Law / United States / 
Ohio
Monitoring of school-issued devices
In force since .
A sensitive categories rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition, Disclosure
As of .
What it requires
- This binds a school district and a technology provider, meaning a person who contracts with a school district to provide a school-issued device for student use and creates, receives, or maintains education records pursuant or incidental to its contract with the district (sections 3319.325(F) and 3319.327(A)).
- Do not electronically access or monitor the location-tracking features of a school-issued device, except in the circumstances division (B) of section 3319.327 lists (section 3319.327(A)(1)).
- Do not electronically access or monitor the audio or visual receiving, transmitting or recording feature of a school-issued device, except in the circumstances division (B) lists (section 3319.327(A)(2)).
- Do not electronically access or monitor student interactions with a school-issued device, including keystrokes and web-browsing activity, except in the circumstances division (B) lists (section 3319.327(A)(3)).
- The division (A) bar does not apply to activity limited to a noncommercial educational purpose for instruction, technical support or exam-proctoring by school district employees, student teachers, staff contracted by a district, a vendor or the department of education and workforce; activity permitted under a judicial warrant or subpoena unless state or federal law otherwise prohibits it; activity once you are notified or become aware that the device is missing or stolen; activity necessary to prevent or respond to a threat to life or safety and limited to that purpose; activity necessary to comply with federal or state law; and activity necessary to participate in federal or state funding programs (section 3319.327(B)).
- In any year that you elect to generally monitor a school-issued device for a division (B) circumstance, give the parents of the district's enrolled students written notice of that monitoring; the duty to give it rests on the school district (section 3319.327(C)(1)).
- Where a division (B)(2), (B)(3) or (B)(4) circumstance is triggered and the school district initiates responsive action, notify the student's parent within seventy-two hours of the access, with a written description of the triggering circumstance, the features of the device accessed and the threat, if any, unless the notice itself would pose a threat to life or safety (section 3319.327(C)(2) and (C)(3)).
- Where a school district contracts with a county board of developmental disabilities, educational service center, joint vocational school district, another school district or an information technology center for services that include general monitoring or access of school-issued devices, state in the contract which entity is responsible for giving the notice (section 3319.327(D)).
- Unless otherwise provided by law, do not release, or permit access to, educational support services data concerning any student attending a public school for any purpose (section 3319.327, paragraph after division (C)).
These lines are LexLint's reading of the law's text, as of .
What this law does
Section 3319.327 of the Revised Code bars a school district or technology provider from electronically accessing or monitoring the location-tracking features of a school-issued device, its audio or visual receiving, transmitting or recording feature, or student interactions with it, including keystrokes and web-browsing activity, except in the circumstances division (B) lists.
Division (B) excepts activity limited to a noncommercial educational purpose for instruction, technical support or exam-proctoring, activity permitted under a judicial warrant or subpoena, activity once the device is known to be missing or stolen, activity necessary to prevent or respond to a threat to life or safety, activity necessary to comply with federal or state law, and activity necessary to participate in federal or state funding programs.
In any year that a school district or technology provider elects to generally monitor a school-issued device for a division (B) circumstance, the school district must give written notice of that monitoring to the parents of its enrolled students.
When a circumstance in division (B)(2) or (B)(3) is triggered and the school district initiates responsive action, the district must, within seventy-two hours of the access, notify the student's parent and give a written description of the triggering circumstance, including which features of the device were accessed and a description of the threat, if any.
When a circumstance in division (B)(4) is triggered and the school district initiates action in response, the district must, within seventy-two hours of the access, notify the student's parent and give a written description of the triggering circumstance, including which features of the device were accessed and a description of the threat, if any.
The section was enacted by Senate Bill 29 of the 135th General Assembly, effective , and amended by House Bill 432 of the 135th General Assembly, effective .
When LexLint raises it
When your app profile says your app serves under-18s.