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Student Data Privacy for Ed Tech: FERPA, State Laws and the Data Privacy Agreement

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October 26, 2026

5 min read

Schools share student records with ed tech vendors under FERPA's school official exception, which puts the vendor under the school's direct control for that data. State laws such as California's SOPIPA and New York's Education Law 2-d add bans on targeted advertising and security requirements. What vendors sign, what they must build, and how to answer district security reviews.

FERPA
Education
Student Privacy
Ed Tech
Security Questionnaires

FERPA governs education records held by schools that receive federal funding. Vendors are usually brought in under the school official exception: the school may share records with a contractor performing a function it would otherwise do itself, provided the vendor is under the school's direct control regarding the records and uses them only for authorized purposes.

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The layers a vendor signs up to

Source

Typical obligations

FERPA

Use records only for the school's purposes; no redisclosure without authorization; support parents' access rights through the school

State student privacy laws (for example, California SOPIPA, New York Education Law 2-d)

No targeted advertising or sale of student data; reasonable security; deletion on request; in New York, a parents' bill of rights and data security standards in contracts

Data privacy agreements

Many districts use standard agreements, such as those from the Student Data Privacy Consortium, covering use, security, breach notice and deletion

COPPA

For children under 13, where the service collects their information directly

What to build

  • Tenant isolation by district, so one district's data cannot appear in another's, enforced in the database and not only in the application.

  • Deletion by district and by student, including backups on a defined schedule and any analytics or AI indexes.

  • Roster integration through standards districts already use (OneRoster, Clever, ClassLink) rather than spreadsheets.

  • Audit logs of staff access to student records.

  • Breach notification procedures that meet the shortest timeline in your signed agreements.

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As of October 26, 2026. Provided as is, for general information, and accurate to the best of our knowledge on the date shown. Not legal, compliance, tax, financial or other professional advice. Prices, limits and vendor services change; check current vendor documentation before relying on anything here. Terms of use.