Virginia Code section 22.1-289.01 is the state's school service provider statute. A school service provider, in this section, is a company that operates a school service under a contract with a local school division. That contract is what brings the law into play, which is a useful thing to know as a teacher: whether it reaches a tool you adopt yourself without a division contract is a question for your division, and its own policies apply either way.
What the section asks of a provider
- Provide clear information about what student information it collects and how it is used.
- Maintain a privacy policy, and give notice before making material changes to it.
- Maintain a comprehensive information security program.
- Give schools access to the information it holds and allow it to be corrected.
- Use information only as consented to or as the contract says.
- Delete information within a reasonable time when the school asks.
- Provide an electronic copy on request. The contract may call for a machine-readable format.
The section prohibits targeted advertising, building personal profiles beyond school purposes, and selling student information. It says adaptive learning is allowed.
Checking ClassSense against it
| Duty | ClassSense today |
|---|---|
| Clear information on collection and use | See the data practices page and privacy policy. |
| Notice of material policy changes | Not documented as a standing commitment. Ask for it in the contract. |
| Comprehensive security program | We describe verifiable controls in the security overview. We have not published a document under that title. |
| Access and correction | Teachers manage their class data, linked parents see their child's information in the parent portal, and users can export records as JSON. |
| Use limited to the contract or consent | Student data is used only to operate the adaptive learning service. |
| Deletion | Within 30 days of request. Backups age out after five days. |
| Electronic copy | A copy of the school's data is provided on request. Account holders can download a JSON file. |
| No ads, profiles or sale | No advertising and no advertising trackers, no sale, and the mastery profile exists only for instruction. |
What we have not done
- We have not signed a contract with any Virginia school division.
- We are not on a state vendor list and no outside party has assessed us against this section.
- Our public documents say uploaded curriculum and student answers may be processed by an AI service. Divisions often have specific questions about AI; see student data and AI.
Two points that catch people out
Notice of changes. The section expects a provider to tell the school before a material privacy policy change takes effect. That is a contract term worth naming: who at the division receives the notice, and how far ahead.
Machine-readable copies. A division that wants records returned in a particular format, for example a spreadsheet of mastery results, should say so in the contract. We provide a copy of school data on request and a JSON export for individual accounts, and we will talk through other formats rather than promise them here.
What to do if you teach in Virginia
Ask your division whether it has an approved list for instructional software and who signs contracts. If you are in a private school, the statute is written around public divisions, so your school's own policies decide; ClassSense for private and Christian schools covers that setup. When a division wants a signed agreement or a questionnaire completed, see data processing agreements.
Plain-language summary, not legal advice. Last reviewed October 2026. Laws and regulations change, so have your district's counsel confirm anything you rely on. Statute cited: Code of Virginia section 22.1-289.01.
Common questions
Who counts as a school service provider in Virginia?
A company that operates a school service under a contract with a local school division. The contract is what brings the statute into play.
Does Virginia allow adaptive learning tools?
Yes. The section says its limits on profiles do not stop adaptive learning, though targeted advertising and sale of student information are prohibited.
Has ClassSense signed a contract with a Virginia school division?
No. We have not signed one and are not on a state vendor list. We will review a division's contract on request.
Can a Virginia district get a copy of its data?
Yes. A copy of the school's data is provided on request, and individual users can export their records as a JSON file.