CO SB143: Extend Prohibition on School Facial Recognition

In one paragraph

Colorado's SB 25-143 keeps the SB 22-113 ban on schools signing facial recognition contracts by deleting its July 1, 2025 repeal date. Contracts in effect April 18, 2025 stay allowed. New exceptions cover vendor tools used with board-approved curricula, which need opt-in consent, and safety uses: an articulable and significant threat, a missing student, or a person ordered to stay off school property. Safety systems may identify only the people involved and only while such a situation is occurring. Biometric identifiers may be kept no longer than 18 months, and aggrieved parties may seek an injunction. Signed and effective April 18, 2025 (Chapter 86).

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

School technology vendors: Colorado schools may sign facial recognition contracts only under the act's exceptions; contractors need opt-in consent before processing biometric identifiers for education uses, may keep any for no more than 18 months, and can be enjoined in court.

Key provisions

1. 1Repeals the July 1, 2025 repeal date of C.R.S. 22-32-150 (school districts, their schools and charter schools) and 22-30.5-529 (institute charter schools), so the ban on executing contracts for facial recognition services has no end date
2. 2The existing-contract exception now covers a contract in effect on the act's effective date (April 18, 2025), replacing the exception for contracts executed before August 10, 2022 and their renewals; the consumer-device exception (tablets, smartphones) is unchanged
3. 3Educational exception: contracts with a school service contract provider for products or software that analyze facial features for educational purposes with curricula approved by the local school board (or charter school board). The school or contractor may not process a student's, staff member's or other person's biometric identifier without opt-in consent on a stand-alone form (parent only for fifth grade and below; student and parent above) stating what is collected, its use, who controls it and the retention schedule
4. 4Safety exception: contracts for facial analysis when a school official or law enforcement officer determines a person made an articulable and significant threat against the school or its occupants and the technology may help keep them safe; a student absconds or is reported lost or missing and there is a reasonable belief it may help find the student; or a person ordered by a court or the school to stay off district property is, based on threatening or harassing behavior, reasonably believed to be someone who may try to reenter
5. 5Schools with a safety-exception contract must notify all students, parents and staff and post notices at school entrances; the system may only identify and locate the individuals involved (or reasonably believed connected) and must be disabled once they are located; camera systems that cannot be toggled without losing effectiveness may stay on but may not identify anyone unless a listed situation is actively occurring
6. 6Each school district must adopt a facial recognition policy naming the authorized personnel (such as administrators and law enforcement officials) who may process facial recognition data in response to an articulable and significant threat; no one else may access the data, and searches require a formal request process
7. 7Schools and school contractors may not retain anyone's biometric identifier for more than 18 months; an aggrieved party may seek a temporary restraining order or injunction in district court against the school, its employee or contractor, and the court may order relief to restore injured persons and prevent unjust enrichment
8. 8Signed by the Governor April 18, 2025 (Chapter 86, Session Laws of Colorado 2025); effective on signature (safety clause)

Latest legislative action

Apr 18, 2025. Governor Signed

Sponsors (showing 5 of 14)

Roll call votes (showing 3 of 9)

Amendments (6)

• Senate Education Amendment L.002 Adopted 2025-03-05
• Senate Education Amendment L.009 Adopted 2025-03-05
• Senate Education Amendment L.008 Adopted 2025-03-05
• Second Reading Amendment L.011 Adopted 2025-03-13
• Second Reading Amendment L.012 Adopted 2025-03-13
• Second Reading Amendment L.013 Adopted 2025-04-02