Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H4405

Introduced
8/18/25  

Caption

Relative to student and educator data privacy

Impact

Should this bill be enacted, it would significantly impact existing Massachusetts laws by adding stringent requirements for data privacy and security. New provisions will require all educational contracts to include specific clauses related to data ownership, prohibition of commercial use, and procedures for parents to access and correct their children's records. Furthermore, breaches of data privacy could result in severe penalties against operators, reinforcing the need for responsible data stewardship in education.

Summary

House Bill 4405 focuses on enhancing the privacy of student and educator data within K-12 educational institutions in Massachusetts. The legislation aims to establish clear definitions relating to 'covered information' and provide guidelines for the collection, use, and protection of personal data. The bill mandates educational entities and operators to ensure that student data remains confidential and is used solely for educational purposes, prohibiting any commercial usage without proper consent.

Contention

Notable points of contention surrounding HB 4405 include discussions on the feasibility of monitoring compliance among various educational entities, especially smaller districts with limited resources. Concerns have been raised regarding the potential for increased administrative burdens and the ability of schools to adjust to the new regulations while ensuring they meet existing educational standards. Some stakeholders fear that the stringent regulations may limit the effectiveness of vendors that provide educational technology services and may inadvertently hinder innovation in K-12 education.

Additional_notes

The bill also proposes the appointment of a Chief Privacy Officer to oversee the implementation of these new data security policies and the establishment of a training program related to data privacy responsibilities for educators.

Companion Bills

MA H633

Replaces Relative to student and educator data privacy

Previously Filed As

MA H532

Relative to student and educator data privacy

MA S280

Relative to student and educator data privacy

MA H537

Relative to safety and violence education for students (the SAVE Students Act)

MA S276

Relative to safety and violence education for students (the SAVE Students Act)

MA H83

To establish the Massachusetts data privacy protection act

MA S25

Establishing the Massachusetts Data Privacy Protection Act

MA S266

Enhancing the educational outcomes of expectant and parenting students

MA H4632

Establishing the Massachusetts Data Privacy Act

MA S2770

Establishing the Massachusetts Data Privacy Act

MA S223

To ensure the health and safety of the commonwealth’s students and educators

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