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Subcommittee adopts substitute expanding student privacy rules to school-issued devices
Summary
The subcommittee voted to recommend reporting a substitute that expands an existing student data-privacy statute to apply to school-issued devices and the vendors supplying them, adding definitions and technical clarifications requested by school boards and counsel.
The Senate K–12 Subcommittee recommended reporting a substitute to Senate Bill 1486 that amends Virginia’s existing student data privacy statute to explicitly include school-issued devices and related contractual obligations for vendors.
Patron Senator Ciphers said the intent is to close a statutory gap: current code addresses student data stored on servers and by online service providers but does not clearly cover data stored locally on devices issued to students. The substitute expands the existing code section (Va. Code §22.1‑289.01) rather than creating a parallel new section and adds definitions (including school-issued device) and provisions limiting collection of keystrokes and intrusive monitoring absent a court order or legal requirement.
The Virginia School Boards Association and other local-district witnesses asked for technical edits; counsel drafted the substitute during the hearing to address those concerns. The Virginia Education Association indicated support for the substitute. The subcommittee voted unanimously to recommend reporting the substitute to the full committee.
The substitute emphasizes prohibitions on marketing and sale of student data, extends vendor obligations to devices provided under contract and directs the Department of Education to develop guidance. Members asked clarifying questions about keystroke logging and monitoring carve-outs for safety and legal compliance; the substitute narrows those exceptions to court orders, safety investigations or compliance with state/federal law.
