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--- version:As IntroducedOpens in a new window+++ version:(document, no version)@@ -1,160 +1,341 @@-BILL AS INTRODUCED H.650-2026 Page 1 of 7--VT LEG #386313 v.1-H.650 1-Introduced by Representatives Arsenault of Williston and Graning of Jericho 2-Referred to Committee on 3-Date: 4-Subject: Commerce and trade; protection of personal information; educational 5-technology certification 6-Statement of purpose of bill as introduced: This bill proposes to require that 7-providers of educational technology products register annually with the State. 8-It also requires the Secretary of State to create a certification standard and 9-review process for these products before they can be used by schools. 10-An act relating to educational technology products 11-It is hereby enacted by the General Assembly of the State of Vermont: 12-Sec. 1. 9 V.S.A. chapter 62 is amended to read: 13-CHAPTER 62. PROTECTION OF PERSONAL INFORMATION 14-* * * 15-Subchapter 3A. Student Privacy 16-* * * 17-§ 2443f. ENFORCEMENT 18-A person who violates a provision of this chapter subchapter commits an 19-unfair and deceptive act in commerce in violation of section 2453 of this title. 20-BILL AS INTRODUCED H.650-2026 Page 2 of 7--VT LEG #386313 v.1-Subchapter 3B. Educational Technology 1-§ 2444a. DEFINITIONS 2-As used in this subchapter: 3-(1) “Educational technology product” and “product” means any student-4-facing software, application, or platform that may collect, process, or transmit 5-student data and that is used for teaching and learning purposes in a school. 6-(2) “Provider of an educational technology product” and “provider” 7-means a person that operates an educational technology product that is in use at 8-a school with or without a contract with the school or school district. 9-(3) “School” means a public school or an independent school approved 10-pursuant to 16 V.S.A. § 166. 11-§ 2444b. ANNUAL REGISTRATION 12-(a) Annually, on or before January 31 following a year in which a person 13-meets the definition of a provider of an educational technology product as set 14-forth in section 2444a of this subchapter, the person shall: 15-(1) register with the Secretary of State; 16-(2) pay a registration fee of $100.00; 17-(3) provide the following information during registration: 18-(A) the name and primary physical, email, and internet addresses of 19-the person; and 20-BILL AS INTRODUCED H.650-2026 Page 3 of 7--VT LEG #386313 v.1-(B) the most recent version of the privacy policy and terms and 1-conditions in use by the product; and 2-(4) list the names of all the products operated by the provider and which 3-products, if any, have been certified by the Secretary of State pursuant to this 4-subchapter. 5-(b) A provider that fails to register and provide all required information 6-pursuant to subsection (a) of this section: 7-(1) is liable to the State for: 8-(A) a civil penalty of $50.00 for each day, not to exceed a total of 9-$10,000.00 for each year, it fails to register pursuant to this section; 10-(B) an amount equal to the fees due under this section during the 11-period it failed to register pursuant to this section; and 12-(C) other penalties imposed by law; and 13-(2) does not otherwise limit the provider’s responsibility to comply with 14-the provisions required of providers set forth in this subchapter. 15-(c) The Attorney General may maintain an action in the Civil Division of 16-the Superior Court to collect the penalties imposed in this section and to seek 17-appropriate injunctive relief. 18-§ 2444c. PRODUCT CERTIFICATION 19-(a)(1) The Secretary of State shall: 20-BILL AS INTRODUCED H.650-2026 Page 4 of 7--VT LEG #386313 v.1-(A) have the sole authority to certify an educational technology 1-product as set forth in this section; and 2-(B) create a form on its website where a provider of an educational 3-technology product can apply for the product to be reviewed by the Secretary 4-of State for certification. 5-(2) No school shall use an educational technology product that has not 6-been certified by the Secretary of State pursuant to this section. 7-(b) The Secretary of State shall develop, publish, and annually review the 8-standards for the certification of an educational technology product. In 9-developing the certification standards, the Secretary of State shall consider the 10-following about an educational technology product: 11-(1) the product’s compliance with State curriculum standards; 12-(2) advantages of using the product compared with nondigital methods; 13-(3) whether the product was explicitly designed for educational use; 14-(4) design features of the product, including any: 15-(A) geolocation tracking; 16-(B) use of artificial intelligence; 17-(C) targeted advertising; 18-(D) personalized recommendation systems; 19-(E) access to adults unknown to a student; and 20-(F) features that would lead to compulsive use; 21-BILL AS INTRODUCED H.650-2026 Page 5 of 7--VT LEG #386313 v.1-(5) the data privacy practices of the provider of the product; and 1-(6) any other factor the Secretary of State believes is relevant to the 2-education, privacy, and safety of students. 