Catalog / Serves K-12 schools / LXD-8524

Serves K-12 schools, in Vermont

Each law's tag says when it binds: since in force from , in 7 weeks not yet in force

Student Privacy: operators of PreK-12 school sites, services and applicationssince 7 lines

9 V.S.A. secs. 2443 to 2443f · Read the law's page

  • If you operate an Internet website, online service, online application or mobile application with actual knowledge that it is used primarily for PreK-12 school purposes and was designed and marketed for them, do not knowingly engage in targeted advertising, on your service or any other, based on information, including covered information and persistent unique identifiers, you acquired because of the use of your service for PreK-12 school purposes.
  • Do not knowingly use information, including a persistent unique identifier, created or gathered by your service to amass a profile about a student except in furtherance of PreK-12 school purposes. Retaining account information that stays under the control of the student, the student's parent or legal guardian, or the school is not amassing a profile.
  • Do not knowingly sell, barter or rent a student's information, including covered information. The bar does not apply to the purchase, merger or other acquisition of the operator by another entity that complies with the subchapter for previously acquired student information.
  • Do not knowingly disclose covered information unless the disclosure is made for a purpose section 2443a(a)(4) lists, namely furthering the PreK-12 school purposes of the service (the recipient may not further disclose it except to allow or improve operability and functionality of your service, and may not use it for an inconsistent purpose), legal and regulatory compliance or precautions against liability, judicial process, protecting the safety or integrity of users or the security of the service, a school, educational or employment purpose the student or parent requests, or a third party you bind by contract to use the data only for the contracted service, not to disclose it onward, and to maintain reasonable security. Section 2443c allows disclosure required by law, legitimate research as the law allows, and disclosure to a State or local educational agency for PreK-12 school purposes.
  • Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information and designed to protect it from unauthorized access, destruction, use, modification or disclosure.
  • Delete, within a reasonable time and to the extent practicable, a student's covered information if the school or school district requests deletion of information under its control, unless the student or the student's parent or legal guardian consents to keeping it.
  • Publicly disclose and provide the school with material information about your collection, use and disclosure of covered information, including by publishing a term of service agreement, privacy policy or similar document.
Immigration protocols: student information privacy duties of school districts and schoolssince 4 lines

16 V.S.A. sec. 1486(c), (d)(3) · Read the law's page

  • If you are a Vermont school district, public school or approved independent school, do not collect or request information about the citizenship or immigration status of a student or a student's family member unless State or federal law requires it or it is required to administer a State- or federally supported educational program (16 V.S.A. sec. 1486(c)(1)).
  • Do not disclose a student's immigration status, citizenship, place of birth, nationality or national origin in any database the school maintains or as directory information under the Family Educational Rights and Privacy Act (16 V.S.A. sec. 1486(c)(2)).
  • Do not voluntarily share student information, including immigration status, citizenship, place of birth, nationality, national origin, sexual orientation, status as a survivor of domestic violence or sexual assault, status as a recipient of public assistance or school discipline records, with a third party unless State or federal law requires it (16 V.S.A. sec. 1486(c)(3)).
  • Absent a judicial warrant, do not reveal information about a student or school staff member in response to an immigration-related request from a law enforcement officer unless the law otherwise requires it (16 V.S.A. sec. 1486(d)(3)).
Educational Technology: registration of providers of educational technology productsfrom , in 7 weeks1 line

9 V.S.A. sec. 2444a; 2026 Vt. Acts & Resolves Act 138, Sec. 4 · Read the law's page

  • If you do business in Vermont as a provider of an educational technology product (software, an application or a platform that may collect, process or transmit student data and is used for teaching and learning in a Vermont public school or approved independent school), then at each filing with the Secretary of State give your name and your primary physical, email and internet addresses, a link to the most recent privacy policy and terms and conditions of each product in use in any school, the name of each school where you operate under a paid contract, the name and a brief description of each product, which products may be in use in any school, and an attestation that each product meets the student privacy subchapter, the Vermont Age-Appropriate Design Code Act and all relevant federal and State privacy laws, including the federal Children's Online Privacy Protection Act.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

Page updated .