[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3063 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3063
To improve student privacy, parental choice, and personalized learning
innovation in education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 28, 2025
Mr. Cassidy introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To improve student privacy, parental choice, and personalized learning
innovation in education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Learning Innovation and Family
Empowerment with AI Act'' or the ``LIFE with AI Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', ``parent'', ``secondary school'', and
``State educational agency'' have the meanings give those terms
in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
(2) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 5002
of the National Artificial Intelligence Initiative Act of 2020
(15 U.S.C. 9401).
(3) Directory information.--The term ``directory
information'' has the meaning given the term in section 444 of
the General Education Provisions Act (20 U.S.C. 1232g; commonly
referred to as the `Family Educational Rights and Privacy Act
of 1974').
(4) Educational agency or institution.--The term
``educational agency or institution'' has the meaning given
that term in section 444 of the General Education Provisions
Act (20 U.S.C. 1232g; commonly referred to as the `Family
Educational Rights and Privacy Act of 1974').
(5) Educational technology.--The term ``educational
technology'' means physical or virtual products or services
that support or facilitate learning and improve educational
performance, but does not include curriculum.
(6) Eligible student.--The term ``eligible student'' means
a student who has attained 18 years of age, or is attending an
institution of postsecondary education.
(7) Instant verification technology.--The term ``instant
verification technology'' means a system or software
application, or a network of systems and software, that--
(A) provide real-time notifications to parents of
students or to eligible students, as applicable,
regarding activities that require the consent of such
parents or eligible students, including in the use of
educational technology during enrollment;
(B) enable parents or eligible students, as
applicable, to provide or withhold such consent in
real-time in an easy-to-use interface accessible on
multiple devices, including smartphones, tablets, and
computers; and
(C) incorporate features for recording parental or
eligible student consent or opt-outs while handling
student and parental data in a secure and privacy-
protective manner.
(8) Personalized learning.--The term ``personalized
learning'' means an educational approach that tailors
instruction, content, pacing, and learning environments to the
individual needs, abilities, and interests of each student,
usually using specific technology, including artificial
intelligence and adaptive learning systems, to provide such
customized educational experiences.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Education, or such cabinet-level official as may be
designated by law to carry out the functions vested in the
Secretary of Education as of the date of enactment of this Act.
SEC. 3. IMPROVING PARENTAL NOTIFICATION AND CONSENT FOR EDUCATIONAL
TECHNOLOGY.
(a) Eligible Recipient.--In this section, the term ``eligible
recipient'' means any of the following entities to which the
requirements of section 444 of the General Education Provisions Act (20
U.S.C. 1232g; commonly referred to as the `Family Educational Rights
and Privacy Act of 1974') applies:
(1) An elementary school.
(2) A secondary school.
(3) A local educational agency.
(b) Establishment of the Seal of Excellence.--
(1) Design of the seal.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
finalize the process and requirements for the award of
a certification, to be known as the ``Golden Seal of
Excellence in Student Data Privacy'' (referred to in
this section as the ``Seal'') to recognize eligible
recipients that implement exemplary parental
notification systems that--
(i) use instant verification technology for
consent gathering and validation; and
(ii) are purchased through funds already
available to eligible recipients.
(B) Consultation.--The Secretary shall establish
the process and requirements for the award of the Seal
in accordance with this section and in consultation
with States and local educational agencies, including
by consulting about the appropriate use of opt-outs and
minimizing instructional burdens on schools.
(C) Purpose.--The Seal shall serve as a mark of
distinction, indicating that the awardee has met the
highest standards of student data privacy through
proactive parental and eligible student engagement and
consent management.
