Bill Sponsors
Speakman, Ajello, Kislak, Donovan, Cotter, Casimiro, Felix, Batista, McGaw, and Potter
Committee
House Innovation, Internet, & Technology
Summary
Select
This legislation, known as the "Student Computer Device Privacy" act, prohibits schools and school districts from remotely activating the camera, microphone, or location tracking features on computers or tablets used by students. Exceptions are made if the student initiates the function for class, if there is a judicial warrant, if the device is reported lost or stolen, or if there is an immediate threat to life or safety. If a school accesses a device due to a safety threat, they must notify the parents within 72 hours. The bill allows parents to sue schools that violate these privacy protections.
Sponsor
Analysis
Pros for Progressives
- Protects the civil liberties and privacy rights of students by preventing unwarranted government surveillance within their homes and personal lives.
- Establishes a legal mechanism for families to sue for damages and attorney fees, ensuring that low-income families have a pathway to justice if their rights are violated.
- Prevents the potential abuse of technology that could disproportionately target or monitor marginalized students under the guise of school administration.
Cons for Progressives
- Exempts correctional facilities, thereby denying incarcerated youth the same digital privacy rights afforded to other students, reinforcing systemic inequities in the justice system.
- The "imminent threat" threshold might prevent schools from intervening in early-stage cyberbullying or self-harm indicators that are serious but not yet "imminent."
- Relies on civil litigation for enforcement, which may still be difficult for disadvantaged families to navigate despite the provision for attorney fees.
Pros for Conservatives
- Strictly limits government intrusion into the private home life of families, upholding the sanctity of personal privacy against state overreach.
- Empowers parents with specific legal rights to hold government entities (schools) accountable through the court system for unauthorized surveillance.
- Protects private property rights by including "personal devices" in the restrictions, ensuring the state cannot commandeer personal technology for monitoring.
Cons for Conservatives
- Creates a new avenue for lawsuits against local school districts, which could result in significant legal costs borne by local taxpayers.
- Restricts the ability of schools to protect taxpayer-funded assets (laptops) by limiting when location tracking can be used to recover devices.
- Imposes administrative burdens on school districts to document and report actions taken during emergencies, potentially hampering swift decision-making.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Students
- Parents and Legal Guardians
- School Districts
- School Administrators
- IT Support Staff
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
Importance
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
Impact the bill will have on the environment, positive or negative.
Privacy Impact
Impact the bill is likely to have on the privacy of individuals.
Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to House Innovation, Internet, & Technology
Bill Text
SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by adding thereto the following chapter: CHAPTER 117 STUDENT COMPUTER DEVICE PRIVACY
16-117-1. Definitions.
As used in this chapter, the following words and terms shall have the following meanings:
(1) "De-identified" means data from which all personally identifiable information has been removed.
(2) "Educational institution" or "school" means any public institution that offers participants, students, or trainees an organized course of study or training that is academic, trade oriented or preparatory for gainful employment in a recognized occupation and shall include any person acting as an agent of the institution.
(3) "Institutional device" means any computing device, including computer, laptop, tablet, smartphone or other electronic device owned or maintained by the educational institution or school district and provided to a student for educational use.
(4) "Location data" means records of global positioning system or other precise location data either recorded historically or in real time.
(5) "Personal device" means any computing device, including computer, laptop, tablet, smartphone or other electronic device provided by the end user being used for educational purposes.
(6) "School district" means any local education agency and shall include any person acting as an agent of the agency.
(7) "Student" means any student, participant, or trainee, whether full-time or part-time, in an organized course of study at an educational institution.
16-117-2. Restricted access to audio and video functions.
(a) No educational institution or school district shall activate or access, or request a third party, other than a student's parent or legal guardian, to activate or access, any audio or video receiving, transmitting, or recording functions on a student's institutional device or personal device, unless:
(1) A student initiates the activation for educational purposes and access is limited to that purpose;
(2) The activation and/or access is ordered pursuant to a judicial warrant; or
(3) Activation and/or access is deemed reasonably necessary in order to respond to a suspected imminent threat to life or safety and is limited to that purpose.
(b) Within seventy-two (72) hours of activating and/or accessing, or requesting activation and/or access by a third party other than the student's parent or legal guardian, to the audio or video receiving, transmitting, or recording functions on a student's institutional device or personal device pursuant to subsection (a)(3) of this section, the educational institution or school district shall provide to the student and their parent or legal guardian a written explanation of the precise threat that prompted the access and the data and features that were activated and/or accessed.
(c) No third party, other than a student's parent or legal guardian, shall activate or access any audio or video receiving, transmitting, or recording functions on a student's institutional device or personal device for any reason other than those provided in subsection (a) of this section. Within seventy-two (72) hours of activating and/or accessing such functions pursuant to subsection (a)(3) of this section, the third party shall provide to the educational institution or school district a written explanation of the precise threat that prompted the access and the data and features that were activated and/or accessed.
(d) Within seventy-two (72) hours of receiving information pursuant to subsection (c) of this section, the educational institution or school district shall forward the explanation to the student and their parent or legal guardian.
16-117-3. Restricted access to location data.
(a) No educational institution or school district may access or use location data for tracking a student's institutional device or personal device, or request a third party other than a student's parent or legal guardian, to do so, unless: LC003565 - Page 2 of 4
(1) Such access or use is ordered pursuant to a judicial warrant;
(2) The student to whom the institutional device was provided, or their parent or legal guardian, has notified the educational institution or school district in writing that the institutional device is missing or stolen, or the device has not been returned when required for inventory purposes;
(3) The access or use is deemed reasonably necessary in order to respond to a suspected imminent threat to life or safety and is limited to that purpose; or
(4) The data is retrieved in a de-identified manner and is used only to determine whether the device is on-site or off-site.
