Nebraska — Student Online Personal Protection Act (Neb. Rev. Stat. §§79-2,153 to 79-2,155)
Nebraska's SOPIPA-model statute, enacted as sections 1 to 3 of Laws 2017, LB512 (approved by the Governor 22 May 2017; LB512 §38 made sections 1 to 3 operative on 1 September 2017). It binds the operator of a website, online service, online application or mobile application with actual knowledge that it is used primarily for, and was designed and marketed for, elementary, middle or high school purposes: no targeted advertising, no profiling outside school purposes, no sale or rental of covered information, disclosure only on enumerated grounds, reasonable security, and deletion at a school's or district's request.
Applicability to EdTech
- Who is bound. An "operator" is the operator of an Internet website, online service, online application or mobile application with actual knowledge that it "is used primarily for elementary, middle, or high school purposes and was designed and marketed for" those purposes; sites operated by a postsecondary institution with a physical presence in Nebraska are excluded (§79-2,154(4)). General-audience services are outside the act even where the operator's login works there (§79-2,155(6)(c)).
- "Covered information" is broad: information created or gathered by or provided to the operator in the course of school use, expressly including biometric information, photos, voice recordings, geolocation information, search activity and student identifiers (§79-2,154(1)(c)).
- Subprocessors. Disclosure to a third party is permitted only if the operator contractually limits the third party to providing the contracted service, prohibits onward disclosure and requires reasonable security (§79-2,155(1)(d)(vi)).
- Deletion is on the school's request, within a reasonable time, unless a student or parent or guardian consents to retention (§79-2,155(3)(b)).
- Product improvement and adaptive learning are preserved: operators may use covered information to maintain, develop, support, improve or diagnose the service (§79-2,155(2)) and for adaptive learning or customized student learning (§79-2,155(6)(b)).
Contents
| Document | Covers |
|---|---|
| SOPPA.md | §§79-2,153 (citation), 79-2,154 (definitions), 79-2,155 (operator prohibitions, duties and permitted uses) — the whole act |
Key obligations at a glance
- No targeted advertising based on information acquired through school use — §79-2,155(1)(a).
- No use of covered information to amass a student profile except in furtherance of school purposes — §79-2,155(1)(b).
- No sale or rental of covered information (acquisitions and consented national-assessment disclosures excepted) — §79-2,155(1)(c).
- Disclose covered information only on the enumerated grounds — §79-2,155(1)(d).
- Reasonable security procedures and practices appropriate to the nature of the covered information — §79-2,155(3)(a).
- Delete on the school's or district's request — §79-2,155(3)(b).
Enforcement
The act names no enforcing authority, penalty or private right of action; none of its three sections provides one (§79-2,155).
Licence
The corpus reproduces Neb. Rev. Stat. §§79-2,153 to 79-2,155 verbatim from the Nebraska Legislature's statute pages (through the Internet Archive's id_ endpoint, which returns the publisher's original bytes), with each section's "Source" session-law credit.
Statute text enacted by a state legislature is outside copyright under the government edicts doctrine. In Georgia v. Public.Resource.Org, Inc., 590 U.S. 255 (2020) (slip opinion, read 2026-10-01), the Supreme Court held: "Under what has been dubbed the government edicts doctrine, officials empowered to speak with the force of law cannot be the authors of—and therefore cannot copyright—the works they create in the course of their official duties." It applied the doctrine to an arm of the legislature as well as to legislators: "Because Georgia’s annotations are authored by an arm of the legislature in the course of its legislative duties, the government edicts doctrine puts them outside the reach of copyright protection."
The statute pages end with the footer "Copyright © Nebraska Legislature, all rights reserved." (nebraskalegislature.gov — §79-2,155, read 2026-10-08 through the Internet Archive). A site-wide footer of that kind can cover the site, but not the statutes the Legislature enacts.
Conditions: none attach to the statute text. The corpus nonetheless names the official source in its Sources section and in each fact document's {.meta} provenance lines, and its Meta section describes what it changed (anchors added, nothing reworded).
Related
- California SOPIPA — the model this act follows almost word for word
- Illinois SOPPA — the same name, a far heavier regime
- Kansas Student Online Personal Protection Act — the neighbouring SOPIPA-model act
- SDPC Nebraska state terms — the contract layer Nebraska districts use with vendors
- COPPA · FERPA — the federal layer
Sources
- Nebraska Legislature — Neb. Rev. Stat. §79-2,155 (and §§79-2,153, 79-2,154 at the same address)
- Nebraska Legislature — LB512 (2017), slip law — §38, operative date; read 2026-10-08 through the Internet Archive