Does COPPA apply to website operators that contract with schools to provide online services involving the collection, use or disclosure of students’ personal information?
Many school districts contract with third-party website operators to offer online programs solely for the benefit of their students and for the school system, e.g., homework help lines or web-based testing services. COPPA does not apply to the website operators collection of personal information from participating children where a school has contracted with an operator to collect personal information from students for the use and benefit of the school, and for no other commercial purpose. Thus, the operator is not required to obtain consent directly from parents, and can presume that the schools authorization for the collection of students personal information is based upon the school having obtained the parents consent. The operator should, however, provide the school with full notice of its collection, use, and disclosure practices, so that the school may inform parents of these practices in its Acceptable Use Policy.
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