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 for the purchase of a product, device, or
Page 2, Line 9software application that allows for analysis of facial
Page 2, Line 10features for educational purposes in conjunction with curricula
Page 2, Line 11approved by the local school board of a school district as defined in section 22-5-103 (4); or
Page 2, Line 12(d) A contract for the purchase of a product, device, or
Page 2, Line 13software application that allows for the analysis of facial features under the following exigent circumstances:
Page 2, Line 14(I) A school official or law enforcement officer makes a
Page 2, Line 15determination that an individual whose face is known has made
Page 3, Line 1an articulable and significant threat against a school or the
Page 3, Line 2occupants of a school, and the use of facial recognition technology may assist in keeping the school and occupants safe;
Page 3, Line 3(II) A student absconds from a school class, event, or
Page 3, Line 4program or is otherwise reported as lost or missing by students,
Page 3, Line 5parents, teachers, or school officials, and there is a reasonable
Page 3, Line 6belief that using facial recognition technology may assist in
Page 3, Line 7finding the lost student and there is a reasonable belief that the student is still on school grounds; or
Page 3, Line 8(III) An individual has been ordered by the court to stay
Page 3, Line 9off school district property, and, based on threatening or
Page 3, Line 10harassing behavior, as determined by a school official or law
Page 3, Line 11enforcement officer, there is a reasonable belief that the
Page 3, Line 12individual may attempt to reenter district property in the future.
Page 3, Line 13(2.5) (a) (I) If a school has a contract to use facial
Page 3, Line 14recognition services pursuant to the exemption in subsection
Page 3, Line 15(2)(c) of this section, the school or contractor shall not process:
Page 3, Line 16(A) A student's biometric identifier without first
Page 3, Line 17obtaining the student's consent and the consent of the student's
Page 3, Line 18parent or legal guardian on the form described in subsection(2.5)(a)(II) of this section;
Page 3, Line 19(B) A staff member's biometric identifier without first
Page 3, Line 20obtaining the staff member's consent on the form described in subsection (2.5)(a)(II) of this section; or
Page 3, Line 21(C) Any other individual's biometric identifier without
Page 4, Line 1first obtaining the individual's consent and the consent of the
Page 4, Line 2individual's parent or legal guardian if legally required on the form described in subsection (2.5)(a)(II) of this section.
Page 4, Line 3(II) The consent form must:
(A) Be opt-in;
Page 4, Line 4(B) Be stand-alone from other information and waivers;
Page 4, Line 5(C) Include a notice that a biometric identifier is being
Page 4, Line 6collected, what the biometric identifier will be used for, and who will be in control of the biometric identifier; and
Page 4, Line 7(D) Include information about the retention schedule of the biometric identifier.
Page 4, Line 8(b) (I) If a school has a contract to use facial recognition
Page 4, Line 9services pursuant to the exemption in subsection (2)(d) of this
Page 4, Line 10section, the school shall provide notice to all students, parents
Page 4, Line 11and legal guardians, and staff, and shall post notices at the
Page 4, Line 12entrances to school grounds that individuals may be subject to use of facial recognition services on school grounds.
Page 4, Line 13(II) If facial recognition services are being used for any of
Page 4, Line 14the circumstances pursuant to subsection (2)(d) of this section,
Page 4, Line 15the facial recognition services must only be used to identify the specific individual or individuals in the exempted circumstance.
Page 4, Line 16(III) If facial recognition services are being used for any
Page 4, Line 17of the circumstances pursuant to subsection (2)(d) of this
Page 4, Line 18section, the facial recognition services, once turned on, must
Page 4, Line 19not be used for any other purpose during that time frame and
Page 4, Line 20must be turned off immediately upon identification of the
Page 4, Line 21individual in the exempted circumstance.
Page 5, Line 1(c) A school or school contractor in possession of
Page 5, Line 2biometric identifiers shall not retain each individual's biometric identifier for longer than eighteen months.
