Colorado § 22-16-103 - Definitions.

§ 22-16-103. Definitions.

As used in this article, unless the context otherwise requires:

(1) "Aggregate data" means data collected and reported at the group, cohort, or institutional level that is aggregated using protocols that are effective for preserving the anonymity of each individual included in the data.

(2) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.

(3) "Destroy" means to remove student personally identifiable information so that it is permanently irretrievable in the normal course of business.

(4) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title, or a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools.

(5) "Parent" means a student's biological or adoptive parent or the student's legal guardian.

(6) "Public education entity" means the department, a local education provider, the state charter school institute established in section 22-30.5-503, or a public school.

(7) (a) "School service" means an internet website, online service, online application, or mobile application that:

(I) Is designed and marketed primarily for use in a preschool, elementary school, or secondary school;

(II) Is used at the direction of teachers or other employees of a local education provider; and

(III) Collects, maintains, or uses student personally identifiable information.

(b) "School service" does not include an internet website, online service, online application, or mobile application that is designed and marketed for use by individuals or entities generally, even if it is also marketed to a United States preschool, elementary school, or secondary school.

(8) "School service contract provider" or "contract provider" means an entity, other than a public education entity or an institution of higher education, that enters into a formal, negotiated contract with a public education entity to provide a school service.

(9) "School service on-demand provider" or "on-demand provider" means an entity, other than a public education entity, that provides a school service on occasion to a public education entity, subject to agreement by the public education entity, or an employee of the public education entity, to standard, non-negotiable terms and conditions of service established by the providing entity.

(10) "Small rural school district" means a school district that the department identifies as rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls fewer than one thousand students in kindergarten through twelfth grade.

(11) "State board" means the state board of education created in section 1 of article IX of the state constitution.

(12) "Student data system" means the Colorado department of education student data collection system.

(13) "Student personally identifiable information" means information that, alone or in combination, personally identifies an individual student or the student's parent or family, and that is collected, maintained, generated, or inferred by a public education entity, either directly or through a school service, or by a school service contract provider or school service on-demand provider.

(14) "Targeted advertising" means selecting and sending advertisements to a student based on information obtained or inferred over time from the student's online behavior, use of applications, or personally identifiable information. "Targeted advertising" does not include:

(a) Advertising to a student:

(I) At an online location based on the student's current visit to that location or in response to the student's request for information or feedback; and

(II) Without the collection and retention of a student's online activities over time;

(b) Adaptive learning, personalized learning, or customized education; or

(c) With the consent of a student or the student's parent, using the student's personally identifiable information to identify for the student institutions of higher education or scholarship providers that are seeking students who meet specific criteria.

(15) "Unique student identifier" means the number assigned by the department pursuant to section 22-16-105 (1) to each student enrolled in a public school.

(16) "Vendor" means a business or other organization with which a public education entity contracts for a product or service. "Vendor" includes a school service contract provider.

Source: L. 2016: Entire article added, (HB 16-1423), ch. 355, p. 1458, § 1, effective August 10.

Editor's note: This section is similar to former § 22-2-309 (2) as it existed prior to 2016.