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.