SB 267

Enrolled Copy  S.B. 267
1Software in Education Amendments
                                      2026 GENERAL SESSION
                                            STATE OF UTAH
                                 Chief Sponsor: Kirk A. Cullimore
                                      House Sponsor: Doug Fiefia
  Cosponsor:
  Brady Brammer
2
3  LONG TITLE
4  General Description:
5      This bill requires the State Board of Education (state board) to study best practices
6  regarding the use of software in public schools.
7  Highlighted Provisions:
8      This bill:
9      ▸ defines terms;
10      ▸ requires the state board to:
11●   conduct a study regarding the use of software and digital services in public schools;
12●   review best practices related to the educational effectiveness, design, and data
13  practices of software that students use;
14●   publish guidance describing best practices for the responsible use of software in a
15  public school; and
16●   upon request, report the findings of the study to the Education Interim Committee; and
17      ▸ makes technical and conforming changes.
18  Money Appropriated in this Bill:
19      None
20  Other Special Clauses:
21      This bill provides a special effective date.
22  Utah Code Sections Affected:
23  AMENDS:
24      53E-1-201 (Effective 07/01/26) (Partially Repealed 07/01/27), as last amended by Laws
25      of Utah 2025, First Special Session, Chapter 9
S.B. 267  Enrolled Copy
26   ENACTS:
2753E-3-527 (Effective 07/01/26), Utah Code Annotated 1953
28
29   Be it enacted by the Legislature of the state of Utah:
30Section 1. Section 53E-1-201 is amended to read:
3153E-1-201 (Effective 07/01/26) (Partially Repealed 07/01/27). Reports to and
32   action required of the Education Interim Committee.
33   (1) In accordance with applicable provisions and Section 68-3-14, the following recurring
34reports are due to the Education Interim Committee:
35(a) the report described in Section 9-22-109 by the STEM Action Center Board,
36including the information described in Section 9-22-113 on the status of the computer
37science initiative and Section 9-22-114 on the Computing Partnerships Grants
38Program;
39(b) the prioritized list of data research described in Section 53H-15-303 and the report
40on research and activities described in Section 53H-15-305 by the Utah Data
41Research Center;
42(c) the report described in Section 53H-1-203 by the Utah Board of Higher Education on
43career and technical education issues and addressing workforce needs;
44(d) the annual report of the Utah Board of Higher Education described in Section
4553H-1-203;
46(e) the reports described in Section 53H-7-603 by the Utah Board of Higher Education
47regarding activities related to campus safety;
48(f) the State Superintendent's Annual Report by the state board described in Section
4953E-1-203;
50(g) the annual report described in Section 53E-2-202 by the state board on the strategic
51plan to improve student outcomes;
52(h) the report described in Section 53E-3-501 by the state board on students in an LEA
53who receive academic credit through the packet method;
54(i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
55the Deaf and the Blind;
56(j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
57Actionable, and Dynamic Education director on research and other activities;
58(k) the report described in Section 53F-2-522 regarding mental health screening
59programs;
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60      (l) the report described in Section 53F-4-203 by the state board and the independent
61evaluator on an evaluation of early interactive reading software;
62      (m) the report described in Section 53F-6-412 by the program manager of the Utah Fits
63All Scholarship Program;
64      (n) the report described in Section 63N-20-107 by the Governor's Office of Economic
65Opportunity on UPSTART;
66      (o) the report described in Section 53F-5-215 by the state board related to a grant for an
67elementary teacher preparation assessment;
68      (p) upon request, the report described in Section 53F-5-219 by the state board on the
69Local Innovations Civics Education Pilot Program;
70      (q) the report described in Section 53F-5-405 by the state board regarding an evaluation
71of a partnership that receives a grant to improve educational outcomes for students
72who are low-income;
73      (r) the report described in Section 53H-1-604 regarding the Higher Education and
74Corrections Council;
75      (s) the report described in Section 53G-7-221 by the state board regarding innovation
76plans; and
77      (t) the reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship
78Program.
