USA compliance for education startups

Research steps taken:

Performed broad federal-level searches for edtech compliance (FERPA, COPPA, PPRA, IDEA, ADA, Title IX, procurement and vendor guidance) and extracted key official guidance and reputable summaries (U.S. Department of Education Student Privacy Policy Office resources, FTC guidance, and iKeepSafe material).

Performed targeted state-level searches for student-data and vendor laws and guidance for high-priority states (California, Illinois, New York, Texas, Florida) and collected state Department of Education pages, major municipal implementations (e.g., Chicago Public Schools), and consolidated state-law tracking resources. Analysis performed and synthesis (summary of relevant, actionable information for a blog for US education startups)

- Federal compliance pillars for edtech startups: - FERPA (Family Educational Rights and Privacy Act): applies to educational agencies/institutions receiving federal funding; vendors that receive education records from schools must understand the "school official" exception and enter contracts/data-sharing agreements that limit use, re-disclosure, and require security controls. - COPPA (Children’s Online Privacy Protection Act): applies to online operators that collect personal information from children under 13; edtech products used directly by children (or that knowingly collect data from under-13s) must include parental consent, privacy notices, and data minimization. FTC guidance stresses deletion of children’s personal information when no longer needed for educational purposes and coordination with FERPA. - PPRA / IDEA / other education laws: protections around survey items, special education data, and additional federal requirements; vendors working with districts must be aware of these when handling sensitive student information. - Accessibility & nondiscrimination (ADA, Section 504, Title IX): products used by schools should meet accessibility standards (WCAG best practice) and avoid discriminatory features; K–12 and higher-ed institutions may require documentation. - Vendor obligations & procurement items common across federal & state guidance: - Written contracts or Data Sharing/Processing Agreements that: define permitted uses (educational purposes only), prohibit sale/targeted advertising/profiling (where state law requires), require deletion upon request, include breach notification timelines, and specify security controls (encryption, access control, logging). - Follow Department of Education vendor resources and model contract language; be prepared to answer district procurement security questionnaires and provide independent security assessments or certifications as available. - Maintain a data inventory (what data you collect, why, retention, flows, third-party subprocessors) and a privacy policy and DPA. - COPPA compliance if product is used by children under 13 (parental notice/consent flows, restricted collection/use, retention and deletion policies). - State student-data laws: multiple states have vendor-targeted laws (CA SOPIPA/AB1584, IL SOPPA, and many others), often imposing prohibitions on commercial uses of student data (ads/profiling/sale), contract requirements, breach notice duties, and parental notification obligations. - State-specific highlights to include in blog (examples & action items): - California: SOPIPA (SB 1177) and AB 1584 require vendors not to use student data for targeted advertising or sale, require security protections, and contract provisions with LEAs. Vendor practices should include deletion on request and written contract clauses about ownership/control of student records. - Illinois: SOPPA (updated 2019) imposes vendor duties, public breach notification, and requires districts to list edtech providers with access to student PII. Vendors must be able to demonstrate compliance and support district transparency obligations. - New York / Texas / Florida: each state has its own student-privacy and procurement practices; many require contracts and limit uses of data. Startups should check state DOE procurement pages and the district procurement rules where they plan to sell. - Practical startup checklist (recommended for blog & newsletter): 1. Determine user base: K–12 vs higher ed vs direct-to-consumer (different rules).

Conduct a data inventory & mapping (fields, sensitivity, retention, processors).

Draft/update privacy policy and Data Processing/Sharing Agreement (DPA/DSA) with clauses

permitted use, prohibition on sale/ads, deletion, breach notification, security standards, subprocessors, audit/cooperation clause.

Implement technical controls

encryption at rest/in transit, role-based access, logging, patching, backups, incident response plan.

If product is used by under-13s

implement COPPA flows (parental consent, limited collection, clear notice, deletion policies).

Prepare FERPA guidance for school customers

clarify what data you will receive, how it will be used, and include school-official explanation in contract.

Be ready for procurement

create a vendor security/ privacy one-pager, complete common RFP/security questionnaires (e.g., K-12Cis), and consider third-party audits.

Accessibility

follow WCAG & document accessibility features.

Business compliance

form the correct entity, register and obtain state business licenses where needed, understand sales tax nexus for educational services (state-specific).

Employment and background checks

if providing in-person instruction or placing staff in schools, comply with state criminal background / mandatory reporter rules. - Suggested blog structure & templates to include: - Intro: Why compliance matters (risk, procurement, trust). - Federal law primer (FERPA, COPPA, PPRA, IDEA, ADA) with vendor takeaways. - State law primer & how to research state rules (spotlight CA & IL; link to state DoE pages and state law trackers). - Step-by-step compliance checklist for startups (above). - Sample contract clause list (data-use limits, breach notification, deletion, security standards). - Resources & links (official guidance pages, sample DSA language, SSOs/standards). Recommended next steps for the user (to create the blog content and newsletter): - Use the collected official resources (below) as citations and hyperlink sources in the blog. - Create downloadable templates: DPA/DSA, COPPA parental-consent language, privacy policy checklist, FERPA vendor checklist, accessibility checklist, and a state-authorization checklist. - Advise readers to consult counsel for binding legal advice—this blog is practical guidance, not legal counsel.