# School Service Provider Data Privacy Agreement (FERPA) **My Learning Shell — mylearningshell.com** *Template version 1.0 — Effective Date: August 29, 2026* This Data Privacy Agreement ("**Agreement**") is entered into by and between the school or school district ("**School**") and My Learning Shell ("**Operator**" or "**My Learning Shell**"). It governs Operator's access to, use of, and protection of Student Data and Education Records collected, created, received, or maintained in the course of providing the My Learning Shell tutoring service (the "**Service**") to the School. This Agreement is required before any classroom account is activated under My Learning Shell's school-consent path. It establishes Operator as a "school official" under the Family Educational Rights and Privacy Act ("**FERPA**"), 20 U.S.C. § 1232g and 34 C.F.R. Part 99, and is retained alongside the COPPA school-consent authorization audit record. --- ## 1. Parties and Effective Date - **School:** ____________________________________ (the "School") - **School Administrator:** ____________________________________ - **Operator:** My Learning Shell, operator of mylearningshell.com - **Operator Contact:** hello@mylearningshell.com - **Effective Date:** ____________________________________ --- ## 2. Definitions - **"Education Records"** has the meaning given in FERPA, 20 U.S.C. § 1232g and 34 C.F.R. § 99.3: records directly related to a student and maintained by the School or by a party acting for the School. - **"Student Data"** means information collected, created, or generated by the Service that directly relates to an identifiable student, including the student's display name, grade level, chat inputs, progress records, and game-play records. Student Data is a subset of Education Records when maintained by Operator on behalf of the School. - **"De-identified Data"** means Student Data from which all personally identifiable information has been removed such that the remaining information cannot reasonably be used to identify an individual student. - **"School Official"** has the meaning given in 34 C.F.R. § 99.31(a)(1)(i) and the conditions of § 99.31(a)(1)(i)(B). - **"AI Vendor"** means a third-party artificial-intelligence language-model provider engaged by Operator to generate tutoring responses (currently Anthropic, Google, and OpenAI). --- ## 3. Designation as "School Official" The School designates Operator as a "school official" under 34 C.F.R. § 99.31(a)(1)(i)(B) for the limited purpose of providing, maintaining, and evaluating the Service. Operator meets the conditions of the school-official exception because: 1. Operator performs a service for which the School would otherwise use its own employees; 2. Operator is under the direct control of the School with respect to the use and maintenance of Student Data (see Sections 4, 5, and 13); 3. Operator uses Student Data only for the purposes for which the disclosure was made and does not disclose Student Data to other parties except as permitted by this Agreement or required by law; and 4. Operator has a legitimate educational interest in the Student Data necessary to provide the Service. Operator acknowledges that Student Data disclosed under the school-official exception remains Education Records and is subject to all FERPA requirements governing such records. --- ## 4. Permitted Uses of Student Data Operator may use Student Data only to: 1. Provide, maintain, support, and evaluate the Service for the School and its students; 2. Adapt the Socratic tutoring guidance to a student's grade band and prior progress; 3. Generate aggregate, De-identified Data for service improvement, provided that such data cannot reasonably be re-identified; and 4. Comply with applicable law, including COPPA and FERPA obligations. Operator shall not use Student Data for any purpose not authorized by this Agreement or the School in writing. --- ## 5. Prohibited Uses of Student Data Operator shall not: 1. Use Student Data for targeted advertising to students or their parents/guardians; 2. Sell Student Data to any third party; 3. Use Student Data to train external machine-learning models without the School's prior written permission (see Section 8); 4. Profile a student for non-educational purposes, including commercial profiling; 5. Combine Student Data with data from other sources to re-identify a student; or 6. Disclose Student Data to any third party except as required by law or as expressly permitted under this Agreement. --- ## 6. Data Minimization and Retention Operator collects only the Student Data reasonably necessary to provide the Service: each student's display name, email address, grade level, chat inputs, progress records, and game-play records. Operator does not collect date of birth, home address, telephone number, biometric data, or location data from students. Operator retains Student Data as follows: - Chat history, game-play records, and non-mastered progress records are retained for a maximum of 90 days from the date of last activity, after which they are permanently and automatically deleted. - Progress records for topics a student has mastered are retained for the life of the account to preserve cumulative learning history and to schedule spaced-repetition review. - COPPA school-consent authorization records (the School administrator's attestation) are retained for the duration required to satisfy COPPA and applicable record-keeping regulations and are not subject to the 90-day purge. Upon termination of this