| (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 |
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| (iv) | contributes to or enables measurable academic progress or skill development when used as intended. |
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| (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:
| (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; |
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| (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. |
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| (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. |
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| (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. |
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| (g) | "Educational software" means software that:
| (i) | serves an educational purpose; and |
| (ii) | is designed for student instruction, assessment, or instructional support. |
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| (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. |
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| (ii) | "Software" includes software an individual uses during school hours in connection with school-related purposes for:
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| (iii) | "Software" does not include physical, electronic hardware. |
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| (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. |
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| (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. |
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