Schools & K-12 Addendum
Sector-specific terms for K-12 schools, districts, and post-secondary institutions serving minors. Attaches to and modifies the MSA where the deploying Authority is an educational institution.
1. Applicable law
Where the Authority is a school, school district, or educational agency subject to the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, "FERPA"), the Children's Internet Protection Act ("CIPA"), or the Children's Online Privacy Protection Act (15 U.S.C. §§ 6501–6506, "COPPA"), this Addendum applies. Where the Authority is subject to a State Student Data Privacy Act (Illinois SOPPA, New York Ed. Law 2-d, California AB 1584, Colorado Student Data Transparency & Security Act, or analogous), that Act's requirements apply concurrently.
2. FERPA — School Official designation
WCE performs services for the Authority under the "school official" exception to FERPA's consent rule, 34 C.F.R. § 99.31(a)(1). To that end, WCE (a) performs a service the Authority would otherwise use its own employees to perform, (b) is under the direct control of the Authority with respect to the use and maintenance of education records, and (c) is subject to FERPA's use and re-disclosure limits (34 C.F.R. § 99.33(a)). WCE shall not use education records for any purpose other than the Purpose set forth in the MSA and this Addendum.
3. Directory information
WCE shall not treat any Personal Data received from the Authority as "directory information," shall not share such data other than as authorised in the MSA and this Addendum, and shall not sell or use such data for advertising, targeting, or profile creation.
4. Parental rights
The Authority is responsible for providing notice to parents and legal guardians and, where required by law or the Authority's own policy, obtaining consent. WCE will provide template notice language on request. Where a parent or legal guardian requests access to, amendment of, or deletion of an education record, WCE shall reasonably assist the Authority in responding.
5. Interaction with law enforcement
WCE will not share Notifications or Chain-of-Custody Records with law enforcement absent (a) a valid subpoena or court order, (b) an emergency exception under 34 C.F.R. § 99.36 that the Authority has independently found applicable, or (c) an express written instruction from the Authority. Where WCE receives law-enforcement process directly, WCE will notify the Authority (unless prohibited by law) and, where lawful, defer to the Authority's response.
6. Minimum-necessary data
Notifications delivered to school operators are categorical (see the Capability Statement). Content attached to a Notification by a school operator (e.g., a still image or transcript) is minimised: the Authority is responsible for capture, retention, and disposal per its records-management policy.
7. Retention and disposition
Default Notification retention on the operator console is twelve (12) months; the Authority may configure a shorter period. Upon graduation, transfer, or as required by the Authority's records-management policy or by state law, education records shall be returned or securely destroyed on the Authority's instruction, with certification on request.
8. Training
WCE personnel with access to the Authority's data receive FERPA-awareness training on onboarding and annually thereafter. Training records are available on request under NDA.
9. Subcontractors and international transfers
WCE shall not transfer education records outside the United States without the Authority's prior written approval, and shall use only sub-processors listed at /legal/subprocessors.html, each bound by no less protective terms.
10. Signage and community disclosure
The Authority shall post appropriate signage in each Coverage Area on school premises and shall publish, in a form accessible to parents and guardians, an explanation of what the Platform does and does not do, consistent with the Capability Statement.
11. Order of precedence
In the event of a conflict with the body of the MSA, this Addendum governs to the extent required by applicable education-privacy law. Nothing in this Addendum limits either Party's obligations under state student-data-privacy law that is more protective than this Addendum.
This Addendum attaches to the MSA and is effective concurrently with it.