Agreement, Operator will, at the School's election, return or destroy all Student Data in accordance with Section 13, except that authorization audit records required for compliance are retained as provided above. --- ## 7. Security Safeguards Operator maintains reasonable administrative, technical, and physical safeguards designed to protect Student Data against unauthorized access, use, alteration, or disclosure. These include: 1. Encryption of Student Data in transit over encrypted connections; 2. Row-level security isolating one School's Student Data from another School's data and from parent-managed accounts; and 3. Access to Student Data limited to authorized Operator personnel and the School's authorized staff. Operator will not store student passwords in plaintext. --- ## 8. Subcontractors and AI Vendor Flow-Down Operator engages AI Vendors (currently Anthropic, Google, and OpenAI) to generate tutoring responses. Student chat inputs are transmitted to these AI Vendors solely to generate the tutoring response. Operator shall flow down the obligations of this Agreement — including the prohibition on using Student Data to train external models and the prohibition on sale of Student Data — to each AI Vendor through a Data Processing Agreement or equivalent contractual terms. Operator remains liable to the School for any AI Vendor's failure to comply with these obligations. Operator is actively confirming with each AI Vendor the specific contractual terms governing retention and use of data for model training and will provide the School with a summary of those terms upon request once executed. --- ## 9. Parental and Student Rights Under FERPA, parents and eligible students have the right to: 1. Inspect and review the student's Education Records maintained by Operator on behalf of the School; 2. Request amendment of Education Records believed to be inaccurate or misleading; and 3. File a complaint with the U.S. Department of Education's Student Privacy Policy Office concerning alleged failures by the School or Operator to comply with FERPA. For classroom students, a parent or guardian may additionally link to the student's account via the student's unique Family Code for read-only access to the student's chat history and progress. --- ## 10. Breach Notification Operator will notify the School without undue delay, and in any case within 72 hours of discovery, of any unauthorized acquisition, access, use, or disclosure of Student Data that compromises the security or confidentiality of such data. The notice will describe the nature of the breach, the categories of data involved, the steps Operator has taken or plans to take to mitigate harm, and the measures taken to prevent recurrence. --- ## 11. COPPA Acknowledgment Operator acknowledges that, for classroom accounts, the School administrator's authorization stands in for parental consent under the Children's Online Privacy Protection Act ("COPPA"), 15 U.S.C. §§ 6501–6506, and its implementing regulations, including the school-consent exception. Operator retains the school administrator's authorization attestation as the COPPA compliance audit record for each classroom student. --- ## 12. State Student Privacy Law Operator will comply with applicable state student-data-privacy laws in the jurisdictions where the School operates, including, where applicable, the Student Online Personal Information Protection Act ("SOPIPA")-style laws of California, New York, and other states. To the extent a state law imposes greater obligations than this Agreement, the greater obligation controls. --- ## 13. Term, Termination, and Data Return This Agreement is effective as of the Effective Date and continues for the duration of the School's use of the Service. Either party may terminate this Agreement upon written notice to the other. Upon termination, Operator will, at the School's written election, either return all Student Data to the School in a commonly used electronic format or permanently destroy it, within 60 days of termination. Operator may retain Student Data to the extent required by law or as necessary to complete the 90-day purge cycle, after which it will be destroyed. COPPA authorization audit records are retained as provided in Section 6. --- ## 14. Audit Rights The School has the right, upon reasonable notice and not more than once per calendar year, to audit Operator's compliance with this Agreement, including Operator's use and protection of Student Data. Such audits will be conducted in a manner that does not unreasonably interfere with Operator's business operations and will be subject to confidentiality obligations. --- ## 15. Signatures By signing below, the parties represent that they are authorized to enter into this Agreement and agree to be bound by its terms. **For the School / School District:** Name: ______________________________________ Title: ______________________________________ Signature: __________________________________ Date: ____________ **For My Learning Shell (Operator):** Name: ______________________________________ Title: ______________________________________ Signature: __________________________________ Date: ____________ --- *This document is a template. The signed and dated copy constitutes the FERPA compliance record for the School and is retained by both parties alongside the COPPA school-consent authorization audit trail. Questions regarding this Agreement may be directed to hello@mylearningshell.com. For platform-level inquiries, you may also contact Base44 support.*