79  (2) In accordance with applicable provisions and Section 68-3-14, the following occasional
80      reports are due to the Education Interim Committee:
81      (a) in 2027, 2030, 2033, and 2035, the reports described in Sections 53H-1-502,
8253H-1-503, and 53H-1-504;
83      (b) in 2025, the report described in Section 53H-6-203 by a degree-granting institution
84regarding policies on abusive coaching practices;
85      (c) upon request, the report described in Section 53E-3-527 by the state board regarding
86the study on software in a public school;
87      [(c)] (d) if required, the report described in Section 53E-4-309 by the state board
88explaining the reasons for changing the grade level specification for the
89administration of specific assessments;
90      [(d)] (e) if required, the report described in Section 53E-5-210 by the state board of an
91adjustment to the minimum level that demonstrates proficiency for each statewide
92assessment;
93      [(e)] (f) the report described in Section 53E-10-702 by Utah Leading through Effective,
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94Actionable, and Dynamic Education;
95[(f)] (g) if required, the report described in Section 53F-2-513 by the state board
96evaluating the effects of salary bonuses on the recruitment and retention of effective
97teachers in high-poverty schools;
98[(g)] (h) upon request, the report described in Section 53F-10-303 by the state board
99regarding the Rural School Sports Facilities Grant Program;
100[(h)] (i) upon request, a report described in Section 53G-7-222 by an LEA regarding
101expenditure of a percentage of state restricted funds to support an innovative
102education program;
103[(i)] (j) the reports described in Section 53G-11-304 by the state board regarding
104proposed rules and results related to educator exit surveys; and
105[(j)] (k) the report described in Section 26B-5-113 by the Office of Substance Use and
106Mental Health, the state board, and the Department of Health and Human Services
107regarding recommendations related to Medicaid reimbursement for school-based
108health services.
109   (3) In accordance with applicable provisions and Section 68-3-14, every five years the
110Education Interim Committee shall review the programs described in the following
111sections of code:
112(a) beginning July 1, 2027, [Title 53E, Chapter 10, Part 3, ] Chapter 10, Part 3,
113Concurrent Enrollment;
114(b) beginning July 1, 2027, Section 53F-2-408, Enhancement for Accelerated Students
115Program;
116(c) beginning July 1, 2027, Section 53F-2-409, Concurrent enrollment funding;
117(d) beginning July 1, 2027, Section 53F-2-415, Student health and counseling support --
118Qualifying personnel -- Distribution formula -- Rulemaking;
119(e) beginning July 1, 2028, Section 53F-2-416, Appropriation and distribution for the
120Teacher and Student Success Program;
121(f) beginning July 1, 2028, Section 53F-2-510, Digital Teaching and Learning Grant
122Program;
123(g) beginning July 1, 2028, Section 53F-9-306, Teacher and Student Success Account;
124(h) beginning July 1, 2028, Title 53G, Chapter 7, Part 13, Teacher and Student Success
125Program; and
126(i) beginning July 1, 2029, Section 53F-2-502, Dual language immersion.
127Section 2. Section 53E-3-527 is enacted to read:
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12853E-3-527 (Effective 07/01/26). Software in public schools study.
129  (1) As used in this section:
130      (a) "Academic progress" means advancement toward mastery of state academic
131standards through practice, application, feedback, or demonstration of knowledge or
132skill.
133      (b) "Academically effective" means software that:
134(i) is designed to provide support or enable a student's active learning, skill
135development, or academic progress in the intended subject area;
136(ii) where applicable, aligns with the public education core standards described in
137Section 53E-4-202;
138(iii) does not employ design features that primarily:
139(A) interfere with active learning; or
140(B) undermine teacher instructional authority; and
141(iv) contributes to or enables measurable academic progress or skill development
142when used as intended.
143      (c) "Active learning" means instruction that requires a student to engage in cognitive
144processes including analyzing, reasoning, practicing, or creating to understand or
145apply knowledge or skills.
146      (d)(i) "Addictive design feature" means a feature or component of a digital or online
147product that encourages or increases a student's frequency, time spent, or
148engagement with the product.
149(ii) "Addictive design feature" includes the following features:
150(A) infinite scroll;
151(B) autoplay that continues beyond the educational task or lesson;
152(C) points, badges, or other gamification rewards tied to time spent on the product
153rather than learning objectives or academic progress;
154(D) persistent notifications prompting re-engagement when the product is not
155actively in use, unless:
156(I) a teacher initiates the notification; and
157(II) the notification is directly related to assigned schoolwork;
158(E) personalized recommendation systems designed to maximize
159time-on-platform rather than learning outcomes; or
160(F) engagement metrics, streaks, or social comparison features designed to create
161fear of missing out or compulsive checking behavior.
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162(iii) "Addictive design feature" does not include a:
163(A) recommendation of next lessons or learning activities based on curriculum
164progression or mastery of prerequisites;
165(B) notification about a teacher-assigned or course-required assignment, deadline,
166or teacher feedback; or
167(C) feature that encourages active learning rather than passive consumption.
168(e) "Clickstream data" means data an LEA or third-party provider collects from a
169student's use of an online service, application, or device that records the student's
170navigation or sequence of actions.