(2) Qualifications.--An eligible recipient shall be
qualified to receive the Seal if the eligible recipient has--
(A) not been found guilty of a violation of the
requirements of section 444 of the General Education
Provisions Act (20 U.S.C. 1232g; commonly referred to
as the ``Family Educational Rights and Privacy Act of
1974'') in the previous 5 years;
(B) implemented and maintained an instant
verification technology system for not less than 1
academic year that--
(i) provides parental notifications and
eligible student notifications, as applicable,
on a case-by-case basis and where appropriate,
regarding the intent of the eligible recipient
to use specific educational technology in the
classroom;
(ii) includes information about the purpose
of using the specified educational technology,
the data collection practices of that
educational technology, and the alternative
options for students upon parental or eligible
student opt-out;
(iii) is able to collect parental and
eligible student consent, as applicable,
throughout the academic year; and
(iv) offers an accessible, user-friendly
mechanism for parents or eligible students, as
applicable, to opt-out of the release of some
or all of a student's directory information;
and
(C) in the event that a given consent request
receives a majority of denials from parents and
eligible students in a given circumstance, a process
established by the eligible recipient for convening a
meeting with parents and eligible students to discuss
their concerns and reservations about the educational
technology in question.
(c) Awarding of the Seal.--
(1) State level administration.--
(A) In general.--A State educational agency may
elect to participate in the program under this section
and award the Seal to qualified eligible recipients in
accordance with paragraph (2).
(B) Process.--State educational agencies that
participate in the program under this section (referred
to in this section as ``participating State educational
agencies'') shall establish and use the process
described in paragraph (2), by which eligible
recipients may apply, including by submitting
documentation demonstrating compliance with the
qualification criteria under subsection (b)(2).
(2) Application and review process.--
(A) Application.--Eligible recipients seeking the
Seal shall submit an application to the participating
State educational agency of their respective State,
including--
(i) a description of the instant
verification technology system implemented;
(ii) evidence of parental and eligible
student engagement and consent collection
practices, such as sample notifications,
consent forms, and appropriate opt-out
mechanisms; and
(iii) any additional information as may be
required by the participating State educational
agency to assess compliance with the
qualification criteria under subsection (b)(2).
(B) Awards.--Each participating State educational
agency shall review each application on a rolling basis
and award the Seal to eligible recipients that meet or
exceed such qualification criteria.
(3) Expiration.--The Seal shall expire after 5 years,
unless a recipient submits and meets or surpasses the
qualifications described under subsection (b)(2) again in the
5th year of holding the Seal, at which point the Seal remains
valid for another 5 years.
(4) Recognition and reporting.--
(A) Record.--Each participating State educational
agency shall maintain a public record of all eligible
recipients in the State that have been awarded the
Seal.
(B) Report.--Each participating State educational
agency shall submit an annual report by the end of the
State educational agency's fiscal year to the Secretary
providing the number of eligible recipients that have
received the Seal during the preceding fiscal year.
(d) Implementation Timeline.--Each State educational agency that
desires to participate in the program under this section shall
establish the application process and begin receiving applications for
awarding the Seal not later than 12 months after the Secretary
finalizes the process and requirements for the Seal.
SEC. 4. DIRECTORY INFORMATION OPT-OUT SIMPLIFICATION.
(a) In General.--Section 444(a)(5) of the General Education
Provisions Act (20 U.S.C. 1232g(a)(5); commonly referred to as the
`Family Educational Rights and Privacy Act of 1974') is amended by
striking subparagraph (B) and inserting the following:
``(B) No funds shall be made available under any
applicable program to any educational agency or
institution that makes public directory information or
allows access to directory information, unless such
agency or institution meets each of the following
requirements:
``(i) Provides legible, accessible public
notice, including notice online on the agency
or institution's website, of--
``(I) the categories of information
that it has designated as directory
information with respect to each
student attending the institution or
agency;
``(II) the rights of parents to
opt-out of allowing the release of some
or all of the student's directory
information; and
``(III) the form necessary for such
opt-out, which shall be easily legible
and not take longer than 5 minutes for
the average adult to complete.
``(ii) Allow a reasonable period after such
notice has been given for a parent to complete
the form described in clause (i)(III).
``(iii) Ensure that the opt-out form
described in clause (i)(III) shall be
accessible year-round and available on multiple
digital devices, including mobile phones.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 1 year after the date of enactment of this Act.
SEC. 5. RESTRICTING USE OF FACIAL RECOGNITION AND STUDENT PHOTO DATA IN
SCHOOLS.
