NEW YORK CITY — New York students could spend far less time on school-issued screens and have a legal right to complete many assignments without digital devices under proposed legislation that would overhaul how schools use artificial intelligence and education technology.
The Fostering Optimal Classroom Use of Screens, or FOCUS, Act would establish different rules for technology use by grade level, restrict the software and hardware that schools can put on student devices, require education technology companies to register with the state and strengthen protections for student data.
The bill, introduced Aug. 19 by Brooklyn state Sen. Andrew Gounardes, would also direct the State Education Department to update the state's computer science and digital fluency standards to address screen use, social media, synthetic content and media literacy.
"Tech corporations are treating kids like a science experiment, flooding schools with questionable ed tech products without oversight, family input, or basic evaluation," Gounardes said.
Pre-K through fifth grade: Schools could not issue students school-owned devices and would generally have to prohibit students from using internet-enabled or electronic devices on school grounds.
Sixth through eighth grade: Students could use school-issued devices only through a supervised computer lab or cart system, where devices rotate among students.
Ninth through 12th grade: Schools could use either a computer lab or cart system or issue individual devices. But students would need a caregiver's informed consent to receive a one-to-one device. A separate consent would be required if the student could take the device off school grounds.
For students receiving individual devices, schools would have to tell caregivers what device and software the school plans to provide, what features it has blocked and what non-digital alternatives will be available.
The bill would create a statutory right for students to complete schoolwork without digital devices when a reasonable alternative exists.
For students in pre-K through eighth grade, homework could not require internet access, an electronic device or education technology.
High school teachers would have to structure assignments so students could complete them without digital technology whenever feasible.
The bill would also require teachers to prioritize non-digital instruction when feasible and minimize their reliance on school-issued devices in classrooms.
Students and caregivers could refuse to use a school-issued device for an assignment, assessment or other school task when a reasonable non-digital alternative exists.
That right would extend to preparing for and taking standardized tests, unless technology itself is part of the learning objective.
Schools could not penalize or retaliate against students who exercise that right.
Computer science and other activities in which technology is integral to the learning objective would remain exempt.
The bill would prohibit school-issued devices from containing or integrating with:
Schools would also have to prevent students from downloading or integrating those services before distributing the devices.
School-issued devices and their applications could display only instructional media.
Students could not use them to search for media unrelated to an application's instructional purpose.
The bill would also prohibit school employees from using social media for official communications with students. Schools could not require students to create social media accounts to participate in classes, assignments, tests, group discussions or other official school activities.
The FOCUS Act would establish an education technology registry overseen by the state attorney general.
Companies seeking to provide education technology to New York schools would have to register and attest that their products:
Companies would have to notify the attorney general about significant modifications to their products and re-register modified versions when required.
Schools could provide students only education technology included on the state registry.
The attorney general could also establish a complaint system for parents and members of the public to report suspected violations.
The bill would authorize the attorney general to sue education technology and device providers that knowingly circumvent the restrictions.
Potential remedies would include injunctions, restitution, destruction of unlawfully obtained data and damages. Courts could also impose civil penalties of up to $15,000 per violation.
The bill would require the state to update its computer science and digital fluency standards.
The revised standards would address the potential physical and mental health consequences of excessive device use and prolonged social media use.
They would also cover safe use of gaming, social media and messaging platforms, digital citizenship and media literacy, including how to evaluate AI-generated or altered content.
"Tech plays an indispensable role in the modern world, and we should prepare our kids to use it to lead rewarding, successful lives," Gounardes said.
The commissioner would have one year after the law takes effect to submit updated kindergarten-through-12th-grade standards to the Board of Regents.
The bill would expand New York's student-data privacy rules to specifically cover education technology and device providers.
Those companies could process a student's personally identifiable information only when it was strictly necessary for specified purposes, such as providing a requested service, fixing technical problems, protecting against fraud or security threats, complying with the law or responding to legal proceedings.
The bill would prohibit companies from treating certain activities as permissible "internal business operations," including marketing, advertising, developing products for third parties, or using their data to train artificial intelligence.
New contracts would also have to allow school districts to terminate agreements within 90 days after giving written notice, or immediately if a provider violates the law.
The bill would take effect on Aug. 1 following enactment. It would also authorize the state to adopt rules and regulations needed to implement the law.
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