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FERPA Compliance

How ThinkKits handles education data under the Family Educational Rights and Privacy Act.

Our Data Model

ThinkKits operates two distinct data layers — it is important to understand both.

Layer 1 — Intelligence layer (public federal data): ThinkKits aggregates publicly available federal data from NCES, USASpending.gov, USAC E-Rate, and state education agencies. This data is published by the federal government, contains no individually identifiable student information, and is available to anyone.

Layer 2 — Account data (owned by the account holder): Data created by users on the platform — saved searches, grant applications, team comments, uploaded files — is owned by the account holder, not by ThinkKits. ThinkKits acts solely as a data custodian. This data is never shared, sold, or analyzed across accounts.

We do not collect, store, process, or have access to:

FERPA Applicability

Key Point

ThinkKits does not access, collect, or process student education records as defined under FERPA (20 U.S.C. § 1232g; 34 CFR § 99.3). All school-level intelligence data is sourced from publicly available federal datasets and contains no individually identifiable student information. Account data created on the platform is owned by the account holder and is not shared, sold, or used for any purpose other than providing the service. District-uploaded enrollment data contains aggregate counts only — no individual student records — and remains the sole property of the uploading district.

We document our practices in full because district procurement teams need to verify these claims. Transparency is the standard.

What We Process vs. What We Don’t

Data Category We Process We Don’t Process
School demographics (name, address, type, locale) ✓ Publicly available via NCES CCD
Enrollment counts (total, by grade, by race/ethnicity) ✓ Aggregate counts from NCES ✗ Individual student enrollment
Free/Reduced Lunch percentages ✓ School-level % from NCES ✗ Individual student eligibility
Federal funding allocations ✓ Title I, IDEA, E-Rate from public sources ✗ Individual student funding
Assessment proficiency rates ✓ School-level % proficient from state DOEs ✗ Individual student scores
Board meeting minutes ✓ Publicly posted agendas/minutes ✗ Executive session content
User account data ✓ Email, name, org (from Clerk auth) ✗ Student/parent accounts
Platform account data (searches, grants, comments) ✓ Owned by account holder, custodied by ThinkKits ✗ Shared, sold, or analyzed across accounts
District SIS uploads (enrollment counts) ✓ Aggregate counts only, owned by uploading district ✗ Individual student records or cross-district sharing

FERPA Does Not Apply to ThinkKits

ThinkKits processes only publicly available, aggregate education data. No student personally identifiable information (PII) is collected, stored, or processed. FERPA does not apply to ThinkKits’ data practices.

Because ThinkKits never receives education records from schools, no FERPA exception — including the school official exception under 34 CFR § 99.31(a)(1) — is required or relied upon. Districts send us no student data; there is nothing to regulate.

If a district’s DPA template includes school official exception language as boilerplate, we will sign it and note in the agreement that no covered data flows to ThinkKits under normal platform operation.

Data Handling Practices

Even without FERPA-regulated data, we follow best practices:

Parent Rights Under FERPA

Can parents request to see their child’s data on ThinkKits?
ThinkKits does not hold any individual student data. All data on our platform is aggregated, publicly available school-level information. Parents seeking individual student records should contact their school directly.
Can parents request deletion of their child’s data?
We do not possess individual student data to delete. If a parent believes otherwise, they can contact privacy@thinkkits.com and we will investigate and respond within 72 hours.
Does ThinkKits share student data with third parties?
No. We do not have student data to share. Our platform contains only publicly available school-level aggregate data.

72-Hour Breach Notification

In the unlikely event of a data breach affecting user account information (email, name, organization), ThinkKits commits to:

Data Processing Agreement

We maintain a standard Data Processing Agreement (DPA) template aligned with the Student Data Privacy Consortium (SDPC) National DPA. Districts can:

Contact

For FERPA-related questions: privacy@thinkkits.com  |  (267) 936-0332

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