Code of the District of Columbia

§ 38–831.01. Definitions.

For the purposes of this chapter, the term:

(1) "1-to-1 device" means a technological device provided to a student pursuant to a 1-to-1 program.

(2) "1-to-1 device provider" means a person or entity, or its agent, parent company, or subsidiary, that provides a 1-to-1 device to a student or educational institution pursuant to a 1-to-1 program.

(3) "1-to-1 program" means a program authorized by an educational institution in which a student is provided with a 1-to-1 device for overnight or at-home use.

(4) "De-identified student information" means data or other information related to a specific student from which all personally identifiable student information has been removed.

(5) "Disclose personally identifiable student information" means to share, transfer, or otherwise communicate personally identifiable student information to a third-party other than the LEA, educational institution, student, or student's parent.

(6) "Educational institution" means a public school or public charter school in the District of Columbia.

(7) "Interactive computer service" shall have the same meaning as provided in section 230(f)(2) of the Communications Act of 1934, approved February 8, 1996 (110 Stat. 139; 47 U.S.C. § 230(f)(2)).

(8) "Local education agency" or "LEA" means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.

(9) "Location tracking technology" means hardware, software, or an application that collects or reports data that identifies the geophysical location of a technological device.

(10) "Operator" means a person that operates an Internet website, online service, online application, or mobile application:

(A) That is designed, marketed, and primarily used for pre-k through 12 purposes; and

(B) Who has actual knowledge that the person's website, online service, online application, or mobile application is being used for pre-k through 12 purposes.

(11) "Parent" includes a student's legal guardian.

(12) "Personal media account" means a student-created account with an electronic medium or service through which users may create, share, and view user-generated content, including videos, photographs, blogs, video blogs, podcasts, messages, e-mails, or Internet website profiles or locations. The term "personal media account" does not include an account opened at an educational institution's behest or provided by an educational institution.

(13) "Personal technological device" means a technological device in the possession of a student that is not the property of an educational institution or a 1-to-1 provider.

(14) "Personally identifiable student information" means data or other information that alone or in combination with other data is linked to a specific student that would allow a reasonable person, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty, including:

(A) A student's name;

(B) The name of a student's parent or other family member;

(C) The address of a student or student's parent or other family member;

(D) A photograph, video, or audio recording that contains the student's image or voice; and

(E) Indirect identifiers, including a student's social security number, student number, telephone number, credit card account number, insurance account number, financial services account number, customer number, geolocation information, persistent unique identifier, email address, social media address, online username, or other personal electronic identifier.

(15) "Pre-k through 12 purposes" means uses that promote the functions of an educational institution serving grades prekindergarten through 12, or its agents, including uses that promote curricular, extra-curricular, and administrative activities.

(16) "School-based personnel" means an employee or volunteer of an educational institution or an employee of an entity with whom the educational institution contracts, who acts as an agent of the educational institution at the educational institution or activities sponsored by the educational institution.

(17) "Targeted advertising" means promoting for remuneration content, products, or services to a student based on information the operator obtained or inferred over time from a student's online behavior, usage of applications, or personally identifiable student information. The term "targeted advertising" does not include advertising to a student based on the student's real-time use of an operator's services or in response to a student's request for information or feedback; provided, that the operator does not retain data about the student's real-time activity for the purpose of targeting subsequent advertisements.

(Feb. 18, 2017, D.C. Law 21-218, § 2, 63 DCR 16013.)

Editor's Notes

Section 202 of D.C. Law 22-268 provided that: (a) No later than 180 days after the effective date of D.C. Law 22-268 (March 28, 2019), the District of Columbia Auditor shall initiate an audit of data-management and data-collection practices of public local education agencies, including the Office of the State Superintendent of Education, the Office of the Deputy Mayor for Education, and the Public Charter School Board; and (b) the Auditor shall issue a report to the Mayor and Council on data-management and data-collection practices and policies of the entities described in subsection (a) of this section.