| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO EDUCATION -- STUDENT COMPUTE R DEVICE PRIVACY |
|---|
| 16 | 16 | | Introduced By: Representatives Speakman, Knight, Boylan, Ajello, Carson, Donovan, |
|---|
| 17 | 17 | | Cortvriend, Kislak, Potter, and Cotter |
|---|
| 18 | 18 | | Date Introduced: January 24, 2025 |
|---|
| 19 | 19 | | Referred To: House Innovation, Internet, & Technology |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by 1 |
|---|
| 24 | 24 | | adding thereto the following chapter: 2 |
|---|
| 25 | 25 | | CHAPTER 117 3 |
|---|
| 26 | 26 | | STUDENT COMPUTER DEVICE PRIVACY 4 |
|---|
| 27 | 27 | | 16-117-1. Definitions. 5 |
|---|
| 28 | 28 | | As used in this chapter, the following words and terms shall have the following meanings: 6 |
|---|
| 29 | 29 | | (1) "De-identified" means data from which all personally identifiable information has been 7 |
|---|
| 30 | 30 | | removed. 8 |
|---|
| 31 | 31 | | (2) "Educational institution" or "school" means any public institution that offers 9 |
|---|
| 32 | 32 | | participants, students, or trainees an organized course of study or training that is academic, trade 10 |
|---|
| 33 | 33 | | oriented or preparatory for gainful employment in a recognized occupation and shall include any 11 |
|---|
| 34 | 34 | | person acting as an agent of the institution. 12 |
|---|
| 35 | 35 | | (3) "Institutional device" means any computing device, including computer, laptop, tablet, 13 |
|---|
| 36 | 36 | | smartphone or other electronic device owned or maintained by the educational institution or school 14 |
|---|
| 37 | 37 | | district and provided to a student for educational use. 15 |
|---|
| 38 | 38 | | (4) "Location data" means records of global positioning system or other precise location 16 |
|---|
| 39 | 39 | | data either recorded historically or in real time. 17 |
|---|
| 40 | 40 | | (5) "Personal device" means any computing device, including computer, laptop, tablet, 18 |
|---|
| 41 | 41 | | smartphone or other electronic device provided by the end user being used for educational purposes. 19 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 45 | 45 | | (6) "School district" means any local education agency and shall include any person acting 1 |
|---|
| 46 | 46 | | as an agent of the agency. 2 |
|---|
| 47 | 47 | | (7) "Student" means any student, participant, or trainee, whether full-time or part-time, in 3 |
|---|
| 48 | 48 | | an organized course of study at an educational institution. 4 |
|---|
| 49 | 49 | | 16-117-2. Restricted access to audio and video functions. 5 |
|---|
| 50 | 50 | | (a) No educational institution or school district shall activate or access, or request a third 6 |
|---|
| 51 | 51 | | party, other than a student's parent or legal guardian, to activate or access, any audio or video 7 |
|---|
| 52 | 52 | | receiving, transmitting, or recording functions on a student's institutional device or personal device, 8 |
|---|
| 53 | 53 | | unless: 9 |
|---|
| 54 | 54 | | (1) A student initiates the activation for educational purposes and access is limited to that 10 |
|---|
| 55 | 55 | | purpose; 11 |
|---|
| 56 | 56 | | (2) The activation and/or access is ordered pursuant to a judicial warrant; or 12 |
|---|
| 57 | 57 | | (3) Activation and/or access is deemed reasonably necessary in order to respond to a 13 |
|---|
| 58 | 58 | | suspected imminent threat to life or safety and is limited to that purpose. 14 |
|---|
| 59 | 59 | | (b) Within seventy-two (72) hours of activating and/or accessing, or requesting activation 15 |
|---|
| 60 | 60 | | and/or access by a third party other than the student's parent or legal guardian, to the audio or video 16 |
|---|
| 61 | 61 | | receiving, transmitting, or recording functions on a student's institutional device or personal device 17 |
|---|
| 62 | 62 | | pursuant to subsection (a)(3) of this section, the educational institution or school district shall 18 |
|---|
