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FERPA Compliance

How Guiden handles student educational records under the Family Educational Rights and Privacy Act

Effective Date: May 17, 2026
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The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and its implementing regulations at 34 CFR Part 99, protect the privacy of student educational records. Color Coded Kids LLC operates as a "school official" under the FERPA school official exception and is bound by the same use and disclosure restrictions as the educational institutions we serve.

1. FERPA Overview and Guiden's Role

FERPA grants parents and eligible students (students 18 or older, or attending a post-secondary institution) rights to access, review, and control disclosure of educational records. FERPA requires that schools obtain written consent before disclosing educational records to third parties — with important exceptions.

1.1 The School Official Exception

FERPA permits schools to disclose educational records without consent to "school officials" who have a "legitimate educational interest" in the records. 34 CFR § 99.31(a)(1). Guiden qualifies as a school official under this exception because:

  • We perform services and functions that would otherwise be performed by school employees (AI-assisted tutoring, grading assistance, learning analytics)
  • We are under the direct control of the school with respect to the use and maintenance of educational records
  • We use educational records only for the purpose for which the school contracted with us
  • We do not re-disclose educational records to unauthorized parties

1.2 Legitimate Educational Interest

Our legitimate educational interest in student educational records is limited to:

  • Providing AI-assisted tutoring and academic guidance
  • Generating assignment grades and feedback for teacher review
  • Computing learning analytics (KPIs) to help teachers understand student reasoning patterns
  • Enforcing usage policies set by the school
  • Maintaining the security and integrity of the educational records we hold

Access to student records within Guiden is role-based: teachers may only access records of students enrolled in their classrooms. Administrators access records only for legitimate institutional management purposes. We do not access student records for any purpose outside the educational mission.

2. What Constitutes Educational Records in Guiden

Under FERPA, "education records" are records directly related to a student and maintained by an educational agency or institution, or by a party acting on its behalf. In Guiden, the following data constitutes education records:

Chat Session TranscriptsFull text of student-AI tutor conversations within assignment sessions
Assignment SubmissionsSubmitted chat histories associated with graded assignments
AI-Generated GradesNumerical scores (0–100) and rubric breakdowns generated by the AI grader
AI FeedbackWritten feedback generated by the AI grader for each submission
Learning KPI DataTeacher-facing analytics: reasoning scores, hint usage, confidence levels, misconceptions
Submission StatusWhether a student has started, is in progress, submitted, or been graded on each assignment
Student Profile DataName, grade level, enrolled school, and interests linked to the student's educational account

3. Non-Disclosure Obligations

3.1 No Re-Disclosure Without Authorization

We do not disclose student educational records to any third party without written authorization from the school, except as required by law or permitted by FERPA. Specifically, we do not share student records with:

  • Other schools or educational institutions (without authorization)
  • Marketing or advertising companies
  • Data brokers or analytics companies
  • Any person without a legitimate educational interest as defined by the school

3.2 AI Processing — Not a Re-Disclosure

When student chat messages are sent to OpenAI's API for processing, this does not constitute a re-disclosure under FERPA because:

  • The content transmitted to OpenAI is limited to chat message content and contextual metadata (grade level as integer, subject name) — no student identifiers are included
  • OpenAI processes this data as a subprocessor under our direction and does not use it independently
  • This processing is integral to providing the educational service

3.3 Required Disclosures

We may be required to disclose educational records pursuant to:

  • A court order or lawfully issued subpoena (we will notify the school before disclosure if legally permitted)
  • A health or safety emergency posing imminent danger to the student or others
  • State and local education authorities in connection with audits, evaluations, or reporting requirements

4. School Rights Under FERPA

4.1 Right to Inspect and Review

Schools have the right to inspect and review all student educational records held by Guiden on their behalf. Upon written request from an authorized school official, we will provide complete access to the requested records within 10 business days.

4.2 Right to Request Amendment

If a school believes that student educational records held by Guiden are inaccurate, misleading, or violate a student's privacy rights, the school may request that we amend the records. We will respond to such requests within 10 business days.

4.3 Right to Consent to Disclosure

Schools retain full control over the disclosure of student educational records. Schools may direct us to share records with specific parties (e.g., parents, other authorized school officials) by submitting a written request.

4.4 Right to File Complaints

Schools and eligible students may file complaints regarding alleged FERPA violations with the U.S. Department of Education's Student Privacy Policy Office (SPPO):

NameStudent Privacy Policy Office
Address400 Maryland Avenue, SW, Washington, DC 20202-8520
Webstudentprivacy.ed.gov
EmailFERPA@ed.gov

5. Parent and Student Rights Under FERPA

FERPA rights belong to parents until the student turns 18 or attends a post-secondary institution, at which point the rights transfer to the student (who becomes an "eligible student").

Right to Inspect RecordsParents/eligible students may request access to their educational records held by Guiden through the student's school
Right to Request AmendmentParents/eligible students may request correction of inaccurate or misleading records
Right to Control DisclosureSchools must obtain written consent before disclosing records to non-authorized parties
Right to File ComplaintWith SPPO (see above) if FERPA rights are violated

To exercise FERPA rights related to records held by Guiden, students and parents should first contact their school's registrar or principal. Schools may then contact us at privacy@colorcodedkids.com.

6. Data Security for Educational Records

Encryption at RestAES-256 encryption for all stored educational records
Encryption in TransitTLS 1.3 for all data transmitted between client, server, and AI provider
Access ControlRole-based access: teachers see only their enrolled students' records
Audit TrailAll administrative access to educational records is logged
AuthenticationJWT-based authentication with secure, HttpOnly cookies
Breach NotificationSchools notified within 72 hours of a confirmed breach affecting their students' records

7. Data Retention and Return

Educational records held by Guiden are retained for 3 years after the student's last login, or until the School Partner requests deletion, whichever comes first. Upon termination of a school's Guiden account, we will:

  • Provide the school with an export of all student educational records within 30 days upon request
  • Permanently delete all student educational records within 60 days of account termination
  • Confirm deletion in writing upon request

8. School-Operator Agreement

Schools using Guiden agree, by accepting our Terms of Service, to:

  • Include Guiden in their annual FERPA notification to parents as an authorized school official with access to student records
  • Ensure that teacher access to student records within Guiden is limited to students enrolled in that teacher's classroom
  • Notify us promptly if they become aware of any unauthorized access to student records
  • Maintain appropriate data governance policies governing their use of the platform

9. Contact for FERPA Matters

Email: privacy@colorcodedkids.com

Subject: "FERPA Inquiry"

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