bill letting students with disabilities use otherwise barred devices

The text as introduced · 634 words

90R2992 MEW-F

By: Menéndez
S.B. No. 124

A BILL TO BE ENTITLED

AN ACT

relating to standards adopted by the Texas Education Agency

regarding the use of electronic devices and software applications

by public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 32.1021, Education Code, is amended to

read as follows:

Sec. 32.1021. STANDARDS. The agency shall 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:

(1) minimize data collection conducted on students

through electronic devices and software applications;

(2) 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) an assessment instrument under Subchapter B,

Chapter 39; or

(B) an assessment relating to college, career, or

military readiness for which student performance is considered in

evaluating a school district's performance under Section 39.054;

(3) 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;

(4) ensure that parents are provided the resources

necessary to understand cybersecurity risks and online safety

regarding their child's use of electronic devices before the child

uses an electronic device at the child's school;

(5) specify periods of time during which an electronic

device transferred to a student must be deactivated in the interest

of student safety;

(6) consider necessary adjustments by age level to the

use of electronic devices in the classroom to foster development of

students' abilities regarding spending school time and completing

assignments without the use of an electronic device;

(7) consider appropriate restrictions on student

access to social media websites or applications with an electronic

device transferred to a student by a district or school;

(8) provide for exceptions to the standards to allow a

student with a disability, in accordance with an individualized

education program developed by the student's admission, review, and

dismissal committee under Section 29.005 or a plan developed by a

team established for the student under Section 504, Rehabilitation

Act of 1973 (29 U.S.C. Section 794), to use as a reasonable

accommodation or assistive technology electronic devices or

software applications that otherwise might not be permissible under

the standards;

(9) [ (8) ] 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 as the social media application

is unavailable for that educational purpose;

(10) [ (9) ] 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:

(A) self-harm;

(B) suicide;

(C) violence to others; or

(D) illicit drugs;

(11) [ (10) ] assign to the appropriate officer of a

district or school the duty to receive complaints or concerns

regarding student use of electronic devices, including

cybersecurity and online safety concerns, from district or school

staff, other students, or parents; and

(12) [ (11) ] provide methods by which a district or

school may ensure an operator, as that term is defined by Section

32.151, that contracts with the district or school to provide

software applications complies with Subchapter D.

SECTION 2. This Act applies beginning with the 2027-2028

school year.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2027.