| 63 | 63 | | provide to the student and their parent or legal guardian a written explanation of the precise threat 19 |
|---|
| 64 | 64 | | that prompted the access and the data and features that were activated and/or accessed. 20 |
|---|
| 65 | 65 | | (c) No third party, other than a student's parent or legal guardian, shall activate or access 21 |
|---|
| 66 | 66 | | any audio or video receiving, transmitting, or recording functions on a student's institutional device 22 |
|---|
| 67 | 67 | | or personal device for any reason other than those provided in subsection (a) of this section. Within 23 |
|---|
| 68 | 68 | | seventy-two (72) hours of activating and/or accessing such functions pursuant to subsection (a)(3) 24 |
|---|
| 69 | 69 | | of this section, the third party shall provide to the educational institution or school district a written 25 |
|---|
| 70 | 70 | | explanation of the precise threat that prompted the access and the data and features that were 26 |
|---|
| 71 | 71 | | activated and/or accessed. 27 |
|---|
| 72 | 72 | | (d) Within seventy-two (72) hours of receiving information pursuant to subsection (c) of 28 |
|---|
| 73 | 73 | | this section, the educational institution or school district shall forward the explanation to the student 29 |
|---|
| 74 | 74 | | and their parent or legal guardian. 30 |
|---|
| 75 | 75 | | 16-117-3. Restricted access to location data. 31 |
|---|
| 76 | 76 | | (a) No educational institution or school district may access or use location data for tracking 32 |
|---|
| 77 | 77 | | a student's institutional device or personal device, or request a third party other than a student's 33 |
|---|
| 78 | 78 | | parent or legal guardian, to do so, unless: 34 |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 82 | 82 | | (1) Such access or use is ordered pursuant to a judicial warrant; 1 |
|---|
| 83 | 83 | | (2) The student to whom the institutional device was provided, or their parent or legal 2 |
|---|
| 84 | 84 | | guardian, has notified the educational institution or school district in writing that the institutional 3 |
|---|
| 85 | 85 | | device is missing or stolen, or the device has not been returned when required for inventory 4 |
|---|
| 86 | 86 | | purposes; 5 |
|---|
| 87 | 87 | | (3) The access or use is deemed reasonably necessary in order to respond to a suspected 6 |
|---|
| 88 | 88 | | imminent threat to life or safety and is limited to that purpose; or 7 |
|---|
| 89 | 89 | | (4) The data is retrieved in a de-identified manner and is used only to determine whether 8 |
|---|
| 90 | 90 | | the device is on-site or off-site. 9 |
|---|
| 91 | 91 | | (b) Within seventy-two (72) hours of accessing or using, or requesting a third party other 10 |
|---|
| 92 | 92 | | than a student's parent or legal guardian to access or use, the location data for a student's 11 |
|---|
| 93 | 93 | | institutional device or personal device pursuant to subsection (a)(3) of this section, the educational 12 |
|---|
| 94 | 94 | | institution or school district shall provide to the student and their parent or legal guardian a written 13 |
|---|
| 95 | 95 | | explanation of the precise threat that prompted the access or use and the data and features that were 14 |
|---|
| 96 | 96 | | accessed or used. 15 |
|---|
| 97 | 97 | | 16-117-4. Authority to adopt policies. 16 |
|---|
| 98 | 98 | | School districts shall have the authority to adopt policies to further implement this chapter. 17 |
|---|
| 99 | 99 | | 16-117-5. Penalties. 18 |
|---|
| 100 | 100 | | (a) In any civil action alleging a violation or proposed violation of this chapter, the court 19 |
|---|
| 101 | 101 | | may award to a prevailing plaintiff appropriate injunctive and declaratory relief, damages, and 20 |
|---|
| 102 | 102 | | reasonable attorneys' fees and costs. 21 |
|---|
| 103 | 103 | | (b) The rights provided a parent or legal guardian under this chapter shall accrue to any 22 |
|---|
| 104 | 104 | | student who is eighteen (18) years of age or older. 23 |
|---|