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The policy states that accounts for children under 13 require parental consent prior to data collection, and that in school settings, the school provides consent on behalf of parents for collection of information from students under 13.
This analysis describes what Khan Academy's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes Khan Academy's stated COPPA compliance mechanism for child users, distinguishing between direct parental consent for general child accounts and school-delegated consent for school-context users under 13. The school-as-consent-agent model reflects the FTC's school official exception under COPPA, but its operational validity depends on the school having obtained the necessary parental notification and consent on its end.
Under this provision, children under 13 cannot create accounts without parental consent or, in school settings, without consent provided by the school on behalf of parents. The agreement states that Khan Academy relies on schools to have obtained appropriate parental consent before authorizing collection of information from school users under 13.
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"When a Child creates an account, we collect their information in compliance with applicable laws, including by seeking the consent of a parent or legal guardian ("Parent") for creation of that account. When Khan Academy is used by a School in an educational setting, we rely on the School to provide the requisite consent, on behalf of the Parent, for Khan Academy to collect information from a School User under the age of 13 for educational purposes.Excerpt from Khan Academy's Privacy Policy
1. REGULATORY LANDSCAPE: This provision directly engages the Children's Online Privacy Protection Act (COPPA) and associated FTC regulations (16 CFR Part 312), which require verifiable parental consent before collecting personal information from children under 13. The school official exception under COPPA permits schools to consent on behalf of parents for school-context data collection for educational purposes only. The FTC holds primary enforcement authority over COPPA compliance. 2. GOVERNANCE EXPOSURE: Medium. The policy's reliance on schools to provide COPPA consent on behalf of parents is consistent with FTC guidance on the school official exception, but it places operational compliance responsibility on schools to have obtained and documented parental notification and consent. Khan Academy's exposure depends on whether its school contracts adequately allocate and confirm this responsibility. 3. JURISDICTION FLAGS: COPPA applies to U.S. users under 13 regardless of school context. Some U.S. states (California, New York) have enacted additional child privacy statutes that may impose obligations beyond COPPA. EU and EEA users under 13 (or under 16 in some member states) are subject to GDPR's Article 8 age verification and parental consent requirements, which may differ from COPPA's school official exception mechanism. 4. CONTRACT AND VENDOR IMPLICATIONS: Schools using Khan Academy for K-8 or K-12 instruction should confirm that their contracts with Khan Academy specify the consent obligations of each party and that school data processing agreements address the scope of permissible data collection from students under 13. Schools should document their COPPA notification and consent procedures to support Khan Academy's reliance on the school official exception. 5. COMPLIANCE CONSIDERATIONS: Khan Academy's contracts with schools should be reviewed to confirm that the school official consent delegation is operationally documented and that schools have fulfilled their notification obligations to parents. Compliance teams should also assess whether the policy's treatment of the school consent model is consistent with the FTC's current interpretive guidance on the school official exception under COPPA.
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This provision establishes Khan Academy's stated COPPA compliance mechanism for child users, distinguishing between direct parental consent for general child accounts and school-delegated consent for school-context users under 13. The school-as-consent-agent model reflects the FTC's school official exception under COPPA, but its operational validity depends on the school having obtained the necessary parental notification and consent on its end.
Under this provision, children under 13 cannot create accounts without parental consent or, in school settings, without consent provided by the school on behalf of parents. The agreement states that Khan Academy relies on schools to have obtained appropriate parental consent before authorizing collection of information from school users under 13.
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