Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0232 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- S 0232
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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: Senators Valverde, Gallo, Zurier, DiMario, McKenney, Mack, Quezada,
17	17	Murray, Appollonio, and Bell
18	18	Date Introduced: February 13, 2025
19	19	Referred To: Senate Education
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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
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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
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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
105	105	SECTION 2. This act shall take effect on August 1, 2025. 24
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112	112	EXPLANATION
113	113	BY THE LEGISLATIVE COUNCIL
114	114	OF
115	115	A N A C T
116	116	RELATING TO EDUCATION -- STUDENT COMPUTE R DEVICE PRIVACY
117	117	***
118	118	This act would prohibit an educational institution or school district from accessing any 1
119	119	audio or video recording, transmitting or recording function on a student's institutional or personal 2
120	120	device or using location data for tracking a student's institutional device or personal device, or allow 3
121	121	a third party to do so, except in limited circumstances. 4
122	122	This act would take effect on August 1, 2025. 5
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