Connections Learning Terms and Conditions Virtual Learning Programs

Index of Defined Terms


“Academic Year” shall mean the school year as defined by the School Calendar under which Customer operates, not including any portion of the year allocated to “summer school” or any similar period, however designated, unless stated otherwise in the Agreement.

“Acceptable Use Policy” means that certain policy governing the use of Pearson electronic resources, including software, hardware devices and network systems, the most current version of which can be found at the following URL, or such other URL as Pearson or its Affiliates may designate from time to time.

“Administrative Staff” means any and all individuals employed by or otherwise providing services for or on behalf of Pearson or Customer.

“Affiliate” means any entity controlling, controlled by or under common control with another entity. With respect to Pearson, Affiliates shall also include Pearson plc and its Affiliates. For the purposes of this definition, “control” means the possession, directly or indirectly, of the power to direct the management and policies of an entity whether through the ownership of voting securities, registered capital, contract or otherwise.

“Agreement” shall mean these Terms and Conditions together with any Statement of Work, Educational Services Quote, or any other agreement or price quotation agreed to by the Parties to which these Terms and Conditions are attached and/or into which these Terms and Conditions are incorporated into by reference, together with any amendments, modifications, or renewals of such Statement of Work, Educational Services Quote, or other agreement or price quotation.

“Authorized Users” shall mean the Students, Caretakers, Learning Coaches, Teachers, Instructional Aides, Administrative Staff, and Mentors who are authorized to access the EMS, the Content and Courses pursuant to these Terms and Conditions and the related Agreement.

“Caretaker” shall mean a parent or legal guardian of the Student or another adult specifically designated by the Student’s parent or legal guardian, or the Student where over the age of 18 or otherwise legally emancipated.

“Certified” when used with respect to Pearson Teachers, shall mean that such teachers are certified in one of the fifty United States, but not necessarily certified in Customer’s State.

“Confidential Information” shall mean proprietary business, technical and financial information of each of the Parties, including for example and without limitation, each Party’s respective information concerning: (a) business strategy and operations such as business plans, methods, marketing strategies, outreach plans and sales information, pricing information and customer and prospect lists, the identities and locations of vendors and consultants providing services or materials to or on behalf of the disclosing Party; (b) product development such as product designs and concepts; (c) financial information such as budget and expense information, economic models, pricing, cost and sales data, operating and other financial reports and analysis; (d) human resource information such as compensation policies and schedules, employee recruiting and retention plans, organization charts and personnel data; (e) educational content, curricula, teaching outlines, lesson plans, testing processes and procedures; (f) Student Records and other Student-related or Caretaker-related personal information; (g) the terms of the Agreement; (h) login and password information for the EMS; (i) technical information such as development methods, computer software, research, inventions, the design and operation of the EMS; and (j) other similar non-public information that is furnished, disclosed or transmitted to the receiving Party or to which the receiving Party is otherwise given access by the disclosing Party, orally, in written form, in any type of storage medium, or otherwise. Confidential Information, in whatever form provided, shall remain the exclusive property of the disclosing Party at all times, and the Parties hereby acknowledge and agree that all such Confidential Information of a Party are its trade secrets. Except as specifically provided for herein, nothing contained in the Agreement or herein shall be construed as granting or conferring any rights in any Confidential Information disclosed to the receiving Party, by license or otherwise.

“Content” means the components of a Course and/or SDR licensed, designed, developed, owned or provided by Pearson and its third party content partners and delivered in an online format through the EMS or in an offline format (textbooks and other materials) to teach Students in various subjects in grades K–12 and/or to deliver resources in connection with the Services. Content may include courseware, data, documentation, text, audio, video, graphics, animation, drawings, programming, icons, images, pictures, charts, and, in the case of Courses delivered via the EMS, Teachlet® tutorials and LiveLesson® sessions. Pearson reserves the right to add Content, withdraw Content, modify and/or offer substitute Content, in its sole discretion.

“Course” means a program of instruction provided by Pearson, which includes Content accessed through the EMS and may include support from Pearson Teachers and/or Instructional Aides, as specified in the applicable Agreement.

“Derivative Works” include any translation, editorial revision, annotation, elaboration, or other modification, correction, addition, enhancement, extension, condensation, upgrade, improvement, compilation, abridgement or other form in which the Content may be recast, transformed or adapted, including but not limited to all forms in which such Derivative Works may or may not infringe any of the copyrights in the Content.

“Educational Products and Services” shall mean the educational products and/or services to be provided by Pearson to Customer pursuant to the Agreement to which these Terms and Conditions are attached and/or into which these Terms and Conditions are incorporated by reference.

“Enrollment Leads” shall mean the Caretaker names, contact information, demographic and other information developed and collected through Pearson marketing efforts (including but not limited to Public Information Campaigns defined herein) at any time before, during or after the initial or any renewal term of this Agreement, including leads, developed and collected through radio, online and television advertisements, online and in person information sessions, the Website, surveys and petition gathering efforts, and other marketing activities performed on behalf of Pearson and/or the Customer

“Educational Services Quote” shall mean that certain document identified as an Educational Services Quote, provided by Pearson to Customer and accepted by Customer, setting forth certain Educational Products and Services being obtained by Customer from Pearson as well as such other business terms to which the Parties agree to be bound.

