LBD16298-02-6
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DIFFERENT PUPILS FOR A FIXED AMOUNT OF TIME UNDER SUPERVISION OF A
TEACHER OR OTHER SCHOOL PERSONNEL FOR AN ACADEMIC PURPOSE ON SCHOOL
GROUNDS. "COMPUTER LAB OR CART MODEL" DOES NOT INCLUDE ONE-TO-ONE
DEVICES.
6. "COMPUTER SCIENCE AND DIGITAL FLUENCY LEARNING STANDARDS" SHALL
MEAN THE COMPUTER SCIENCE EDUCATION STANDARDS REQUIRED UNDER PART R OF
CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND EIGHTEEN WHICH WERE
PROMULGATED BY THE DEPARTMENT AND APPROVED BY THE BOARD OF REGENTS.
7. "CONVERSATIONAL ARTIFICIAL INTELLIGENCE" OR "CONVERSATIONAL AI"
SHALL MEAN A CLASS OF ARTIFICIAL INTELLIGENCE MODELS WHOSE PRIMARY
PURPOSE IS TO STIMULATE HUMAN CONVERSATION WITH A USER THROUGH VERBAL
COMMUNICATION.
8. "DEVICE PROVIDER" SHALL MEAN A PERSON, BUSINESS, OR OTHER LEGAL
ENTITY THAT PROVIDES AN ELECTRONIC DEVICE TO A SCHOOL FOR USE BY A PUPIL
IN A SCHOOL SETTING.
9. "DIGITAL CITIZENSHIP" SHALL MEAN A DIVERSE SET OF SKILLS THAT
ALLOWS A USER TO NAVIGATE MODERN TECHNOLOGY AND THE INTERNET, INCLUDING
THE NORMS OF APPROPRIATE, RESPONSIBLE, AND HEALTHY USER BEHAVIOR.
10. "EDUCATIONAL TECHNOLOGY" SHALL MEAN A SOFTWARE APPLICATION,
WEBSITE, OR ONLINE SERVICE THAT IS INTENDED TO BE USED BY PUPILS FOR
EDUCATIONAL PURPOSES WITHIN A SCHOOL SETTING.
11. "EDUCATIONAL TECHNOLOGY PROVIDER" SHALL MEAN A PERSON, BUSINESS,
OR OTHER LEGAL ENTITY THAT PROVIDES EDUCATIONAL TECHNOLOGY TO A SCHOOL
OR USER.
12. "GAMING PLATFORM" SHALL MEAN ANY SOFTWARE APPLICATION, WEBSITE, OR
ONLINE SERVICE THAT ENABLES A USER TO CREATE, CONTROL, MANIPULATE, OR
INTERACT WITH A DIGITAL GAME OR IMMERSIVE DIGITAL GAMING ENVIRONMENT.
"GAMING PLATFORM" SHALL NOT INCLUDE EDUCATIONAL TECHNOLOGY AS DEFINED IN
SUBDIVISION TEN OF THIS SECTION.
13. "GENERATIVE ARTIFICIAL INTELLIGENCE" OR "GENERATIVE AI" SHALL MEAN
AS DEFINED IN SUBDIVISION TWO OF SECTION SEVENTEEN HUNDRED OF THE GENER-
AL BUSINESS LAW.
14. "INTERNET-ENABLED DEVICE" SHALL MEAN ANY SMARTPHONE, TABLET,
SMARTWATCH, OR OTHER HARDWARE DEVICE CAPABLE OF CONNECTING TO THE INTER-
NET.
15. "MEDIA" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
FIVE OF SECTION FIFTEEN HUNDRED OF THE GENERAL BUSINESS LAW.
16. "MEDIA LITERACY" SHALL MEAN THE ABILITY TO CRITICALLY ANALYZE
INFORMATION PRESENTED IN DIGITAL AND MASS MEDIA, INCLUDING THE ABILITY
TO INVESTIGATE SUCH MEDIA'S ORIGINS, CREDIBILITY, AND ACCURACY, THE
INTENDED PURPOSE OF SUCH MEDIA, THE LIKELY INFLUENCE OF SUCH MEDIA ON
USER BEHAVIOR, AND THE LIKELY IMPACT OF SUCH MEDIA ON USER HEALTH.
17. "MESSAGING PLATFORM" SHALL MEAN ANY SOFTWARE APPLICATION, WEBSITE,
OR ONLINE SERVICE THAT ENABLES A USER TO PUBLICLY OR PRIVATELY MESSAGE
OTHER INTERNET USERS. "MESSAGING PLATFORM" SHALL NOT INCLUDE AN EDUCA-
TIONAL TECHNOLOGY PLATFORM THAT ALLOWS A USER TO MESSAGE OR INTERACT
WITH FELLOW PUPILS, TEACHERS, OR SCHOOL PERSONNEL WITHIN THE CONTEXT OF
THE EDUCATIONAL PURPOSE OF SUCH PLATFORM.
