New York proposal would limit school devices and require offline options

Schools would limit students’ access to devices based on grade level. The rules cover public school districts, charter schools, and boards of cooperative educational services, from pre-kindergarten through grade twelve. For grades nine through twelve, schools may offer individual devices only with clear, informed caregiver consent. Separate caregiver consent is needed for use away from school grounds. Before seeking consent, schools must explain the device, its software, blocked features, and non-digital options.

Schools and teachers would offer ways to learn and complete work without devices. Homework rules cover pre-kindergarten through grade twelve; the refusal option covers school tasks using school-issued devices. Students or caregivers could refuse a school-issued device for a task when a reasonable non-digital option exists, including for required tests. The refusal option does not apply when technology is part of the learning goal, including computer science and digital fluency work. Schools could still require technology for such tasks and for accessibility or translation. Schools could not punish or retaliate against students for using these rights.

Schools would restrict services and content on school-issued devices and in school communications. The device rules cover devices schools provide to students; the communication rules cover official school business with students. Devices could not include social media, games, messaging services, AI companions, generative AI, or cameras. Conversational AI is also barred, except when used as assistive technology for a person with a disability. Devices and their applications could display instructional media only and could not let students search for unrelated media. School staff could not use social media for official messages to students, and students could not be required to create social media accounts for school activities.

Education technology providers would register products with the attorney general, and schools could use only registered products. The registry covers education technology providers seeking to offer products to New York schools. Providers would attest that their products are suited to the grade level, meet listed privacy and safety requirements, limit distractions and unrelated searches, and have at least one independent study showing better performance on specific curriculum goals. Providers must report significant product changes and register changed versions again. The attorney general may charge a fee to cover registry costs.

Education technology and device providers would face limits on using student data. The rules cover third-party contractors that provide education technology or devices under an agreement with an educational agency. Providers could process a student's identifying information only as strictly needed for listed purposes, such as providing a requested service, fixing technical problems, meeting legal duties, or protecting security. Internal business operations could not include marketing, advertising, research and development, training AI, or encouraging students to use a product when it is not in use. Contracts made on or after this requirement takes effect must let schools end them with 90 days’ written notice, or immediately after a finding that the provider violated the listed rules. The contract terms apply to agreements made on or after the effective date of this requirement.