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Developed by the U.S. Department of Education’s Privacy Technical Assistance Center (PTAC), it explains how Click-Wrap agreements can govern collection, use, sharing, and privacy risk. It guides schools and districts in reviewing TOS provisions by comparing best-practice “GOOD!” language with “WARNING!” provisions that may lead to FERPA or other legal violations, supported by explanatory rationale and PTAC resources.",{"@graph":69,"@context":121},[70,84,104],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":35,"@type":76,"position":81},"https://docshare.wps.com/document/healthcare/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/protecting-student-privacy-while-using-online-educational-services-model-terms-of-service/586447/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":98,"encodingFormat":97,"isAccessibleForFree":99,"interactionStatistic":100},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/protecting-student-privacy-while-using-online-educational-services-model-terms-of-service/586447.png","ImageObject",300,407,{"name":92,"@type":93},"Quinn Holloway","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-15",true,{"@type":101,"interactionType":102,"userInteractionCount":4},"InteractionCounter",{"@type":103},"ViewAction",{"@type":105,"mainEntity":106},"FAQPage",[107,113,117],{"name":108,"@type":109,"acceptedAnswer":110},"What is PTAC’s role in student data privacy guidance?","Question",{"text":111,"@type":112},"PTAC was established by the U.S. Department of Education to help education stakeholders learn about data privacy, confidentiality, and security practices related to student data systems. 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PTAC provides timely information and updated guidance through a variety of resources, including training materials and opportunities to receive direct assistance with privacy, security, and confidentiality of student data systems. More PTAC information is available at [https://studentprivacy.ed.gov](https://studentprivacy.ed.gov).  \nPTAC welcomes input on this document and suggestions for future technical assistance resources relating to student privacy. Comments and suggestions can be sent to [PrivacyTA@ed.gov](PrivacyTA@ed.gov).  \nPurpose of this Guidance  \nIn February 2014, PTAC issued guidance titled  Protecting Student Privacy While Using Online Educational  Services: Requirements and Best Practices. This Model Terms of Service document is intended to further assist schools and school districts in implementing that guidance.  \nIn a traditional contracting process, the buyer and seller mutually agree on a set of terms and then sign a contract reflecting those terms. However, many providers of online educational services and mobile applications (i.e., vendors, contractors, and other service providers) instead rely on a Terms of Service (TOS) agreement that requires a user to click to accept the agreement in order to access the service or application for the first time. These types of agreements are commonly referred to as “Click-­‐Wrap” agreements. Once a user at the school or district clicks “I agree,” these terms will likely govern what information the provider may collect from or about students, what they can do with that information, and with whom they may share it. Depending on the content, Click-­‐Wrap agreements may lead to violations of the Family Educational Rights and Privacy Act (FERPA), the Protection of Pupil Rights Amendment (PPRA), or other laws, as well as privacy best practices.  \nPTAC offers this guidance to schools and districts to help them evaluate potential TOS agreements, and to offer direction regarding terminology frequently used in these agreements. By understanding commonly used provisions, schools and districts will be better able to decide whether to consent to a Click-­‐Wrap or other TOS agreement for online educational services and mobile applications. The best practice recommendations below may also assist providers by suggesting approaches that better protect student privacy.  \nSchools and districts should exercise diligence when reviewing TOS agreements and follow established school and district policies for evaluating and approving online educational services and mobile applications. This will help ensure that the service or application is inventoried and evaluated, supports the school’s and district’s  \nPTAC-FAQ 4, January 2015 (Revised March 2016) Page 1  \nbroader mission and goals, and that the TOS is legally appropriate and compatible with the school’s and district’s policies and procedures.  \nTerms of Service and Privacy  \nWhen negotiating a contract or evaluating a provider’s TOS agreement, remember your school’s or district’s obligations regarding student privacy. Make sure the agreement explicitly describes how the provider may use and share student data.  \nThe table below summarizes PTAC recommendations regarding key TOS provisions. The “GOOD!” column contains our best practice recommendations for TOS privacy provisions. If you see this language in your TOS, it is a positive indication that the provider is making a good faith effort to respect privacy. The “WARNING!”column contains provisions that represent poor privacy policy and may lead to violations of FERPA or other statutes. Wh","cbCaioO1ml84aUMr","https://ap.wps.com/l/cbCaioO1ml84aUMr","pdf",405379,"English","# Purpose of this Guidance\n## PTAC and available assistance\n# Guidance for reviewing Terms of Service\n## Click-Wrap agreements and privacy impacts\n# Terms of Service and Privacy\n## Key TOS provisions and recommendations\n## Privacy-related provisions: definition of data","[{\"question\":\"What is PTAC’s role in student data privacy guidance?\",\"answer\":\"PTAC was established by the U.S. Department of Education to help education stakeholders learn about data privacy, confidentiality, and security practices related to student data systems. It provides updated guidance and direct assistance resources.\"},{\"question\":\"What are “Click-Wrap” agreements and why do they matter for privacy?\",\"answer\":\"Click-Wrap agreements require users to accept terms to access an online service or mobile application. Once accepted, the terms govern what information may be collected about students, what it can be used for, and with whom it may be shared.\"},{\"question\":\"How should schools and districts evaluate a provider’s Terms of Service?\",\"answer\":\"Schools and districts should review TOS agreements with diligence, follow established policies, ensure the service is inventoried and aligned with mission goals, and confirm the TOS is legally appropriate and compatible with their policies. PTAC recommends checking specific provisions using its “GOOD!” versus “WARNING!” framework.\"}]","Protecting Student Privacy While Using Online Educational Services - Model Terms of Service | PDF",23]