Common use of Compliance with Family Educational Rights and Privacy Act Clause in Contracts

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.