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Senate Bill 29

SPONSOR
Senator Stephen Huffman, District 5

​​TARGETS
All schools, districts, school boards, educational service centers, and agencies that serve students
​Technology providers for any of the above

​
​​DESCRIPTION​
Creates legal guidance for processes to maintain student data privacy in all education records
COMMITTEE
Senate Education Committee

INTRODUCED 
January 23, 2023

WATCH TESTIMONY
TBD
​
BILL
General Info | 
As-Written 

​SB 29 Details

Senate Bill 29 prohibits schools and technology providers from tracking student activity from school-issued devices and prohibits technology providers from using educational data for any marketing or advertising to a student.


Provisions that impact schools, districts, and education agencies: 
  • Declares that “education support services data” is NOT a public record.
  • Unless otherwise provided by law, no person may share educational support services data concerning any student attending a public school for any purpose.
  • By August 1 of each school year, each school district must notify parents and students of any curriculum, testing, or assessment technology provider contract affecting a student's education records. The notice must:
    • Identify each curriculum, testing, or assessment technology provider and their level of access to education records
    • Identify the education records that will be affected by the curriculum, testing, or assessment technology provider contract
    • Include information about the contract inspection, and provide contact information for a school department to which a parent or student may direct questions or concerns.
  • Parents and students must be allowed to inspect a complete copy of any technology provider contract.
  • Names technology features that school districts and technology providers cannot electronically access or monitor, with certain exceptions. Disallowed features would include:
    • Location-tracking features of a school-issued device
    • Audio or visual receiving, transmitting, or recording feature of a school-issued device;
    • Student interactions with a school-issued device, including, but not limited to, keystrokes and web-browsing activity. 
  • If a school district or technology provider legally interacts with a school-issued device, it must, within 72 hours of the access, notify the student or that student's parent and provide a written description of the interaction, including which features of the device were accessed and a description of the threat (if any). 

Provisions that impact technology providers:
  • Technology providers must follow current law (ORC 1347) regarding the collection, use, and protection of data as if it were a school district.
  • Education records made, used, or shared by a technology provider are solely the property of the school district they contracted with.
  • If there is a breach of education records data maintained by the technology provider, the technology provider must tell the school district all information required under current law (ORC 1347.12).
  • “Unless renewal of the contract is reasonably anticipated,” a technology provider must destroy or return to the appropriate school district all education records created, received, or maintained within ninety days of the expiration of their contract.
  • A technology provider cannot sell, share, or disseminate education records, except as allowed by law or as part of a contract with a school district.
  • A technology provider cannot use educational data for any commercial purpose, including, but not limited to marketing or advertising to a student or parent. 
  • A contract between a technology provider and a school district must ensure appropriate security safeguards for educational data.
  • About Us
    • We Are
    • What is honest education?
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      • SB 83
      • HB 8
      • HB 68
      • HB 103
      • HB 151
      • HB 171
      • HB 183
      • HB 206
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      • HB 235
      • HB 240
      • HB 245
    • Attacks on Public Education
    • Committees & Legislators
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  • State Board of Ed
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  • Schools
    • Attacks on Public Education
    • Know Your District
    • Education Funding >
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