Question 1

Does COPPA apply to online K-12 schools?

Accepted Answer

Yes, COPPA applies to any online service that collects personal information from children under 13, including online K-12 schools. However, schools can utilize the 'school authorization exception' where the school can consent on behalf of parents for the collection of student information used solely for educational purposes.

Question 2

What is the school authorization exception under COPPA?

Accepted Answer

The school authorization exception allows schools to consent to the collection of children's personal information on behalf of parents when the information is used solely for educational purposes. This exception applies to EdTech providers working directly with schools, not to commercial uses of the data.

Question 3

What are the penalties for COPPA violations?

Accepted Answer

The FTC can impose civil penalties of up to $50,120 per violation as of 2024. Penalties are calculated per child, per instance, making violations extremely costly. Companies have faced settlements ranging from hundreds of thousands to millions of dollars for COPPA violations.

Question 4

What must be included in a COPPA-compliant privacy policy?

Accepted Answer

A COPPA-compliant privacy policy must include: types of personal information collected, how information is used, disclosure practices to third parties, parental rights (access, delete, refuse further collection), contact information for questions, and effective date and revision practices.

Question 5

How does COPPA interact with FERPA for online schools?

Accepted Answer

FERPA (Family Educational Rights and Privacy Act) governs student education records, while COPPA governs online collection of children's personal information. For online schools, both may apply. FERPA allows schools to share student information with EdTech providers as 'school officials' without parental consent if certain conditions are met, which can work in conjunction with COPPA's school authorization exception.

Question 6

Do state privacy laws like CalOPPA affect online schools?

Accepted Answer

Yes, state laws add additional requirements. California's CalOPPA requires conspicuous privacy policy posting and specific disclosures. California's SOPIPA prohibits targeted advertising to students and selling student information. Other states have similar student privacy laws that may apply to online schools serving students in those states.

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