18. "ONE-TO-ONE" SHALL MEAN WHEN A SCHOOL ISSUES A PUPIL THEIR OWN
DEDICATED INTERNET-ENABLED OR ELECTRONIC DEVICE FOR PERSONAL USE. "ONE-
TO-ONE" SHALL NOT INCLUDE DEVICES ACCESSED IN A COMPUTER LAB OR CART
MODEL.
19. "OPERATING SYSTEM" SHALL MEAN THE SYSTEM SOFTWARE THAT MANAGES THE
HARDWARE OF AN INTERNET-ENABLED OR ELECTRONIC DEVICE AND ALLOWS PROGRAMS
AND APPLICATIONS TO RUN ON SUCH DEVICE.
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20. "OPERATOR" SHALL MEAN ANY PERSON, PARTNERSHIP, ASSOCIATION, FIRM,
OR BUSINESS ENTITY, OR ANY MEMBER, AFFILIATE, SUBSIDIARY OR BENEFICIAL
OWNER THEREOF, WHO PROVIDES A SOFTWARE APPLICATION, WEBSITE, OR ONLINE
SERVICE TO A USER.
21. "PERSONALLY IDENTIFIABLE INFORMATION" SHALL MEAN AS DEFINED IN
PARAGRAPH D OF SUBDIVISION ONE OF SECTION TWO-D OF THIS TITLE.
22. "SCHOOL" SHALL MEAN SCHOOL DISTRICTS, CHARTER SCHOOLS, AND BOARDS
OF COOPERATIVE EDUCATIONAL SERVICES.
23. "SCHOOL GROUNDS" SHALL MEAN AS DEFINED IN PARAGRAPH (C) OF SUBDI-
VISION ONE OF SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER.
24. "SCHOOL SETTING" SHALL REFER TO THE USE OF AN INTERNET-ENABLED OR
ELECTRONIC DEVICE BY A PUPIL TO COMPLETE AN EDUCATIONAL ASSIGNMENT,
ASSESSMENT, ACTIVITY, OR OTHER OFFICIAL SCHOOL TASK, REGARDLESS OF
WHETHER SUCH PUPIL IS PHYSICALLY LOCATED ON SCHOOL GROUNDS AT THE TIME
OF SUCH USE.
25. "SCHOOL-ISSUED DEVICE" SHALL MEAN ANY INTERNET-ENABLED OR ELEC-
TRONIC DEVICE, AS DEFINED IN SUBDIVISION FIFTEEN OF THIS SECTION, THAT A
SCHOOL PROVIDES TO AN INDIVIDUAL PUPIL FOR USE IN A SCHOOL SETTING.
26. "SIGNIFICANT MODIFICATION" AND VARIATIONS THEREOF SHALL MEAN WHEN
AN EDUCATIONAL TECHNOLOGY PROVIDER MAKES AN UPDATE TO SUCH PROVIDER'S
EDUCATIONAL TECHNOLOGY THAT MATERIALLY CHANGES ITS FUNCTIONALITY,
PURPOSE, PERFORMANCE, OR ABILITY TO COMPLY WITH ANY OF THE REGISTRATION
REQUIREMENTS OF SUBDIVISION TWO OF SECTION THIRTY-FIVE OF THIS ARTICLE.
27. "SOCIAL MEDIA PLATFORM" SHALL MEAN AS DEFINED IN SUBDIVISION FIVE
OF SECTION ELEVEN HUNDRED OF THE GENERAL BUSINESS LAW.
28. "SYNTHETIC CONTENT" SHALL MEAN MEDIA THAT HAS BEEN DIGITALLY
CREATED OR ALTERED BY ARTIFICIAL INTELLIGENCE.
29. "USER" SHALL MEAN A USER OF A SOFTWARE APPLICATION, WEBSITE, OR
ONLINE SERVICE OR DEVICE THAT IS NOT ACTING AS AN OPERATOR OR THE AGENT
OR AFFILIATE OF AN OPERATOR OF SUCH APPLICATION, WEBSITE, OR SERVICE.
§ 31. SCREEN TIME LIMITATIONS. EACH SCHOOL SHALL ADOPT A WRITTEN POLI-
CY LIMITING ACCESS TO INTERNET-ENABLED AND ELECTRONIC DEVICES AS
FOLLOWS:
1. FOR PRE-KINDERGARTEN THROUGH GRADE FIVE, SUCH POLICY SHALL STIPU-
LATE THAT THE SCHOOL SHALL PROVIDE NO SCHOOL-ISSUED DEVICES TO PUPILS
AND SHALL GENERALLY PROHIBIT ACCESS BY SUCH PUPILS TO INTERNET-ENABLED
AND ELECTRONIC DEVICES OTHERWISE AVAILABLE ON SCHOOL GROUNDS.
2. FOR GRADES SIX THROUGH EIGHT, PUPILS SHALL BE ALLOWED TO ACCESS
SCHOOL-ISSUED DEVICES USING ONLY A COMPUTER LAB OR CART MODEL. SUCH
DEVICE USE SHALL BE ACTIVELY SUPERVISED BY SCHOOL PERSONNEL.
