1. School service means an Internet website, online service or mobile application that: (a) Collects or maintains personally identifiable information concerning a pupil; (b) Is used primarily for educational purposes; and (c) Is designed and marketed for use in private schools and is used at the direction of teachers and other educational personnel. 2. The term does not include: (a) An Internet website, online service or mobile application that is designed or marketed for use by a general audience, even if the school service is also marketed to private schools; (b) An internal database, system or program maintained or operated by a private school or the governing body of a private school; (c) A school service for which a school service provider has: (1) Been designated by the governing body of a private school as a school official pursuant to the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g; (2) Entered into a contract with the governing body of a private school; and (3) Agreed to comply with and be subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, relating to personally identifiable information; or (d) Any instructional programs purchased by the governing body of a private school.
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