SB 25-143: Extend Prohibition on School Facial Recognition - Colorado

Revised (04/02/2025) → PA1 (03/06/2025) · 5 edits

MODERATE

This bill amends Colorado's facial recognition law by removing an automatic repeal of restrictions on schools using facial recognition technology and adding new exceptions for specific safety scenarios. The changes expand when schools can legally use facial recognition systems while maintaining strict consent requirements and limiting the technology's use to identifying individuals in emergencies or when ordered by courts.

Scope change

The bill expands the circumstances under which schools may use facial recognition technology by creating new exceptions for safety situations, while maintaining the prohibition on general use. It also removes a sunset provision that would have ended these restrictions on July 1, 2025.

TIMELINE

Removed the automatic repeal of facial recognition restrictions that was set to expire on July 1, 2025, making the law permanent unless amended again.

REQUIREMENT

Added new exceptions allowing facial recognition use when there is an articulable threat to safety, when a student is missing or lost, or when an individual is ordered by a court or school to stay off property.

Added requirement for schools to post notices at entrances informing the community that facial recognition services may be used on school grounds.

Modified consent requirements to include specific information about data retention schedules and control of biometric identifiers.

Added requirement that consent forms must be opt-in, stand-alone documents, and clearly explain what biometric data is being collected and how it will be used.

Rerevised (04/03/2025) → Revised (04/02/2025) · 4 edits

MODERATE

The bill was revised to update its status from 'Rerevised' to 'Revised' and add new provisions regarding biometric identifier collection. The changes require explicit opt-in consent forms that must be stand-alone documents, clearly notifying individuals about what biometric data is being collected and how it will be used. These provisions also mandate parental or legal guardian consent when required by law for minors.

Scope change

The bill's scope was expanded to include stricter requirements for biometric data collection, adding new consent and notification obligations that were not present in the previous version.

REQUIREMENT

New requirements for biometric identifier collection now mandate explicit opt-in consent forms that must be stand-alone documents, separate from other waivers or information.

Added notification requirements that must inform individuals about what biometric identifier is being collected and its intended use.

New provision requires parental or legal guardian consent when legally required for minors before collecting any other individual's biometric identifier.

TECHNICAL

Updated document status from 'Rerevised' to 'Revised' and changed the amendment adoption description from 'Adopted in the Second House' to 'Adopted on Second Reading in the Second House'.

Final Act (04/08/2025) → Rerevised (04/03/2025) · 4 edits

MODERATE

The bill was reorganized and reformatted from its final act version to a rerevised version for the 75th General Assembly. The substantive policy text regarding facial recognition restrictions in schools remains largely unchanged, though line numbers and formatting were adjusted to reflect amendments adopted in the second house. The core provisions prohibiting schools from contracting for facial recognition services, with specific exceptions for existing contracts and limited safety-related uses, were preserved.

Scope change

No substantive change to the bill's scope or applicability; changes are primarily related to formatting, line numbering, and legislative markup conventions.

TECHNICAL

The document was restructured from a final act signature format to a rerevised legislative format with updated headers, page numbers, and line numbering.

Line numbers were added to the text and the bill summary section was reorganized to reflect different reading stages.

Notes about bill status and signature instructions were removed as they are no longer relevant to the revised version.

New headers indicating the bill is from the First Regular Session of the Seventy-fifth General Assembly and includes all amendments adopted in the second house.

Signed Act (04/18/2025) → Final Act (04/08/2025) · 5 edits

MODERATE

This bill amends Colorado's facial recognition law for schools, adding new exemptions and clarifying requirements for when facial recognition technology can be used. The changes expand permitted uses while maintaining strict consent and data retention rules to protect student privacy.

Scope change

The bill modifies the scope of facial recognition exemptions by adding new categories of permitted use and clarifying conditions under which schools may use the technology.

ELIGIBILITY

Added a new exemption (subsection 2.5) allowing facial recognition use when schools have contracts with service providers for products that analyze facial features for educational purposes approved by local school boards.

