Utah Code § 53E-3-527 — Utah Code / Title 53E / Chapter 53E-3 / § 53E-3-527
§ 53E-3-527. Software in public schools study.
Status: in_force

7/1/2026 (1) As used in this section: (a) "Academic progress" means advancement toward mastery of state academic standards through practice, application, feedback, or demonstration of knowledge or skill. (b) "Academically effective" means software that: (i) is designed to provide support or enable a student's active learning, skill development, or academic progress in the intended subject area; (ii) where applicable, aligns with the public education core standards described in Section 53E-4-202; (iii) does not employ design features that primarily: (A) interfere with active learning; or (B) undermine teacher instructional authority; and (iv) contributes to or enables measurable academic progress or skill development when used as intended. (c) "Active learning" means instruction that requires a student to engage in cognitive processes including analyzing, reasoning, practicing, or creating to understand or apply knowledge or skills. (d) (i) "Addictive design feature" means a feature or component of a digital or online product that encourages or increases a student's frequency, time spent, or engagement with the product. (ii) "Addictive design feature" includes the following features: (A) infinite scroll; (B) autoplay that continues beyond the educational task or lesson; (C) points, badges, or other gamification rewards tied to time spent on the product rather than learning objectives or academic progress; (D) persistent notifications prompting re-engagement when the product is not actively in use, unless: (I) a teacher initiates the notification; and (II) the notification is directly related to assigned schoolwork; (E) personalized recommendation systems designed to maximize time-on-platform rather than learning outcomes; or (F) engagement metrics, streaks, or social comparison features designed to create fear of missing out or compulsive checking behavior. (iii) "Addictive design feature" does not include a: (A) recommendation of next lessons or learning activities based on curriculum progression or mastery of prerequisites; (B) notification about a teacher-assigned or course-required assignment, deadline, or teacher feedback; or (C) feature that encourages active learning rather than passive consumption. (e) "Clickstream data" means data an LEA or third-party provider collects from a student's use of an online service, application, or device that records the student's navigation or sequence of actions. (f) "Digital privacy agreement" means a contract between a contracting entity and a digital provider that: (i) ensures compliance with Chapter 9, Student Privacy and Data Protection; and (ii) governs access, use, protection, retention, and disclosure of student data. (g) "Educational software" means software that: (i) serves an educational purpose; and (ii) is designed for student instruction, assessment, or instructional support. (h) "Passive consumption" means receiving information through viewing, listening, or browsing without requiring the student to engage in cognitive processing necessary to analyze, apply, or create knowledge or skills. (i) "School-issued device" means any electronic hardware device an LEA provides to a student for educational use. (j) "Skill development" means the acquisition or improvement of academic abilities or competencies necessary to perform a task aligned to state academic standards, including guided practice, modeling, or feedback. (k) (i) "Software" means any application, web-based service, plug-in, or other code-based product, regardless of whether the application is free or for purchase, that: (A) runs on or is accessible from a school-issued device; and (B) an LEA assigns, requires, recommends, installs, or otherwise makes available for student use in connection with classroom instruction, including through a school-issued account or identity, regardless of whether the software is accessible on a school-issued or student-owned device. (ii) "Software" includes software an individual uses during school hours in connection with school-related purposes for: (A) instruction; (B) assessment; (C) communication; (D) collaboration; or (E) enrichment. (iii) "Software" does not include physical, electronic hardware. (l) (i) "Student data" means the same as that term is defined in Section 53E-9-301. (ii) "Student data" includes a student's: (A) personal data as that term is defined in Section 13-61-101; (B) metadata, device identifiers, and clickstream data; (C) behavioral, engagement, or usage data; and (D) information a software collects, generates, or infers in the course of student use. (m) "Sub-processor" means a third-party vendor or service that a primary data processor engages to process personal data on the processor's behalf. (2) The state board shall conduct a study regarding the use of software and digital services in public schools and identify best practices related to student learning, safety, and privacy. (3) In conducting the study described in Subsection (2), the state board: (a) shall review and evaluate best practices related to: (i) the academic effectiveness of educational software, including whether software supports: (A) active learning; (B) skill development; and (C) measurable academic progress; (ii) the potential use, cost, benefits, and drawbacks of a single, statewide digital privacy agreement for all educational software used in a public school; (iii) alignment of educational software with state academic standards; (iv) the role of educational software in supporting or supplementing classroom instruction; (v) the distinction between active learning and passive consumption in digital learning tools; (vi) compliance with the sensitive materials requirements described in Section 53G-10-103 as the requirements relate to the use of software in a school; (vii) digital privacy practices for student data, including: (A) data minimization; (B) security safeguards; (C) breach notification practices; (D) data retention and deletion practices; and (E) limits on secondary use of student data; (viii) the collection and use of student data, including: (A) metadata; (B) clickstream data; (C) behavioral or engagement data; and (D) biometric identifiers; (ix) practices related to protecting a student from: (A) advertising or promotional content; (B) commercial exploitation of student data; and (C) algorithmic systems that may prioritize engagement over learning outcomes; (x) educational software design practices that may affect student engagement, including the use of addictive design features; (xi) transparency regarding: (A) data the software collects; (B) third-party service providers or sub-processors; and (C) embedded analytics or artificial intelligence systems; (xii) the use of device features including cameras or microphones in educational software; (xiii) best practices for evaluating the educational value of educational software; and (xiv) any other issue the state board determines relevant to the responsible use of software in public education; and (b) may consult with: (i) educators; (ii) LEAs; (iii) parents; (iv) technology and software providers; (v) researchers; (vi) institutions of higher education; and (vii) other stakeholders the state board determines to be appropriate. (4) Before July 1, 2027, the state board shall: (a) publish on the state board's website guidance and best practices identified through the study described in this section; and (b) distribute the guidance and best practices to each LEA. (5) Upon the request of the Education Interim Committee, the state board shall provide a report summarizing the study and the guidance described in Subsection (4) to the Education Interim Committee.