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2018 Op. Colo. Att'y Gen. 1 (2018)

handle is hein.sag/sagco2018 and id is 1 raw text is: 



CYNTHIA H. COFFMAN
Attorney General
MELANIE J. SNYDER
Chief Deputy Attorney
General
LEORA JOSEPH
Chief of Staff
FREDERICK R. YARGER
Solicitor General


STATE   OF COLORADO
DEPARTMENT OF LAW


RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000

Office of the Attorney General


                FORMAL                    )
                OPINION                   )
                                          )             No. 18-01
                    of
                                          )          January 11, 2018
         CYNTHIA   H. COFFMAN             )
             Attorney General             )


   This Opinion provides general guidance regarding the Family Educational
Rights Privacy Act, 20 U.S.C. § 1232g (FERPA), a federal statute governing
privacy of student records. The  Opinion addresses  misconceptions about
FERPA's  scope to assure teachers, administrators, and other school staff that
they may  proactively respond to safety concerns, including threats of school
violence, without violating students' and families' privacy rights. The Opinion
also explains what information Colorado schools may  obtain from juvenile
courts and law enforcement agencies to assist in evaluating school safety risks.

   For answers to specific questions regarding FERPA compliance, including
questions beyond the scope of this Opinion, schools and districts should consult
counsel. This Opinion  focuses on the  K-12  school environment. FERPA
questions specific to higher education are beyond the scope of this Opinion.


                              OVERVIEW

   Reports analyzing  recent campus  shootings observe that educators in
Colorado  and elsewhere  often misunderstand  the scope  and meaning   of
FERPA.  Teachers  and administrators fear that by responding proactively to
threats of school violence, they may run afoul of federal privacy laws. This
Opinion seeks to dispel these misunderstandings and to prevent unfounded


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