Technology

Public schools; student instruction; addictive potential of time spent using certain electronic devices. Requires instruction concerning time spent using electronic devices such as computers, cell phones, and other smart devices and the addictive potential thereof to be provided by the public schools as prescribed by the Board of Education. This bill is identical to HB 1486.

School boards; use of social media platforms as sole means of certain communications prohibited. Provides that each school board shall prohibit public elementary and secondary schools, school board employees, and school volunteers from using a social media platform as the sole means of communication with students for the facilitation of school-related extracurricular activities. The bill provides an exception to such prohibition when such use is required to meet an objective that cannot be reasonably achieved without such use, provided that the division superintendent or his designee (i) provides clear, written instructions on such use and (ii) may revoke such exception at any time.

Consumer Data Protection Act; protections for children; definitions. Requires a controller or processor, as such terms are defined in relevant law, to obtain verifiable parental consent, defined in the bill, prior to registering any child younger than 18 years of age with the controller's or processor's product or service or before collecting, using, or disclosing such child's personal data.

Damage or trespass to public services or utilities or critical infrastructure; penalties. Adds the intentional destruction of or damage to any fixture, equipment, or information technology system that is used to provide, process, transmit, or maintain public services, public utilities, or other critical infrastructure, as defined in relevant law, to the existing offense of damage or trespass to public services or utilities. The bill contains technical amendments.

Artificial Intelligence Chatbots and Minors Act established; enforcement; civil penalties; individual action. Creates the Artificial Intelligence Chatbots and Minors Act to require a covered entity, defined in the bill, to (i) implement certain reasonable systems and processes, (ii) make reasonable efforts to notify appropriate emergency services or law enforcement if it obtains knowledge that a user faces an imminent risk of death or serious physical injury, and (iii) submit a report to the Attorney General after obtaining knowledge of certain covered incidents, defined in the bill, connected to one or more of its chatbots. The bill also requires an operator, defined in the bill, to disclose the non-human nature of the chatbot to users at certain intervals. The bill authorizes the Attorney General to initiate an action to seek an injunction and civil penalties for violations and also provides an individual civil action for any person harmed by a violation or the parent or legal guardian of a minor harmed by a violation.

Elections; political campaign advertisements; synthetic media; penalty. Prohibits electioneering communications containing synthetic media, as those terms are defined in the bill, from being published or broadcast without containing the following conspicuously displayed statement: "This message contains synthetic media that has been altered from its original source or artificially generated and may present conduct or speech that did not occur." The bill creates a civil penalty not to exceed $25,000 for a violation of such prohibition and a Class 1 misdemeanor for a willful violation. The bill permits any registered voter who receives an electioneering communication in violation of this requirement to institute an action for preventative relief to prohibit the publication or dissemination of such electioneering communication, including an application for a permanent or temporary injunction.

Department of Education; artificial intelligence system use in instructional settings; development of AIS safety guidance required; AIS Innovation in Education Pilot Program established; report. Requires the Department of Education, in consultation with school divisions and other relevant stakeholders, to compile information on current uses of artificial intelligence systems (AIS) for student instruction in public schools in the Commonwealth and to establish and post in a publicly accessible location on its website guidance for the safe, ethical, and equitable use of AIS in instructional settings in public elementary and secondary schools. The bill requires each school board to establish, implement, and enforce policies consistent with the guidance developed by the Department in accordance with the provisions of the bill. The bill also directs the Department to establish and oversee the AIS Innovation in Education Pilot Program for the purpose of funding, evaluating, and scaling innovative uses of AIS in public elementary and secondary schools by providing support to school divisions in piloting AIS applications for instruction, tutoring, student engagement, operational efficiency, and teacher support and to submit an annual report to the Chairs of the House Committee on Education and the Senate Committee on Education and Health by December 1. The Pilot Program has an expiration date of July 1, 2030. This bill is identical to HB 1186.

Virginia Lottery; powers of the Virginia Lottery Board; advertising restrictions; age verification. Directs the Virginia Lottery to study the feasibility of furthering responsible gaming as it relates to the lottery, casino gaming, and sports betting, and to develop an implementation plan to require all lottery terminals to possess proper age verification software to ensure that a consumer is 18 years of age or older. The Director of the Virginia Lottery shall report any findings to the Chairs of the House Committee on General Laws and the Senate Committee on General Laws and Technology by October 1, 2026.

Employment decisions; automated decision systems; civil penalty. Provides that the Director of the Department of Human Resource Management shall require any state agency that uses an automated decision system as a substantial factor in any employment decision, as those terms are defined in the bill, to (i) ensure that such system and the use of such system complies with federal and state law, (ii) make certain disclosures, (iii) provide an opt-out mechanism, (iv) annually test such system, (v) ensure data security, and (vi) train agency staff on such system. The bill requires the Department and local government employers to establish and publicize a process for applicants for employment and employees to file concerns and complaints regarding the use of automated decision systems in such employment decisions and a process for the investigation and resolution of any such concerns and complaints. The bill also provides that no final employment decision shall be made by an employer without the involvement of a human decision maker, and no employer shall solely use any recommendation or prediction from an automated decision system to make a final employment decision. The bill subjects violating employers to civil penalties.

Department of Education; assessment; certified student support agencies; report. Requires the Department of Education (the Department) to assess the impact of developing a program to provide student support programs to students enrolled in a public elementary or secondary school through certified student support agencies, as defined in the bill. The bill requires the Department, in conducting such assessment, to consider (i) a framework by which a certified student support agency would enter into a memorandum of understanding with a school board for the purpose of providing student support programs, as defined in the bill, and suggested components of such memorandums of understanding, such as (a) documentation establishing the organization's nonprofit status, (b) a description of each student support program that such organization provides, (c) policies and procedures relating to privacy, background checks, mandated reporting, and the transmission, collection, use, and disposal of student personal information, and (d) consent forms and procedures to be used by such student support programs to obtain the necessary consent from the parent of any student under 18 years of age; (ii) the feasibility of establishing and administering a certification process for certified student support agencies; (iii) potential compliance monitoring and enforcement mechanisms and subsequent penalties for noncompliance to ensure that each certified student support agency complies with such program; (iv) policies and procedures for the secure disposal of a student's personal information upon such student's withdrawal from a student support program, upon the cessation of any such program, or upon such student's graduation or transfer from the school division; and (v) cost estimates, including staffing needs, for the development and implementation of such program. The bill requires the Department to submit a report on its findings to the Chairs of the Senate Committees on Finance and Appropriations and Education and Health and the House Committees on Appropriations and Education no later than November 1, 2026. This bill is identical to SB 190.