Deposit of records upon discontinuance.

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(1) (a) If a private college or university or seminary or religious training institution ceases operating within this state, the owner of the institution or his or her designee shall deposit with the department the original or legible true copies of all educational records of the institution.

  1. If the commission determines that the records of a private college or university orseminary or religious training institution that ceases operating within the state are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the department, the commission may seek a court order authorizing the department to seize and take possession of the records.

  2. The department or the attorney general may enforce the provisions of this subsection

  1. by filing a request for an injunction with a court of competent jurisdiction.

(d) The commission shall adopt policies for the implementation of this subsection (1).

  1. A person may request, in accordance with the provisions of the "Colorado OpenRecords Act", part 2 of article 72 of title 24, C.R.S., a copy of a record held by the department pursuant to this section.

  2. The department shall permanently retain any student transcripts received pursuant tothis section. The department shall retain any other records received pursuant to this section for ten years following the date on which it receives or obtains the records. After the required retention period, the department shall dispose of the records in a manner that will adequately protect the privacy of personal information included in the records.

Source: L. 85: Entire section added, p. 772, § 1, effective June 6. L. 2008: Entire section amended, p. 1478, § 18, effective May 28; entire section amended, p. 1649, § 3, effective May 29. L. 2012: Entire section R&RE, (HB 12-1155), ch. 255, p. 1290, § 15, effective August 8.

Editor's note: Amendments to this section by Senate Bill 08-018 and Senate Bill 08-167 were harmonized.


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