EdLaw
Vermont — Student Privacy (9 V.S.A. §§ 2443–2443f)
Subchapter 3A (Student Privacy) of the Vermont consumer-protection chapter on personal information (9 V.S.A. chapter 62), added by 2019, No. 89 (Adj. Sess.), § 4. Section 7 of that act provides: "This act shall take effect on July 1, 2020." (Act 89 as enacted, read 2026-10-08). The subchapter is a SOPIPA-model statute that binds the operator of a PreK-12 site, service or application. It covers targeted advertising, profiling, sale and disclosure, and imposes security, deletion and transparency duties. A violation is an unfair and deceptive act in commerce under 9 V.S.A. § 2453.
Applicability to EdTech
- Operator means the operator of a site, service or application "with actual knowledge that the site, service, or application is used primarily for PreK-12 school purposes and was designed and marketed for PreK-12 school purposes" (§ 2443(2)). "School" includes private as well as public schools (§ 2443(4)(A)).
- Covered information includes, among a long list, "biometric information", "photos, voice recordings, or geolocation information" gathered by the operator that personally identify a student (§ 2443(1)(B)(iii)).
- Prohibitions. No targeted advertising, no profile "except in furtherance of PreK-12 school purposes", no sale, barter or rental, and disclosure only for the listed purposes and "proportionate to the identifiable information necessary". A disclosure to a third-party processor requires contractual use and onward-disclosure limits and a security obligation (§ 2443a(a)). Use for maintaining, developing, supporting, improving or diagnosing the service is not prohibited (§ 2443a(b)).
- Duties. Reasonable security; deletion on a school or district request, unless the student or parent consents to retention; and a transparency duty to "publicly disclose and provide the school with material information about its collection, use, and disclosure of covered information, including publishing a term of service agreement, privacy policy, or similar document" (§ 2443b).
- Adaptive or customised learning use is preserved (§ 2443e(2)), as is improving products with information "not associated with an identified student" (§ 2443d(1)).
Contents
| Document | Covers |
|---|---|
| STUDENT-PRIVACY.md | 9 V.S.A. §§ 2443–2443f in full |
Key obligations at a glance
- No targeted advertising, profiling, sale or unlisted disclosure — § 2443a.
- Security, deletion on school request, and public disclosure of data practices to the school — § 2443b.
Enforcement
"A person who violates a provision of this chapter commits an unfair and deceptive act in commerce in violation of section 2453 of this title" (§ 2443f). Section 2453 is not extracted here.
Licence
The corpus reproduces 9 V.S.A. §§ 2443–2443f verbatim from the Vermont General Assembly's Vermont Statutes Online.
The site states (Vermont Statutes Online, chapter 62, read 2026-10-08): "The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience." It states no copyright claim or reproduction terms for the text. 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), the Court held that "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". The corpus reproduces the statute text and session-law credits only, none of the annotations of the commercial Vermont Statutes Annotated.
Conditions: none. The corpus names the source in Sources and in each section's {.meta} provenance line.
Related
- California SOPIPA — the model this subchapter follows closely
- Delaware Student Data Privacy Protection Act — another SOPIPA-model statute
- FERPA — which § 2443e(9) says the subchapter does not supersede