| 1 | 1 | | 2025 SESSION |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | INTRODUCED |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 25100862D |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | HOUSE BILL NO. 1840 |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | Offered January 8, 2025 |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Prefiled January 6, 2025 |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | A BILL to amend the Code of Virginia by adding a section numbered 22.1-23.6, relating to Department of Education; school boards; student online activity; data collection, monitoring, and restrictions. |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | PatronOates |
|---|
| 18 | 18 | | |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | Committee Referral Pending |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | |
|---|
| 25 | 25 | | Be it enacted by the General Assembly of Virginia: |
|---|
| 26 | 26 | | |
|---|
| 27 | 27 | | 1. That the Code of Virginia is amended by adding a section numbered 22.1-23.6 as follows: |
|---|
| 28 | 28 | | |
|---|
| 29 | 29 | | 22.1-23.6. Student online activity; data collection, monitoring, and restrictions. |
|---|
| 30 | 30 | | |
|---|
| 31 | 31 | | A. As used in this section: |
|---|
| 32 | 32 | | |
|---|
| 33 | 33 | | "Collected" means gathered and maintained, regardless of method or format, for the purpose of review. |
|---|
| 34 | 34 | | |
|---|
| 35 | 35 | | "Student online activity data" means metadata collected on students' online activity, including search engine queries, browsing history, emails, messages, social media content, and any nonacademic content collected from school-issued computers. "Student online activity data" does not include academic performance data collected by the school division or data collected by nonprofit providers of college and career assessments, programs, and services. |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | B. The Department shall establish reporting expectations for school divisions that collect student online activity data. If no school within a school division collects student online activity data, the school board shall submit written documentation to the Department stating that no school within the school division collects student online activity data to satisfy such reporting expectations. If any school within a school division collects student online activity data, the school board shall adhere to the following student online activity data collection requirements: |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | 1. Disclose to the parents (i) what student online activity is tracked and monitored when using school devices on school property; (ii) what student online activity data is being collected when using school devices; (iii) what student online activity or student online activity data would create an alert and how the alert will be acted on if identified, what action will be taken based on the alert, who will be contacted as a result of the alert, and with whom the alert data will be shared; and (iv) what student online activity or associated student online activity data is added to a student's permanent record; |
|---|
| 40 | 40 | | |
|---|
| 41 | 41 | | 2. Include in the school division's acceptable use policy for the Internet required pursuant to 22.1-70.2 that student online activity is being tracked and associated student online activity data is collected; |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | 3. As available to the school division, provide the parents of an enrolled student with the ability to access any student online activity data for such student that is collected by the school board, school division, or school, or any school board, school division, or school employee; |
|---|
| 44 | 44 | | |
|---|
| 45 | 45 | | 4. Notify the parents of an enrolled student after an alert is created or action is taken based on the online activity of such student or associated student online activity data but before the student is notified of such alert or action, unless such a parental notification creates a significant concern for the safety of such student; and |
|---|
| 46 | 46 | | |
|---|
| 47 | 47 | | 5. Prohibit the inclusion of student online activity data in a student's permanent record except in the most severe cases, as defined, set forth, and made publicly available by the Department in a guidance document. |
|---|
| 48 | 48 | | |
|---|
| 49 | 49 | | C. The Department shall design and distribute, to each school board, a template that each such school board may use to make the disclosures to parents that are required pursuant to subdivision B 1 and also disclose (i) at what times of the day student online activity is tracked or monitored or associated student online activity data is collected, (ii) who receives such data, and (iii) when and with whom such data is shared. |
|---|
| 50 | 50 | | |
|---|
| 51 | 51 | | D. The Board shall create and distribute to each school board best practices for deleting student online activity data. |
|---|