3. (A) FOR GRADES NINE THROUGH TWELVE, SCHOOLS MAY PROVIDE PUPILS:
(I) SCHOOL-ISSUED DEVICES UNDER A COMPUTER LAB OR CART MODEL; AND
(II) ONE-TO-ONE SCHOOL-ISSUED DEVICES WITH CAREGIVER OPT-IN.
PROVIDED, HOWEVER, THAT IF A SCHOOL WISHES TO PROVIDE A PUPIL WITH
SUCH ONE-TO-ONE DEVICE FOR USE AT A LOCATION OTHER THAN SCHOOL GROUNDS
SUCH AS THE PUPIL'S HOME, THE SCHOOL MUST OBTAIN SEPARATE CAREGIVER
OPT-IN FOR SUCH OFF-PREMISES USE.
(B) PROVIDED, FURTHER, THAT AT THE TIME A SCHOOL SEEKS CAREGIVER OPT-
IN FOR A ONE-TO-ONE DEVICE, THE SCHOOL SHALL PROVIDE SUCH CAREGIVER
WITH:
(I) A DESCRIPTION OF THE DEVICE;
(II) A DETAILED LIST AND DESCRIPTION OF THE SOFTWARE APPLICATIONS
DOWNLOADED ON SUCH DEVICE AND HOW THE PUPIL WILL BE EXPECTED TO USE SUCH
APPLICATIONS;
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(III) ANY PLATFORMS, APPLICATIONS, OR FEATURES THAT HAVE BEEN BLOCKED
FROM SUCH DEVICE, AS PROVIDED IN SECTION THIRTY-THREE OF THIS ARTICLE;
AND
(IV) A DESCRIPTION OF THE ALTERNATIVE ANALOG METHODS THAT A SCHOOL
SHALL PROVIDE FOR COMPLETING ASSIGNMENTS UNDER SECTION THIRTY-TWO OF
THIS ARTICLE.
§ 32. RIGHT TO ANALOG LEARNING. 1. FOR PRE-KINDERGARTEN THROUGH GRADE
EIGHT, HOMEWORK ASSIGNMENTS SHALL NOT REQUIRE ACCESS TO THE INTERNET, AN
INTERNET-ENABLED OR ELECTRONIC DEVICE, OR EDUCATIONAL TECHNOLOGY. FOR
GRADES NINE THROUGH TWELVE, TEACHERS SHALL MINIMIZE THE REQUIREMENT FOR
PUPILS TO ACCESS THE INTERNET, AN INTERNET-ENABLED OR ELECTRONIC DEVICE,
OR EDUCATIONAL TECHNOLOGY BY STRUCTURING THE ASSIGNMENTS IN SUCH A WAY
THAT PUPILS CAN COMPLETE ASSIGNMENTS BY ALTERNATIVE NON-DIGITAL MEANS
WHEREVER FEASIBLE.
2. TEACHERS SHALL PRIORITIZE NON-DIGITAL TEACHING METHODS FOR IN-CLASS
INSTRUCTION OVER DIGITAL METHODS WHEREVER FEASIBLE AND SHALL ATTEMPT TO
MINIMIZE THE NEED FOR SCHOOL-ISSUED DEVICES IN THE CLASSROOM.
3. (A) SCHOOLS SHALL ADOPT A WRITTEN POLICY STIPULATING THAT CAREGIV-
ERS, PRIOR TO THE COMMENCEMENT OF THE SCHOOL YEAR, SHALL BE PROVIDED A
SPECIFIC LIST AND DESCRIPTION OF:
(I) THE SCHOOL-ISSUED DEVICES THAT WILL BE DISBURSED TO PUPILS IN THE
COMING SCHOOL YEAR;
(II) ANY HARDWARE COMPONENTS THAT MAY ACCOMPANY SUCH DEVICES;
(III) ALL SOFTWARE APPLICATIONS THAT SUCH DEVICES WILL BE EQUIPPED
WITH AND HOW PUPILS WILL BE EXPECTED TO USE SUCH APPLICATIONS;
(IV) A GENERAL DESCRIPTION OF THE FINDINGS OF THE LATEST MEDICAL AND
SOCIOLOGICAL RESEARCH FROM GOVERNMENT PUBLICATIONS AND PEER-REVIEWED
SCHOLARLY ARTICLES ON THE IMPACTS ON YOUTH OF EXCESSIVE SCREEN TIME,
EDUCATIONAL TECHNOLOGY, AI COMPANIONS, GENERATIVE AI, CONVERSATIONAL AI,
AND OTHER RELEVANT INFORMATION, AS SUCH FINDINGS HAVE BEEN PROVIDED TO
THE SCHOOL BY THE DEPARTMENT. THE INFORMATION DESCRIBED IN SUBPARA-
GRAPHS (I) THROUGH (III) OF THIS PARAGRAPH SHALL ALSO BE PUBLISHED IN A
CLEAR AND CONSPICUOUS LOCATION ON A SCHOOL'S WEBSITE.
