119-s3063

[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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