(a) Prohibition on Use of Student Photographs for Facial
Recognition AI.--Section 444 of the General Education Provisions Act
(20 U.S.C. 1232g; commonly referred to as the ``Family Educational
Rights and Privacy Act of 1974'') is amended by adding at the end the
following:
``(k) Facial Recognition Technology.--No funds shall be made
available under any applicable program to any educational agency or
institution unless such agency or institution prohibits--
``(1) the use of student photographs for training facial
recognition systems, including those using artificial
intelligence, without prior parental consent; and
``(2) doing business with a company that offers yearbook
production services and uses facial recognition technology in
the provision of such services, unless that company discloses
such use and obtains parental consent for the use of facial
recognition technology.
``(l) Yearbook Production.--No funds shall be made available under
any applicable program to any educational agency or institution unless
such agency or institution prohibits doing business with a company that
offers yearbook production services that sells data collected during
the creation or processing of a yearbook.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 1 year after the date of enactment of this Act.
SEC. 6. REDEFINING AN EDUCATION RECORD UNDER FERPA.
(a) Education Records.--Paragraph (4) of section 444(a) of the
General Education Provisions Act (20 U.S.C. 1232g(a)(4)(A); commonly
referred to as the ``Family Educational Rights and Privacy Act of
1974'') is amended to read as follows:
``(4)(A) For purposes of this section, the term `education
records' means, except as may be provided otherwise in
subparagraph (B), any data or materials which--
``(i) contain information related to a student,
including data related to academic performance,
attendance, health, and discipline; and
``(ii) are maintained by an educational agency or
institution or by an entity acting for or in
coordination with such agency or institution.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 1 year after the date of enactment of this Act.
SEC. 7. CONTRACTS WITH THIRD PARTIES REGARDING EDUCATIONAL TECHNOLOGY.
(a) FERPA Requirements for Third-party Contracts.--Section 444 of
the General Education Provisions Act (20 U.S.C. 1232g; commonly
referred to as the `Family Educational Rights and Privacy Act of 1974')
as amended by sections 4, 5, and 6, is further amended by adding at the
end the following:
``(m) Contracts With Third Parties Regarding Educational
Technology.--
``(1) Covered contracts.--In this subsection, the term
`covered contract' means the privacy policy of any contract or
agreement--
``(A) between an educational agency or institution
and a third party; and
``(B) that pertains to educational technology (as
defined in section 2 of the Learning Innovation and
Family Empowerment with AI Act) that involves education
records, or personally identifiable information
contained therein, including directory information.
``(2) Requirements for contracts.--No funds shall be made
available under any applicable program to any educational
agency or institution unless such agency or institution--
``(A) makes publicly available, for a period of not
less than 2 weeks prior to execution, each covered
contract that the agency or institution is considering
executing;
``(B) as part of each covered contract, requires
the third party to certify that the third party will
ensure student data privacy and comply with all
applicable privacy laws regarding student data,
including the consent requirements that apply to
education records; and
``(C) as part of each covered contract, requires
the third party to agree that the third party--
``(i) may be reported to the Secretary if
an educational agency or institution, or a
student, alleges that the third party is not in
compliance with the requirements described in
subparagraph (B);
``(ii) may be investigated by the Secretary
to ascertain the veracity of such claim by an
educational agency or institution or student;
and
``(iii) if the Secretary determines, after
such an investigation, that such third party is
not in compliance with the requirements
described in subparagraph (B), will be included
on a publicly available list created by the
Secretary of third parties that are not in
compliance with such requirements for a period
of 5 years after the determination by the
Secretary, as described in section 7(c) of the
Learning Innovation and Family Empowerment with
AI Act.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to require that trade secrets or proprietary
information of third parties be made public.''.
(b) Model Privacy Policies.--
(1) In general.--The Secretary shall create a model student
data privacy agreement for use by an educational agency or
institution as part of a covered contract (as defined in
section 444(m) of the General Education Provisions Act (20
U.S.C. 1232g(m)); commonly referred to as the `Family
Educational Rights and Privacy Act of 1974'), as added by
subsection (a). The model shall promote clarity and consistency
in student data privacy protections as part of covered
contracts.
