,,ii #aaith ,,congress #ast ,session ,s4 #cjfc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bh1 #bjbe ,mr4 ,cassidy introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to improve student privacy1 parental choice1 and personalized learning innovation in education4 #a4 ,short title ,this ,act may be cited as the ,learning ,innovation and ,family ,empowerment with ,,ai ,act or the ,,life with ,,ai ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,,esea ,terms ,the terms elementary school1 local educational agency1 parent1 secondary school1 and ,state educational agency have the meanings give those terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,artificial intelligence ,the term artificial intelligence has the meaning given the term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#c7 ,directory information ,the term directory information has the meaning given the term in section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g2 commonly referred to as the #8,family ,educational ,rights and ,privacy ,act of #aigd'74 7#d7 ,educational agency or institution ,the term educational agency or institution has the meaning given that term in section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g2 commonly referred to as the #8,family ,educational ,rights and ,privacy ,act of #aigd'74 7#e7 ,educational technology ,the term educational technology means physical or virtual products or services that support or facilitate learning and improve educational performance1 but does not include curriculum4 7#f7 ,eligible student ,the term eligible student means a student who has attained #ah years of age1 or is attending an institution of postsecondary education4 7#g7 ,instant verification technology ,the term instant verification technology means a system or software application1 or a network of systems and software1 that-- 7,a7 provide real-time notifications to parents of students or to eligible students1 as applicable1 regarding activities that require the consent of such parents or eligible students1 including in the use of educational technology during enrollment2 7,b7 enable parents or eligible students1 as applicable1 to provide or withhold such consent in real-time in an easy-to-use interface accessible on multiple devices1 including smartphones1 tablets1 and computers2 and 7,c7 incorporate features for recording parental or eligible student consent or opt-outs while handling student and parental data in a secure and privacy-protective manner4 7#h7 ,personalized learning ,the term personalized learning means an educational approach that tailors instruction1 content1 pacing1 and learning environments to the individual needs1 abilities1 and interests of each student1 usually using specific technology1 including artificial intelligence and adaptive learning systems1 to provide such customized educational experiences4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,education1 or such cabinet-level official as may be designated by law to carry out the functions vested in the ,secretary of ,education as of the date of enactment of this ,act4 #c4 ,improving ,parental ,notification and ,consent for ,educational ,technology 7a7 ,eligible recipient ,in this section1 the term eligible recipient means any of the following entities to which the requirements of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g2 commonly referred to as the #8,family ,educational ,rights and ,privacy ,act of #aigd'7 applies3 7#a7 ,an elementary school4 7#b7 ,a secondary school4 7#c7 ,a local educational agency4 7b7 ,establishment of the ,seal of ,excellence 7#a7 ,design of the ,seal 7,a7 ,in ,general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall finalize the process and requirements for the award of a certification1 to be known as the ,golden ,seal of ,excellence in ,student ,data ,privacy 7referred to in this section as the ,seal7 to recognize eligible recipients that implement exemplary parental notification systems that-- 7i7 use instant verification technology for consent gathering and validation2 and 7ii7 are purchased through funds already available to eligible recipients4 7,b7 ,consultation ,the ,secretary shall establish the process and requirements for the award of the ,seal in accordance with this section and in consultation with ,states and local educational agencies1 including by consulting about the appropriate use of opt-outs and minimizing instructional burdens on schools4 7,c7 ,purpose ,the ,seal shall serve as a mark of distinction1 indicating that the awardee has met the highest standards of student data privacy through proactive parental and eligible student engagement and consent management4 7#b7 ,qualifications ,an eligible recipient shall be qualified to receive the ,seal if the eligible recipient has-- 7,a7 not been found guilty of a violation of the requirements of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g2 commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd7 in the previous #e years2 7,b7 implemented and maintained an instant verification technology system for not