171(f) "Digital privacy agreement" means a contract between a contracting entity and a
172digital provider that:
173(i) ensures compliance with Chapter 9, Student Privacy and Data Protection; and
174(ii) governs access, use, protection, retention, and disclosure of student data.
175(g) "Educational software" means software that:
176(i) serves an educational purpose; and
177(ii) is designed for student instruction, assessment, or instructional support.
178(h) "Passive consumption" means receiving information through viewing, listening, or
179browsing without requiring the student to engage in cognitive processing necessary to
180analyze, apply, or create knowledge or skills.
181(i) "School-issued device" means any electronic hardware device an LEA provides to a
182student for educational use.
183(j) "Skill development" means the acquisition or improvement of academic abilities or
184competencies necessary to perform a task aligned to state academic standards,
185including guided practice, modeling, or feedback.
186(k)(i) "Software" means any application, web-based service, plug-in, or other
187code-based product, regardless of whether the application is free or for purchase,
188that:
189(A) runs on or is accessible from a school-issued device; and
190(B) an LEA assigns, requires, recommends, installs, or otherwise makes available
191for student use in connection with classroom instruction, including through a
192school-issued account or identity, regardless of whether the software is
193accessible on a school-issued or student-owned device.
194(ii) "Software" includes software an individual uses during school hours in
195connection with school-related purposes for:
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196(A) instruction;
197(B) assessment;
198(C) communication;
199(D) collaboration; or
200(E) enrichment.
201(iii) "Software" does not include physical, electronic hardware.
202      (l)(i) "Student data" means the same as that term is defined in Section 53E-9-301.
203(ii) "Student data" includes a student's:
204(A) personal data as that term is defined in Section 13-61-101;
205(B) metadata, device identifiers, and clickstream data;
206(C) behavioral, engagement, or usage data; and
207(D) information a software collects, generates, or infers in the course of student
208use.
209      (m) "Sub-processor" means a third-party vendor or service that a primary data processor
210engages to process personal data on the processor's behalf.
211  (2) The state board shall conduct a study regarding the use of software and digital services
212      in public schools and identify best practices related to student learning, safety, and
213      privacy.
214  (3) In conducting the study described in Subsection (2), the state board:
215      (a) shall review and evaluate best practices related to:
216(i) the academic effectiveness of educational software, including whether software
217supports:
218(A) active learning;
219(B) skill development; and
220(C) measurable academic progress;
221(ii) the potential use, cost, benefits, and drawbacks of a single, statewide digital
222privacy agreement for all educational software used in a public school;
223(iii) alignment of educational software with state academic standards;
224(iv) the role of educational software in supporting or supplementing classroom
225instruction;
226(v) the distinction between active learning and passive consumption in digital
227learning tools;
228(vi) compliance with the sensitive materials requirements described in Section
22953G-10-103 as the requirements relate to the use of software in a school;
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230(vii) digital privacy practices for student data, including:
231(A) data minimization;
232(B) security safeguards;
233(C) breach notification practices;
234(D) data retention and deletion practices; and
235(E) limits on secondary use of student data;
236(viii) the collection and use of student data, including:
237(A) metadata;
238(B) clickstream data;
239(C) behavioral or engagement data; and
240(D) biometric identifiers;
241(ix) practices related to protecting a student from:
242(A) advertising or promotional content;
243(B) commercial exploitation of student data; and
244(C) algorithmic systems that may prioritize engagement over learning outcomes;
245(x) educational software design practices that may affect student engagement,
246including the use of addictive design features;
247(xi) transparency regarding:
248(A) data the software collects;
249(B) third-party service providers or sub-processors; and
250(C) embedded analytics or artificial intelligence systems;
251(xii) the use of device features including cameras or microphones in educational
252software;
253(xiii) best practices for evaluating the educational value of educational software; and
254(xiv) any other issue the state board determines relevant to the responsible use of
255software in public education; and
256(b) may consult with:
257(i) educators;
258(ii) LEAs;
259(iii) parents;
260(iv) technology and software providers;
261(v) researchers;
262(vi) institutions of higher education; and
263(vii) other stakeholders the state board determines to be appropriate.
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264  (4) Before July 1, 2027, the state board shall:
265      (a) publish on the state board's website guidance and best practices identified through
266the study described in this section; and
267      (b) distribute the guidance and best practices to each LEA.
268  (5) Upon the request of the Education Interim Committee, the state board shall provide a
269      report summarizing the study and the guidance described in Subsection (4) to the
270      Education Interim Committee.
271Section 3. Effective Date.
272  This bill takes effect on July 1, 2026.
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