Yes! The Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects personal information in students’ “educational records” from unauthorized disclosure unless an exception applies.
FERPA may require educational institutions and school districts (“Education Providers”) to obtain parental consent before disclosing Student Data outside of the educational institution. Student Data is information maintained by us or any third party on our behalf relating to an individual person enrolled at an Education Provider (“Student”), including any education records as defined under FERPA, that are disclosed by Education Providers to Company, except that Student Data does not include a record that has had personal data removed such that the Student’s identity is not uniquely identifiable from the record and there is no reasonable basis to believe that the remaining information can be used to identify an individual.
FERPA does not require audits or other certifications and therefore, academic institution that is subject to FERPA must assess itself. However, we believe we are in alignment with the requirements of FERPA.
1. If you are an Education Provider who will be using the Services with Students in connection with your educational institution, district or class located or based in the United States, Student Data provided or generated through your or your Students’ use of the Services may be subject to FERPA. Theretofore, you represent and warrant the following:1.1. You are authorized to act on behalf of, or have permission from, your educational institution or school district to enter into this Agreement and to use the Services with your Students;
1.1 You will remove any Student material from any account you have access to in connection with the Services and close any account for Services used by you solely as an Education Provider or contact the Company for assistance if you unable to do so on your own once you no longer are authorized to act on behalf of your educational institution or school district;
1.2. You, your educational institution, or your district will obtain any consents required under applicable law to be provided by a Student or the Student’s parent or legal guardian before you enroll, sign up or permit any Student to use the Services;
1.3. You will not provide to the Company Student Data of any Student under thirteen (13) years of age. Notwithstanding the foregoing, when using the OhmniLabs telepresence robots, you may provide Student Data of a Student under thirteen (13) years of age, if you first obtain a signed and dated consent form that is voluntarily provided the parent or legal guardian of the Student.
2. The Company agrees to the following:
2.1. The Company will be considered a “school official” as that term is defined in FERPA and its implementing regulations to the extent that Education Providers subject to FERPA provide the Company with Student Data;
2.2. The Company will comply with your requests to review, modify, de-identity or delete any Student Data that the Company maintains about your Student within a reasonable time frame;
2.3. The Company will not maintain, use or disclose Student Data except as set forth herein and in the Policy as authorized by you or permitted or required by applicable law or a judicial order.
Contact Us. If you have any questions about this Policy, and its addendums, please reach out to us at firstname.lastname@example.org.
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