1. Introduction

These School District Terms apply to any school district or educational agency (collectively, “School Customers”) that engages Presence to provide special education or related services through the Presence proprietary platform (the “Presence Platform”). These School District Terms supplement any agreement, contract, or purchase order between Presence and the School Customer (the “Contract”). If there is any conflict between these School District Terms and the Contract, the terms of the Contract will prevail.

2. Services Offered

Presence partners with School Customers to deliver teletherapy, counseling, and other special education-related services (collectively, the “School Services”). All clinicians who provide such Services (collectively, “Clinicians”) possess the necessary state licensure and certifications required by the jurisdiction in which the student resides. The Presence Platform enables secure, online therapy sessions and administrative functionalities for both clinicians and school administrators, and it complies with applicable laws such as the Family Educational Rights and Privacy Act (as amended from time to time, “FERPA”).

3. Access and Accounts

School administrators will receive login credentials to create or manage user accounts for authorized school staff. Students do not create individual accounts; instead, in most cases, a designated school staff member or primary support person (“PSP”) will use a secure link to grant students access to the virtual therapy room. In mental health sessions, the PSP may remain nearby during the session but not within earshot to protect student privacy. Presence relies on School Customers to ensure that all necessary parental consents under COPPA and FERPA have been obtained for students under the age of 13 (or any other relevant age threshold).

4. FERPA and Data Protection

All student data processed through the Presence Platform in connection with services provided to School Customers is considered “education records” under FERPA, and School Customers are the primary custodians of such data. We act as a “school official” under FERPA, using student data only for authorized educational purposes, and we never sell or otherwise use student data for marketing. We maintain a secure, encrypted environment with restricted access controls. Student data is typically retained for up to seven (7) years unless otherwise specified in the Contract or as required by law. School Customers may request deletion or export of student data at any time through a designated process or in accordance with the provisions of their Contract. For more information, please visit our FERPA Policy.