(B) (I) THE WRITTEN POLICY SHALL DETAIL A PROCESS BY WHICH A PUPIL, OR
A CAREGIVER ON BEHALF OF THEIR CHILD PUPIL, CAN REFUSE TO USE A SCHOOL-
ISSUED DEVICE IN ORDER TO COMPLETE AN ACTIVITY, ASSIGNMENT, ASSESSMENT,
OR OTHER TASK WHERE A REASONABLY ALTERNATIVE NON-DIGITAL METHOD FOR
COMPLETING SUCH ACTIVITY, ASSIGNMENT, ASSESSMENT, OR TASK EXISTS. SUCH
RIGHT OF REFUSAL SHALL INCLUDE THE RIGHT TO PREPARE FOR STANDARDIZED
TESTS OR OTHER MANDATORY LOCAL, STATE, OR FEDERAL ASSESSMENTS VIA NON-
DIGITAL MEANS AS WELL AS TO COMPLETE SUCH TESTS OR ASSESSMENTS THEM-
SELVES VIA NON-DIGITAL MEANS.
(II) THIS PARAGRAPH SHALL NOT APPLY TO ACTIVITIES, ASSIGNMENTS,
ASSESSMENTS, OR TASKS WHERE THE USE OF THE SCHOOL-ISSUED DEVICE OR OTHER
RELATED TECHNOLOGY IS INHERENT TO THE LEARNING OBJECTIVE OF THE ACTIV-
ITY, ASSIGNMENT, ASSESSMENT, OR TASK, INCLUDING ACTIVITIES, ASSIGNMENTS,
ASSESSMENTS, AND TASKS UNDERTAKEN PURSUANT TO THE COMPUTER SCIENCE AND
DIGITAL FLUENCY LEARNING STANDARDS.
4. SCHOOLS SHALL BE BARRED FROM PENALIZING OR RETALIATING AGAINST ANY
PUPIL WHO HAS EXERCISED OR WHOSE CAREGIVER HAS EXERCISED THEIR RIGHTS
UNDER SUBDIVISION THREE OF THIS SECTION.
§ 33. STANDARDS FOR SCHOOL-ISSUED DEVICES. 1. NO SCHOOL MAY DISTRIBUTE
ANY SCHOOL-ISSUED DEVICE TO A PUPIL THAT CONTAINS, EITHER EMBEDDED IN
THE OPERATING SYSTEM OF THE DEVICE OR AS PART OF AN APPLICATION THAT MAY
BE DOWNLOADED ONTO OR INTEGRATED WITH SUCH DEVICE:
(A) A SOCIAL MEDIA PLATFORM;
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(B) A GAMING PLATFORM;
(C) A MESSAGING PLATFORM;
(D) AN AI COMPANION;
(E) GENERATIVE ARTIFICIAL INTELLIGENCE;
(F) CONVERSATIONAL ARTIFICIAL INTELLIGENCE, PROVIDED, HOWEVER, THAT
NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT CONVERSATIONAL
ARTIFICIAL INTELLIGENCE THAT IS DEPLOYED AS AN ASSISTIVE TECHNOLOGY FOR
A USER WITH DISABILITIES; OR
(G) A HARDWARE CAMERA.
SUCH SCHOOL SHALL FURTHER ENSURE THAT A DEVICE IS UNABLE TO DOWNLOAD
OR INTEGRATE WITH ANY OF THE ONLINE SERVICES DESCRIBED IN PARAGRAPHS (A)
THROUGH (F) OF THIS SUBDIVISION PRIOR TO THE DISTRIBUTION OF SUCH
SCHOOL-ISSUED DEVICE TO A PUPIL.
2. SCHOOL-ISSUED DEVICES AND ANY APPLICATIONS DOWNLOADED OR INTEGRATED
WITH SUCH DEVICES SHALL ONLY DISPLAY INSTRUCTIONAL MEDIA. SUCH DEVICES
AND APPLICATIONS SHALL NOT ALLOW PUPILS TO SEARCH FOR MEDIA THAT IS
UNRELATED TO THE INSTRUCTIONAL CONTENT AND PURPOSE OF THE APPLICATION.
§ 34. PROHIBITED PRACTICES. IN ADDITION TO THE REQUIREMENTS OF SECTION
THIRTY-THREE OF THIS ARTICLE, SCHOOL PERSONNEL SHALL BE PROHIBITED FROM
UTILIZING A SOCIAL MEDIA PLATFORM, AS DEFINED IN SUBDIVISION TWENTY-SEV-
EN OF SECTION THIRTY OF THIS ARTICLE, FOR OFFICIAL SCHOOL CORRESPONDENCE
WITH A PUPIL. PUPILS SHALL NOT BE REQUIRED TO CREATE AN ACCOUNT ON A
SOCIAL MEDIA PLATFORM IN ORDER TO PARTICIPATE IN ANY CLASSROOM ACTIV-
ITIES, GROUP DISCUSSIONS, ASSIGNMENTS, TESTS, OR OTHER OFFICIAL BUSINESS
CONDUCTED BY A SCHOOL.
