Software in Education Amendments

36
53E-1-201
53E-3-527
53E-1-201
53E-3-527
0
Software in Education Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: Doug Fiefia

Cosponsor:
Brady Brammer
LONG TITLE
General Description:
This bill requires the State Board of Education (state board) to study best practices
regarding the use of software in public schools.
Highlighted Provisions:
This bill:
defines terms;
requires the state board to:
conduct a study regarding the use of software and digital services in public schools;
review best practices related to the educational effectiveness, design, and data
practices of software that students use;
publish guidance describing best practices for the responsible use of software in a
public school; and
upon request, report the findings of the study to the Education Interim Committee; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53E-1-201
Effective
07/01/26
Partially Repealed
07/01/27
, as last amended by Laws
of Utah 2025, First Special Session, Chapter 9
ENACTS:
53E-3-527
Effective
07/01/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53E-1-201
is amended to read:
53E-1-201
Effective
07/01/26
Partially Repealed
07/01/27
. Reports to and
action required of the Education Interim Committee.
(1)
In accordance with applicable provisions and Section
68-3-14
, the following recurring
reports are due to the Education Interim Committee:
(a)
the report described in Section
9-22-109
by the STEM Action Center Board,
including the information described in Section
9-22-113
on the status of the computer
science initiative and Section
9-22-114
on the Computing Partnerships Grants
Program;
(b)
the prioritized list of data research described in Section
53H-15-303
and the report
on research and activities described in Section
53H-15-305
by the Utah Data
Research Center;
(c)
the report described in Section
53H-1-203
by the Utah Board of Higher Education on
career and technical education issues and addressing workforce needs;
(d)
the annual report of the Utah Board of Higher Education described in Section
53H-1-203
;
(e)
the reports described in Section
53H-7-603
by the Utah Board of Higher Education
regarding activities related to campus safety;
(f)
the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(g)
the annual report described in Section
53E-2-202
by the state board on the strategic
plan to improve student outcomes;
(h)
the report described in Section
53E-3-501
by the state board on students in an LEA
who receive academic credit through the packet method;
(i)
the report described in Section
53E-8-204
by the state board on the Utah Schools for
the Deaf and the Blind;
(j)
the report described in Section
53E-10-703
by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k)
the report described in Section
53F-2-522
regarding mental health screening
programs;
(l)
the report described in Section
53F-4-203
by the state board and the independent
evaluator on an evaluation of early interactive reading software;
(m)
the report described in Section
53F-6-412
by the program manager of the Utah Fits
All Scholarship Program;
(n)
the report described in Section
63N-20-107
by the Governor's Office of Economic
Opportunity on UPSTART;
(o)
the report described in Section
53F-5-215
by the state board related to a grant for an
elementary teacher preparation assessment;
(p)
upon request, the report described in Section
53F-5-219
by the state board on the
Local Innovations Civics Education Pilot Program;
(q)
the report described in Section
53F-5-405
by the state board regarding an evaluation
of a partnership that receives a grant to improve educational outcomes for students
who are low-income;
(r)
the report described in Section
53H-1-604
regarding the Higher Education and
Corrections Council;
(s)
the report described in Section
53G-7-221
by the state board regarding innovation
plans; and
(t)
the reports described in Section
53F-6-412
regarding the Utah Fits All Scholarship
Program.
(2)
In accordance with applicable provisions and Section
68-3-14
, the following occasional
reports are due to the Education Interim Committee:
(a)
in 2027, 2030, 2033, and 2035, the reports described in Sections
53H-1-502
,
53H-1-503
, and
53H-1-504
;
(b)
in 2025, the report described in Section
53H-6-203
by a degree-granting institution
regarding policies on abusive coaching practices;
(c)
upon request, the report described in Section
53E-3-527
by the state board regarding
the study on software in a public school;
(c)
(d)
if required, the report described in Section
53E-4-309
by the state board
explaining the reasons for changing the grade level specification for the
administration of specific assessments;
(d)
(e)
if required, the report described in Section
53E-5-210
by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide
assessment;
(e)
(f)
the report described in Section
53E-10-702
by Utah Leading through Effective,
Actionable, and Dynamic Education;
(f)
(g)
if required, the report described in Section
53F-2-513
by the state board
evaluating the effects of salary bonuses on the recruitment and retention of effective
teachers in high-poverty schools;
(g)
(h)
upon request, the report described in Section
53F-10-303
by the state board
regarding the Rural School Sports Facilities Grant Program;
(h)
(i)
upon request, a report described in Section
53G-7-222
by an LEA regarding
expenditure of a percentage of state restricted funds to support an innovative
education program;
(i)
(j)
the reports described in Section
53G-11-304
by the state board regarding
proposed rules and results related to educator exit surveys; and
(j)
(k)
the report described in Section
26B-5-113
by the Office of Substance Use and
Mental Health, the state board, and the Department of Health and Human Services
regarding recommendations related to Medicaid reimbursement for school-based
health services.
