How to Establish a State-Level Edtech Vetting Process: A Step-by-Step Guide

Introduction

As screen time concerns mount among parents and educators, the vetting process for educational technology (edtech) software has come under scrutiny. Currently, many school districts rely on vendors' own data to prove product safety and efficacy—a practice that critics argue is akin to "nicotine companies vetting their own cigarettes." In response, states like Vermont, Rhode Island, and Utah have proposed legislation to create independent certification standards. This guide outlines how to design and implement a similar state-level edtech vetting process, ensuring that school-issued devices and software are safe, effective, and compliant with curriculum standards.

How to Establish a State-Level Edtech Vetting Process: A Step-by-Step Guide — Source: www.edsurge.com

What You Need

Legislative support — A bill championed by lawmakers who understand edtech risks.
State agency collaboration — Key partners include the Secretary of State (or equivalent) and the education department.
Stakeholder input — Feedback from parents, teachers, IT directors, and privacy advocates.
Drafting expertise — Legal counsel to write clear registration and certification requirements.
Technology review capacity — Staff or contracted experts to evaluate software features (AI, geotracking, ads).
Funding mechanism — A registration fee (e.g., $100 per product per year) to cover administrative costs.
Public awareness — Communication channels to inform districts and vendors of new requirements.

Step-by-Step Guide

Step 1: Assess the Current Vetting Gap

Before drafting legislation, conduct a thorough analysis of existing practices. Interview school district IT directors, review current vendor contracts, and identify cases where student data privacy or curriculum alignment was compromised. This step builds the case for reform. For example, Vermont’s bill was driven by the finding that no entity was confirming products were "safe, effective, and legal." Document these gaps to justify the need for state oversight.

Step 2: Draft Legislation Requiring Annual Registration

Write a bill that mandates all providers of student-facing educational technology products to register annually with the state. Key components include:

Definition of educational technology product — tools used for teaching and learning in K–12 schools.
Registration fee (e.g., $100).
Submission of the latest terms & conditions and privacy policy.
Designated state agency to manage registration (e.g., Secretary of State).

Vermont’s original bill included fines of $50/day (up to $10,000) for non-compliance, but this was later removed. Consider whether your state wants a penalty clause—and if so, ensure it survives legislative review.

Step 3: Define Certification Criteria

Specify what makes a product eligible for state certification. Use Vermont’s proposed criteria as a model:

Compliance with state curriculum standards — The software must support or align with learning goals.
Advantages over non-digital methods — Prove that the digital tool offers unique educational value.
Explicit educational purpose — Not general-purpose entertainment repurposed for school.
Design features review — Scrutinize AI, geotracking, and targeted advertising for privacy risks and age-appropriateness.

These criteria should be codified into law or regulation to ensure consistency.

Step 4: Establish a Review Body

Create an inter-agency team (e.g., Secretary of State working with the State Education Agency) to evaluate registrations. This body will:

Review submitted documents for completeness.
Assess each product against certification criteria.
Issue certification or deny with explanation.

Consider including outside experts (educators, child development specialists) on an advisory panel. The review should be independent — no vendor self-certification allowed.

Step 5: Implement the Registration and Certification Process

Roll out the system with clear timelines and user guides. Vendors should be able to submit registrations online. Key steps:

Publish a list of certified products on a public website.
Require schools to use only certified edtech for student-facing activities.
Renew certifications annually to keep up with software updates.

Vermont’s bill stipulates that certification includes ongoing compliance; if a product changes (e.g., new AI features), it must re-register.

Step 6: Enforce Compliance (Optional)

Decide whether to include penalties for uncertified vendors operating in schools. While Vermont removed fines from its House-passed bill, you may prefer a softer approach: warning letters, public disclosure, or loss of access to state networks. Engage stakeholders in this decision — some argue penalties are essential to prevent vendor abuse.

Step 7: Monitor, Evaluate, and Update

After implementation, track metrics such as number of registered products, complaints from schools, and privacy incidents. Hold annual hearings to review the process and adjust criteria as technology evolves. For example, as AI becomes more prevalent, the review criteria should expand to cover algorithmic bias and data security.

Tips for Success

Involve diverse stakeholders early — Parents, teachers, and privacy advocates can provide real-world insight. Kim Whitman of Smartphone Free Childhood US notes that even without cellphones, students can message on Chromebooks or via Google Docs, so the vetting must cover district-issued devices too.
Avoid vendor self-certification — The entire point of a state process is independent verification. Don’t let companies act as their own judges.
Keep registration fees modest — $100 per product covers administration without burdening small edtech startups.
Coordinate with other states — Rhode Island and Utah are exploring similar laws; sharing best practices can create a regional standard.
Plan for rapid tech changes — Include a clause allowing administrative updates to certification criteria without full legislative reauthorization.
Communicate clearly with schools — Districts need simple lists of approved products and guidance on transitioning from uncertified ones.

By following these steps, your state can transform the edtech vetting process from a vendor-driven black box into a transparent, child-centered system. The goal is not to ban screen time, but to ensure that every minute a student spends on a school-issued device is educational, safe, and respectful of privacy.

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