Common use of Compliance with FERPA Clause in Contracts

Compliance with FERPA. To effect the transfer of data subject to FERPA, Researcher agrees to: 1. In all respects comply with the provisions of FERPA. For purposes of this agreement, "FERPA" includes any amendments or other relevant provisions of federal law, as well as all requirements of Chapter 99 of Title 34 of the Code of Federal Regulations. Nothing in this agreement may be construed to allow either party to maintain, use, disclose or share student information in a manner not allowed by federal law or regulation. 2. Use the data shared under this agreement for no purpose other than research authorized under Section 99.31(a)(3)(iv) or 99.31(a)(6) of Title 34 of the Code of Federal Regulations. Researcher further agrees not to share data received under this MOU with any other entity without CPS's approval. Researcher agrees to allow the Office of the State Auditor, subject to FERPA restrictions, access to data shared under this agreement and any relevant records of Researcher for purposes of completing authorized audits of the parties. Researcher shall be liable for any audit exception that results solely from its acts or omissions in the performance of this agreement. CPS shall be liable for any audit exception that results solely from its acts or omissions in the performance of this agreement. In the event that the audit exception results from the act or omissions of both parties, the financial liability for the audit exception shall be shared by the parties in proportion to their relative fault. 3. Require all employees, contractors and agents of any kind to comply with all applicable provisions of FERPA and other federal laws with respect to the data shared under this agreement. Researcher agrees to require and maintain an appropriate confidentiality agreement from each employee, contractor or agent with access to data pursuant to this agreement. Nothing in this paragraph authorizes sharing data provided under this Agreement with any other entity for any purpose other than completing Researcher's work authorized under this Agreement. 4. Maintain all data obtained pursuant to this agreement in a secure computer environment and not copy, reproduce or transmit data obtained pursuant to this agreement except as necessary to fulfill the purpose of the original request. All copies of data of any type, including any modifications or additions to data from any source that contains information regarding students, are subject to the provisions of this agreement in the same manner as the original data. The ability to access or maintain data under this agreement shall not under any circumstances transfer from Researcher to any other institution or entity. 5. Not to disclose any data obtained under this agreement in a manner that could identify an individual student to any other entity in published results of studies as authorized by this agreement, nor attempt to infer or deduce the identity of any student or teacher based on data provided by CPS, nor claim to have identified or deduced the identity of any student based on data provided by CPS. 6. Not to provide any data obtained under this agreement to any party ineligible to receive data protected by FERPA or prohibited from receiving data from any entity. 7. Provide to the CPS a list of specific research studies, updated annually, for which the data are being used, and to notify the CPS in advance of any new project or research question researcher proposes to address. This list of research studies will identify linkages of all data possessed by researcher under this agreement and covered by FERPA to specific research studies. Further, it will include the fixed ending date for use of all data linked to each project. 8. Provide to the CPS any materials designed for public dissemination, based in whole or in part on data obtained under this agreement, at least ten days prior to public release. 9. Destroy all data obtained under this agreement, within the time frame established in Appendix A when it is no longer needed for the purpose for which it was obtained. Nothing in this agreement authorizes either party to maintain data beyond the time period reasonably needed to complete the purpose of the request. All data no longer needed shall be destroyed or returned to the CPS in compliance with 34 CFR Section 99.35(b)(2). Researcher agrees to require all employees, contractors, or agents of any kind to comply with this provision.

