Law prevents ‘technology providers’ from using devices to access public school student data

Technology providers will be prohibited from selling or disseminating educational data on public school students and from using it for commercial purposes.

A technology provider is defined in the law as a person who provides a school-issued device for student use and through the device’s hardware or software, creates, receives, or maintains educational data on students in public schools and educational agencies or institutions.

Schools will be required to notify parents and students of contracts with technology providers regarding curriculum, testing, or assessment and provide the parent or student an opportunity to inspect the contracts.

With few exceptions, the law prohibits a technology provider, school district, or other government entity from electronically accessing or monitoring:

• any location-tracking feature of a school-issued device;

• any audio or visual receiving, transmitting, or recording feature of a school-issued device; and

• student interactions with a school-issued device, including but not limited to keystrokes and web-browsing activity.

Some exceptions include when:

• sharing data is permitted under a judicial warrant;

• sharing data is necessary to respond to an imminent threat to life or safety and the access is limited to that purpose; and

• a public educational agency or institution is notified or becomes aware that the school-issued device is missing or stolen.

The law does not apply to postsecondary schools or private schools.

Rep. Sandra Feist (DFL-New Brighton) and Sen. Warren Limmer (R-Maple Grove) sponsor the law, which takes effect with the 2022-23 school year.

HF2353*/SF2429/CH69

HF2353* / SF2429 / CH69