3-(c) Notwithstanding subsection (b) of this section, a certified product shall: 4-(1) be compliant with all federal and State privacy laws, including the 5-federal Children’s Online Privacy Protection Act; 6-(2) include clear and easy-to-understand product information; 7-(3) provide the following to a parent or guardian of a student: 8-(A) what personal information of the student is collected by the 9-product; 10-(B) how the personal information collected pursuant to subdivision 11-(A) of this subdivision (3) is maintained, used, and shared by the product; and 12-(C) the ability to access, correct, and delete the personal information 13-of the student; 14-(4) not collect: 15-(A) student data that is not essential for the product to function 16-effectively for the purpose for which it is being utilized; 17-(B) demographic data of a student except for the name and grade 18-level of the student; and 19-(C) behavioral, interactional, or sensitive health data of a student; and 20-(5) not use any data collected to: 21-BILL AS INTRODUCED H.650-2026 Page 6 of 7--VT LEG #386313 v.1-(A) sell to or share with a third party; or 1-(B) create a student profile for noneducational uses, which includes 2-targeted advertising and disciplinary actions. 3-(d) The Secretary of State shall post on its website and regularly update a 4-list of educational technology products that have been certified by the 5-Secretary of State pursuant to this section. The Secretary of State may list 6-products that are under active consideration by the Secretary of State and 7-products that have failed certification. 8-(e) Nothing in this section shall be construed to limit or alter obligations 9-under the Individuals with Disabilities Education Act, Section 504 of the 10-Rehabilitation Act, or the Americans with Disabilities Act. Schools shall 11-provide reasonable modifications and necessary assistive technology to ensure 12-Free Appropriate Public Education and equal access. 13-(f)(1) A provider that violates this section commits an unfair and deceptive 14-act in commerce in violation of section 2453 of this title. 15-(2) The Attorney General shall have the same authority under this 16-subchapter to make rules, conduct civil investigations, bring civil actions, and 17-enter into assurances of discontinuance as provided under chapter 63 of this 18-title. 19-* * * 20-BILL AS INTRODUCED H.650-2026 Page 7 of 7--VT LEG #386313 v.1-Sec. 2. CERTIFICATION TRANSITION 1-A school shall submit a list of educational technology products, as that term 2-is defined in 9 V.S.A. § 2444a, that are currently in use at the school to the 3-Secretary of State on or before December 15, 2026, in a form and manner 4-prescribed by the Secretary of State. A school may use an educational 5-technology product that has not been certified by the Secretary of State on or 6-before June 30, 2027. 7-Sec. 3. EFFECTIVE DATES 8-This act shall take effect on July 1, 2026, except that 9 V.S.A. § 2444c(a)(2) 9-(certified product requirement) shall take effect on July 1, 2027. 10+H.650++An act relating to educational technology products++Sponsors:++Rep. Angela Arsenault, Rep. Edye Graning,++Location: Senate Committee on Finance++Last Recorded Action: 5/13/2026 - Referred to Committee on Finance per Senate Rule 31++Committee Activity - Meeting Full List++Regular Session 2025-2026++Wednesday, January 21, 2026++ Committee(s):++ House Committee on Commerce and Economic Development,++ 10:15 AM++H.650 - An act relating to educational technology products++Introduction++ Rep. Angela Arsenault, Sponsor++ Rep. Edye Graning, Co-sponsor++Tuesday, February 3, 2026++ Committee(s):++ House Committee on Commerce and Economic Development,++ 9:30 AM++H.650 - An act relating to educational technology products++Walk-through++ Rik Sehgal, Legislative Counsel, Office of Legislative Counsel++Friday, February 6, 2026++ Committee(s):++ House Committee on Commerce and Economic Development,++ 1:00 PM++H.650 - An act relating to educational technology products++Walk-through and Testimony++ Rik Sehgal, Legislative Counsel, Office of Legislative Counsel++ Lauren Hibbert, Deputy Secretary of State, Secretary of State's Office++ Todd Daloz, Director of Policy and Legislative Affairs, Attorney General's Office++ Jill Anderson, Mindful Tech Lessons++ Jared Cooney Horvath, Author++ Faith Boninger, National Education Policy Center++ Lisa LeVasseur, Internet Safety Labs++ Emily Cherkin, The Screentime Consultant++ Jeff Wallis, IT Director, Mount Mansfield Unified Union School District++Thursday, February 26, 2026++ Committee(s):++ House Committee on Commerce and Economic Development,++ 9:05 AM++H.650 - An act relating to educational technology products++ Rik Sehgal, Legislative Counsel, Office of Legislative Counsel++ Lisa LeVasseur, Internet Safety Labs++ Travis Gilly, Founder and Executive Director, Real Safety AI Foundation++ Andrew Liddell, Ed Tech Law Center++ Patricia Aigner, Director of Instructional Technology, Rutland City Public