§ 35. EDUCATIONAL TECHNOLOGY REGISTRY. 1. ALL EDUCATIONAL TECHNOLOGY
PROVIDERS INTENDING TO OFFER SUCH PROVIDER'S EDUCATIONAL TECHNOLOGY TO A
SCHOOL IN THIS STATE SHALL REGISTER WITH THE ATTORNEY GENERAL AS
DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUCH REGISTRY SHALL BE
PUBLISHED ONLINE IN A CLEAR AND CONSPICUOUS MANNER, AND COPIES OF SUCH
REGISTRY SHALL BE PROVIDED TO SCHOOLS AND CAREGIVERS UPON REQUEST.
2. IN REGISTERING, AN EDUCATIONAL TECHNOLOGY PROVIDER MUST SELF-AT-
TEST:
(A) THAT SUCH PROVIDER'S EDUCATIONAL TECHNOLOGY IS DESIGNED FOR
INSTRUCTIONAL USE AT THE GRADE LEVEL OF THE PUPILS THAT WILL BE USING
SUCH TECHNOLOGY;
(B) THAT SUCH PROVIDER HAS PUBLISHED CLEAR AND ACCESSIBLE PRODUCT
INFORMATION ABOUT SUCH PROVIDER'S EDUCATIONAL TECHNOLOGY IN A MANNER
THAT A PERSON AT A SEVENTH GRADE READING LEVEL CAN COMPREHEND;
(C) THAT SUCH PROVIDER IS ABLE TO MEET THE REQUIREMENTS OF SECTION
TWO-D OF THIS TITLE, SECTION 1232-G OF TITLE 20 OF THE UNITED STATES
CODE, THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT, CHAPTER 91 OF TITLE
15 OF THE UNITED STATES CODE, THE CHILDREN'S ONLINE PRIVACY PROTECTION
ACT, AND ALL IMPLEMENTING REGULATIONS FOR SUCH STATUTES;
(D) THAT THE PROVIDER IS ABLE TO MEET THE REQUIREMENTS OF ANY CONTRACT
OR WRITTEN AGREEMENT THAT THE PROVIDER WOULD ENTER INTO WITH AN EDUCA-
TIONAL AGENCY, AS REQUIRED IN SECTION TWO-D OF THIS TITLE;
(E) THAT SUCH PROVIDER'S EDUCATIONAL TECHNOLOGY IS CAPABLE OF PREVENT-
ING THE DOWNLOAD OF, INSTALLMENT OF, OR INTEGRATION WITH THE PROHIBITED
ONLINE SERVICES AND COMPONENTS DESCRIBED IN PARAGRAPHS (A) THROUGH (G)
OF SUBDIVISION ONE OF SECTION THIRTY-THREE OF THIS ARTICLE;
(F) THAT SUCH PROVIDER'S EDUCATIONAL TECHNOLOGY DOES NOT ALLOW USERS
TO SEARCH FOR MEDIA THAT IS UNRELATED TO THE INSTRUCTIONAL CONTENT AND
UNDERLYING PURPOSE OF THE EDUCATIONAL TECHNOLOGY;
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(G) THAT SUCH PROVIDER'S EDUCATIONAL TECHNOLOGY DOES NOT INCLUDE
FEATURES THAT WOULD REDUCE A USER'S FOCUS OR DISTRACT FROM THE INSTRUC-
TIONAL GOAL OF THE EDUCATIONAL TECHNOLOGY; AND
(H) THAT SUCH PROVIDER'S EDUCATIONAL TECHNOLOGY HAS BEEN PROVEN IN AT
LEAST ONE INDEPENDENT STUDY TO LEAD TO IMPROVED ACADEMIC PERFORMANCE IN
USERS RELATED TO SPECIFIC CURRICULUM OBJECTIVES.
PROVIDERS MUST FURTHER NOTIFY THE ATTORNEY GENERAL OF ANY SIGNIFICANT
MODIFICATIONS TO SUCH PROVIDER'S EDUCATIONAL TECHNOLOGY AND SHALL BE
REQUIRED TO RE-REGISTER SUCH MODIFIED VERSIONS OF THE TECHNOLOGY ON THE
REGISTRY CREATED UNDER THIS SECTION.
3. SCHOOLS MAY ONLY OFFER, DEPLOY, OR PROVIDE EDUCATIONAL TECHNOLOGY
TO A PUPIL THAT IS INCLUDED IN THE REGISTRY.
4. THE ATTORNEY GENERAL SHALL, IN CONJUNCTION WITH THE COMMISSIONER,
REGULARLY REVIEW AND UPDATE THE REGISTRATION REQUIREMENTS UNDER THIS
SECTION AS NEEDED.
5. THE ATTORNEY GENERAL MAY REQUIRE PROVIDERS TO PAY A REGISTRATION
FEE TO DEFRAY THE OPERATING EXPENSES, INCLUDING ALL DIRECT AND INDIRECT
COSTS, OF ADMINISTERING THE REGISTRY AND CERTIFICATION PROCESS CREATED
BY THIS SECTION.
