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School personnel who register or direct students to create Khan Academy accounts represent and warrant that they have obtained express parental consent or have complied with applicable COPPA or FERPA exemptions. Khan Academy reserves the right to request documentation of parental notices and consent at any time.
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 contractually assigns COPPA and FERPA parental consent obligations to school personnel and institutions, and includes a representation and warranty that consent has been obtained prior to student account creation. The terms expressly state Khan Academy bears no liability for school personnel's failure to obtain required consent.
Under this clause, school personnel and institutions are contractually responsible for obtaining and documenting parental consent before registering students on Khan Academy, and represent at the point of registration that such consent exists or a valid exemption applies. Khan Academy may request consent records at any time.
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"IF YOU ARE SCHOOL PERSONNEL AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR OTHER STUDENT FOR SCHOOL USE (EACH, A "STUDENT" OR "STUDENT USER") OR DIRECT A STUDENT USER TO CREATE AN ACCOUNT FOR SCHOOL USE, YOU REPRESENT AND WARRANT THAT YOU HAVE EITHER RECEIVED EXPRESS CONSENT FROM SUCH STUDENT USER'S PARENT FOR REGISTRATION OF THE STUDENT USER AND DISCLOSURE OF RELATED INFORMATION TO KHAN ACADEMY OR THAT YOU (OR YOUR INSTITUTION) HAVE COMPLIED AND WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF AN EXEMPTION FROM OR EXCEPTION TO PARENTAL CONSENT REQUIREMENTS (IF ONE IS AVAILABLE), NECESSARY FOR YOU TO REGISTER THE STUDENT USER FOR AN ACCOUNT ON THE WEBSITE AND, TO THE EXTENT NEEDED UNDER APPLICABLE LAWS, CONSENT TO KHAN ACADEMY'S USE OF INFORMATION YOU OR YOUR USERS DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH STUDENT USER AND USE OF THE SERVICES. Khan Academy reserves the right to request, at any time, that School Personnel (or the Institution) provide records of notice provided to, and consent provided by, Parents.Excerpt from Khan Academy's Terms of Service
1) REGULATORY LANDSCAPE: This provision directly engages COPPA (enforced by the FTC) and FERPA (enforced by the U.S. Department of Education). COPPA requires verifiable parental consent before collecting personal information from children under 13. FERPA requires written consent before disclosing personally identifiable information from education records, subject to school official exceptions. The contractual assignment of these obligations to school personnel does not eliminate Khan Academy's own COPPA obligations as an operator, which the FTC enforces independently of contractual allocation. 2) GOVERNANCE EXPOSURE: High for educational institutions. The representation and warranty structure means that institutions making false representations about consent status bear contractual liability. The right to request consent records creates an ongoing documentation and audit obligation for institutions. 3) JURISDICTION FLAGS: States with student privacy statutes beyond FERPA and COPPA, including New York Education Law 2-d, the California Student Privacy Alliance framework, and similar state laws, may impose additional consent and notice obligations that school personnel must satisfy. International use for school purposes implicates GDPR's requirements for lawful processing of children's data. 4) CONTRACT AND VENDOR IMPLICATIONS: Institutions should ensure that their data processing agreements or District Agreements with Khan Academy clearly document the division of COPPA and FERPA compliance responsibilities. The document's statement that Khan Academy bears no liability for school personnel's failure to obtain consent is a liability shift that procurement and legal teams should assess against applicable regulatory requirements, as COPPA places independent operator obligations on Khan Academy regardless of contractual allocation. 5) COMPLIANCE CONSIDERATIONS: Institutions should implement documented consent workflows prior to enabling student access, maintain records of parental notices and consents that can be produced in response to Khan Academy's reservation of right to request such records, and assess whether existing processes satisfy both COPPA and any applicable FERPA exemptions being relied upon.
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This provision contractually assigns COPPA and FERPA parental consent obligations to school personnel and institutions, and includes a representation and warranty that consent has been obtained prior to student account creation. The terms expressly state Khan Academy bears no liability for school personnel's failure to obtain required consent.
Under this clause, school personnel and institutions are contractually responsible for obtaining and documenting parental consent before registering students on Khan Academy, and represent at the point of registration that such consent exists or a valid exemption applies. Khan Academy may request consent records at any time.
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