(2) Development of model form.--The Secretary and the
Privacy Technical Assistance Center described in section 8
shall partner with educational agencies and institutions,
education technology companies, parents, and relevant third
parties to develop such a model agreement and may consider the
Student Data Privacy Consortium's ``National Data Privacy
Agreement'' in developing such model.
(c) Public Online Resource for Privacy Violations.--
(1) Creation of public online resource.--Not later than 2
years after the date of enactment of this Act, the Secretary
shall develop and maintain a publicly accessible, machine-
readable online resource listing third parties that--
(A) have executed a covered contract (as defined in
subsection (m) of section 444 of the General Education
Provisions Act (20 U.S.C. 1232g(m)); commonly referred
to as the `Family Educational Rights and Privacy Act of
1974'), as added by subsection (a); and
(B) the Secretary has determined, in accordance
with paragraph (2)(C) of such subsection, are in
violation of the requirements described in paragraph
(2)(B) of such subsection, regarding student data
privacy in covered contracts.
(2) Appeal.--
(A) In general.--The Secretary shall establish a
process whereby third parties that are included in the
list described in paragraph (1) may appeal such
listing.
(B) Deadline for determination.--The Secretary
shall issue a determination about an appeal not later
than 6 months after an appeal has been submitted to the
Secretary.
(C) Limitation on additional appeals.--After a
determination of an appeal under subparagraph (B), a
third party shall not have another opportunity to
appeal a determination under this subsection, unless
there was a change in a Presidential administration
between the date on which the third party submitted the
initial request to appeal under this paragraph and the
date on which such appeal determination under
subparagraph (B) was made.
(3) Period of time.--
(A) In general.--Subject to paragraph (2), a third
party shall remain on the list described in paragraph
(1) for a period of 5 years after the date on which the
third party was placed on that list, unless the
violation is remediated in accordance with subparagraph
(B).
(B) Remediation.--A third party shall be removed
from the list described in paragraph (1) when the
Secretary determines that the third party is no longer
in violation of the requirements of subsection (m) of
section 444 of the General Education Provisions Act (20
U.S.C. 1232g(m), commonly referred to as the ``Family
Educational Rights and Privacy Act of 1974''), as added
by section 7. The third party shall be removed from the
list not later than 1 week after the date of such a
determination.
(d) Effective Date.--The amendment made by subsection (a) shall
take effect 1 year after the date of enactment of this Act.
SEC. 8. SUPPORT FOR REVIEWING EDUCATIONAL TECHNOLOGY.
(a) Privacy Technical Assistance Center.--
(1) Center established.--Not later than 6 months after the
date of enactment of this Act, the Secretary shall establish
and maintain a privacy technical assistance center (referred to
in this section as the ``Center''), to build the capacity of
educational agencies and institutions, State educational
agencies, and other entities, including education technology
providers, to protect the privacy of students, families,
educators, and other school professionals.
(2) Covered requirements.--The Center shall help such
agencies, institutions, and other entities understand and
satisfy their responsibilities under Federal privacy laws,
including section 444 of the General Education Provisions Act
(20 U.S.C. 1232g, commonly referred to as the ``Family
Educational Rights and Privacy Act of 1974'') and section 445
of such Act (20 U.S.C. 1232h; commonly referred to as the
``Protection of Pupil Rights Amendment''), and other Federal
privacy laws applicable to education records and other
confidential data, which are collectively referred to in this
section as ``covered requirements''.
(b) Safe Harbor Provision.--
(1) In general.--In carrying out the purpose described in
subsection (a), the Center may approve 1 or more voluntary safe
harbor programs that meet the criteria described in paragraph
(2) (referred to in this section as an ``approved program'')
that are operated by an independent organization. Such approved
programs may provide safe harbor benefits described in
paragraph (4) for providers of educational technology that
elect to participate in an approved program for the purpose of
ensuring compliance with this Act and the covered requirements.
(2) Criteria for approval.--To be an approved program, an
organization shall--
(A) provide standards and controls that are at
least as protective of student privacy, parental
rights, and data security as the covered requirements;
(B) include mechanisms for initial certification,
ongoing monitoring, and periodic independent
assessments of participants;
(C) require timely consumer- and school-facing
remedies, including clear notice, accessible consent
and opt-out pathways, and data minimization, retention,
and security practices;
(D) establish a process to receive, investigate,
and resolve complaints from parents, eligible students,
schools, and State educational agencies; and
(E) provide for meaningful disciplinary measures,
including suspension or termination from the approved
program, for material noncompliance.
