We comply with California Education Code Section 49073.1 regarding the privacy, security, confidentiality, and handling of pupil records.
Student Ownership and Control of Records
Pupil records provided to Learning Without Tears by a school district, school, or educational organization remain the property of and under the control of the applicable local educational agency (“LEA”). We access and use pupil records solely for the purpose of providing our Services requested by the LEA.
Pupil-Generated Content
To the extent our Services allow students to create or upload content in connection with educational activities (“Pupil-Generated Content”) offered by our Services, students or educational organizations may request access to or export of such content where applicable and technically feasible. In certain circumstances, upon request, students may also retain or transfer such content to a personal account, if permitted by the educational organization.
Restrictions on Use of Student Information
Learning Without Tears does not use any information contained in pupil records for any purpose other than providing our Services to LEAs, as required or specifically permitted by our agreements with educational organizations, applicable federal and California state law, or this Privacy Policy.
Review and Correction of Records
Parents, legal guardians, eligible pupils, or authorized school officials may request access to PII maintained by Learning Without Tears on behalf of an educational organization and may request correction of inaccurate information. Requests should be directed to the applicable educational organization or school administrator, and Learning Without Tears will cooperate with the educational organization to support lawful access, review, and correction requests.
Security and Confidentiality
Learning Without Tears maintains commercially reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of pupil records. These safeguards include employee training, restricted access controls, encryption technologies, authentication protections, and secure data storage practices. Learning Without Tears designates appropriate personnel responsible for overseeing student data privacy and security obligations.
Unauthorized Disclosure Notification
In the event of an unauthorized disclosure of pupil records or PII, Learning Without Tears will notify the affected LEA without unreasonable delay and cooperate in providing any legally required notifications to affected parents, legal guardians, or eligible pupils, consistent with applicable law and contractual obligations.
Retention and Deletion of Records
Upon termination or expiration of the applicable agreement (software license, data privacy agreement, etc) with an LEA, Learning Without Tears will not retain or make available pupil records except as necessary to comply with applicable law or as directed by the LEA. Student records will be securely deleted, destroyed, or returned in accordance with applicable contractual and legal requirements. This provision does not apply to pupil-generated content maintained by a student in a personal account, where applicable.
FERPA Compliance
Learning Without Tears works with LEAs to support compliance with FERPA and applicable student privacy laws. Learning Without Tears acts as a service provider to educational organizations and uses pupil records only for authorized educational purposes under the direction and control of the LEA to provide our Services. Our FERPA compliance is further detailed in Section 2 of this Privacy Policy.
No Targeted Advertising Using PII
Learning Without Tears does not use PII contained in pupil records to engage in targeted advertising to students, parents, or guardians.