REQUIREMENT

Modified consent requirements to clarify that for students in fifth grade or below, only parent or legal guardian consent is required rather than student consent as well.

Added restrictions requiring facial recognition services used for specific circumstances to only identify individuals connected to those circumstances and to be disabled after use.

TECHNICAL

Removed formatting markup and explanatory notes about how the bill was prepared for signatures and Governor action.

Modified document formatting and layout, including repositioning of bill title, sponsors, and section headers to match final act format.

Reengrossed (03/14/2025) → Signed Act (04/18/2025) · 6 edits · Apr 18, 2025

MODERATE

The bill was amended to strengthen protections around facial recognition use in Colorado schools. Key changes include clarifying exemptions for existing contracts, adding stricter consent requirements for biometric data collection, and implementing new limits on how long biometric data can be retained. The amendments also add specific rules for when facial recognition can be used for safety purposes versus educational purposes.

Scope change

The bill's scope was expanded to include clearer definitions of when facial recognition is permitted for safety reasons versus educational purposes, and added new requirements for consent forms and data retention schedules.

ELIGIBILITY

Changed the effective date language from a generic 'Senate Bill' placeholder to specifically reference SB 25-143, clarifying which contracts qualify for the exemption.

REQUIREMENT

Added new consent requirements for staff members and other individuals, not just students, when using facial recognition services.

Added specific rules requiring facial recognition systems used for safety to be disabled immediately after identifying individuals, with limited exceptions for security camera systems.

Added a new requirement for school districts to develop policies governing facial recognition use, including access and oversight guidelines.

Added requirements for consent forms to be opt-in, stand-alone, and include specific notices about data collection and control.

TIMELINE

Added a specific data retention limit of eighteen months for biometric identifiers collected by schools or contractors.

Engrossed (03/13/2025) → Reengrossed (03/14/2025) · 4 edits · Mar 14, 2025

MODERATE

The bill was reengrossed to include additional co-sponsors from the Senate and to update the bill summary note to reflect that the new version includes all amendments adopted in the House of Introduction. The substantive policy text regarding biometric data collection restrictions in schools was partially removed, with some lines deleted from the section covering curriculum that collects biometric identifiers.

Scope change

The bill's scope regarding biometric data restrictions in schools was narrowed by removing specific text about biometric identifier collection prohibitions and facial recognition service exemptions.

TECHNICAL

Added four new co-sponsors to the Senate sponsorship list: Amabile, Kipp, Kirkmeyer, Mullica, Roberts, and Rodriguez.

Updated the bill summary note to indicate that the reengrossed version includes all amendments adopted in the House of Introduction.

REQUIREMENT

Deleted text specifying that schools must prohibit contracting for curriculum that collects biometric identifiers prior to use.

Removed language requiring schools with facial recognition service contracts to provide notice to all students and parents.

Introduced (02/05/2025) → Engrossed (03/13/2025) · 5 edits · Mar 14, 2025

MODERATE

This bill was amended to expand exceptions for facial recognition technology use in schools. The changes allow continued use of facial recognition under new contract categories and modify consent requirements for younger students.

Scope change

The bill now permits facial recognition contracts with 'School Service Contract Providers' in addition to existing exceptions, and adds a new exception for curriculum-approved educational purposes.

ELIGIBILITY

Added a new exception allowing facial recognition contracts with School Service Contract Providers for educational purposes.

Modified the language to clarify that contracts must be in effect on the bill's effective date, not just renewed after August 10, 2022.

REQUIREMENT

Changed consent requirements for students in kindergarten through fifth grade, requiring only parental consent rather than both student and parental consent.

Modified consent form requirements to allow consent to be obtained at the beginning of each school year or prior to curriculum use.

DEFINITION

Added reference to Section 22-16-103(8) for defining School Service Contract Providers.

Extend Prohibition on School Facial Recognition

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