described in subsection (2.5)(a)(II) of this section; and
Page 7, Line 12(II) The consent form must:
(A) Be opt-in;
Page 7, Line 13(B) Be stand-alone from other information and waivers;
Page 7, Line 14(C) Include a notice that a biometric identifier is being
Page 7, Line 15collected, what the biometric identifier will be used for, and who will be in control of the biometric identifier; and
Page 7, Line 16(D) Include information about the retention schedule of the biometric identifier.
Page 7, Line 17(b) (I) If a school has a contract to use facial recognition
Page 7, Line 18services pursuant to the exemption in subsection (2)(d) of this
Page 7, Line 19section, the school shall provide a notice to all students,
Page 8, Line 1parents and legal guardians, and staff, and shall post notices
Page 8, Line 2at the entrances to school grounds that individuals may be subject to use of facial recognition services on school grounds.
Page 8, Line 3(II) If facial recognition services are being used for any of
Page 8, Line 4the circumstances pursuant to subsection (2)(d) of this section,
Page 8, Line 5the facial recognition services must only be used to identifyand
Page 8, Line 6locate the specific individual or individuals for the exempted
Page 8, Line 7circumstance and to identify and locate a specific individual or
Page 8, Line 8individuals whom there is reasonable belief were connected to the exempted circumstance.
Page 8, Line 9(III) If facial recognition services are being used for any
Page 8, Line 10of the circumstances pursuant to subsection (2)(d) of this
Page 8, Line 11section, the facial recognition services, once enabled, must not
Page 8, Line 12be used for any other purpose during that time frame and must
Page 8, Line 13be disabled immediately upon identificationand determining the
Page 8, Line 14location of the individualor individuals in the exempted circumstance.
Page 8, Line 15(IV) In the circumstances described in subsection (2)(d)(II)
Page 8, Line 16of this section, if the student has been determined to no longer
Page 8, Line 17be on the school grounds, the facial recognition services must
Page 8, Line 18be disabled once the location of the student who exited the
Page 8, Line 19school grounds has been determined or the last known location of the student on school grounds has been determined.
Page 8, Line 20(c) A school or school contractor in possession of
Page 8, Line 21biometric identifiers shall not retain each individual's biometric identifier for longer than eighteen months.
Page 8, Line 22(4)
This section is repealed, effective July 1, 2025.Page 9, Line 1SECTION 3. Safety clause. The general assembly finds,
Page 9, Line 2determines, and declares that this act is necessary for the immediate
Page 9, Line 3preservation of the public peace, health, or safety or for appropriations for
Page 9, Line 4the support and maintenance of the departments of the state and state institutions.