6. (A) THE ATTORNEY GENERAL SHALL MAINTAIN A WEBSITE TO RECEIVE
COMPLAINTS, INFORMATION, OR REFERRALS FROM MEMBERS OF THE PUBLIC
CONCERNING AN EDUCATIONAL TECHNOLOGY PROVIDER'S ALLEGED COMPLIANCE OR
NONCOMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
(B) WHENEVER THE ATTORNEY GENERAL FINDS THAT AN EDUCATIONAL TECHNOLOGY
PROVIDER HAS FALSELY ATTESTED THAT SUCH PROVIDER MEETS THE REGISTRATION
REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION, HAS FAILED TO NOTIFY
THE ATTORNEY GENERAL OF A SIGNIFICANT MODIFICATION TO SUCH PROVIDER'S
EDUCATIONAL TECHNOLOGY AND THAT SUCH MODIFICATION HAS RESULTED IN THE
EDUCATIONAL TECHNOLOGY NO LONGER MEETING THE REGISTRATION REQUIREMENTS
OF SUBDIVISION TWO OF THIS SECTION, OR HAS OTHERWISE INTENTIONALLY
SUBVERTED THE PURPOSE OF THIS SECTION, THE ATTORNEY GENERAL MAY BRING AN
ACTION UNDER SECTION THIRTY-NINE OF THIS ARTICLE.
§ 36. UPDATED LEARNING STANDARDS. 1. THE COMMISSIONER SHALL RECOMMEND
AN UPDATE OF THE COMPUTER SCIENCE AND DIGITAL FLUENCY LEARNING STANDARDS
APPROVED BY THE BOARD OF REGENTS IN ORDER THAT SUCH STANDARDS MAY INCOR-
PORATE THE FOLLOWING CONCEPTS:
(A) THE POTENTIAL PHYSICAL AND MENTAL HEALTH CONSEQUENCES OF EXCESSIVE
TIME SPENT ON INTERNET-ENABLED OR ELECTRONIC DEVICES FOR YOUNG USERS;
(B) THE POTENTIAL PHYSICAL AND MENTAL HEALTH CONSEQUENCES OF PROLONGED
USE OF SOCIAL MEDIA PLATFORMS FOR YOUNG USERS, INCLUDING ANY RESEARCH-
SUPPORTED CORRELATIONS BETWEEN PROLONGED USE AND ANXIETY, DEPRESSION,
BODY DYSMORPHIA, LOW SELF-ESTEEM, DISRUPTIONS IN SLEEP PATTERNS, CHANGES
IN COGNITIVE DEVELOPMENT, ANALYTICAL SKILLS, CONTEXTUAL THINKING, ATTEN-
TION SPAN, MEMORY FORMATION, AND ANY OTHER PHYSICAL OR BEHAVIORAL
PATTERNS;
(C) BEST PRACTICES FOR HOW TO SAFELY NAVIGATE GAMING PLATFORMS, SOCIAL
MEDIA PLATFORMS, MESSAGING PLATFORMS, AND OTHER SOFTWARE APPLICATIONS
THAT ENABLE PUBLIC OR PRIVATE COMMUNICATION BETWEEN A MINOR AND ANOTHER
USER;
(D) DIGITAL CITIZENSHIP;
(E) MEDIA LITERACY, WITH A PARTICULAR EMPHASIS ON SUCH LITERACY IN THE
CONTEXT OF SYNTHETIC CONTENT; AND
(F) ANY OTHER TOPIC DEEMED RELEVANT BY THE COMMISSIONER.
2. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE COMMIS-
SIONER SHALL PROVIDE UPDATED DRAFT MODEL KINDERGARTEN THROUGH TWELVE
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COMPUTER SCIENCE AND DIGITAL FLUENCY LEARNING STANDARDS TO THE BOARD OF
REGENTS FOR APPROVAL.
§ 37. CONSTRUCTION. 1. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
OVERRIDE OR CONFLICT WITH THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED
THREE OF THIS CHAPTER.
2. NOTHING IN THIS ARTICLE SHALL CONSTRAIN A SCHOOL'S ABILITY TO
PROVIDE OR REQUIRE THE USE OF AN INTERNET-ENABLED DEVICE OR OTHER
RELATED TECHNOLOGY WHERE SUCH PROVISION OR USE IS INHERENT TO THE LEARN-
ING OBJECTIVE OF AN ACTIVITY, ASSIGNMENT, ASSESSMENT OR TASK, INCLUDING
ANY ACTIVITIES, ASSIGNMENTS, ASSESSMENTS, OR TASKS THAT ARE UNDERTAKEN
PURSUANT TO COMPUTER SCIENCE AND DIGITAL FLUENCY LEARNING STANDARDS.
3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT THE USE OF A
SCHOOL-ISSUED DEVICE WHERE SUCH USE IS INCLUDED IN A PUPIL'S INDIVIDUAL-
IZED EDUCATION PROGRAM OR PLAN DEVELOPED PURSUANT TO SECTION FIVE
HUNDRED FOUR OF THE FEDERAL REHABILITATION ACT OF 1973, 29 U.S.C. 794,
OR OTHERWISE AS AN ASSISTIVE TOOL TO FACILITATE ACCESSIBILITY FOR USERS
WITH DISABILITIES.
