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A1960
ASSEMBLY, No. 1960
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
���� Prohibits cloud computing service providers from
disclosing data collected from public, private, or charter schools.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning cloud computing service provider
contracts with public, private, or charter schools and supplementing Title 18A
of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� As used in P.L.��� ,
c.��� (C.����� ) (pending before the Legislature as this bill):
���� "Charter school"
means a school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.).
���� �Cloud computing service�
means a service that enables on-demand self-service network access to a shared
pool of configurable computer resources to provide a school�s student, teacher,
or staff member account-based productivity applications such as electronic
mail, document storage, and document editing, which can be rapidly provisioned
and released with minimal management effort or cloud computing service provider
interaction.
���� �Cloud computing service
provider� means an entity, other than an educational institution, that operates
a cloud computing service.
���� �Educational record� means an
official record, file, or data, in any medium or format, directly related to a
student as provided by a student in the course of the student�s use of the
cloud computing service, or provided and maintained by the school, including,
but not limited to, records encompassing all the material kept in the student's
cumulative folder, such as general identifying data, electronic mail addresses,
records of attendance, records of academic work, records of achievement, results
of evaluative tests, health data, disciplinary status, test protocols, and
individualized education programs.
���� �Private school� shall have
the same meaning as provided in N.J.S.18A:1-1.
���� �Process� or �processing�
means to use, access, manipulate, scan, modify, transform, disclose, store,
transmit, transfer, retain, aggregate, or dispose of educational records.
���� �Public school� shall have the
same meaning as provided in N.J.S.18A:1-1.
���� �School� means a charter,
private, or public school.
���� 2.��� a.� A cloud computing
service provider to a school in this State shall not disclose an educational
record collected or maintained by the cloud computing service provider to any
person other than a student, teacher, or staff member of the school.� A cloud
computing service provider shall process or monitor an educational record
solely to provide the cloud computing service to the school and to maintain the
integrity of the cloud computing service.
���� b.��� A cloud computing
service provider to a school shall certify in writing to the school that it
shall comply with the terms and conditions set forth in this section.
���� 3.��� A cloud computing
service provider who discloses or willfully permits the disclosure of
information contained in an educational record in violation of section 2 of P.L.���
, c.��� (C.����� ) (pending before the Legislature as this bill), or any rule
or regulation adopted pursuant thereto, shall be subject to a civil penalty of
not more than $5,000 for a first offense and not more than $10,000 for any
subsequent offense.� Each disclosure or willful permission of a disclosure of
an educational record of an individual student shall constitute a separate and
distinct offense.� The penalty shall be collected and enforced in a civil
action in a summary proceeding pursuant to the "Penalty Enforcement Law of
1999," P.L.1999, c.274 (C.2A:58-10 et seq.).� The Superior Court shall
have jurisdiction to enforce the provisions of the "Penalty Enforcement
Law of 1999" pursuant to this section.
���� 4.��� The Commissioner of the
Department of Education shall adopt, pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and
regulations necessary to effectuate the purposes of P.L.��� , c.��� (C.����� )
(pending before the Legislature as this bill).
���� 5.��� This act shall take
effect immediately, but shall remain inoperative for 180 days following the
date of enactment.
STATEMENT
���� This bill prohibits cloud
computing service providers from disclosing an educational record collected or
maintained by the cloud computing service provider to any person other than a
student, teacher, or staff member of the school. A cloud computing service is
to process or monitor educational records solely to provide the cloud computing
service to the public, private, or charter school, and to maintain the
integrity of the cloud computing service.
���� A cloud computing service
provider to a school is to certify in writing to the school that it is to
comply with the terms and conditions set forth in the bill.
���� A violator shall be subject to
a civil penalty of not more than $5,000 for a first offense and not more than
$10,000 for any subsequent offense. The Superior Court is to have jurisdiction
to enforce the provisions of the bill.