Compliance with FERPA. To effect affect the transfer of data subject to FERPA, Researcher DISTRICT agrees to: 1. In all respects comply with the provisions of FERPA. For purposes of this agreement, "“FERPA" ” includes any amendments or other relevant provisions of federal law, as well as all requirements of Chapter 99 of Title 34 of the Code of Federal Regulations. Nothing in this agreement Agreement may be construed to allow either party to maintain, use, disclose disclose, or share student information in a manner not allowed by federal law or regulation. 2. Use the data shared under this agreement Agreement for no purpose other than research authorized under the contracted services pursuant to Section 99.31(a)(3)(iv) or 99.31(a)(699.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations. Researcher DISTRICT further agrees not to share data received under this MOU Agreement with any other entity without CPS's MEMBER LIBRARY approval. Researcher DISTRICT agrees to allow the Office of the State Auditor, subject to FERPA restrictions, access to data shared under this agreement Agreement and any relevant records of Researcher DISTRICT for purposes of completing authorized audits of the parties. Researcher shall be liable for any audit exception that results solely from its acts or omissions in the performance of this agreement. CPS shall be liable for any audit exception that results solely from its acts or omissions in the performance of this agreement. In the event that the audit exception results from the act or omissions of both parties, the financial liability for the audit exception shall be shared by the parties in proportion to their relative fault. 3. Require all employees, contractors contractors, and agents of any kind to comply with all applicable provisions of FERPA and other federal laws with respect to the data shared under this agreementAgreement. Researcher DISTRICT agrees to require and maintain an appropriate confidentiality agreement from each employee, contractor contractor, or agent with access to data pursuant to this agreementAgreement. Nothing in this paragraph authorizes sharing data provided under this Agreement with any other entity for any purpose other than completing Researcher's the work authorized under this Agreement. 4. Maintain all data obtained pursuant to this agreement Agreement in a secure computer environment and not copy, reproduce reproduce, or transmit data obtained pursuant to this agreement Agreement except as necessary to fulfill the purpose of the original request. All copies of data of any type, including any modifications or additions to data from any source that contains information regarding individual students, are subject to the provisions of this agreement Agreement in the same manner as the original data. The ability to access or maintain data under this agreement Agreement shall not under any circumstances transfer from Researcher DISTRICT to any other institution or entity. 5. Not to disclose any data obtained under this agreement Agreement in a manner that could identify an individual student student, except as authorized by FERPA, to any other entity in published results of studies as authorized entity. DISTRICT specifically agrees to abide by this agreementall MEMBER LIBRARY policies and procedures regarding student records, nor attempt and to infer or deduce the identity require all employees, contractors, and agents of any student or teacher based on data provided kind to also abide by CPS, nor claim to have identified or deduced the identity of any student based on data provided by CPSthose same policies and procedures. 6. Not to provide any data obtained under this agreement Agreement to any party ineligible to receive data protected by FERPA or prohibited from receiving data from any entityentity by virtue of a finding under Section 99.31(6)(iv) of Title 34, Code of Federal Regulations. 7. Provide to the CPS a list of specific research studies, updated annually, for which the data are being used, and to notify the CPS in advance of any new project or research question researcher proposes to address. This list of research studies will identify linkages of all data possessed by researcher under this agreement and covered by FERPA to specific research studies. Further, it will include the fixed ending date for use of all data linked to each project. 8. Provide to the CPS any materials designed for public dissemination, based in whole or in part on data obtained under this agreement, at least ten days prior to public release. 9. Destroy all data obtained under this agreement, within the time frame established in Appendix A Agreement when it is no longer needed for the purpose for which it was obtained. Nothing in this agreement Agreement authorizes either party to maintain data beyond the time period reasonably needed to complete the purpose of the request. All data no longer needed shall be destroyed or returned to the CPS MEMBER LIBRARY in compliance with 34 CFR Section 99.35(b)(299.31(6)(iii)(C)(4). Researcher DISTRICT agrees to require all employees, contractors, or agents of any kind to comply with this provision.

