Matthew Johnson of Cooley LLP writes:
In January 2015, the US Department of Education has issued an advisory to all elementary and secondary schools on data privacy and security issues to be considered in negotiating agreements with online service providers or mobile applications. The Department also released “Model Terms of Service” that provides specific recommended provisions for such agreements, along with a short video dramatizing its recommendations.
Is the Department of Education Changing the Law Regarding Student Data Privacy?
No. This guidance document does not change the statutory or regulatory requirements related to data privacy and security in the educational field. In fact, the Department is quite explicit that the guidance embodied in the “Model Terms of Service” goes beyond what is required by the Family Educational Rights and Privacy Act (“FERPA”) and other federal laws.
Read more on Lexology.