“EMS” means the website or Education Management System (also sometimes referred to as “Pearson Connexus®” or “Connexus®”) with the URL, or such other URL as Pearson or its Affiliates may designate from time to time, through which Authorized Users access Pearson Content via a secure, password protected website. The features and functions of the EMS may be modified and/or updated from time to time by Pearson. Access to the EMS is governed by the Terms of Use located at and defined herein.

“FERPA” means the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232 (g), as amended from time to time.

“Instructional Aides” means any and all individuals who are involved in supporting, facilitating or assisting in the provision of instruction, assessment and/or other Services to Students. Instructional Aides may include Tutors if Pearson is providing tutoring services under the applicable Agreement.

“Instructional Services” means the provision of all Teachers or other professionals necessary to fully deliver the Education Program to Students. Teachers shall be subject-matter credentialed and licensed under the laws of any state (including the District of Columbia) that comprises the United States, but need not be licensed under the laws of the Customer’s state. Teacher responsibilities shall include integrating state-of-the-art instructional tools and the Content to engage and instruct Students; creating individualized lesson plans and instruction; providing engaging real-time instruction and one-on-one support via LiveLesson® sessions, phone and e-Mail; and tracking Student progress.

“Intellectual Property” means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, now or in the future, including but not limited to, moral rights, industrial design rights and similar rights, and shall in all cases include Enrollment Leads, data and materials and other related collateral developed by Pearson, regardless of whether such data, materials and collateral are developed specifically for the Customer.

“Learning Coach” shall mean a Caretaker of the Student or another adult specifically designated by the Student’s Caretaker, or the Student where over the age of 18 or otherwise legally emancipated, who will be responsible for all of the non-instructional aspects of the Student’s virtual learning program that contribute to a Student’s success, including but not limited to monitoring Student attendance, monitoring Student progress, encouraging Students to complete assignments and turn in work, communicating with Caretakers in situations where the Learning Coach and Caretaker are not one and the same person, and notifying Teachers when Students are struggling or experience academic or personal issues that might inhibit academic achievement. Additionally, Learning Coaches may be responsible for receiving materials from Pearson and distributing them to their Students.

“POA” means the Pearson Online Academy, an accredited online private school operated by Pearson.

“Privacy Policy” means that certain statement of Pearson’s practices for handling personally identifiable and non-personally identifiable information gathered by Pearson through the EMS or any website maintained by Pearson from time to time. Pearson’s Privacy Policy is accessible from the log-in page of the EMS.

“Related Services” shall mean services related to the provision of speech therapy, occupational therapy, physical therapy, counseling, social skill development, psych-educational evaluations, closed captioning, sign language interpreting, transition and job coaching, academic support for the vision and hearing impaired, adapted physical education, assistive technology, and other services of a similar nature.

“School Calendar” shall be the days when Services under this Agreement will be delivered to Students. Pearson will provide Services on those days established to be the School Calendar for the Academic Year, except that Students may continue to report attendance during scheduled school holidays to the extent permitted under State law. The School Calendar for each Academic Year shall be as approved by Customer and Pearson taking into account all reasonable comments and suggestion by Pearson and shall meet any regulatory requirements for days and hours of instruction required by law or regulation.

“School Handbook” shall mean the set of policies, rules and guidelines that are to be followed by Students, Instructional Aides and Mentors.

“SDR” means Service Delivery Resource and relates to any tools, instructions, assessments or other support materials used in the delivery of Services, either through the EMS or otherwise.

“Services” means any service provided by Pearson to Students, including therapeutic or educational services, under the terms of the Agreement between Customer and Pearson.

“Statement of Work” shall mean that certain document identified as a Statement of Work, executed by Customer and Pearson, setting forth certain Educational Products and Services being obtained by Customer from Pearson as well as such other business terms to which the Parties agree to be bound.

“Student” means any person who is enrolled in one or more Courses offered by Pearson under the terms of the Agreement.

“Student Records” shall mean those “educational records,” as defined in subsection (a)(4)(A) of FERPA (as defined above), which Customer or Pearson is required to retain in accordance with state law.

“Special Education Services” shall mean all necessary special education programs and services, including the development and implementation of IEPs and Section 504 plans, ELL plans, Gifted education plans, handling administrative proceedings and specialized services, submitting state or federal reports, applying for and administering supplemental funding, providing other Related Services and all other administrative services associated with the delivery of services to Special Needs Students.

“Special Needs Students” shall mean Students (as hereinafter defined) with a disability who require specially designed instruction, accommodations and/or modifications to meet such Student’s unique needs under the Federal Individuals with Disabilities Education Improvement Act, as amended (“IDEIA”) or Section 504 of the Federal Rehabilitation Act of 1973.

“Teacher” means any and all educators (including Pearson Teachers) involved in providing instruction, assessment and/or other educational support of Students pursuant to the terms of the Agreement.

“Terms of Use” means certain rules governing how Authorized Users may and may not use the EMS and any Content accessible through such EMS. The Terms of Use are accessible from the log-in page for the EMS.

“Tutors” means individuals employed or contracted by Pearson to provide tutoring services with respect to one or more Courses. Tutors may or may not hold teaching credentials.

“Website” means the Pearson website with the URL and any subpages connected thereto.