Bill > HB2513

This bill establishes new protections for student privacy concerning electronic data, aiming to go beyond existing federal laws like the Family Educational Rights and Privacy Act (FERPA). It defines key terms such as "personally identifiable student information" (which includes names, addresses, photos, and indirect identifiers like student numbers or email addresses), "educational institution," and "student information system" (software used to manage student data). The bill mandates that contracts with "student information system providers" (companies that provide this software) must include strong security measures, acknowledge that student data is not the provider's property, outline procedures for data breaches, and require the permanent deletion of data upon contract termination unless an "opt-in agreement" is in place. Crucially, these providers are prohibited from analyzing, sharing, or selling student data unless specifically permitted by an "opt-in agreement," which requires explicit, written consent from a student or their parent/guardian detailing the specific data, purpose, and recipient, or for limited contractual obligations, educational purposes, or to safeguard student health and safety. The bill also sets strict rules for "one-to-one programs," where devices are provided to students, limiting access to device data, location tracking, and audio/video functions unless authorized by an "opt-in agreement," a judicial warrant, or in cases of imminent threat to life or safety, with specific notification requirements. It also clarifies that personal technological devices owned by students have stronger privacy protections, with searches only permitted under specific circumstances and with parental notification, and that any evidence obtained in violation of these privacy rules is inadmissible in legal proceedings.