Compliance with Family Educational Rights and Privacy Act. As an educational institution, School is obligated to comply with the Family Educational Rights and Privacy Act (known as “FERPA” or the “Act”) in its handling of educational records of students enrolled in their programs. Facility has agreed to provide educational training to School’s students and as such will be an agent of School for the purposes of FERPA compliance. To the extent Facility generates or maintains educational records related to a student participating in the Program, Facility agrees to comply with FERPA, to the same extent as such laws and regulations apply to the School and shall limit access to only those employees or agents with a need to know. Additionally, for the avoidance of doubt, Facility shall be able to rely on the exceptions under FERPA to share information as appropriate to resolve a health or safety emergency. For the purposes of this Agreement, pursuant to FERPA, School hereby designates Facility as a school official with a legitimate educational interest in the educational records of the participating student(s) to the extent that access to the School’s records is required by Facility to carry out the Program.
Compliance with Family Educational Rights and Privacy Act. Both parties agree to comply with the requirements of the Family Educational Rights and Privacy Act (FERPA) and state law with regard to any personally identifiable student information or education records with which Contractor comes into contact with. For the purpose of this Agreement, compliance with FERPA, 20 USC §1232g and 34 C.F.R., Part 99 (“FERPA”) means that Contractor agrees that it shall not disclose to any third party any personally identifiable information from an education record as defined by FERPA that Contractor, its agents, employees and/or assigns, creates or receives in the course of providing Services under this Agreement with regard to any student without the prior consent of the student’s parent or legal guardian. Contractor agrees that in the event it uses, creates, receives, or accesses personally identifiable information from education records, said use, creation, receipt, or access shall only be for the purposes of providing Services under this Agreement, and not for any other non-school related purposes, including but not limited to, solicitation. Contractor agrees to return all student education records to the School at the termination of this Agreement and to abide by all other School policies with regard to student education and/or medical records. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE IMMEDIATELY FOLLOWING]