4. NOTHING IN THIS ARTICLE SHALL CONSTRAIN A SCHOOL'S ABILITY TO
PROVIDE OR REQUIRE THE USE OF AN INTERNET-ENABLED OR ELECTRONIC DEVICE
OR OTHER RELATED TECHNOLOGY FOR TRANSLATION SERVICES.
5. THE PROVISIONS OF THIS ARTICLE SUPPLEMENT, AND DO NOT DIMINISH OR
REPLACE, ANY OTHER BASIS OF LIABILITY OR REQUIREMENT ESTABLISHED BY
SECTION TWO-D OF THIS TITLE OR ANY OTHER APPLICABLE STATE OR FEDERAL
STATUTE.
§ 38. RULEMAKING. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTAB-
LISHING PROCEDURES TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
§ 39. ENFORCEMENT. WHENEVER IT APPEARS TO THE ATTORNEY GENERAL THAT
ANY EDUCATIONAL TECHNOLOGY PROVIDER OR ANY DEVICE PROVIDER HAS KNOWINGLY
SUBVERTED THE PURPOSES OF SECTION THIRTY-THREE OR THIRTY-FIVE OF THIS
ARTICLE, AND/OR SECTION TWO-D OF THIS TITLE, THE ATTORNEY GENERAL MAY
BRING AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF THE
PEOPLE OF THE STATE OF NEW YORK TO ENJOIN ANY VIOLATION OF SUCH SECTION,
TO OBTAIN RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED DIRECTLY OR
INDIRECTLY BY SUCH VIOLATION INCLUDING, BUT NOT LIMITED TO, THE
DESTRUCTION OF UNLAWFULLY OBTAINED DATA, TO OBTAIN DAMAGES CAUSED
DIRECTLY OR INDIRECTLY BY SUCH VIOLATION, TO OBTAIN CIVIL PENALTIES OF
UP TO FIFTEEN THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN ANY OTHER
AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUDING PRELIMINARY
RELIEF.
§ 3. Paragraph k of subdivision 1 of section 2-d of the education law,
as added by section 1 of subpart L of part AA of chapter 56 of the laws
of 2014, is amended and seven new paragraphs l, m, n, o, p, q and r are
added to read as follows:
k. "Third party contractor" shall mean any person or entity, other
than an educational agency, that receives student data or teacher or
principal data from an educational agency pursuant to a contract or
other written agreement for purposes of providing services to such
educational agency, including but not limited to data management or
storage services, conducting studies for or on behalf of such educa-
tional agency, or audit or evaluation of publicly funded programs. Such
term shall include an educational partnership organization that receives
student and/or teacher or principal data from a school district to carry
out its responsibilities pursuant to section two hundred eleven-e of
this title and is not an educational agency as defined in paragraph c of
this subdivision, and a not-for-profit corporation or other non-profit
A. 11669 8
organization, other than an educational agency. SUCH TERM SHALL FURTHER
INCLUDE EDUCATIONAL TECHNOLOGY PROVIDERS AND DEVICE PROVIDERS.
L. "PROCESS", "PROCESSING," AND VARIATIONS THEREOF SHALL MEAN AS
DEFINED IN SUBDIVISION FIVE OF SECTION EIGHT HUNDRED NINETY-NINE-EE OF
THE GENERAL BUSINESS LAW.
M. "EDUCATIONAL TECHNOLOGY PROVIDER" SHALL MEAN AS DEFINED IN SUBDIVI-
SION ELEVEN OF SECTION THIRTY OF THIS TITLE.
N. "DEVICE PROVIDER" SHALL MEAN AS DEFINED IN SUBDIVISION EIGHT OF
SECTION THIRTY OF THIS TITLE.
O. "USER" SHALL MEAN AS DEFINED IN SUBDIVISION TWENTY-NINE OF SECTION
THIRTY OF THIS TITLE.
P. "TRAINING ARTIFICIAL INTELLIGENCE" SHALL MEAN DEVELOPING, TESTING,
VALIDATING, OR MODIFYING AN ARTIFICIAL INTELLIGENCE MODEL OR SERVICE.
Q. "ARTIFICIAL INTELLIGENCE" SHALL MEAN AS DEFINED IN SUBDIVISION ONE
OF SECTION SEVENTEEN HUNDRED OF THE GENERAL BUSINESS LAW.
