“A bill to improve student privacy, parental choice, and personalized learning innovation in education.”
No CRS summary available for this bill.
This section defines the following terms for purposes of the Act: (1) elementary school, local educational agency, parent, secondary school, and State educational agency, having the meanings given those terms in the Elementary and Secondary Education Act of 1965 (ESEA); (2) artificial intelligence, having the meaning given the term in the National Artificial Intelligence Initiative Act of 2020; (3) directory information, having the meaning given the term in the Family Educational Rights and Privacy Act of 1974 (FERPA); (4) educational agency or institution, having the meaning given that term in FERPA; (5) educational technology as physical or virtual products or services that support or facilitate learning and improve educational performance, excluding curriculum; (6) eligible student as a student who has attained 18 years of age or is attending an institution of postsecondary education; (7) instant verification technology as a system or software, or network thereof, that provides real-time notifications to parents or eligible students regarding activities requiring consent (including educational technology use during enrollment), enables real-time consent or opt-out through an easy-to-use multi-device interface, and records consents securely; (8) personalized learning as an educational approach that tailors instruction, content, pacing, and learning environments to individual student needs, abilities, and interests, typically using technology including artificial intelligence and adaptive learning systems; and (9) Secretary as the Secretary of Education (or cabinet-level designee).
This section establishes a voluntary "Golden Seal of Excellence in Student Data Privacy" certification program administered by state educational agencies (SEAs) for eligible recipients—elementary schools, secondary schools, and local educational agencies (LEAs) subject to the Family Educational Rights and Privacy Act (FERPA; 20 U.S.C. 1232g)—that implement exemplary parental notification systems using instant verification technology for consent on educational technology data practices, funded by existing resources. The Secretary of Education must finalize the Seal's process and requirements within 180 days of enactment, in consultation with states and LEAs. Qualified recipients must (1) have no FERPA violations in the prior 5 years; (2) maintain for at least one academic year an instant verification system providing case-by-case notifications on specific educational technology (including purpose, data practices, and opt-out options), collecting consent year-round, and enabling opt-outs of directory information release; and (3) convene meetings with parents and eligible students if a majority deny consent for given technology. Participating SEAs review applications on a rolling basis, award Seals valid for 5 years (renewable upon requalification in the fifth year), maintain public records of recipients, and submit annual reports to the Secretary on awards; SEAs must begin accepting applications within 12 months after the Secretary finalizes requirements.
This section revises the directory information provisions of the Family Educational Rights and Privacy Act (FERPA)—which permits release of non-confidential student information such as name, address, and phone number without parental consent if an opt-out opportunity is provided—to condition federal funding on educational agencies and institutions meeting new parental opt-out requirements prior to public disclosure or access. Those requirements are (1) legible, accessible public notice, including online, specifying designated directory information categories per student, parental opt-out rights for some or all categories, and an easily legible opt-out form completable in no more than 5 minutes by the average adult; (2) a reasonable period after notice for parents to submit the form; and (3) year-round accessibility of the form on multiple digital devices, including mobile phones (Thus, simplifying prior opt-out procedures to enhance parental control). The changes take effect one year after enactment.
This section amends the Family Educational Rights and Privacy Act (FERPA) to condition federal funding for educational agencies or institutions on prohibiting (1) use of student photographs for training facial recognition systems, including those using artificial intelligence, without prior parental consent; (2) business with yearbook production companies using facial recognition technology unless they disclose such use and obtain parental consent; and (3) business with yearbook production companies that sell data collected during yearbook creation or processing. (FERPA protects the privacy of student education records by generally requiring parental consent for disclosures and conditioning federal education funding on compliance.) The amendments take effect one year after enactment.
This section revises the definition of "education records" under the Family Educational Rights and Privacy Act (FERPA, which protects the privacy of student records by granting parents and eligible students rights to inspect, amend, and consent to disclosures of such records) to mean any data or materials containing information related to a student—including on academic performance, attendance, health, and discipline—maintained by an educational agency or institution or by an entity acting for or in coordination with such agency or institution (previously, records containing information directly related to a student maintained by such agency or institution or by a person acting for it). The revision takes effect one year after enactment.
This section amends the Family Educational Rights and Privacy Act (FERPA) by adding subsection (m) to establish requirements for "covered contracts" (i.e., privacy policies in contracts between educational agencies or institutions and third parties for educational technology involving student education records or personally identifiable information, including directory information). Those requirements condition federal funds on (1) public availability of each covered contract for at least two weeks prior to execution; (2) third-party certification of compliance with student data privacy laws, including consent requirements for education records; and (3) third-party agreement to Secretary investigations of alleged violations and, if confirmed, public listing of non-compliant parties for five years. The section further directs the Secretary of Education to develop a model student data privacy agreement for such contracts (in consultation with stakeholders) and, not later than two years after enactment, a public online resource listing violating third parties (with a six-month appeal process and removal upon remediation). The amendment made by subsection (a) takes effect one year after enactment.
This section establishes a Privacy Technical Assistance Center (referred to as the "Center"), to be created by the Secretary of Education not later than 6 months after enactment, to assist educational agencies and institutions, state educational agencies, and educational technology providers in complying with federal privacy laws applicable to education records and confidential data, including the Family Educational Rights and Privacy Act (FERPA; 20 U.S.C. 1232g)—which conditions federal funding on parental rights to inspect and review student education records—and the Protection of Pupil Rights Amendment (PPRA; 20 U.S.C. 1232h), collectively termed "covered requirements." The section further directs the Center to approve voluntary safe harbor programs operated by independent organizations that meet specified criteria—(1) standards and controls at least as protective of student privacy, parental rights, and data security as the covered requirements; (2) mechanisms for certification, monitoring, and independent assessments; (3) remedies such as notice, consent, opt-out, and data practices; (4) a complaints process; and (5) disciplinary measures including suspension or termination—within 180 days of application, with publication of criteria and decisions online and possible conditioning on modifications. Participation in good standing in an approved program presumes compliance with covered requirements for covered practices (serving as an affirmative defense), subject to Center revocation or suspension with 30 days' notice and wind-down provisions; however, it does not limit the Secretary's enforcement authority and creates no private right of action.
This section directs the Secretary of Education, in coordination with the Institute of Education Sciences, to develop resources and training guides for elementary and secondary school teachers on integrating artificial intelligence technologies into instruction, including methods to protect student data privacy. The section further amends clause (i) of section 2103(b)(3)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(b)(3)(E)(i))—an allowable activity under local teacher and principal training subgrants—to require effective integration of existing and emerging technology into curricula and instruction, including education on using artificial intelligence to enhance personalized learning and the harms of copyright piracy and improper student use of artificial intelligence.
This section directs the Secretary, not later than 180 days after the date of enactment, to prioritize educational artificial intelligence research and development for personalized learning technologies within the Small Business Innovation Research Program (SBIR). In awarding SBIR grants, contracts, or cooperative agreements, the Secretary must give priority to proposals that (1) incorporate artificial intelligence into education without reducing or inhibiting students’ critical thinking skills and (2) meet two or more of the following criteria: (A) enhance personalized learning by adapting to individual student needs, improving achievement, and addressing learning gaps; (B) make AI technologies accessible to all students, including those with special education needs; (C) incorporate cutting-edge computational techniques for innovative tutoring solutions; and (D) demonstrate a strategy for classroom integration, including teacher training and compatibility with existing tools and curricula.