SB 264 — Student online activity data; definition, data collection, monitoring and restrictions.

SESSION INTRODUCEDSENATE 24104680DSUBSTITUTE I24106244D SENATE BILL NO.

264 OfferedAMENDMENT JanuaryIN 10,THE 2024NATURE NOF PrefiledA JanuarySUBSTITUTE 9,(Proposed 2024by Tthe Senate Committee on Education and Health on February 1, 2024) (Patron Prior to Substitute––Senator Craig) A Bof Education;

data collection, monitoring, and restrRctions.restrictions.

–––––––––– Patron––Craig O –––––––––– D Referred to Committee on Education and Health –––––––––– U Be it enacted by the General Assembly of Virginia:

C 1.

§ 22.1-23.4.

Student online activity;

data collection, monitoring, and restrictions.

As used in this section,section: "collected" means gathered and maintained, regardless of method or format, for the purpose of review.

Dreview.lected" B.means gathered and maintained, regardless of method or format, for the purpose of "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.

The"Student Departmentonline shallactivity establishdata" reportingdoes expectationsnot andinclude eachacademic schoolperformance boarddata shallcollected adhereby to the followingschool division or data collectioncollected requirements:by nonprofit providers of cNllege andB.

1.The Department shall establish reporting expectations for school divisions that collect student online activity data.

DiscloseIf tono theschool parentswithin (i)a whatschool division collects student online activity isdaAa, trackedthe andschool monitoredboard whenshall usingsubmit schoolwritten ordocumentation personalto devicesthe onDepartment stating that no school property;within the school division collects student online activity data to satisfy such reporting expectations.

(ii)If whatany datasThool onwithin a school division collects student online activity isdata, beingthe collectedschool whenboard usingshall schooladhere orto personalthe devices;following stu1.

(iii)Disclose whatto student online activity or data would create an alert and how the alertparents will(i) be acted on if identified, what action will be taken based on the alert, what student online activity oris datatracked onand suchmonitored activitywhen isusing addedschool todevices aon student'sschool permanentproperty; record;d (iv) 2.

Obtain(ii) consentwhat from parents to monitor or track student online activity or collect data onis suchbeing activity,collected or both, when using school ordevices; personal devices on school property;

6(iii) 3.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,Swho will be contacted as a result of the alert, and with whom the alert data will be shared;

Provideand a(iv) regularlywhat appearing notification on monitored school devices that student onlineonl2. activity is being tracked and data on such activity is collected and a notification each time a student's online activity is tracked, monitored, or collected when using a personal device on school property;

4.Include in the school division's acceptable use policy for the Internet required pursuant tod;

Provide§ the22.1-70.2 parentsthat of each enrolled student withonline theactivity abilityis tobeing accesstracked anyand dataassociated onstudent the online activity ofdata such student that is collectedcollected; by the school board or any school board employee;

theS online3. activity of such student or the data on such activity 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;

6.As available to the school division, provide the parents of an enrolled student with the ability to 35 access any student online activity data for such student that is collected by the school board, school 37 div4.

ExceptNotify asthe otherwiseparents providedof inan subdivisionenrolled 7,student deleteafter allan dataalert is created or action is taken based on the / 38 online activity of such student or associated student online activity withindata 90but :before the studeTt is notified / 39 of such alert or action, unless such a parental notification creates a significant concern for the safety of 40 such student;

35and daysU of5. its collection;

36Prohibit 7.the inclusion of student online activity data in a student's permanent record exTept in the document.re cases, as defined, set forth, and made publicly available by the Department in a guEdance C.

ProhibitThe theDepartment inclusionshall ofdesign dataand ondistribute, studentto onlineeach activityschool inboard, a student'stemplate permanentthat recordeach exceptsuch inschool 37board may use to make the mostdisclosures severeto cases,parents asthat defined,are setrequired forth,pursuant to subdivision B 1 and madealso publiclydisclose available(i) byat what times of the Departmentday instudent aonline 38activity guidanceis document,tracked inor whichmonitored caseor suchassociated student online activity data mayis becollected, preserved(ii) forwho morereceives thansuch 90data, daysand after(iii) itswhen col8.and with whoD.

SetThe theBoard mostshall restrictivecreate age-appropriateand limitsdistribute on student access to socialeach mediaschool platforms,board YouTubebest andpractices otherfor videodeleting platforms,student andonline searchactivity enginesdata. and other search features on school devices;

andS 9.4 1

Permit the parents of each enrolled student to waive such limits for their child by submitting a written request to the school division.

C.

The Department shall design and distribute, to each school board, a template that each such school board shall use to:

1.

Make the disclosures to parents that are required pursuant to clause (i) of subdivision B 1 and activity is collected, (ii) who receives such data, and (iii) when and with whom such data is shared;

andh 2.

Permit the parents of each enrolled student to opt their child out of any student online activity tracking or monitoring or the collection of any data on such activity.