Compliance with FERPA. To effect the transfer of data subject to FERPA, Researcher agrees to: 1. In all respects comply with the provisions of FERPA. For purposes of this agreement, "“FERPA" ” includes any amendments or other relevant provisions of federal law, as well as all requirements of Chapter 99 of Title 34 of the Code of Federal Regulations. Nothing in this agreement may be construed to allow either party to maintain, use, disclose or share student information in a manner not allowed by federal law or regulation. 2. Use the data shared under this agreement for no purpose other than research authorized under Section 99.31(a)(3)(iv) or 99.31(a)(6) of Title 34 of the Code of Federal Regulations. Researcher further agrees not to share data received under this MOU Agreement with any other entity without CPS's the District approval. Researcher agrees to allow the Office of the State Auditor, subject to FERPA restrictions, access to data shared under this agreement and any relevant records of Researcher for purposes of completing authorized audits of the parties. Researcher shall be liable for any audit exception that results solely from its acts or omissions in the performance of this agreement. CPS shall be liable for any audit exception that results solely from its acts or omissions in the performance of this agreement. In the event that the audit exception results from the act or omissions of both parties, the financial liability for the audit exception shall be shared by the parties in proportion to their relative fault. 3. Require all employees, contractors and agents of any kind to comply with all applicable provisions of FERPA and other federal laws with respect to the data shared under this agreement. Researcher agrees to require and maintain an appropriate confidentiality agreement from each employee, contractor or agent with access to data pursuant to this agreement. Nothing in this paragraph authorizes sharing data provided under this Agreement with any other entity for any purpose other than completing Researcher's the work authorized under this Agreement. 4. Maintain all data obtained pursuant to this agreement in a secure computer environment and not copy, reproduce or transmit data obtained pursuant to this agreement except as necessary to fulfill the purpose of the original request. All copies of data of any type, including any modifications or additions to data from any source that contains information regarding individual students, are subject to the provisions of this agreement in the same manner as the original data. The ability to access or maintain data under this agreement shall not under any circumstances transfer from Researcher the to any other institution or entity. 5. Not to disclose any data obtained under this agreement in a manner that could identify an individual student student, except as authorized by FERPA, to any other entity in published entity. may publish results of studies as authorized by this agreement, nor attempt but specifically agrees to infer or deduce the identity abide by all District policies and procedures, and to require all employees, contractors and agents of any student or teacher based on data provided kind to also abide by CPS, nor claim to have identified or deduced the identity of any student based on data provided by CPSthose policies and procedures. 6. Not to provide any data obtained under this agreement to any party ineligible to receive data protected by FERPA or prohibited from receiving data from any entityentity by virtue of a finding under Section 99.31(6)(iv) of Title 34, Code of Federal Regulations. 7. Provide to the CPS District a list of specific research studies, updated semi-annually, for which the confidential data are being used, and to notify the CPS District in advance of any new project or research question researcher proposes to address. This list of research studies will identify linkages of all data possessed by researcher the under this agreement and covered by FERPA to specific research studies. Further, it will include the fixed ending date for use of all data linked to each project. 8. Provide to the CPS any materials designed for public dissemination, based in whole or in part on data obtained under this agreement, at least ten days prior to public release. 9. Destroy all data obtained under this agreement, within the time frame established in Appendix A agreement when it is no longer needed for the purpose for which it was obtained. Nothing in this agreement authorizes either party to maintain data beyond the time period reasonably needed to complete the purpose of the request. All data no longer needed shall be destroyed or returned to the CPS District in compliance with 34 CFR Section 99.35(b)(299.31(6)(ii)(C)(4). Researcher agrees to require all employees, contractors, or agents of any kind to comply with this provision.

