|
<br />to whom the records are disclosed certify in writing that
<br />the information shall not be disclosed to any other party,
<br />except as otherwise provided by law, without the prior
<br />written consent of the student's parent or legal guardian
<br />or of the student ifhe or she is at least eighteen years of
<br />age or is attending an institution of postsecondary
<br />education;
<br />(D) The disclosure is to comply with a judicial
<br />order or a lawfully issued subpoena, if a reasonable
<br />effort is made to notify the student's parent or legal
<br />guardian or the student if he or she is at least eighteen
<br />years of age or is attending a postsecondary institution
<br />about the order or subpoena in advance of compliance,
<br />so that such parent, legal guardian, or student is
<br />provided an opportunity to seek protective action, unless
<br />the disclosure is in compliance with a federal grand jury
<br />subpoena or any other subpoena issued for a law
<br />enforcement purpose and the court or the issuing agency
<br />has ordered that the existence or contents of the
<br />subpoena or the information furnished in response to the
<br />subpoena not be disclosed;
<br />(E) The disclosure is in connection with an
<br />emergency if knowledge of the information is necessary
<br />to protect the health or safety of the student or other
<br />individuals, as specifically prescribed by federal
<br />regulation.
<br />(II) Nothing in this paragraph (e) shall prevent
<br />public school administrators, teachers, or staff from
<br />disclosing information derived from personal
<br />knowledge or observation and not derived from a
<br />student's record maintained by a public school or a
<br />person acting for the public school.
<br />(3.5) (a) Effective January 1, 1992, any
<br />individual who meets the requirements of this
<br />subsection (3.5) may request that the address of such
<br />individual included in any public records concerning
<br />that individual which are required to be made,
<br />maintained, or kept pursuant to the following sections
<br />be kept confidential:
<br />(I) Sections 1-2-227 and 1-2-301, C.R.S.;
<br />(II) (Deleted by amendment, 1. 2000, p. 1337,
<br />S 1, effective May 30,2000.)
<br />(III) Section 24-6-202.
<br />(b) (I) An individual may make the request of
<br />confidentiality allowed by this subsection (3.5) if such
<br />individual has reason to believe that such individual, or
<br />any member of such individual's immediate family who
<br />resides in the same household as such individual, will be
<br />exposed to criminal harassment as prohibited in section
<br />18-9-111, C.R.S., or otherwise be in danger of bodily
<br />harm, if such individual's address is not kept
<br />confidential in accordance with this subsection (3.5).
<br />(II) A request of confidentiality with respect to
<br />records described in subparagraph (I) of paragraph (a)
<br />of this subsection (3.5) shall be made in person in the
<br />office of the county clerk and recorder of the county
<br />where the individual making the request resides.
<br />Requests shall be made on application forms approved
<br />by the secretary of state, after consultation with county
<br />clerk and recorders. The application form shall provide
<br />
<br />space for the applicant to provide his or her name and
<br />address, date of birth, and any other identifying
<br />information determined by the secretary of state to be
<br />necessary to carry out the provisions of this subsection
<br />(3.5). In addition, an affIrmation shall be printed on the
<br />form, in the area immediately above a line for the
<br />applicant's signature and the date, stating the following:
<br />"I swear or affirm, under penalty of perjury, that I have
<br />reason to believe that I, or a member of my immediate
<br />family who resides in my household, will be exposed to
<br />criminal harassment, or otherwise be in danger of bodily
<br />harm, if my address is not kept confidential."
<br />Immediately below the signature line, there shall be
<br />printed a notice, in a type that is larger than the other
<br />information contained on the form, that the applicant
<br />may be prosecuted for perjury in the second degree
<br />under section 18-8-503, C.R.S., if the applicant signs
<br />such affIrmation and does not believe such affirmation
<br />to be true.
<br />(III) The county clerk and recorder of each
<br />county shall provide an opportunity for any individual
<br />to make the request of confidentiality allowed by this
<br />subsection (3.5) in person at the time such individual
<br />makes application to the county clerk and recorder to
<br />register to vote or to make any change in such
<br />individual's registration, and at any other time during
<br />normal business hours of the office of the county clerk
<br />and recorder. The county clerk and recorder shall
<br />forward a copy of each completed application to the
<br />secretary of state for purposes of the records maintained
<br />by him or her pursuant to subparagraph (I) of paragraph
<br />(a) of this subsection (3.5). The county clerk and
<br />recorder shall collect a processing fee in the amount of
<br />five dollars of which amount two dollars and fifty cynts
<br />shall be transmitted to the secretary of state for the
<br />purpose of offsetting the secretary of state's costs of
<br />processing applications forwarded to the secretary of
<br />state pursuant to this subparagraph (III). All processing
<br />fees received by the secretary of state pursuant to this
<br />subp?ragraph (III) shall be transmitted to the state
<br />treasurer, who shall credit the same to the department of
<br />state cash fund.
<br />(IV) The secretary of state shall provide an
<br />opportunity for any individual to make the request of
<br />confidentiality allowed by paragraph (a) of this
<br />subsection (3.5), with respect to the records described in
<br />subparagraph (III) of paragraph (a) of this subsection
<br />(3.5). The secretary of state may charge a processing
<br />fee, not to exceed five dollars, for each such request. All
<br />processing fees collected by the secretary of state
<br />pursuant to this subparagraph (IV) or subparagraph (III)
<br />of this paragraph (b) shall be transmitted to the state
<br />treasurer, who shall credit the same to the department of
<br />state cash fund.
<br />(V) Notwithstanding the amount specified for
<br />any fee in subparagraph (III) or (IV) of this paragraph
<br />(b), the secretary of state by rule or as otherwise
<br />provided by law may reduce the amount of one or more
<br />of the fees credited to the department of state cash fund
<br />if necessary pursuant to section 24-75-402 (3), to reduce
<br />
<br />36
<br />
|