2022 -- S 2436 | |
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LC005208 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO EDUCATION -- STUDENT COMPUTER DEVICE PRIVACY | |
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Introduced By: Senators Seveney, DiMario, Valverde, and DiPalma | |
Date Introduced: March 01, 2022 | |
Referred To: Senate Education | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by |
2 | adding thereto the following chapter: |
3 | CHAPTER 112 |
4 | STUDENT COMPUTER DEVICE PRIVACY |
5 | 16-112-1. Definitions. |
6 | As used in this chapter, the following words and terms shall have the following meanings: |
7 | (1) "De-identified" means data from which all personally-identifiable information has been |
8 | removed. |
9 | (2) "Educational institution" or "school" means any public institution that offers |
10 | participants, students, or trainees an organized course of study or training that is academic, trade |
11 | oriented or preparatory for gainful employment in a recognized occupation and shall include any |
12 | person acting as an agent of the institution. |
13 | (3) "Institutional device" means any computing device, including a computer, laptop, |
14 | tablet, smartphone or other electronic device owned or maintained by the educational institution or |
15 | school district and provided to a student for educational use. |
16 | (4) "Location data" means records of a global positioning service or other precise location |
17 | data either recorded historically or in real time. |
18 | (5) "Personal device" means any computing device, including a computer, laptop, tablet, |
19 | smartphone or other electronic device provided by the end user for educational use. |
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1 | (6) "School district" means any local education agency and shall include any person acting |
2 | as an agent of the agency. |
3 | (7) "Student" means any student, participant, or trainee, whether full-time or part-time, in |
4 | an organized course of study at an educational institution. |
5 | 16-112-2. Restricted access to audio and video functions. |
6 | (a) No educational institution or school district shall activate or access, or allow a third |
7 | party to activate or access, any audio or video receiving, transmitting, or recording functions on a |
8 | student's institutional device or personal device, unless: |
9 | (1) A student initiates the activation for educational purposes and access is limited to that |
10 | purpose; |
11 | (2) The activation or access is ordered pursuant to a judicial warrant; or |
12 | (3) The activation or access is necessary in response to an imminent threat to life or safety |
13 | and is limited to that purpose. |
14 | (b) Within seventy-two (72) hours of activating or accessing, or allowing third party |
15 | activation or access to, the audio or video receiving, transmitting, or recording functions on a |
16 | student’s institutional device or personal device pursuant to subsection (a)(3) of this section, the |
17 | educational institution or school district shall provide the student and their parent or legal guardian |
18 | with a written explanation of the precise threat that prompted the access and the data and features |
19 | that were activated or accessed. |
20 | 16-112-3. Restricted access to location data. |
21 | (a) No educational institution or school district may access or use location data for tracking |
22 | a student's institutional device or personal device, or allow a third party to do so, unless: |
23 | (1) Such access or use is ordered pursuant to a judicial warrant; |
24 | (2) The student to whom the institutional device was provided, or their parent or legal |
25 | guardian, has notified the educational institution or school district in writing that the institutional |
26 | device is missing or stolen, or the device has not been returned when required for inventory |
27 | purposes; |
28 | (3) The access or use is necessary in response to an imminent threat to life or safety and is |
29 | limited to that purpose; or |
30 | (4) The data is retrieved in a de-identified manner and is used only to determine whether |
31 | the device is on-site or off-site. |
32 | (b) Within seventy-two (72) hours of accessing or using, or allowing a third party to access |
33 | or use, the location data for a student's institutional device or personal device pursuant to subsection |
34 | (a)(3) of this section, the educational institution or school district shall provide the student and their |
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1 | parent or legal guardian with a written explanation of the precise threat that prompted the access or |
2 | use and the data and features that were accessed or used. |
3 | 16-112-4. Authority to adopt policies. |
4 | School districts shall have the authority to adopt policies to further implement this chapter. |
5 | 16-112-5. Penalties. |
6 | (a) In any civil action alleging a violation of this chapter, the court may: |
7 | (1) Award to a prevailing applicant or student, declaratory relief, damages, and reasonable |
8 | attorneys' fees and costs; and |
9 | (2) Award injunctive relief against any school or agent of any educational institution that |
10 | commits or proposes to commit a violation of this chapter. |
11 | (b) The rights provided a parent or legal guardian under this chapter shall accrue to any |
12 | student who is eighteen (18) years of age or older. |
13 | SECTION 2. This act shall take effect on August 1, 2022. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO EDUCATION -- STUDENT COMPUTER DEVICE PRIVACY | |
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1 | This act would establish student privacy rights with regard to institutional or personal |
2 | technology devices and would establish the process and criteria that school officials must follow to |
3 | access a student's technology device. The act would also provide penalties for failure to follow the |
4 | restrictions in the form of a civil action and/or injunctive relief. |
5 | This act would take effect on August 1, 2022. |
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