Law / United States / 
Texas
Texas Education Agency standards for the electronic devices and software applications school districts use, including data minimization and parental consent
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Governance, Consent
- Audit expectation
- none
What it requires
- If you are the Texas Education Agency, adopt standards for the permissible electronic devices and software applications a school district or open-enrollment charter school uses (Tex. Educ. Code sec. 32.1021).
- In those standards, minimize data collection conducted on students through electronic devices and software applications (Tex. Educ. Code sec. 32.1021(1)).
- In those standards, require direct and informed parental consent for a student's use of a software application, other than one necessary for administering a state assessment instrument or a college, career or military readiness assessment used in evaluating district performance (Tex. Educ. Code sec. 32.1021(2)).
- In those standards, ensure software applications do not conduct mental health assessments or other assessments unrelated to educational curricula that are intended to collect information about students without direct and informed parental consent (Tex. Educ. Code sec. 32.1021(3)).
- In those standards, require a district or school, before it uses a social media application for an educational purpose, to determine that a more secure alternative application with the same educational functionality is unavailable (Tex. Educ. Code sec. 32.1021(8)).
- In those standards, consider requiring an Internet filter that notifies appropriate school administrators, who must then notify the student's parent, when a student accesses inappropriate or concerning content or words, including content related to self-harm, suicide, violence to others or illicit drugs (Tex. Educ. Code sec. 32.1021(9)).
- In those standards, provide methods by which a district or school may ensure that an operator that contracts with it to provide software applications complies with subchapter D of chapter 32 (Tex. Educ. Code sec. 32.1021(11)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 32.1021 directs the agency to adopt standards for devices and software applications. It requires no log, record or report of the agency or of a provider.
- Kind
- None
- As of
What this law does
The agency must adopt standards for permissible electronic devices and software applications used by a school district or open-enrollment charter school.
In adopting the standards, the agency must minimize data collection conducted on students through electronic devices and software applications, and must ensure direct and informed parental consent is required for a student's use of a software application, other than a software application necessary for the administration of a state assessment instrument or a college, career or military readiness assessment.
The standards must ensure software applications do not conduct mental health assessments or other assessments unrelated to educational curricula that are intended to collect information about students without direct and informed parental consent.
The standards must require a district or school, before using a social media application for an educational purpose, to determine that an alternative application that is more secure and provides the same educational functionality is unavailable, and must consider the required use of an Internet filter capable of notifying appropriate school administrators, who are then required to notify the student's parent, if a student accesses inappropriate or concerning content or words, including content related to self-harm, suicide, violence to others or illicit drugs.
The standards must provide methods by which a district or school may ensure that an operator that contracts with it to provide software applications complies with subchapter D of chapter 32. Section 32.1021 was added by Acts 2023, 88th Legislature, chapter 795 (House Bill 18), effective .
When LexLint raises it
When your app profile says your app serves K-12 schools.
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