Information about your students will be stored in records managed by formED SMART, and this information may be deemed confidential under the Family Educational Rights and Privacy Act of 1974 (20 U.S. C. 1232g) (FERPA), unless proper consent is obtained from the students or their legal guardians. 

While your institution is responsible for defining and enforcing FERPA-related policies, formED SMART offers various features and strives to help you ensure compliance with FERPA regulations. Our educational platform is fully committed to protecting the privacy and security of student education records in compliance with the Family Educational Rights and Privacy Act (FERPA). We ensure that all student data collected and maintained through our platform is handled with the highest level of confidentiality.

Data Security and Encryption: We employ commercially reasonable administrative, physical, and technical measures, including encryption during storage and transmission, to prevent unauthorized access or disclosure of student information. Data is stored on Amazon Web Services (AWS) which employs sophisticated perimeter security and internal controls.

Access Control and Monitoring: Access to student records is strictly limited to authorized individuals as defined by your institution. Our platform features role-based access controls, ensuring that only those with proper authorization can view or manage student data. All access attempts are logged, including details such as IP addresses, user IDs, and roles, with logs available upon request.

Data Ownership and Retention: Your institution retains full ownership of all data uploaded to the formED SMART platform. We regularly back up student data securely, though it remains the institution’s responsibility to maintain a FERPA-compliant records-retention policy. Institutions can export their data at any time during the term of the agreement, and data retrieval services are available for up to three months after termination. Following this period, data may be permanently deleted.

Privacy and Disclosure: We adhere to strict privacy standards, ensuring that education records are only used as agreed upon in our contract. We do not redisclose any student information without the explicit permission of the institution. Schools are provided with access to their students’ records and are notified of any changes to our terms in advance.

Breach Notification and Response: In the event of a data breach or unauthorized disclosure, formED SMART is committed to promptly notifying affected institutions and taking appropriate corrective actions to mitigate any potential impact.

Student and Parent Rights: formED SMART recognizes and supports the rights of students and their parents under FERPA, including the right to access and review education records, as well as the right to request corrections to any inaccuracies. As a service provider, formED SMART cannot delete, alter, or share student data or other records collected or processed on behalf of an educational institution. Therefore, any requests related to student records will be directed to the appropriate educational institution or clinician for handling.

Please see our Privacy Policy for more information regarding how we collect and use information.