AN ACT RELATING TO EDUCATION -- STUDENT COMPUTER DEVICE PRIVACY (Prohibits an educational institution or school district from accessing or using location data for tracking a student's institutional device or personal device, except in limited circumstances.)

S2786

2026 -- S 2786
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LC005365
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO EDUCATION -- STUDENT COMPUTER DEVICE PRIVACY

Introduced By:
Senators Valverde, Lauria, Acosta, McKenney, Euer, and Kallman

Date Introduced:
March 04, 2026

Referred To:
Senate Education
It is enacted by the General Assembly as follows:
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SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by
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adding thereto the following chapter:
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CHAPTER 117
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STUDENT COMPUTER DEVICE PRIVACY
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16-117-1. Definitions.
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As used in this chapter, the following words and terms shall have the following meanings:
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(1) "De-identified" means data from which all personally identifiable information has been
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removed.
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(2) "Educational institution" or "school" means any public institution that offers
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participants, students, or trainees an organized course of study or training that is academic, trade
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oriented or preparatory for gainful employment in a recognized occupation and shall include any
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person acting as an agent of the institution.
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(3) "Institutional device" means any computing device, including computer, laptop, tablet,
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smartphone or other electronic device owned or maintained by the educational institution or school
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district and provided to a student for educational use.
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(4) "Location data" means records of global positioning system or other precise location
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data either recorded historically or in real time.
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(5) "Personal device" means any computing device, including computer, laptop, tablet,
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smartphone or other electronic device provided by the end user being used for educational purposes.

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(6) "School district" means any local education agency and shall include any person acting
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as an agent of the agency.
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(7) "Student" means any student, participant, or trainee, whether full-time or part-time, in
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an organized course of study at an educational institution.
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16-117-2. Restricted access to audio and video functions.
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(a) No educational institution or school district shall activate or access, or request a third
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party, other than a student's parent or legal guardian, to activate or access, any audio or video
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receiving, transmitting, or recording functions on a student's institutional device or personal device,
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unless:
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(1) A student initiates the activation for educational purposes and access is limited to that
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purpose;
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(2) The activation and/or access is ordered pursuant to a judicial warrant; or
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(3) Activation and/or access is deemed reasonably necessary in order to respond to a
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suspected imminent threat to life or safety and is limited to that purpose.
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(b) Within seventy-two (72) hours of activating and/or accessing, or requesting activation
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and/or access by a third party other than the student's parent or legal guardian, to the audio or video
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receiving, transmitting, or recording functions on a student's institutional device or personal device
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pursuant to subsection (a)(3) of this section, the educational institution or school district shall
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provide to the student and their parent or legal guardian a written explanation of the precise threat
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that prompted the access and the data and features that were activated and/or accessed.
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(c) No third party, other than a student's parent or legal guardian, shall activate or access
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any audio or video receiving, transmitting, or recording functions on a student's institutional device
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or personal device for any reason other than those provided in subsection (a) of this section. Within
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seventy-two (72) hours of activating and/or accessing such functions pursuant to subsection (a)(3)
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of this section, the third party shall provide to the educational institution or school district a written
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explanation of the precise threat that prompted the access and the data and features that were
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activated and/or accessed.
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(d) Within seventy-two (72) hours of receiving information pursuant to subsection (c) of
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this section, the educational institution or school district shall forward the explanation to the student
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and their parent or legal guardian.
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16-117-3. Restricted access to location data.
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(a) No educational institution or school district may access or use location data for tracking
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a student's institutional device or personal device, or request a third party other than a student's
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parent or legal guardian, to do so, unless:

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(1) Such access or use is ordered pursuant to a judicial warrant;
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(2) The student to whom the institutional device was provided, or their parent or legal
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guardian, has notified the educational institution or school district in writing that the institutional
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device is missing or stolen, or the device has not been returned when required for inventory
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purposes;
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(3) The access or use is deemed reasonably necessary in order to respond to a suspected
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imminent threat to life or safety and is limited to that purpose; or
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(4) The data is retrieved in a de-identified manner and is used only to determine whether
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the device is on-site or off-site.
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(b) Within seventy-two (72) hours of accessing or using, or requesting a third party other
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than a student's parent or legal guardian to access or use, the location data for a student's
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institutional device or personal device pursuant to subsection (a)(3) of this section, the educational
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institution or school district shall provide to the student and their parent or legal guardian a written
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explanation of the precise threat that prompted the access or use and the data and features that were
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accessed or used.
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16-117-4. Authority to adopt policies.
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School districts shall have the authority to adopt policies to further implement this chapter.
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16-117-5. Penalties.
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(a) In any civil action alleging a violation or proposed violation of this chapter, the court
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may award to a prevailing plaintiff appropriate injunctive and declaratory relief, damages, and
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reasonable attorneys' fees and costs.
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(b) The rights provided a parent or legal guardian under this chapter shall accrue to any
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student who is eighteen (18) years of age or older.
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16-117-6. Exemption for correctional facilities.
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This chapter shall not apply to institutional or personal devices used in a prison or other
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correctional facility or as part of a program run by or on behalf of such a facility.
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SECTION 2. This act shall take effect on August 1, 2026.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO EDUCATION -- STUDENT COMPUTER DEVICE PRIVACY
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This act would prohibit an educational institution or school district from accessing any
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audio or video recording, transmitting or recording function on a student's institutional or personal
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device or using location data for tracking a student's institutional device or personal device, or allow
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a third party to do so, except in limited circumstances. This act would exempt prisons or other
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correctional facilities.
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This act would take effect on August 1, 2026.
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