Schools++ Renee Badeau, Director of Curriculum, Central Vermont Supervisory Union++Thursday, March 12, 2026++ Committee(s):++ House Committee on Commerce and Economic Development,++ 10:50 AM++H.650 - An act relating to educational technology products++Mark-up++ Rik Sehgal, Legislative Counsel, Office of Legislative Counsel++ Josh Blumberg, Ed Tech Program Manager, Agency of Education++ Zoie Saunders, Secretary, Agency of Education++ David Hall, Director of Business Services, Secretary of State's Office++Friday, March 13, 2026++ Committee(s):++ House Committee on Commerce and Economic Development,++ 2:10 PM++H.650 - An act relating to educational technology products++Mark-up and Vote++ Rik Sehgal, Legislative Counsel, Office of Legislative Counsel++Friday, March 20, 2026++ Committee(s):++ House Committee on Ways and Means,++ 1:00 PM++H.650 - An act relating to educational technology products++vote++ Rik Sehgal, Legislative Counsel, Office of Legislative Counsel++ Julia Richter, Principal Fiscal Analyst, Joint Fiscal Office++ Rep. Edye Graning, Reporter, House Committee on Commerce and Economic Development++Wednesday, April 8, 2026++ Committee(s):++ Senate Committee on Education,++ 1:45 PM++H.650 - An act relating to educational technology products++Walk-through and Introduction++ Rik Sehgal, Legislative Counsel, Office of Legislative Counsel++ Rep. Edye Graning, Reporter, House Committee on Commerce and Economic Development++Tuesday, April 14, 2026++ Committee(s):++ Senate Committee on Education,++ 2:10 PM++H.650 - An act relating to educational technology products++Witness Testimony++ Abigail Wilson, Director of State Policy, Software & Information Industry Association++ Josh Blumberg, Ed Tech Program Manager, Agency of Education++ Erin Davis, Chief Academic Officer, Agency of Education++ Rep. Angela Arsenault, Sponsor, Chittenden-2++ Walter Ripley, Board President, VITA-Learn++ Peter Drescher, Vice President, VITA-Learn++Friday, April 17, 2026++ Committee(s):++ Senate Committee on Education,++ 1:15 PM++H.650 - An act relating to educational technology products++ Rep. Angela Arsenault, Sponsor, Chittenden-2++Tuesday, April 21, 2026++ Committee(s):++ Senate Committee on Education,++ 1:35 PM++H.650 - An act relating to educational technology products++Witness Testimony++ Andrew Liddell, Principal, Ed Tech Law Center++ Jared Cooney Horvath, Author++ Lisa LaVasseur, Executive Director, Internet Safety Labs++ David Hall, Director of Business Services, Secretary of State's Office++ Peter Drescher, Vice President, VITA-Learn++ Patrick Lawrence, Parent++ 4:30 PM++H.650 - An act relating to educational technology products++Witness Testimony (continued)++ Faith Boninger, Publications Manager and Co-Director of Commercialism in Education Research Unit, National Education Policy Center++Thursday, April 30, 2026++ Committee(s):++ Senate Committee on Education,++ 1:45 PM++H.650 - An act relating to educational technology products++Walk-through of new draft++ Rik Sehgal, Legislative Counsel, Office of Legislative Counsel++Monday, May 4, 2026++ Committee(s):++ Senate Committee on Education,++ 8:30 AM++H.650 - An act relating to educational technology products++Please note that committee members will be on Zoom.++Witness Testimony++ Todd Daloz, Director of Policy and Legislative Affairs, Attorney General's Office++ Rik Sehgal, Legislative Counsel, Office of Legislative Counsel++ Libby Bonesteel, Superintendent, Montpelier Roxbury School District++ Michael Berry, Director of Curriculum and Technology, Montpelier Roxbury School District++ Josh Blumberg, Ed Tech Program Manager, Agency of Education++Friday, May 8, 2026++ Committee(s):++ Senate Committee on Education,++ 4:00 PM++H.650 - An act relating to educational technology products++Review of new draft and mark-up++ Rik Sehgal, Legislative Counsel, Office of Legislative Counsel++Tuesday, May 12, 2026++ Committee(s):++ Senate Committee on Education,++ 2:15 PM++H.650 - An act relating to educational technology products++Vote++ Rik Sehgal, Legislative Counsel, Office of Legislative Counsel++Friday, May 15, 2026++ Committee(s):++ Senate Committee on Finance,++ 3:05 PM++H.650 - An act relating to educational technology products++Walk-through and possible vote++ Rik Sehgal, Legislative Counsel, Office of Legislative Counsel++ Ezra Holben, Fiscal Analyst, Joint Fiscal Office++Wednesday, May 20, 2026++ Committee(s):++ Senate Committee on Finance,++ 1:00 PM++H.650 - An act relating to educational technology products++ Sen. Kesha Ram Hinsdale, Reporter, Senate Education Committee++ Josh Blumberg, Ed Tech Program Manager, Agency of Education++ Libby Bonesteel, Superintendent, Montpelier Roxbury School District++ Michael Berry, Director of Curriculum and Technology, Montpelier Roxbury School District++ Sue Ceglowski, Executive Director, Vermont School Boards Association++ Jay Nichols, Senior Executive Director, Vermont Principals' Association++ Jeff Fannon, Executive Director, Vermont National Education Association++ Patrick Lawrence, Parent
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