An act relating to educational technology products
What changed between versions
New section 2444c requires the Secretary of State to certify educational technology products before schools can use them. Schools are prohibited from using uncertified products after July 1, 2027.
Certified products are prohibited from collecting student data that is not essential to the product's function, demographic data beyond name and grade level, or behavioral, interactional, or sensitive health data. Products also cannot sell or share collected data with third parties or create student profiles for noneducational uses including targeted advertising.
New section 2444b imposes an annual registration fee of $100 on providers of educational technology products, due each January 31.
Providers who fail to register face a civil penalty of $50 per day (capped at $10,000 per year) plus unpaid fees. The Attorney General can bring actions in the Civil Division of Superior Court for penalties and injunctive relief.
Parents or guardians must be provided information about what personal data is collected, how it is maintained and shared, and the ability to access, correct, and delete their child's personal information.
A transition period is created: schools must submit a list of currently used products to the Secretary of State by December 15, 2026, and may continue using uncertified products until June 30, 2027. The mandatory certification requirement takes effect July 1, 2027 while the rest of the act takes effect July 1, 2026.
The unofficial version's requirement for the Agency of Education to submit a written report with recommendations to legislative committees by November 15, 2027 is removed from the operative provisions in the official version (though it appears retained in a secondary section of the official text).
The bill's scope shifts from a non-binding study (Agency of Education to recommend how the state should certify products) to binding law that actually establishes the certification process, assigns sole authority to the Secretary of State, and sets specific standards including consideration of artificial intelligence use, geolocation tracking, targeted advertising, personalized recommendation systems, and features leading to compulsive use.
