Vermont H 650: An act relating to prohibiting perfluoroalkyl and polyfluoroalkyl substances in products to be sold in Vermont and the use and import of wastes containing microplastics

Bill Text

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H.650
Introduced by Representatives Arsenault of Williston and Graning of Jericho
Referred to Committee on
Date:
Subject: Commerce and trade; protection of personal information; educational
technology certification
Statement of purpose of bill as introduced: This bill proposes to require that
providers of educational technology products register annually with the State.
It also requires the Secretary of State to create a certification standard and
review process for these products before they can be used by schools.
An act relating to educational technology products
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 9 V.S.A. chapter 62 is amended to read:
CHAPTER 62. PROTECTION OF PERSONALINFORMATION
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Subchapter 3A. Student Privacy
* * *
§ 2443f. ENFORCEMENT
A person who violates a provision of this chapter subchapter commits an
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unfair and deceptive act in commerce in violation of section 2453 of this title.
Subchapter 3B. Educational Technology
§ 2444a. DEFINITIONS
As used in this subchapter:
(1) “Educational technology product” and “product” means any student-
facing software, application, or platform that may collect, process, or transmit
student data and that is used for teaching and learning purposes in a school.
(2) “Provider of an educational technology product” and “provider”
means a person that operates an educational technology product that is in use
at a school with or without a contract with the school or school district.
(3) “School” means a public school or an independent school approved
pursuant to 16 V.S.A. § 166.
§ 2444b. ANNUALREGISTRATION
(a) Annually, on or before January 31 following a year in which a person
meets the definition of a provider of an educational technology product as set
forth in section 2444a of this subchapter, the person shall:
(1) register with the Secretary of State;
(2) pay a registration fee of $100.00;
(3) provide the following information during registration:
(A) the name and primary physical, email, and internet addresses of
the person; and
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(B) the most recent version of the privacy policy and terms and
conditions in use by the product; and
(4) list the names of all the products operated by the provider and which
products, if any, have been certified by the Secretary of State pursuant to this
subchapter.
(b) A provider that fails to register and provide all required information
pursuant to subsection (a) of this section:
(1) is liable to the State for:
(A) a civil penalty of $50.00 for each day, not to exceed a total of
$10,000.00 for each year, it fails to register pursuant to this section;
(B) an amount equal to the fees due under this section during the
period it failed to register pursuant to this section; and
(C) other penalties imposed by law; and
(2) does not otherwise limit the provider’s responsibility to comply with
the provisions required of providers set forth in this subchapter.
(c) The Attorney General may maintain an action in the Civil Division of
the Superior Court to collect the penalties imposed in this section and to seek
appropriate injunctive relief.
§ 2444c. PRODUCT CERTIFICATION
(a)(1) The Secretary of State shall:
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(A) have the sole authority to certify an educational technology
product as set forth in this section; and
(B) create a form on its website where a provider of an educational
technology product can apply for the product to be reviewed by the Secretary
of State for certification.
(2) No school shall use an educational technology product that has not
been certified by the Secretary of State pursuant to this section.
(b) The Secretary of State shall develop, publish, and annually review the
standards for the certification of an educational technology product. In
developing the certification standards, the Secretary of State shall consider the
following about an educational technology product:
(1) the product’s compliance with State curriculum standards;
(2) advantages of using the product compared with nondigital methods;
(3) whether the product was explicitly designed for educational use;
(4) design features of the product, including any:
(A) geolocation tracking;
(B) use of artificial intelligence;
(C) targeted advertising;
(D) personalized recommendation systems;
(E) access to adults unknown to a student; and
(F) features that would lead to compulsive use;
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(5) the data privacy practices of the provider of the product; and
(6) any other factor the Secretary of State believes is relevant to the
education, privacy, and safety of students.
(c)