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Colorado lawmakers want to extend a statewide prohibition on facial recognition technology in schools while also placing some guardrails on its use in districts where the technology has been allowed to be used.
Current law says K-12 schools cannot contract with any vendor for facial recognition services unless the contract was in place before Aug. 10, 2022 — or relates to a widely available consumer product such as a smartphone.
Senate Bill 143 mostly extends that provision while also renewing a debate about whether the technology can keep students and schools safe or whether it’s a violation of student privacy.
About 12 districts statewide use the technology and sponsors are working to place some limits on how they use the software, said state Rep. Lindsey Daugherty, an Arvada Democrat.
“We’re trying to find the balance between letting them use the technology, but also protecting students' biometric data,” Daugherty said.
The bill narrowly passed the Senate Education Committee on a 4-3 vote Wednesday and is also sponsored by Senate Minority Leader Paul Lundeen, House Minority Whip Ryan Armagost, and state Rep. Michael Carter, an Aurora Democrat.
Bill sponsors have amended the bill to help schools that use the technology continue using the software. For instance, amendments list when the technology can be turned on, such as in the case of an emergency or by the request of law enforcement.
School districts reported they use the technology to find students who have left the school building or gone missing, said Greg Miller, Cheyenne Mountain School District executive director of technology.
“We had a child that was in preschool who continually, when walking down the hall with his class, would decide to run out a side door,” Miller said. “With three clicks we could locate his last location.”
Michelle Bourgeois, the St. Vrain Valley Schools' chief technology officer, also testified that the software can cut down on identifying a person from hours to minutes and keep away someone who isn’t supposed to be on campus.
She said the technology isn’t meant to profile students or be used on them.
“As professionals who serve in our schools, we care deeply about both student safety and privacy,” she said. “We’re simply asking for the ability to use modern tools to protect the students in our care.”
Many groups also testified in support of the continued ban out of concern for student privacy.
The ACLU of Colorado testified in favor of the bill, with representatives saying they’d prefer a statewide prohibition. They said the bill strikes a balance.
“Facial recognition poses real risks to privacy,” said Anaya Robinson, the ACLU of Colorado’s senior policy strategist. She added the technology “can easily toe the line between constitutional use and unconstitutional use.”
And Jeffco Public Schools social studies teacher Angie Anderson said she worries about how schools use these systems. Anderson testified in favor of the bill on behalf of the Colorado Education Association, the state’s largest teachers union.
The technology has the potential to create an environment where teachers could perceive schools are spying on them or unfairly target certain students, she said.
“For all its potential benefits, this technology can come equipped with vast potential for abuse,” she said.
The bill will now be heard before the full Senate, and sponsors plan for further amendments for districts that currently use the facial recognition technology after feedback from leaders.
Jason Gonzales is a reporter covering higher education and the Colorado legislature. Chalkbeat Colorado partners with Open Campus on higher education coverage. Contact Jason at jgonzales@chalkbeat.org.