Compliance with FERPA. To effect the transfer of data subject to FERPA, Researcher Designee agrees to: 1. In all respects comply with the provisions of FERPA, and the protection of student privacy per 1 V.S.A. § 317(c)(11) and State Board of Education Rule 2555, which requires: “To ensure the confidentiality of individual students' results, public reporting of any assessment or accountability result shall require a minimum of 11 students.”. For purposes of this agreement, "“FERPA" ” includes any amendments or other relevant provisions of federal law, as well as all requirements of Chapter 99 of Title 34 of the Code of Federal Regulations. Nothing in this agreement may be construed to allow either party to maintain, use, disclose or share student information in a manner not allowed by federal law or regulation. 2. Use the data shared under this agreement for no purpose other than research authorized under Section 99.31(a)(3)(iv) or 99.31(a)(6), or the audits or evaluations authorized under Sections 99.31(a)(3) and 99.35 of Title 34 of the Code of Federal Regulations. Researcher Designee further agrees not to share data received under this MOU with any other entity without CPS's the AOE’s approval. Researcher Designee agrees to allow the Office of the State Auditor, subject to FERPA restrictions, access to data shared under this agreement and any relevant records of Researcher Designee for purposes of completing authorized audits of the parties. Researcher shall be liable for any audit exception that results solely from its acts or omissions in the performance of this agreement. CPS shall be liable for any audit exception that results solely from its acts or omissions in the performance of this agreement. In the event that the audit exception results from the act or omissions of both parties, the financial liability for the audit exception shall be shared by the parties in proportion to their relative fault. 3. Require all employees, contractors and agents of any kind to comply with all applicable provisions of FERPA and other federal and Vermont laws with respect to the data shared under this agreement. Researcher Designee agrees to require and maintain an appropriate confidentiality agreement (equaling or exceeding the levels of protection represented in Attachment B) from each employee, contractor or agent with access to data pursuant to this agreement. Nothing in this paragraph authorizes sharing data provided under this Agreement with any other entity for any purpose other than completing Researcher's Designee’s work authorized under this Agreement. 4. Maintain all data obtained pursuant to this agreement in a secure computer environment and not copy, reproduce or transmit data obtained pursuant to this agreement except as necessary to fulfill the purpose of the original request. All copies of data of any type, including any modifications or additions to data from any source that contains information regarding students, are subject to the provisions of this agreement in the same manner as the original data. The ability to access or maintain data under this agreement shall not under any circumstances transfer from Researcher Designee to any other institution or entity. 5. Not assert that or act as if any data obtained under this agreement becomes the property of Designee. 6. Not to disclose any data obtained under this agreement in a manner that could identify an individual student to any other entity in published results of studies any study, audit, or evaluation as authorized by this agreement, nor attempt to infer or deduce the identity of any student or teacher based on data provided by CPSAOE, nor claim to have identified or deduced the identity of any student based on data provided by CPSAOE. 67. Report to the AOE any use or disclosure of data not provided for by this MOU. The report shall be made to the AOE within 24 hours of the discovery of such unauthorized use or disclosure of data. In the event that such unauthorized use or disclosure does occur, the Designee shall take all reasonable steps to mitigate the unauthorized use or disclosure of data. 8. Not to provide any data obtained under this agreement to any party ineligible to receive data protected by FERPA or prohibited from receiving data from any entity. 79. If this Agreement covers research: Provide to the CPS AOE a list of specific research studies, updated annually, for which the data are being used, and to notify the CPS AOE in advance of any new project or research question researcher Designee proposes to address. , which AOE, in its discretion, may require to be covered by a new Appendix A. This list of research studies will identify linkages of all data possessed by researcher Designee under this agreement and covered by FERPA to specific research studies. Further, it will include the fixed ending date for use of all data linked to each project. 810. Provide to Collaborate with AOE in the CPS planning and development of any materials designed for public dissemination, based in whole or in part on data obtained under this agreement. Details concerning the types of materials to be generated based in whole or in part on data obtained under this agreement, at least ten days prior material development strategy and material dissemination plan should be established in the Scope of Work Agreement attached hereto as Appendix A in appendix A. 11. Provide the AOE with an electronic copy of the final versions of all reports and other documents associated with the project. The AOE, as the owner of the report, reserves the right to public releasedistribute and otherwise use the final report and associated documents as it wishes, in sum or in part, giving credit to Designee’s work in developing the materials. 912. Destroy all data obtained under this agreement, within the time frame established in Appendix A A, Section II, when it is no longer needed for the purpose for which it was obtained. Nothing in this agreement authorizes either party to maintain data beyond the time period reasonably needed to complete the purpose of the request. All data no longer needed shall be destroyed or returned to the CPS in compliance with 34 CFR Section 99.35(b)(2). Researcher Designee agrees to require all employees, contractors, or agents of any kind to comply with this provision.

