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HB 5176

AN ACT RELATING TO EDUCATION -- STUDENT COMPUTER DEVICE PRIVACY

2025 Regular Session Introduced by Edith Ajello and 9 co-sponsors

The bill restricts schools from remotely activating or accessing students’ devices’ audio, video, or precise location features, except for limited, clearly defined exceptions.

03/21/2025 Referred to Senate Education
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Bill Summary · HB 5176

Summary — HB 5176: Student Computer Device Privacy (Sub A)

Bill: HB 5176 (Sub A) — “An Act Relating to Education — Student Computer Device Privacy”
Jurisdiction: Rhode Island (adds Chapter 117 to Title 16, Education)
Introduced: Jan 24, 2025. House passed Substitute A on Mar 11, 2025; referred to Senate Education Mar 21, 2025. If enacted, effective date: August 1, 2025.

Purpose

To limit when schools may remotely activate or access audio, video, or precise location features on students’ computing devices (both institution‑owned and student‑owned devices used for education), and to require prompt notification and narrow, enumerated exceptions. The goal is to protect student privacy while preserving limited safety and law‑enforcement exceptions.

Key definitions

  • Institutional device: device owned/maintained by a school and provided to a student.
  • Personal device: device provided by the end user (student) used for educational purposes.
  • Location data: GPS or other precise location records.
  • De‑identified: data stripped of personally identifiable information.

Major provisions / requirements

  • General prohibition: Schools and school districts may not activate or access audio/video receiving, transmitting, or recording functions on a student’s institutional or personal device — nor request a third party (other than the student’s parent/guardian) to do so — except in limited circumstances.
  • Permitted exceptions for audio/video activation or access:
    • Student initiates activation for an educational purpose (and access is limited to that purpose).
    • A judicial warrant orders the activation/access.
    • Activation/access is reasonably necessary to respond to a suspected imminent threat to life or safety (and is limited to that purpose).
  • Location tracking restrictions:
    • School may not access or use precise location data to track a student’s device except when:
    • Ordered by judicial warrant;
    • Student or parent/guardian reports the institutional device missing/stolen or unreturned for inventory;
    • Reasonably necessary to respond to an imminent threat to life or safety; or
    • Data is retrieved in de‑identified form and used only to determine whether device is on‑site or off‑site.
  • Notification requirement:
    • If activation/access occurs under the imminent‑threat exception, the school must provide the student and their parent/guardian a written explanation within 72 hours specifying the precise threat and what features/data were accessed.
    • If a third party (other than parent/guardian) accessed functions, that third party must provide a written explanation to the school within 72 hours; the school must forward it to the student/guardian within 72 hours of receipt.
  • School districts may adopt policies to implement the chapter.
  • Civil remedies: prevailing plaintiffs in civil actions may obtain injunctive/declaratory relief, damages, and reasonable attorneys’ fees. Rights of parents/guardians accrue to students age 18+.
  • Exemption: Does not apply to devices used in prisons or correctional facilities or programs run by them.

Who is affected

  • Public educational institutions, school districts, and their agents.
  • Students (including those using personal devices for education).
  • Parents and legal guardians (notification rights).
  • Third‑party service providers/vendors who manage device management, monitoring, or remote access features.
  • Law enforcement (judicial warrants remain available).

Practical impact and considerations

  • Limits routine remote surveillance or remote activation of cameras/microphones and precise location tracking by schools or vendors.
  • Schools will need to review/update device‑management practices, vendor contracts, incident response and notification procedures, and staff training.
  • Vendors that provide remote monitoring or location services may need to change service offerings or contract terms to comply.
  • Leaves open emergency responses (imminent threat) and warrants; provides a structured notification mechanism to affected families.

Status/Next steps

  • House Substitute A passed the Rhode Island House on March 11, 2025 and was referred to Senate Education March 21, 2025. If the Senate approves and the governor signs, the act would take effect August 1, 2025.

Compiled from official sources — confirm details with the bill’s official record.

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