Common use of Annual Notification of Rights Clause in Contracts

Annual Notification of Rights. a. The LEA acknowledges that under the Service Agreement, the LEA is responsible for providing appropriate disclosures to students and their parents regarding disclosure of Student Data to Provider and student use of the Services, including any notices required by the COPPA, FERPA, or other Applicable Laws, and that, prior to creation of School Accounts, the LEA will either obtain any parent consent or comply with an applicable exemption from or exception to parental consent requirements for opening School Accounts for students and use of the Service. b. If XXX is providing Directory Information or any Education Record to Provider, LEA shall: i. comply with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the XXX xxxxx to be Directory Information and may be disclosed and allowing parents and eligible students a reasonable amount of time to request that schools not disclose Directory Information about them; and/or ii. comply with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “School Official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Provider; or iii. obtain all necessary parental or eligible student written consent to share the Student Data with Provider, in each case, solely to enable Provider’s operation of the Service. c. If XXX is relying on the Directory Information exemption, LEA shall not provide information to Provider from any student or parent/legal guardian that has opted out of the disclosure of Directory Information. Provider depends on LEA to ensure that XXX is complying with the FERPA provisions regarding the disclosure of any Student Data that will be shared with Provider.

Annual Notification of Rights. a. The LEA acknowledges that under the Service Agreement, If the LEA is responsible has a policy of disclosing education records under 4 CFR § 99.31 (a) (1), LEA shall include a specification of criteria for providing appropriate disclosures to students determining who constitutes a School Official and their parents regarding disclosure what constitutes a legitimate educational interest in its annual notification of Student Data to Provider and student use of the Services, including any notices required by the COPPA, FERPA, or other Applicable Laws, and that, prior to creation of School Accounts, the rights. If LEA will either obtain any parent consent or comply with an applicable exemption from or exception to parental consent requirements for opening School Accounts for students and use of the Service. b. If XXX is providing Directory Information or any Education Record to Provider, LEA shallrepresents, warrants and covenants to Provider, as applicable, that LEA has: i. comply (i) complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the XXX xxxxx to be Directory Information and may be disclosed and allowing parents and eligible students a reasonable amount of time to request that schools not disclose Directory Information about them; and/or (ii. comply ) complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “School Officialschool official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Provider; or (iii. obtain ) obtained all necessary parental or eligible student written consent to share the Student Data with Provider, in each case, solely to enable Provider’s operation of the Service. c. If XXX is relying on the Directory Information exemption. LEA represents, LEA warrants, and covenants to Provider that it shall not provide information to Provider from any student or parent/legal guardian that has opted out of the disclosure of Directory Information. Provider depends on LEA to ensure that XXX LEA is complying with the FERPA provisions regarding the disclosure of any Student Data that will be shared with Provider.