(3) Application and approval.--
(A) In general.--An operator of a prospective
approved program shall submit to the Center an
application describing how the program satisfies the
requirements described in paragraph (2).
(B) Time for approval.--The Center shall approve or
deny such an application not later than 180 days after
receipt of the application.
(C) Publication of criteria and decisions.--The
Center shall publish approval criteria and approval
decisions relating to approved programs and prospective
approved programs on a public website.
(D) Conditions.--The Center may condition approval
of a prospective approved program on modifications
necessary to establish that participating providers of
educational technology ensure parity with, or greater
protection than, the covered requirements.
(4) Effect of safe harbor.--Subject to paragraph (6), a
provider of educational technology that is a participant in
good standing in an approved program and in material compliance
with that program's requirements shall be presumed to satisfy
the covered requirements with respect to the practices subject
to that approved program, unless the Center determines, after
notice and an opportunity to respond, that the approved program
or participating provider of educational technology is
materially deficient.
(5) Maintenance of approved programs.--The Center may
revoke or suspend an approved program's approval upon a
finding, after notice and opportunity to respond, that the
program no longer satisfies the requirements of paragraph (2).
Revocation or suspension shall be prospective and shall include
reasonable wind-down provisions for participants. The Center
shall provide written notice to the approved program not less
than 30 days before revoking or suspending an approved program.
(6) No limitation on enforcement.--Participation by a
provider of educational technology in an approved program shall
not preclude the Secretary from enforcing this Act or the
covered requirements. Participation and material compliance
with an approved program shall be an affirmative defense to
alleged violations of the covered requirements with respect to
the practices subject to that approved program.
(7) Rule of construction.--Nothing in this subsection shall
be construed to create a private right of action.
SEC. 9. SUPPORTING AI INTEGRATION IN K-12 CLASSROOMS.
(a) Technology Training Resources.--The Secretary, in coordination
with the Institute of Education Sciences, shall develop resources and
training guides for elementary school and secondary school teachers on
integrating artificial intelligence technologies into instruction,
including methods of use that protect student data privacy.
(b) ESEA Amendment.--Clause (i) of section 2103(b)(3)(E) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613
(b)(3)(E)) is amended to read as follows:
``(i) effectively integrate existing and
emerging technology into curricula and
instruction (including education about how to
use artificial intelligence to enhance
personalized learning, in addition to the harms
of copyright piracy and improper student use of
artificial intelligence);''.
SEC. 10. IMPROVING PERSONALIZED LEARNING.
(a) AI in Education Priority.--Not later than 180 days after the
date of enactment of this Act, in carrying out the activities of the
Small Business Innovation Research Program (as defined in section 9(e)
of the Small Business Act (15 U.S.C. 6389(e))), referred to in this
section as the ``SBIR program'', the Secretary shall prioritize
educational artificial intelligence research and development to foster
innovation in personalized learning technologies, in accordance with
subsection (b).
(b) Criteria for Prioritization.--Not later than 180 days after the
date of enactment of this Act, in awarding grants, contracts, or
cooperative agreements under the SBIR program, the Secretary shall give
priority to proposals that--
(1) seek to incorporate artificial intelligence into
education without reducing or inhibiting students' critical
thinking skills; and
(2) meet 2 or more of the following criteria:
(A) Projects that demonstrate the potential to
significantly enhance personalized learning experiences
by adapting to individual student needs, improving
student achievement, and addressing learning gaps.
(B) Projects that aim to make artificial
intelligence technologies accessible to all students,
including students with special education needs.
(C) Projects that incorporate cutting-edge
computational techniques to create innovative tutoring
solutions.
(D) Projects that demonstrate a clear strategy for
integrating artificial intelligence into classroom
settings for efficiency and personalized learning,
including training resources for teachers and
administrators and compatibility with existing
educational tools and curricula.
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