Improving Parental Notification and Consent for Educational Technology

(a) Eligible recipient In this section, the term eligible recipient means any of the following entities to which the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g; commonly referred to as the ‘Family Educational Rights and Privacy Act of 1974’) applies: (1) An elementary school. (2) A secondary school. (3) A local educational agency. (b) Establishment of the Seal of Excellence (1) Design of the Seal (A) In General Not later than 180 days after the date of enactment of this Act, the Secretary shall finalize the process and requirements for the award of a certification, to be known as the Golden Seal of Excellence in Student Data Privacy (referred to in this section as the Seal) to recognize eligible recipients that implement exemplary parental notification systems that— (i) use instant verification technology for consent gathering and validation; and (ii) are purchased through funds already available to eligible recipients. (B) 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 agencies, including by consulting about the appropriate use of opt-outs and minimizing instructional burdens on schools. (C) Purpose The Seal shall serve as a mark of distinction, indicating that the awardee has met the highest standards of student data privacy through proactive parental and eligible student engagement and consent management. (2) Qualifications An eligible recipient shall be qualified to receive the Seal if the eligible recipient has— (A) not been found guilty of a violation of the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g; commonly referred to as the Family Educational Rights and Privacy Act of 1974) in the previous 5 years; (B) implemented and maintained an instant verification technology system for not less than 1 academic year that— (i) provides parental notifications and eligible student notifications, as applicable, on a case-by-case basis and where appropriate, regarding the intent of the eligible recipient to use specific educational technology in the classroom; (ii) includes information about the purpose of using the specified educational technology, the data collection practices of that educational technology, and the alternative options for students upon parental or eligible student opt-out; (iii) is able to collect parental and eligible student consent, as applicable, throughout the academic year; and (iv) offers an accessible, user-friendly mechanism for parents or eligible students, as applicable, to opt-out of the release of some or all of a student's directory information; and (C) in the event that a given consent request receives a majority of denials from parents and eligible students in a given circumstance, 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 question. (c) Awarding of the Seal (1) State level administration (A) 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 (2). (B) Process State educational agencies that participate in the program under this section (referred to in this section as participating State educational agencies) shall establish and use the process described in paragraph (2), by which eligible recipients may apply, including by submitting documentation demonstrating compliance with the qualification criteria under subsection (b)(2). (2) Application and review process (A) Application Eligible recipients seeking the Seal shall submit an application to the participating State educational agency of their respective State, including— (i) a description of the instant verification technology system implemented; (ii) evidence of parental and eligible student engagement and consent collection practices, such as sample notifications, consent forms, and appropriate opt-out mechanisms; and (iii) any additional information as may be required by the participating State educational agency to assess compliance with the qualification criteria under subsection (b)(2). (B) 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 criteria. (3) Expiration The Seal shall expire after 5 years, unless a recipient submits and meets or surpasses the qualifications described under subsection (b)(2) again in the 5th year of holding the Seal, at which point the Seal remains valid for another 5 years. (4) Recognition and reporting (A) Record Each participating State educational agency shall maintain a public record of all eligible recipients in the State that have been awarded the Seal. (B) 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 year. (d) 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 12 months after the Secretary finalizes the process and requirements for the Seal.