R. "STUDENT USER" SHALL REFER TO A STUDENT WHO IS A USER.
§ 4. Paragraph c of subdivision 3 of section 2-d of the education law,
as added by section 1 of subpart L of part AA of chapter 56 of the laws
of 2014, is amended to read as follows:
c. The parents bill of rights for data privacy and security shall
include supplemental information for each contract an educational agency
enters into with a third party contractor where the third party contrac-
tor receives student data or teacher or principal data. Such supple-
mental information shall be developed by the educational agency and
shall include:
(1) the exclusive purposes for which the student data or teacher or
principal data will be used;
(2) how the third party contractor will ensure that the subcontrac-
tors, persons or entities that the third party contractor will share the
student data or teacher or principal data with, if any, will abide by
data protection and security requirements;
(3) when the agreement expires and what happens to the student data or
teacher or principal data upon expiration of the agreement;
(4) if and how a parent, student, eligible student, teacher or princi-
pal may challenge the accuracy of the student data or teacher or princi-
pal data that is collected; [and]
(5) where the student data or teacher or principal data will be stored
(described in such a manner as to protect data security), and the secu-
rity protections taken to ensure such data will be protected, including
whether such data will be encrypted[.]; AND
(6) HOW A THIRD PARTY CONTRACTOR THAT IS AN EDUCATIONAL TECHNOLOGY
PROVIDER OR DEVICE PROVIDER WILL ENSURE THAT A STUDENT USER'S PERSONALLY
IDENTIFIABLE INFORMATION WILL BE PROCESSED SOLELY FOR THE STRICTLY
NECESSARY PURPOSES DELINEATED IN PARAGRAPH G OF SUBDIVISION FIVE OF THIS
SECTION.
§ 5. Subdivision 5 of section 2-d of the education law is amended by
adding two new paragraphs g and h to read as follows:
G. IN ADDITION TO THE PROHIBITION IN PARAGRAPH F OF SUBDIVISION FOUR
OF THIS SECTION, THIRD PARTY CONTRACTORS WHO ARE EDUCATIONAL TECHNOLOGY
PROVIDERS OR DEVICE PROVIDERS ARE PERMITTED TO PROCESS THE PERSONALLY
IDENTIFIABLE INFORMATION OF A STUDENT USER ONLY WHERE AND TO THE EXTENT
SUCH PROCESSING IS STRICTLY NECESSARY FOR THE FOLLOWING PURPOSES:
(1) PROVIDING OR MAINTAINING A SPECIFIC PRODUCT OR SERVICE REQUESTED
BY THE STUDENT;
(2) CONDUCTING THE PROVIDER'S INTERNAL BUSINESS OPERATIONS, PROVIDED,
HOWEVER, THAT FOR THE PURPOSES OF THIS SUBPARAGRAPH INTERNAL BUSINESS
A. 11669 9
OPERATIONS SHALL NOT INCLUDE ANY ACTIVITIES RELATED TO MARKETING, ADVER-
TISING, RESEARCH AND DEVELOPMENT, PROVIDING PRODUCTS OR SERVICES TO
OTHER THIRD PARTIES, PROMPTING STUDENTS OR OTHER USERS TO USE THE EDUCA-
TIONAL TECHNOLOGY OR DEVICE WHEN IT IS NOT IN USE, OR TRAINING ARTIFI-
CIAL INTELLIGENCE;
(3) IDENTIFYING AND REPAIRING TECHNICAL ERRORS THAT IMPAIR EXISTING OR
INTENDED FUNCTIONALITY;
(4) PROTECTING AGAINST MALICIOUS, FRAUDULENT, OR ILLEGAL ACTIVITY;
(5) INVESTIGATING, ESTABLISHING, EXERCISING, PREPARING FOR, OR DEFEND-
ING LEGAL CLAIMS;
(6) COMPLYING WITH FEDERAL, STATE, OR LOCAL LAWS, RULES, OR REGU-
LATIONS;
(7) COMPLYING WITH A CIVIL, CRIMINAL, OR REGULATORY INQUIRY, INVESTI-
GATION, SUBPOENA, OR SUMMONS BY FEDERAL, STATE, LOCAL, OR OTHER GOVERN-
MENTAL AUTHORITIES;
(8) DETECTING, RESPONDING TO, OR PREVENTING SECURITY INCIDENTS OR
THREATS; OR
(9) PROTECTING THE VITAL INTERESTS OF A NATURAL PERSON.
H. EACH THIRD PARTY CONTRACTOR THAT ENTERS INTO A CONTRACT OR OTHER
WRITTEN AGREEMENT WITH AN EDUCATIONAL AGENCY ON OR AFTER THE EFFECTIVE
DATE OF THIS PARAGRAPH SHALL INCLUDE A PROVISION IN SUCH CONTRACT OR
AGREEMENT THAT EXPLICITLY ALLOWS AN EDUCATIONAL AGENCY TO TERMINATE THE
CONTRACT OR AGREEMENT:
(1) WITHIN NINETY DAYS OF AN EDUCATIONAL AGENCY PROVIDING WRITTEN
NOTICE TO SUCH CONTRACTOR, AND
(2) IMMEDIATELY, UPON A FINDING THAT SUCH CONTRACTOR HAS VIOLATED ANY
OF THE PROVISIONS OF THIS SECTION OR OF SECTION THIRTY-THREE OR THIRTY-
FIVE OF THIS TITLE.
§ 6. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 7. This act shall take effect on the first of August after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.