By: Hull, Capriglione, Slawson, Lozano, H.B. No. 2673
A. Johnson of Harris
A BILL TO BE ENTITLED
AN ACT
relating to requirements for the use and transfer of electronic
devices to students by a public school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter C, Chapter 32,
Education Code, is amended to read as follows:
SUBCHAPTER C. TRANSFER OF DATA PROCESSING EQUIPMENT AND ELECTRONIC
DEVICES TO STUDENTS
SECTION 2. Section 32.101, Education Code, is amended to
read as follows:
Sec. 32.101. DEFINITIONS [DEFINITION]. In this subchapter:
(1) "Data [,"data] processing" has the meaning
assigned by Section 2054.003, Government Code.
(2) "Electronic device" means a device that is capable
of connecting to a cellular network or the Internet, including:
(A) a computer;
(B) a smartphone; or
(C) a tablet.
(3) "Internet filter" means a software application
that is capable of preventing an electronic device from accessing
certain websites or displaying certain online material.
SECTION 3. Subchapter C, Chapter 32, Education Code, is
amended by adding Section 32.1021 to read as follows:
Sec. 32.1021. STANDARDS. The agency shall adopt standards
for permissible electronic devices and software applications used
by a school district or open-enrollment charter school. In adopting
the standards, the agency must:
(1) minimize data collection conducted on students
through electronic devices and software applications;
(2) ensure direct and informed parental consent is
required for a student's use of a software application, other than a
software application necessary for the administration of:
(A) an assessment instrument under Subchapter B,
Chapter 39; or
(B) an assessment relating to college, career, or
military readiness for which student performance is considered in
evaluating a school district's performance under Section 39.054;
(3) ensure software applications do not conduct mental
health assessments or other assessments unrelated to educational
curricula that are intended to collect information about students
without direct and informed parental consent;
(4) ensure that parents are provided the resources
necessary to understand cybersecurity risks and online safety
regarding their child's use of electronic devices in advance of the
child's use of those devices at the child's school;
(5) specify periods of time during which an electronic
device transferred to a student must be deactivated in the interest
of student safety;
(6) consider necessary adjustments by age level to the
use of electronic devices in the classroom to foster development of
students' abilities regarding spending school time and completing
assignments without the use of an electronic device;
(7) consider appropriate restrictions on student
access to social media websites or applications with an electronic
device transferred to a student by a district or school;
(8) require a district or school, before using a
social media application for an educational purpose, to determine
that an alternative application that is more secure and provides
the same educational functionality as the social media application
is unavailable for that educational purpose;
(9) consider the required use of an Internet filter
capable of notifying appropriate school administrators, who are
then required to notify the student's parent, if a student accesses
inappropriate or concerning content or words, including content
related to:
(A) self-harm;
(B) suicide;
(C) violence to others; or
(D) illicit drugs;
(10) assign to the appropriate officer of a district
or school the duty to receive complaints or concerns regarding
student use of electronic devices, including cybersecurity and
online safety concerns, from district or school staff, other
students, or parents; and
(11) provide methods by which a district or school may
ensure an operator, as that term is defined by Section 32.151, that
contracts with the district or school to provide software
applications complies with Subchapter D, Chapter 32.
SECTION 4. Section 32.104, Education Code, is amended to
read as follows:
Sec. 32.104. REQUIREMENTS FOR TRANSFER. Before
transferring data processing equipment or an electronic device to a
student, a school district or open-enrollment charter school must:
(1) adopt rules governing transfers under this
subchapter, including provisions for technical assistance to the
student by the district or school;
(2) determine that the transfer serves a public
purpose and benefits the district or school; [and]
(3) remove from the equipment any offensive,
confidential, or proprietary information, as determined by the
district or school;
(4) adopt rules establishing programs promoting
parents as partners in cybersecurity and online safety that involve
parents in students' use of transferred equipment or electronic
devices; and
(5) for the transfer of an electronic device to be used
for an educational purpose, install an Internet filter that blocks
and prohibits pornographic or obscene materials or applications,
including from unsolicited pop-ups, installations, and downloads.
SECTION 5. This Act applies beginning with the 2023-2024
school year.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.