Compliance with FERPA. To effect the transfer of data subject to FERPA, Researcher [Requesting Entity] agrees to: 1. In all respects comply with the provisions of FERPA. For purposes of this agreement, "“FERPA" ” includes any amendments or other relevant provisions of federal law, as well as all requirements of Chapter 99 of Title 34 of the Code of Federal Regulations. Nothing in this agreement may be construed to allow either party to maintain, use, disclose or share student information in a manner not allowed by federal law or regulation. 2. Use the data shared under this agreement Agreement for no purpose other than research and analysis authorized under Section 99.31(a)(3)(iv) or 99.31(a)(6) of Title 34 of the Code of Federal RegulationsRegulations which allow disclosure of personally identifiable information from students’ education records in connection with the CNMI PSS conducting studies to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction. Researcher Use the data pursuant to 42 USC 1758(b)(6)(A)(i)(II) which allows for disclosure of student eligibility for free or reduced priced meals under the USDA’s School Lunch Program for a State education program administered by the State or local educational agency. The Requesting Entity further agrees not to share data received under this MOU MOA with any other entity without CPS's the Draft: September 4, 2019 CNMI PSS’ approval. Researcher The Requesting Entity agrees to allow the CNMI Office of the State Public Auditor, subject to FERPA restrictions, access to data shared under this agreement Agreement and any relevant records of Researcher the Requesting Entity for purposes of completing authorized audits of the parties. Researcher shall be liable for any audit exception that results solely from its acts or omissions in the performance of this agreement. CPS shall be liable for any audit exception that results solely from its acts or omissions in the performance of this agreement. In the event that the audit exception results from the act or omissions of both parties, the financial liability for the audit exception shall be shared by the parties in proportion to their relative fault. 3. The CNMI PSS requires that requesters submit a copy of a document, signed by the receiving institutions’ Institutional Review Board, approving the research project and acknowledging that these data require human subjects protection. Although research using the CNMI PSS data does not involve interaction with human subjects, the level of detail of these data and the CNMI PSS’ strict compliance with FERPA regulations require that we secure institutional commitment to safeguarding confidentiality of these data files. Therefore, a certificate of IRB exemption from review is not sufficient to meet this requirement (an expedited level of review is acceptable). The IRB must approve the procedures for the secure use and storage of the data described in this MOA. 4. Require all employees, contractors and agents of any kind to comply with all applicable provisions of FERPA and FERPA, other federal and local laws with respect to the data shared under this agreementAgreement. Researcher The Requesting Entity agrees to require and maintain an appropriate confidentiality agreement from each employee, contractor or agent with access to data pursuant to this agreementAgreement. Nothing in this paragraph authorizes sharing data provided under this Agreement with any other entity for any purpose other than completing Researcher's the Requesting Entity’s work authorized under this Agreement. 45. Maintain all data obtained pursuant to respect to this agreement Agreement in a secure computer environment accordance with the CNMI PSS Data Governance manual and not copy, reproduce or transmit data obtained pursuant to this agreement Agreement except as necessary to fulfill the purpose of the original request. All copies of data of any type, including any modifications or additions to data from any source that contains information regarding individual students, are subject to the provisions of this agreement Agreement in the same manner as the original data. The ability to access or maintain data under this agreement Agreement shall not under any circumstances transfer from Researcher the Requesting Entity to any other institution or entityentity or unauthorized individual or agent. 56. Not to disclose any data obtained under this agreement in a manner that could identify an individual student to any other entity in published results of studies as authorized by this agreement, nor attempt to infer or deduce the identity of any student or teacher based on data provided by CPSthe CNMI PSS, nor claim to have identified or deduced the identity of any student based on data provided by CPSthe CNMI PSS. 67. Not to provide any data obtained under this agreement Agreement to any party ineligible to receive data protected by FERPA or prohibited from receiving data from any entityentity by virtue of a finding under Sections 99.67(c), (d), or (e) of Title 34, Code of Federal Regulations. 78. Provide to the CPS CNMI PSS a list of specific research studies, updated semi-annually, for which the confidential data are being used, and to notify the CPS CNMI PSS in advance and in writing of any new project or research question researcher the Requesting Entity proposes to address. This list of research studies will identify linkages of all data possessed by researcher the Requesting Entity under this agreement Agreement and covered by FERPA to specific research studies. Further, it will include the fixed ending date for use of all data linked to each project. Requesting Entity agrees to neither amend nor alter the scope, design, format or description of a project or report generated by the Requesting Entity for this project, except as consistent with the Agreement, without prior written notice to the CNMI PSS. 89. Provide to the CPS CNMI PSS any materials designed for public dissemination, based in whole or in part on data obtained under this agreement, at least ten days prior to public release. 910. Destroy all data and provide verification in writing of the destruction of all copies of the data obtained under this agreementAgreement to the CNMI PSS 6 months after the research described in this MOA concludes, within the time frame established in Appendix A when it is no longer needed for the purpose for which it was obtainedor this MOA terminates, whichever occurs first. Nothing in this agreement authorizes either party to maintain data beyond the time period reasonably needed to complete the purpose of the request. All data no longer needed shall be destroyed or returned to the CPS CNMI PSS in compliance with 34 CFR Section 99.35(b)(2). Researcher The Requesting Entity agrees to require all employees, contractors, or agents of any kind to comply with this provision, and maintain a formal, documented processes for the data destroyed.