(3)
In accordance with applicable provisions and Section
68-3-14
, every five years the
Education Interim Committee shall review the programs described in the following
sections of code:
(a)
beginning July 1, 2027,
Title
53E, Chapter 10, Part 3
,
Chapter 10, Part 3,
Concurrent Enrollment;
(b)
beginning July 1, 2027, Section
53F-2-408
, Enhancement for Accelerated Students
Program;
(c)
beginning July 1, 2027, Section
53F-2-409
, Concurrent enrollment funding;
(d)
beginning July 1, 2027, Section
53F-2-415
, Student health and counseling support --
Qualifying personnel -- Distribution formula -- Rulemaking;
(e)
beginning July 1, 2028, Section
53F-2-416
, Appropriation and distribution for the
Teacher and Student Success Program;
(f)
beginning July 1, 2028, Section
53F-2-510
, Digital Teaching and Learning Grant
Program;
(g)
beginning July 1, 2028, Section
53F-9-306
, Teacher and Student Success Account;
(h)
beginning July 1, 2028, Title
53G, Chapter 7, Part 13
, Teacher and Student Success
Program; and
(i)
beginning July 1, 2029, Section
53F-2-502
, Dual language immersion.
Section 2. Section
53E-3-527
is enacted to read:
53E-3-527
Effective
07/01/26
. Software in public schools study.
(1)
As used in this section:
(a)
"Academic progress" means advancement toward mastery of state academic
standards through practice, application, feedback, or demonstration of knowledge or
skill.
(b)
"Academically effective" means software that:
(i)
is designed to provide support or enable a student's active learning, skill
development, or academic progress in the intended subject area;
(ii)
where applicable, aligns with the public education core standards described in
Section
53E-4-202
;
(iii)
does not employ design features that primarily:
(A)
interfere with active learning; or
(B)
undermine teacher instructional authority; and
(iv)
contributes to or enables measurable academic progress or skill development
when used as intended.
(c)
"Active learning" means instruction that requires a student to engage in cognitive
processes including analyzing, reasoning, practicing, or creating to understand or
apply knowledge or skills.
(d)
(i)
"Addictive design feature" means a feature or component of a digital or online
product that encourages or increases a student's frequency, time spent, or
engagement with the product.
(ii)
"Addictive design feature" includes the following features:
(A)
infinite scroll;
(B)
autoplay that continues beyond the educational task or lesson;
(C)
points, badges, or other gamification rewards tied to time spent on the product
rather than learning objectives or academic progress;
(D)
persistent notifications prompting re-engagement when the product is not
actively in use, unless:
(I)
a teacher initiates the notification; and
(II)
the notification is directly related to assigned schoolwork;
(E)
personalized recommendation systems designed to maximize
time-on-platform rather than learning outcomes; or
(F)
engagement metrics, streaks, or social comparison features designed to create
fear of missing out or compulsive checking behavior.
(iii)
"Addictive design feature" does not include a:
(A)
recommendation of next lessons or learning activities based on curriculum
progression or mastery of prerequisites;
(B)
notification about a teacher-assigned or course-required assignment, deadline,
or teacher feedback; or
(C)
feature that encourages active learning rather than passive consumption.
(e)
"Clickstream data" means data an LEA or third-party provider collects from a
student's use of an online service, application, or device that records the student's
navigation or sequence of actions.
(f)
"Digital privacy agreement" means a contract between a contracting entity and a
digital provider that:
(i)
ensures compliance with Chapter 9, Student Privacy and Data Protection; and
(ii)
governs access, use, protection, retention, and disclosure of student data.
