Common use of Compliance with FERPA and Other Confidentiality Requirements Clause in Contracts

Compliance with FERPA and Other Confidentiality Requirements. At all times, school officials must comply with FERPA. This federal statute permits disclosures of personally identifiable information about students contained in educational records (“Student PII”), without consent, only under specific circumstances. When the District “has outsourced institutional services or functions” to the SRO consistent with 34 C.F.R. § 99.31(a)(1)(i)(B) of FERPA, the SRO qualifies as a “school official” who can access, without consent, Student PII contained in education records about which the SRO has a “legitimate educational interest.” Consistent with 34 C.F.R. §§ 99.31(10) and 99.36 of FERPA, the SRO (or other Police Department employee identified in Section V.A.) may gain access, without consent, to Student PII contained in education records “in connection with an emergency if knowledge of the [Student PII] is necessary to protect the health or safety of the student or other individuals.” These are the only circumstances in which an SRO may gain access, without consent, to education records containing student PII (such as IEPs, disciplinary documentation created by a school, or work samples). FERPA does not apply to communications or conversations about what school staff have observed or to information derived from sources other than education records. In addition to FERPA, the Parties agree to comply with all other state and federal laws and regulations regarding confidentiality, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and state student record regulations at 603 C.M.R. 23.00. The Parties agree to collect only that student information necessary and relevant to fulfilling their respective roles, to share such information with each other only where required or allowed under this Agreement, and not to share such information beyond the sharing contemplated in this Agreement unless required to be shared by state or federal law. The Parties shall not collect or share information on a student’s immigration status except as required by law.

Compliance with FERPA and Other Confidentiality Requirements. At all times, school officials must comply with FERPA. This federal statute permits disclosures of personally identifiable information about students contained in educational records (“Student PII”), without consent, only under specific circumstances. When the District a school district “has outsourced institutional services or functions” to the an SRO consistent with 34 C.F.R. § 99.31(a)(1)(i)(B) of FERPA, the an SRO qualifies as a “school official” who can access, without consent, Student PII contained in education records about which the SRO has a “legitimate educational interest.” Pursuant to FERPA and Wisconsin law, Elmbrook designates the SROs as “school officials.” Consistent with Wis. Stat. § 118.125(2)(p), 34 C.F.R. §§ 99.31(10) and 99.36 of FERPA, the an SRO (or other Police Department employee identified in Section V.A.) may gain access, without consent, to Student PII contained in education records “in connection with an emergency if knowledge of the [Student PII] is necessary to protect the health or safety of the student or other individuals.” These are Elmbrook agrees to provide the only circumstances SROs access to Student PII in which an SRO may gain access, without consent, emergency if knowledge of Student PII is necessary to education records containing protect the health or safety of a student PII (such as IEPs, disciplinary documentation created by a school, or work samples)any other individual. This access shall include remote access to Elmbrook’s video surveillance system. FERPA does not apply to communications or conversations about what school staff have observed or to information derived from sources other than education records. FERPA also does not apply to “directory” information, as defined in 20 U.S.C. § 1232g(a)(5)(A), such as student names, addresses, telephone numbers, dates and places of birth, participation in officially recognized activities and sports, weights and heights of members of athletic teams, degrees and awards received, dates of attendance, and the most recent previous educational agency or institution attended by students if a school has given public notice to parents of students in attendance and eligible students in attendance at the school, consistent with 34 C.F.R. § 99.37. In addition to FERPA, the Parties agree to comply with all other state and federal laws and regulations regarding confidentiality, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and state student record regulations at 603 C.M.R. 23.00Wis. Stat.§ 118.125(2)(d) and (2)(n)(2). The Parties agree to collect only that student information necessary and relevant to fulfilling their respective roles, to share such information with each other only where required or allowed under this Agreement, and not to share such information beyond the sharing contemplated in this Agreement unless required to be shared by state or federal law. The Parties shall not collect law or share information on a student’s immigration status except as required by lawcourt order.

Compliance with FERPA and Other Confidentiality Requirements. At all times, school officials must comply with FERPA. This federal statute permits disclosures of personally identifiable information about students contained in educational records (“Student PII”), without consent, only under specific circumstances. When the District “has outsourced institutional services or functions” to the SRO consistent with 34 C.F.R. § 99.31(a)(1)(i)(B) of FERPA, the SRO qualifies as a “school official” who can access, without consent, Student PII contained in education records about which the SRO has a “legitimate educational interest.” Consistent with 34 C.F.R. §§ 99.31(10) and 99.36 of FERPA, the SRO (or other Police Department employee identified in Section V.A.) may gain access, without consent, to Student PII contained in education records “in connection with an emergency if knowledge of the [Student PII] is necessary to protect the health or safety of the student or other individuals.” These are the only circumstances in which an SRO may gain access, without consent, to education records containing student PII (such as IEPs, disciplinary documentation created by a school, or work samples). FERPA does not apply to communications or conversations about what school staff have observed or to information derived from sources other than education records. In addition to FERPA, the Parties agree to comply with all other state and federal laws and regulations regarding confidentiality, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and state student record regulations at 603 C.M.R. 23.00. The Parties agree to collect only that student information necessary and relevant to fulfilling their respective roles, to share such information with each other only where required or allowed under this Agreement, and not to share such information beyond the sharing contemplated in this Agreement unless required to be shared by state or federal law. The Parties shall not collect or share information on a student’s immigration status except as required by law.C.M.R.