Extend Prohibition on School Facial Recognition

In current law there is a prohibition on schools contracting for facial recognition services that is set to repeal on July 1, 2025. The prohibition contains an exception for a contract executed prior to the date the prohibition became law or a renewal of that contract. The act removes the repeal and creates new exceptions for contracts that are:

• In effect on the date the act becomes law;
• For a product, device, or software application that allows for analysis of facial features for educational purposes in conjunction with curricula; or
• For a product, device, or software application that allows for the analysis of facial features to identify a person who has made an articulable and significant threat against a school or the occupants of a school, to identify a missing student when there is a reasonable belief that the student is still on school grounds, or to identify an individual who has been ordered by the court or school administration to stay off school district property.

The act prohibits processing the biometric identifiers obtained from the facial recognition services without consent. A school must provide notice of the use of facial recognition software.

Each school district shall develop a policy governing the use of facial recognition technology, including clear guidelines on access and oversight. The policy must designate specific authorized personnel, such as school administrators and law enforcement officials, who are permitted to process facial recognition data in response to an articulable and significant threat against the school.

Whenever a school, employee of a school, or contractor of a school engages in a practice that violates the act, the aggrieved party may apply for a temporary restraining order or injunction, or both. The court may enter orders or judgments as necessary to prevent the prohibited practice, to restore any person injured to their original position, or to prevent any unjust enrichment by any person through the use or employment of any violation.

(Note: This summary applies to this bill as enacted.)