(g)
"Educational software" means software that:
(i)
serves an educational purpose; and
(ii)
is designed for student instruction, assessment, or instructional support.
(h)
"Passive consumption" means receiving information through viewing, listening, or
browsing without requiring the student to engage in cognitive processing necessary to
analyze, apply, or create knowledge or skills.
(i)
"School-issued device" means any electronic hardware device an LEA provides to a
student for educational use.
(j)
"Skill development" means the acquisition or improvement of academic abilities or
competencies necessary to perform a task aligned to state academic standards,
including guided practice, modeling, or feedback.
(k)
(i)
"Software" means any application, web-based service, plug-in, or other
code-based product, regardless of whether the application is free or for purchase,
that:
(A)
runs on or is accessible from a school-issued device; and
(B)
an LEA assigns, requires, recommends, installs, or otherwise makes available
for student use in connection with classroom instruction, including through a
school-issued account or identity, regardless of whether the software is
accessible on a school-issued or student-owned device.
(ii)
"Software" includes software an individual uses during school hours in
connection with school-related purposes for:
(A)
instruction;
(B)
assessment;
(C)
communication;
(D)
collaboration; or
(E)
enrichment.
(iii)
"Software" does not include physical, electronic hardware.
(l)
(i)
"Student data" means the same as that term is defined in Section
53E-9-301
.
(ii)
"Student data" includes a student's:
(A)
personal data as that term is defined in Section
13-61-101
;
(B)
metadata, device identifiers, and clickstream data;
(C)
behavioral, engagement, or usage data; and
(D)
information a software collects, generates, or infers in the course of student
use.
(m)
"Sub-processor" means a third-party vendor or service that a primary data processor
engages to process personal data on the processor's behalf.
(2)
The state board shall conduct a study regarding the use of software and digital services
in public schools and identify best practices related to student learning, safety, and
privacy.
(3)
In conducting the study described in Subsection
(2)
, the state board:
(a)
shall review and evaluate best practices related to:
(i)
the academic effectiveness of educational software, including whether software
supports:
(A)
active learning;
(B)
skill development; and
(C)
measurable academic progress;
(ii)
the potential use, cost, benefits, and drawbacks of a single, statewide digital
privacy agreement for all educational software used in a public school;
(iii)
alignment of educational software with state academic standards;
(iv)
the role of educational software in supporting or supplementing classroom
instruction;
(v)
the distinction between active learning and passive consumption in digital
learning tools;
(vi)
compliance with the sensitive materials requirements described in Section
53G-10-103
as the requirements relate to the use of software in a school;
(vii)
digital privacy practices for student data, including:
(A)
data minimization;
(B)
security safeguards;
(C)
breach notification practices;
(D)
data retention and deletion practices; and
(E)
limits on secondary use of student data;
(viii)
the collection and use of student data, including:
(A)
metadata;
(B)
clickstream data;
(C)
behavioral or engagement data; and
(D)
biometric identifiers;
(ix)
practices related to protecting a student from:
(A)
advertising or promotional content;
(B)
commercial exploitation of student data; and
(C)
algorithmic systems that may prioritize engagement over learning outcomes;
(x)
educational software design practices that may affect student engagement,
including the use of addictive design features;
(xi)
transparency regarding:
(A)
data the software collects;
(B)
third-party service providers or sub-processors; and
(C)
embedded analytics or artificial intelligence systems;
(xii)
the use of device features including
cameras or microphones in educational
software;
(xiii)
best practices for evaluating the educational value of educational software; and
(xiv)
any other issue the state board determines relevant to the responsible use of
software in public education; and
(b)
may consult with:
(i)
educators;
(ii)
LEAs;
(iii)
parents;
(iv)
technology and software providers;
(v)
researchers;
(vi)
institutions of higher education; and
(vii)
other stakeholders the state board determines to be appropriate.
(4)
Before July 1, 2027, the state board shall:
(a)
publish on the state board's website guidance and best practices identified through
the study described in this section; and
(b)
distribute the guidance and best practices to each LEA.
(5)
Upon the request of the Education Interim Committee, the state board shall provide a
report summarizing the study and the guidance described in Subsection
(4)
to the
Education Interim Committee.
Section 3.
Effective Date.
This bill takes effect on
July 1, 2026
.
3-12-26 10:24 AM