(b) Within seventy-two (72) hours of accessing or using, or requesting a third party other than a student's parent or legal guardian to access or use, the location data for a student's institutional device or personal device pursuant to subsection (a)(3) of this section, the educational institution or school district shall provide to the student and their parent or legal guardian a written explanation of the precise threat that prompted the access or use and the data and features that were accessed or used.
16-117-4. Authority to adopt policies.
School districts shall have the authority to adopt policies to further implement this chapter.
16-117-5. Penalties.
(a) In any civil action alleging a violation or proposed violation of this chapter, the court may award to a prevailing plaintiff appropriate injunctive and declaratory relief, damages, and reasonable attorneys' fees and costs.
(b) The rights provided a parent or legal guardian under this chapter shall accrue to any student who is eighteen (18) years of age or older.
16-117-6. Exemption for correctional facilities.
This chapter shall not apply to institutional or personal devices used in a prison or other correctional facility or as part of a program run by or on behalf of such a facility.
SECTION 2. This act shall take effect on August 1, 2026.
16-117-1. Definitions.
As used in this chapter, the following words and terms shall have the following meanings:
(1) "De-identified" means data from which all personally identifiable information has been removed.
(2) "Educational institution" or "school" means any public institution that offers participants, students, or trainees an organized course of study or training that is academic, trade oriented or preparatory for gainful employment in a recognized occupation and shall include any person acting as an agent of the institution.
(3) "Institutional device" means any computing device, including computer, laptop, tablet, smartphone or other electronic device owned or maintained by the educational institution or school district and provided to a student for educational use.
(4) "Location data" means records of global positioning system or other precise location data either recorded historically or in real time.
(5) "Personal device" means any computing device, including computer, laptop, tablet, smartphone or other electronic device provided by the end user being used for educational purposes.
(6) "School district" means any local education agency and shall include any person acting as an agent of the agency.
(7) "Student" means any student, participant, or trainee, whether full-time or part-time, in an organized course of study at an educational institution.
16-117-2. Restricted access to audio and video functions.
(a) No educational institution or school district shall activate or access, or request a third party, other than a student's parent or legal guardian, to activate or access, any audio or video receiving, transmitting, or recording functions on a student's institutional device or personal device, unless:
(1) A student initiates the activation for educational purposes and access is limited to that purpose;
(2) The activation and/or access is ordered pursuant to a judicial warrant; or
(3) Activation and/or access is deemed reasonably necessary in order to respond to a suspected imminent threat to life or safety and is limited to that purpose.
(b) Within seventy-two (72) hours of activating and/or accessing, or requesting activation and/or access by a third party other than the student's parent or legal guardian, to the audio or video receiving, transmitting, or recording functions on a student's institutional device or personal device pursuant to subsection (a)(3) of this section, the educational institution or school district shall provide to the student and their parent or legal guardian a written explanation of the precise threat that prompted the access and the data and features that were activated and/or accessed.
(c) No third party, other than a student's parent or legal guardian, shall activate or access any audio or video receiving, transmitting, or recording functions on a student's institutional device or personal device for any reason other than those provided in subsection (a) of this section. Within seventy-two (72) hours of activating and/or accessing such functions pursuant to subsection (a)(3) of this section, the third party shall provide to the educational institution or school district a written explanation of the precise threat that prompted the access and the data and features that were activated and/or accessed.
(d) Within seventy-two (72) hours of receiving information pursuant to subsection (c) of this section, the educational institution or school district shall forward the explanation to the student and their parent or legal guardian.
16-117-3. Restricted access to location data.
(a) No educational institution or school district may access or use location data for tracking a student's institutional device or personal device, or request a third party other than a student's parent or legal guardian, to do so, unless: LC003565 - Page 2 of 4
(1) Such access or use is ordered pursuant to a judicial warrant;
(2) The student to whom the institutional device was provided, or their parent or legal guardian, has notified the educational institution or school district in writing that the institutional device is missing or stolen, or the device has not been returned when required for inventory purposes;
(3) The access or use is deemed reasonably necessary in order to respond to a suspected imminent threat to life or safety and is limited to that purpose; or
(4) The data is retrieved in a de-identified manner and is used only to determine whether the device is on-site or off-site.
(b) Within seventy-two (72) hours of accessing or using, or requesting a third party other than a student's parent or legal guardian to access or use, the location data for a student's institutional device or personal device pursuant to subsection (a)(3) of this section, the educational institution or school district shall provide to the student and their parent or legal guardian a written explanation of the precise threat that prompted the access or use and the data and features that were accessed or used.
16-117-4. Authority to adopt policies.
School districts shall have the authority to adopt policies to further implement this chapter.
16-117-5. Penalties.
(a) In any civil action alleging a violation or proposed violation of this chapter, the court may award to a prevailing plaintiff appropriate injunctive and declaratory relief, damages, and reasonable attorneys' fees and costs.
(b) The rights provided a parent or legal guardian under this chapter shall accrue to any student who is eighteen (18) years of age or older.
16-117-6. Exemption for correctional facilities.
This chapter shall not apply to institutional or personal devices used in a prison or other correctional facility or as part of a program run by or on behalf of such a facility.
SECTION 2. This act shall take effect on August 1, 2026.