[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;