less than #a academic year that-- 7i7 provides parental notifications and eligible student notifications1 as applicable1 on a case-by-case basis and where appropriate1 regarding the intent of the eligible recipient to use specific educational technology in the classroom2 7ii7 includes information about the purpose of using the specified educational technology1 the data collection practices of that educational technology1 and the alternative options for students upon parental or eligible student opt-out2 7iii7 is able to collect parental and eligible student consent1 as applicable1 throughout the academic year2 and 7iv7 offers an accessible1 user-friendly mechanism for parents or eligible students1 as applicable1 to opt-out of the release of some or all of a student's directory information2 and 7,c7 in the event that a given consent request receives a majority of denials from parents and eligible students in a given circumstance1 a process established by the eligible recipient for convening a meeting with parents and eligible students to discuss their concerns and reservations about the educational technology in question4 7c7 ,awarding of the ,seal 7#a7 ,state level administration 7,a7 ,in ,general ,a ,state educational agency may elect to participate in the program under this section and award the ,seal to qualified eligible recipients in accordance with paragraph 7#b74 7,b7 ,process ,state educational agencies that participate in the program under this section 7referred to in this section as participating ,state educational agencies7 shall establish and use the process described in paragraph 7#b71 by which eligible recipients may apply1 including by submitting documentation demonstrating compliance with the qualification criteria under subsection 7b77#b74 7#b7 ,application and review process 7,a7 ,application ,eligible recipients seeking the ,seal shall submit an application to the participating ,state educational agency of their respective ,state1 including-- 7i7 a description of the instant verification technology system implemented2 7ii7 evidence of parental and eligible student engagement and consent collection practices1 such as sample notifications1 consent forms1 and appropriate opt-out mechanisms2 and 7iii7 any additional information as may be required by the participating ,state educational agency to assess compliance with the qualification criteria under subsection 7b77#b74 7,b7 ,awards ,each participating ,state educational agency shall review each application on a rolling basis and award the ,seal to eligible recipients that meet or exceed such qualification criteria4 7#c7 ,expiration ,the ,seal shall expire after #e years1 unless a recipient submits and meets or surpasses the qualifications described under subsection 7b77#b7 again in the #eth year of holding the ,seal1 at which point the ,seal remains valid for another #e years4 7#d7 ,recognition and reporting 7,a7 ,record ,each participating ,state educational agency shall maintain a public record of all eligible recipients in the ,state that have been awarded the ,seal4 7,b7 ,report ,each participating ,state educational agency shall submit an annual report by the end of the ,state educational agency's fiscal year to the ,secretary providing the number of eligible recipients that have received the ,seal during the preceding fiscal year4 7d7 ,implementation timeline ,each ,state educational agency that desires to participate in the program under this section shall establish the application process and begin receiving applications for awarding the ,seal not later than #ab months after the ,secretary finalizes the process and requirements for the ,seal4 #d4 ,directory information opt-out simplification 7a7 ,in ,general ,section #ddd7;a77#e7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7a77#e72 commonly referred to as the #8,family ,educational ,rights and ,privacy ,act of #aigd'7 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 ,no funds shall be made available under any applicable program to any educational agency or institution that makes public directory information or allows access to directory information1 unless such agency or institution meets each of the following requirements3 7i7 ,provides legible1 accessible public notice1 including notice online on the agency or institution's website1 of-- 7,i7 the categories of information that it has designated as directory information with respect to each student attending the institution or agency2 7,,ii7 the rights of parents to opt-out of allowing the release of some or all of the student's directory information2 and 7,,iii7 the form necessary for such opt-out1 which shall be easily legible and not take longer than #e minutes for the average adult to complete4 7ii7 ,allow a reasonable period after such notice has been given for a parent to complete the form described in clause 7i77,,iii74 7iii7 ,ensure that the opt-out form described in clause 7i77,,iii7 shall be accessible year-round and available on multiple digital devices1 including mobile phones4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect #a year after the date of enactment of this ,act4 #e4 ,restricting use of facial recognition and student photo data in schools 7a7 ,prohibition on use of student photographs for facial recognition ,,ai ,section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g2 commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd7 is amended by adding at the end the following3 7k7 ,facial recognition technology ,no funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution prohibits-- 7#a7 the use of student photographs for training facial recognition systems1 including those using artificial intelligence1 without prior parental consent2 and 7#b7 doing business with a company that offers yearbook production services and uses facial recognition technology in the provision of such services1 unless that company discloses such use and obtains parental consent for the use of facial recognition technology4 7l7 ,yearbook production ,no funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution prohibits doing business with a company that offers yearbook production services that sells data collected during the creation or processing of a yearbook4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect #a year after the date of enactment of this ,act4 #f4 ,redefining an education record under ,,ferpa 7a7 ,education records ,paragraph 7#d7 of section #ddd7;a7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7a77#d77;,a72 commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd7 is amended to read as follows3 7#d7 7,a7 ,for purposes of this section1 the term education records means1 except as may be provided otherwise in subparagraph 7,b71 any data or materials which-- 7i7 contain information related to a student1 including data related to academic performance1 attendance1 health1 and discipline2 and 7ii7 are maintained by an educational agency or institution or by an entity acting for or in coordination with such agency or institution4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect #a year after the date of enactment of this ,act4 #g4 ,contracts with third parties regarding educational technology 7a7 ,,ferpa requirements for third-party contracts ,section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g2 commonly referred to as the #8,family ,educational ,rights and ,privacy ,act of #aigd'7 as amended by sections #d1 #e1 and #f1 is further amended by adding at the end the following3 7m7 ,contracts with third parties regarding educational technology 7#a7 ,covered contracts ,in this subsection1 the term covered contract means the privacy policy of any contract or agreement-- 7,a7 between an educational agency or institution and a third party2 and 7,b7 that pertains to educational technology 7as defined in section #b of the ,learning ,innovation and ,family ,empowerment with ,,ai ,act7 that involves education records1 or personally identifiable information contained therein1 including directory information4 7#b7 ,requirements for contracts ,no funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution-- 7,a7 makes publicly available1 for a period of not less than #b weeks prior to execution1 each covered contract that the agency or institution is considering executing2 7,b7 as part of each covered contract1 requires the third party to certify that the third party will ensure student data privacy and comply with all applicable privacy laws regarding student data1 including the consent requirements that apply to education records2 and 7,c7 as part of each covered contract1 requires the third party to agree that the third party-- 7i7 may be reported to the ,secretary if an educational agency or institution1 or a student1 alleges that the third party is not in compliance with the requirements described in subparagraph 7,b72 7ii7 may be investigated by the ,secretary to ascertain the veracity of such claim by an educational agency or institution or student2 and 7iii7 if the ,secretary determines1 after such an investigation1 that such third party is not in compliance with the requirements described in subparagraph 7,b71 will be included on a publicly available list created by the ,secretary of third parties that are not in compliance with such requirements for a period of #e years after the determination by the ,secretary1 as described in section #g7;c7 of the ,learning ,innovation and ,family ,empowerment with ,,ai ,act4 7#c7 ,rule of construction ,nothing in this subsection shall be construed to require that trade secrets or proprietary information of third parties be made public4 4 7b7 ,model privacy policies 7#a7 ,in ,general ,the ,secretary shall create a model student data privacy agreement for use by an educational agency or institution as part of a covered contract 7as defined in section #ddd7m7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7m772 commonly referred to as the #8,family ,educational ,rights and ,privacy ,act of #aigd'71 as added by subsection 7a74 ,the model shall promote clarity and consistency in student data privacy protections as part of covered contracts4 7#b7 ,development