Sec. 6. Prohibition on psychological testing
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Section 445 of the General Education Provisions Act ( 20 U.S.C. 1232h ) is amended— by redesignating subsections
(d)through
(f)as subsections
(f)through (h), respectively; by inserting after subsection
(c)the following: In this section: The term affective computing means systems and devices that can or attempt to recognize, interpret, process, or simulate aspects of human feelings or emotions. The term interpersonal resources or interpersonal skills means non-cognitive emotional and psychological characteristics and attributes and skills used to manage relationships and interactions between or among individuals. The term intrapersonal resources or intrapersonal skills means non-cognitive emotional and psychological characteristics and attributes used to manage emotions and attitudes within an individual. The term predictive modeling means the use of educational data-mining methods to make predictions about future behaviors or performance. The term process or processing means to use, access, manipulate, scan, modify, transform, disclose, store, transmit, transfer, retain, aggregate, or dispose of student or teacher data. The term psychological resources means non-cognitive, emotional characteristics, attributes, and skills, including mindsets, learning strategies, and effortful control, used by an individual to address or manage various life situations. Notwithstanding any other provision of law, no funds provided to the Department or Federal funds provided under any applicable program shall be spent to support any survey or academic assessment allowing any of the following types of data collection via assessments or any other means, including digitally: Any data collected via affective computing, including analysis of facial expressions, EEG brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture, and eye-tracking. Any data (including any resulting from national or State assessments) that measure psychological resources, mindsets, learning strategies, effortful control, attributes, dispositions, social skills, attitudes, intrapersonal resources, or any other type of social, emotional, or psychological parameter. Any data collected through predictive modeling to be used to detect behaviors, beliefs, or value systems, or for predicting or forecasting student outcomes. Any type of psychological data, including assessment of non-cognitive skills or attributes, psychological resources, mindsets, learning strategies, effortful control, attitudes, dispositions, social skills, or other interpersonal or intrapersonal resources collected via any national or State student assessment. Paragraph
(2)shall not apply to an applicable program carried out or funded under the Individuals with Disabilities Education Act if the data collection is required under such Act. No funds provided to the Department or to an applicable program may be used to pilot test, field test, implement, administer, or distribute in any way any federally sponsored national assessment collecting any psychological data or any federally sponsored research on social-emotional data in education. No funds provided to the Department or under any applicable program shall be made available to any public elementary school or secondary school served by an educational agency receiving funds under any eligible program that conducts video monitoring of classrooms in the school, for any purpose, including for teacher evaluation, without the approval of the local educational agency after a public hearing and the written consent of the teacher and the parents of all students in the classroom. No funds provided to the Department or under any applicable program shall be made available to any educational agency or institution not covered under subparagraph
(A)that conducts video monitoring of classrooms in a school or institution, for any purpose, including for teacher evaluation, without a public hearing and the written consent of the teacher, and of the parents of all students in the classroom. No funds provided to the Department under any applicable program shall be made available to any public elementary school or secondary school that supplies, through the school to a teacher or student, a computing device on which remote camera surveillance software has been installed, without first obtaining the approval of the local educational agency after a public hearing. Any such elementary school or secondary school that provides computing devices to teachers or students shall adopt a policy prohibiting the use of remote camera surveillance software on a school supplied computing device without the written consent of the teacher and the parent of each affected student. No funds under any applicable program shall be made available to any educational agency or institution not covered under subparagraph
(A)that supplies, through the school to a student or teacher, a computing device on which remote camera surveillance software has been installed without first providing a public hearing and adopting a policy prohibiting the use of remote camera surveillance software on an institution-supplied computing device without the written consent of the teacher and the parent of each affected student. For the purposes of this subsection, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student. In this subsection, the term educational agency or institution has the meaning given the term in section 444. .
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Sec. 6
Prohibition on psychological testing
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