§ 22-16-111. Use of Data – Exceptions – Application of Article

1. Notwithstanding any provision of this article to the contrary, this article does not prohibit the use of student personally identifiable information to:
   1. Use adaptive learning or design personalized or customized education;
   2. Maintain, develop, support, improve, or diagnose a school service contract provider’s website, online service, online application, or mobile application;
   3. Provide recommendations for school, educational, or employment purposes within a school service, so long as the response is not determined in whole or in part by payment or other consideration from a third party;
   4. Respond to a student’s request for information or for feedback so long as the information or response is not determined in whole or in part by payment or other consideration from a third party;
   5. Identify for the student, only with the written consent of the student or the student’s parent, institutions of higher education or scholarship providers that are seeking students who meet specific criteria, regardless of whether the identified institutions of higher education or scholarship providers provide consideration to the school service contract provider;
   6. In accordance with the terms of a contract between the school service contract provider and a public education entity, produce and distribute, free or for consideration, student class photos and yearbooks only to the public education entity, students, parents, or individuals authorized by parents; or
   7. Provide for the student, only with the express written consent of the student or the student’s parent given in response to clear and conspicuous notice, access to employment opportunities, educational scholarships or financial aid, or postsecondary education opportunities, regardless of whether the school service contract provider receives consideration from one or more third parties in exchange for the student personally identifiable information. This exception applies only to school service contract providers that provide nationally recognized assessments that postsecondary institutions of higher education use in making admissions decisions.
2. This article does not:
   1. Impose a duty on a provider of an interactive computer service, as defined in 47 U.S.C. sec. 230, to review or enforce compliance with this article by school service contract providers or school service on-demand providers;
   2. Impede the ability of a student to download, export, or otherwise save or maintain his or her own student personally identifiable information or documents;
   3. Limit internet service providers from providing internet connectivity to public schools or to students and their families;
   4. Prohibit a school service contract provider from marketing educational products directly to parents so long as the marketing does not result from the use of student personally identifiable information obtained by the school service contract provider as a result of providing its website, online service, online application, or mobile application; or
   5. Impose a duty on a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this article on that software or those applications.
3. The requirements specified in sections 22-16-108 to 22-16-110 apply to school service contract providers that enter into or renew contracts with public education entities on or after August 10, 2016.

Source: L. 2016: Entire article added, (HB 16-1423), ch. 355, p. 1473, § 1, effective August 10.