There are three main laws that are relevant to your use of Closegap: COPPA FERPA, and PPRA.
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What is COPPA?
COPPA is the Children's Online Privacy Protection Act. It’s a federal law that applies to online services, websites, and apps that collect personal information from minors under 13. You can learn more about it here.
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What is FERPA?
FERPA is the Family Educational Rights and Privacy Act. It’s a federal law that protects the confidentiality of student educational records. It applies to any public or private elementary, secondary, or post-secondary school and any state or local education agency that receives federal funds under a program administered by the Secretary of Education.
You can learn more here and/or watch this Student Privacy 101 video.
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What is the School Official Exception to FERPA?
FERPA has two parts. First, it gives students the right to inspect and review their own education records, request corrections, halt the release of personally identifiable information, and obtain a copy of their institution’s policy concerning access to educational records. (20 U.S.C.S. § 1232g(a)). Second, it prohibits educational institutions from disclosing “personally identifiable information in education records” without the student's written consent or, if the student is a minor, the student’s parents. (20 U.S.C.S. § 1232g(b)).
However, there are several exceptions that allow the release of student records to certain parties or under certain conditions. Records may be released without the student’s consent: (1) to school officials with a legitimate educational interest; (2) to other schools to which a student seeks or intends to enroll; (3) to education officials for audit and evaluation purposes; (4) to accrediting organizations; (5) to parties in connection with financial aid to a student; (6) to organizations conducting certain studies for or on behalf of a school; (7) to comply with a judicial order or lawfully issued subpoena; (8) in the case of health and safety emergencies; and (9) to state and local authorities within a juvenile justice system. (20 U.S.C.S. § 1232g(b)(1)).
The first exception is relevant for Closegap: Closegap is covered under the School Official Exception to FERPA, which allows schools to share student records when there is a legitimate educational purpose.
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What is PPRA?
The Protection of Pupil Rights Amendment (PPRA) applies to the programs and activities of a state education agency (SEA), local education agency (LEA), or other recipient of funds under any program funded by the U.S. Department of Education. It governs the administration to students of a survey, analysis, or evaluation that concerns one or more of the following eight protected areas:
- political affiliations or beliefs of the student or the student’s parent;
- mental or psychological problems of the student or the student’s family;
- sex behavior or attitudes;
- illegal, anti-social, self-incriminating, or demeaning behavior;
- critical appraisals of other individuals with whom respondents have close family relationships;
- legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
- religious practices, affiliations, or beliefs of the student or student’s parent; or
- income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
You can learn more about PPRA here.
Closegap is COPPA, FERPA and PPRA compliant, and supports schools in complying with these requirements.
What does all of this mean for you?
Closegap is COPPA, FERPA and PPRA compliant. Your use of Closegap is covered under the School Official Exception to FERPA. These are the steps you must follow in order to use Closegap with your students and remain compliant with these regulations:
Step 1: Send a Parent Letter home to notify parents/guardians that you’ll be using Closegap and to provide them an opportunity to opt-out or opt-in.
- Opt-out Parent Letter: This allows parents to opt out of their child using Closegap. Parents must sign this if they DO NOT want their child to use Closegap. You can find the opt-out parent letters in English here and in Spanish here.
- Opt-in Parent Letter: Some states within the U.S. now require what is called “active consent”, which requires parents/guardians to sign the Parent Letter if they DO want their child to use Closegap. You can find the opt-in parent letter here.
Step 2: Review our Trust & Safety Center to see how we keep students and staff safe through our data privacy protocols and practices.
Step 3: If you ever need to delete or make edits to your data, you may do so within the Closegap application or my emailing info@closegap.org.
You’re all done! Yay!! Now, go start using Closegap to support your students!
You’re not in this alone. We know that student data privacy and the regulations surrounding it can, at times, be overwhelming. We’re here for you! Schedule a kick-off call HERE, and we’ll answer any outstanding questions you may have.
If you work on the district level and want to sign a student data privacy agreement with Closegap, contact us here.
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