of model form ,the ,secretary and the ,privacy ,technical ,assistance ,center described in section #h shall partner with educational agencies and institutions1 education technology companies1 parents1 and relevant third parties to develop such a model agreement and may consider the ,student ,data ,privacy ,consortium's ,national ,data ,privacy ,agreement in developing such model4 7c7 ,public online resource for privacy violations 7#a7 ,creation of ,public ,online ,resource ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall develop and maintain a publicly accessible1 machine-readable online resource listing third parties that-- 7,a7 have executed a covered contract 7as defined in subsection 7m7 of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7m772 commonly referred to as the #8,family ,educational ,rights and ,privacy ,act of #aigd'71 as added by subsection 7a72 and 7,b7 the ,secretary has determined1 in accordance with paragraph 7#b77;,c7 of such subsection1 are in violation of the requirements described in paragraph 7#b77;,b7 of such subsection1 regarding student data privacy in covered contracts4 7#b7 ,appeal 7,a7 ,in ,general ,the ,secretary shall establish a process whereby third parties that are included in the list described in paragraph 7#a7 may appeal such listing4 7,b7 ,deadline for determination ,the ,secretary shall issue a determination about an appeal not later than #f months after an appeal has been submitted to the ,secretary4 7,c7 ,limitation on additional appeals ,after a determination of an appeal under subparagraph 7,b71 a third party shall not have another opportunity to appeal a determination under this subsection1 unless there was a change in a ,presidential administration between the date on which the third party submitted the initial request to appeal under this paragraph and the date on which such appeal determination under subparagraph 7,b7 was made4 7#c7 ,period of time 7,a7 ,in ,general ,subject to paragraph 7#b71 a third party shall remain on the list described in paragraph 7#a7 for a period of #e years after the date on which the third party was placed on that list1 unless the violation is remediated in accordance with subparagraph 7,b74 7,b7 ,remediation ,a third party shall be removed from the list described in paragraph 7#a7 when the ,secretary determines that the third party is no longer in violation of the requirements of subsection 7m7 of section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7m71 commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd71 as added by section #g4 ,the third party shall be removed from the list not later than #a week after the date of such a determination4 7d7 ,effective ,date ,the amendment made by subsection 7a7 shall take effect #a year after the date of enactment of this ,act4 #h4 ,support for reviewing educational technology 7a7 ,privacy technical assistance center 7#a7 ,center established ,not later than #f months after the date of enactment of this ,act1 the ,secretary shall establish and maintain a privacy technical assistance center 7referred to in this section as the ,center71 to build the capacity of educational agencies and institutions1 ,state educational agencies1 and other entities1 including education technology providers1 to protect the privacy of students1 families1 educators1 and other school professionals4 7#b7 ,covered requirements ,the ,center shall help such agencies1 institutions1 and other entities understand and satisfy their responsibilities under ,federal privacy laws1 including section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd7 and section #dde of such ,act 7#bj ,u4,s4,c4 #abcb;h2 commonly referred to as the ,protection of ,pupil ,rights ,amendment71 and other ,federal privacy laws applicable to education records and other confidential data1 which are collectively referred to in this section as covered requirements4 7b7 ,safe harbor provision 7#a7 ,in ,general ,in carrying out the purpose described in subsection 7a71 the ,center may approve #a or more voluntary safe harbor programs that meet the criteria described in paragraph 7#b7 7referred to in this section as an approved program7 that are operated by an independent organization4 ,such approved programs may provide safe harbor benefits described in paragraph 7#d7 for providers of educational technology that elect to participate in an approved program for the purpose of ensuring compliance with this ,act and the covered requirements4 7#b7 ,criteria for approval ,to be an approved program1 an organization shall-- 7,a7 provide standards and controls that are at least as protective of student privacy1 parental rights1 and data security as the covered requirements2 7,b7 include mechanisms for initial certification1 ongoing monitoring1 and periodic independent assessments of participants2 7,c7 require timely consumer- and school-facing remedies1 including clear notice1 accessible consent and opt-out pathways1 and data minimization1 retention1 and security practices2 7,d7 establish a process to receive1 investigate1 and resolve complaints from