Page 5, Line 3(4)
This section is repealed, effective July 1, 2025.Page 5, Line 4SECTION 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 522-30.5-529. Contracting for facial recognition service by
Page 5, Line 6institute charter schools prohibited - definition. (2) The prohibition described in subsection (1) of this section does not apply to:
Page 5, Line 7(a)
A contract that was executed before August 10, 2022,Page 5, Line 8
including such a contract that is renewed after August 10, 2022; orPage 5, Line 9contract in effect on the effective date of this Senate Bill 25-_____;
Page 5, Line 10(c) A contract for the purchase of a product, device, or
Page 5, Line 11software application that allows for analysis of facial
Page 5, Line 12features for educational purposes in conjunction with curricula approved by the charter school board; or
Page 5, Line 13(d) A contract for the purchase of a product, device, or
Page 5, Line 14software application that allows for the analysis of facial features under the following exigent circumstances:
Page 5, Line 15(I) A school official or law enforcement officer makes a
Page 5, Line 16determination that an individual whose face is known has made
Page 5, Line 17an articulable and significant threat against a school or the
Page 5, Line 18occupants of a school, and the use of facial recognition technology may assist in keeping the school and occupants safe;
Page 5, Line 19(II) A student absconds from a school class, event, or
Page 5, Line 20program or is otherwise reported as lost or missing by students,
Page 6, Line 1parents, teachers, or school officials, and there is a reasonable
Page 6, Line 2belief that using facial recognition technology may assist in
Page 6, Line 3finding the lost student and there is a reasonable belief that the student is still on school grounds; or
Page 6, Line 4(III) An individual has been ordered by the court to stay
Page 6, Line 5off school district property, and, based on threatening or
Page 6, Line 6harassing behavior, as determined by a school official or law
Page 6, Line 7enforcement officer, there is a reasonable belief that the
Page 6, Line 8individual may attempt to reenter district property in the future.
Page 6, Line 9(2.5) (a) (I) If a school has a contract to use facial
Page 6, Line 10recognition services pursuant to the exemption in subsection
Page 6, Line 11(2)(c) of this section, the school or school contractor shall not process:
Page 6, Line 12(A) A student's biometric identifier without first
Page 6, Line 13obtaining the student's consent and the consent of the student's
Page 6, Line 14parent or legal guardian on the form described in subsection(2.5)(a)(II) of this section;
Page 6, Line 15(B) A staff member's biometric identifier without first
Page 6, Line 16obtaining the staff member's consent on the form described in subsection (2.5)(a)(II) of this section; or
Page 6, Line 17(C) Any other individual's biometric identifier without
Page 6, Line 18first obtaining the individual's consent and the consent of the
Page 6, Line 19individual's parent or legal guardian if legally required on the form described in subsection (2.5)(a)(II) of this section; and
Page 6, Line 20(II) The consent form must:
Page 6, Line 21(A) Be opt-in;
(B) Be stand-alone from other information and waivers;
Page 7, Line 1(C) Include a notice that a biometric identifier is being
Page 7, Line 2collected, what the biometric identifier will be used for, and who will be in control of the biometric identifier; and
Page 7, Line 3(D) Include information about the retention schedule of the biometric identifier.
Page 7, Line 4(b) (I) If a school has a contract to use facial recognition
Page 7, Line 5services pursuant to the exemption in subsection (2)(d) of this
Page 7, Line 6section, the school shall provide a notice to all students,
Page 7, Line 7parents and legal guardians, and staff, and shall post notices
Page 7, Line 8at the entrances to school grounds that individuals may be subject to use of facial recognition services on school grounds.
Page 7, Line 9(II) If facial recognition services are being used for any of
Page 7, Line 10the circumstances pursuant to subsection (2)(d) of this section,
Page 7, Line 11the facial recognition services must only be used to identify the specific individual or individuals in the exempted circumstance.
Page 7, Line 12(III) If facial recognition services are being used for any
Page 7, Line 13of the circumstances pursuant to subsection (2)(d) of this
Page 7, Line 14section, the facial recognition services, once turned on, must
Page 7, Line 15not be used for any other purpose during that time frame and
Page 7, Line 16must be turned off immediately upon identification of the individual in the exempted circumstance.
Page 7, Line 17(c) A school or school contractor in possession of
Page 7, Line 18biometric identifiers shall not retain each individual's biometric identifier for longer than eighteen months.
Page 7, Line 19(4)
This section is repealed, effective July 1, 2025.Page 7, Line 20SECTION 3. Safety clause. The general assembly finds,
Page 8, Line 1determines, and declares that this act is necessary for the immediate
Page 8, Line 2preservation of the public peace, health, or safety or for appropriations for
Page 8, Line 3the support and maintenance of the departments of the state and state institutions.