{"id":372002,"date":"2016-03-31T21:34:37","date_gmt":"2016-04-01T02:34:37","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/colorado-law\/colorado-privacy-of-school-records-laws.html"},"modified":"2016-06-20T19:50:07","modified_gmt":"2016-06-21T00:50:07","slug":"colorado-privacy-of-school-records-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/colorado-law\/colorado-privacy-of-school-records-laws.html","title":{"rendered":"Colorado Privacy of School Records Laws"},"content":{"rendered":"\n
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Colorado Privacy of School Records Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Federal law and Colorado state laws address the issue of ensuring public school records are kept confidential and aren\u2019t disclosed unnecessarily. To learn more about Colorado and federal laws on the privacy of school records<\/a>, take a look at the table below.<\/p>\n\n
Colorado and Federal Codes<\/b><\/td>\nColorado Revised Statutes Sections 22-1-123: Protection of Student Data<\/a>, which incorporates the federal Family Educational Rights and Privacy Act (FERPA) of 1974<\/a>. Another federal law that applies to student privacy is the Protection of Pupil Rights Amendment (PPRA)<\/a>.<\/td>\n<\/tr>
What School Record Actions Require Parental Consent?<\/b><\/td>\nThe Colorado law refers to the federal FERPA law as to how a school district must handle parent or legal guardian requests for either student education<\/a> records or amendments to the student school records after reviewing them. Also, school\u2019s can\u2019t release educational records without the parent or guardian\u2019s written consent, except as permitted by FERPA<\/a>.

If a school district needs written consent<\/a> from a parent or guardian to release personally identifiably student\u2019s records (other than directory information), they must provide the following specific information:<\/p>\n

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  1. Records to be released<\/li>\n
  2. Reasons for the release<\/li>\n
  3. Person or organization requesting the information<\/li>\n
  4. Manner in which the records will be released<\/li>\n
  5. Right to review or receive a copy of the records to be released<\/li>\n<\/ol>\n

    At the beginning of each school year, the parent or guardian of each student in a school district must be sent written notice of their rights under federal and Colorado law.<\/p>\n

    The PPRA<\/a> protects the rights<\/a> of parents and students by ensuring schools make instruction materials available to parents for inspection, including surveys and evaluations their children will participate in, and ensures schools get written parental consent before students are required to participate in those surveys or evaluations. This is also part of the Colorado law. Any student evaluation or assessment on the following topics can only be done with the written consent of the student\u2019s parent or guardian:<\/p>\n

Exceptions to Parental Consent Requirements<\/b><\/td>\nOf course, there are some exceptions to requiring parental consent, for example, when there are immediate safety concerns. These exceptions include:
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Penalty for Violation of School Record Privacy Laws<\/b><\/td>\nUnder FERPA, the U.S. Secretary of Education<\/a> can take appropriate actions against a school district that isn\u2019t complying. Most significantly, the Secretary can stop giving the school district federal funds for failure to comply with these school privacy laws<\/a>. This can make operating schools difficult. Before that action is taken, the Secretary of Education works with the school district to comply voluntarily.<\/td>\n<\/tr>
Who Can You Contact with Concerns?<\/b><\/td>\nParents or students who believe their school privacy rights may have been violated can file a complaint with the Education Department by contacting the Family Policy Compliance Office<\/a> at 1-8000-USA-LEARN or 202-260-3887 or by mail:
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Family Policy Compliance Office
\nU.S. Department of Education
\n400 Maryland Avenue, SW
\nWashington, D.C. 20202-5920<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

If something suspicious or inappropriate has happened to your school records or those of your child, you may want to speak with an experienced Colorado education law attorney<\/a>. An educational lawyer can inform you about when a teacher or school is required to disclose information about your student, who they are allowed to disclose that information to, and how to get student records when a school refuses to provide you access to them. In addition, if your student was harmed by the improper disclosure of school records to a third party, an education lawyer may be able to help you recover damages.<\/p>\n

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