parents1 eligible students1 schools1 and ,state educational agencies2 and 7,e7 provide for meaningful disciplinary measures1 including suspension or termination from the approved program1 for material noncompliance4 7#c7 ,application and approval 7,a7 ,in ,general ,an operator of a prospective approved program shall submit to the ,center an application describing how the program satisfies the requirements described in paragraph 7#b74 7,b7 ,time for approval ,the ,center shall approve or deny such an application not later than #ahj days after receipt of the application4 7,c7 ,publication of criteria and decisions ,the ,center shall publish approval criteria and approval decisions relating to approved programs and prospective approved programs on a public website4 7,d7 ,conditions ,the ,center may condition approval of a prospective approved program on modifications necessary to establish that participating providers of educational technology ensure parity with1 or greater protection than1 the covered requirements4 7#d7 ,effect of safe harbor ,subject to paragraph 7#f71 a provider of educational technology that is a participant in good standing in an approved program and in material compliance with that program's requirements shall be presumed to satisfy the covered requirements with respect to the practices subject to that approved program1 unless the ,center determines1 after notice and an opportunity to respond1 that the approved program or participating provider of educational technology is materially deficient4 7#e7 ,maintenance of approved programs ,the ,center may revoke or suspend an approved program's approval upon a finding1 after notice and opportunity to respond1 that the program no longer satisfies the requirements of paragraph 7#b74 ,revocation or suspension shall be prospective and shall include reasonable wind-down provisions for participants4 ,the ,center shall provide written notice to the approved program not less than #cj days before revoking or suspending an approved program4 7#f7 ,no limitation on enforcement ,participation by a provider of educational technology in an approved program shall not preclude the ,secretary from enforcing this ,act or the covered requirements4 ,participation and material compliance with an approved program shall be an affirmative defense to alleged violations of the covered requirements with respect to the practices subject to that approved program4 7#g7 ,rule of construction ,nothing in this subsection shall be construed to create a private right of action4 #i4 ,supporting ,,ai integration in ,k-#ab classrooms 7a7 ,technology training resources ,the ,secretary1 in coordination with the ,institute of ,education ,sciences1 shall develop resources and training guides for elementary school and secondary school teachers on integrating artificial intelligence technologies into instruction1 including methods of use that protect student data privacy4 7b7 ,,esea ,amendment ,clause 7i7 of section #bajc7;b77#c77;,e7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ffac 7b77#c77;,e77 is amended to read as follows3 7i7 effectively integrate existing and emerging technology into curricula and instruction 7including education about how to use artificial intelligence to enhance personalized learning1 in addition to the harms of copyright piracy and improper student use of artificial intelligence72 4 #aj4 ,improving personalized learning 7a7 ,,ai in education priority ,not later than #ahj days after the date of enactment of this ,act1 in carrying out the activities of the ,small ,business ,innovation ,research ,program 7as defined in section #i7;e7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fchi7;e7771 referred to in this section as the ,,sbir program1 the ,secretary shall prioritize educational artificial intelligence research and development to foster innovation in personalized learning technologies1 in accordance with subsection 7b74 7b7 ,criteria for prioritization ,not later than #ahj days after the date of enactment of this ,act1 in awarding grants1 contracts1 or cooperative agreements under the ,,sbir program1 the ,secretary shall give priority to proposals that-- 7#a7 seek to incorporate artificial intelligence into education without reducing or inhibiting students' critical thinking skills2 and 7#b7 meet #b or more of the following criteria3 7,a7 ,projects that demonstrate the potential to significantly enhance personalized learning experiences by adapting to individual student needs1 improving student achievement1 and addressing learning gaps4 7,b7 ,projects that aim to make artificial intelligence technologies accessible to all students1 including students with special education needs4 7,c7 ,projects that incorporate cutting-edge computational techniques to create innovative tutoring solutions4 7,d7 ,projects that demonstrate a clear strategy for integrating artificial intelligence into classroom settings for efficiency and personalized learning1 including training resources for teachers and administrators and compatibility with existing educational tools and curricula4