General Guidelines for EdTech Vendors to Ensure Compliance with Student Privacy Laws
Educational technology (EdTech) vendors play a critical role in protecting student data privacy and ensuring compliance with federal and state regulations. As schools increasingly rely on digital tools for learning, assessment, and administration, vendors must implement strong privacy policies and security measures to protect sensitive student information. Failure to comply with student data privacy laws not only exposes vendors to legal risks but also undermines trust with schools, parents, and students. By following best practices for compliance, EdTech vendors can demonstrate their commitment to student data protection and maintain positive relationships with educational institutions.
The first step for EdTech vendors in ensuring compliance is understanding and adhering to key student privacy laws. Vendors must comply with federal regulations such as the Family Educational Rights and Privacy Act (FERPA), which governs the disclosure of student educational records, and the Children’s Online Privacy Protection Act (COPPA), which restricts data collection from children under 13 without parental consent. Additionally, vendors must be aware of the Protection of Pupil Rights Amendment (PPRA), which regulates student surveys and data collection for marketing purposes, and the Children’s Internet Protection Act (CIPA), which sets internet safety requirements for schools. Beyond federal laws, many states have enacted their own privacy regulations, such as California’s Student Online Personal Information Protection Act (SOPIPA) and Illinois’ Student Online Personal Protection Act (SOPPA), which impose additional vendor obligations.
To align with these laws, vendors must develop clear and transparent privacy policies that outline how student data is collected, used, stored, and shared. Privacy policies should be written in accessible language and specify whether data is shared with third parties, how long it is retained, and what measures are in place to protect it. Transparency builds trust with schools and parents and ensures that all stakeholders understand how student information is handled.
Another critical component of compliance is implementing strict data security measures. Vendors must use industry-standard encryption to protect student data both in transit and at rest, ensuring that unauthorized access is prevented. Access controls should be enforced through role-based permissions, allowing only authorized personnel to view or modify sensitive data. Regular security audits and penetration testing should be conducted to identify vulnerabilities and strengthen system defenses. Additionally, vendors should have a clear incident response plan that outlines the steps to take in the event of a data breach, including notification timelines and mitigation strategies.
EdTech vendors must also practice data minimization by only collecting and storing the student data necessary for their services. Collecting excessive data increases security risks and regulatory scrutiny. Vendors should establish strict data retention policies and ensure that student data is permanently deleted once it is no longer needed. Schools should be provided with clear options for data deletion upon contract termination or at the request of parents and administrators.
Establishing strong Data Privacy Agreements (DPAs) with schools is another essential step in compliance. DPAs outline the vendor’s responsibilities in handling student data and ensure alignment with privacy laws. These agreements should include clear terms on data ownership, security standards, breach notification procedures, and data deletion timelines. Vendors should also participate in third-party privacy certification programs, such as iKeepSafe or Student Privacy Pledge, to demonstrate compliance and commitment to best practices.
By implementing these privacy and security best practices, EdTech vendors can build trust with schools, parents, and students while ensuring compliance with legal requirements. The National Student Data Privacy Association (NSDPA) provides guidance, resources, and compliance tools to help vendors navigate complex privacy regulations and establish responsible data governance practices. Through proactive privacy management, vendors can contribute to a safer and more secure digital learning environment that prioritizes student data protection.