Common use of Confidentiality; FERPA Re-disclosure Clause in Contracts

Confidentiality; FERPA Re-disclosure. Family Education Rights and Privacy Act (“FERPA”) prohibits the re-disclosure of confidential student information. Except in very specific circumstances in accordance with the law, University shall not disclose to any other party without prior consent of the parent/guardian any information or records regarding students or their families that University may learn or obtain in the course and scope of its performance of this Agreement. Any re- disclosure of confidential student information must be in compliance with the re-disclosure laws of FERPA. University is not to re-disclose information without prior written notification to and written permission of District. If District grants permission, University is solely responsible for compliance with the re-disclosure under §99.32(b). Consistent with FERPA’s requirements, personally identifiable information obtained by University in the performance of this Agreement must be used only for the purposes identified in this Agreement. Likewise, District shall not disclose any confidential student information regarding University’s students unless University first approves such disclosure and is consistent with FERPA’s requirements. Subject to any state or federal laws requiring disclosure (e.g., the California Public Records Act), the Parties agree, during the term of this Agreement and for five (5) years after termination or expiration of Agreement, to hold each other’s proprietary or confidential information in strict confidence, except for any information protected under confidentiality laws which shall be held in such confidence in perpetuity. Parties agree not to provide each other’s proprietary or confidential information in any form to any third party or to use each other’s proprietary or confidential information for any purpose other than the implementation of, and as specified in, this Agreement. Each Party agrees to take all reasonable steps to ensure that proprietary or confidential information of either Party is not disclosed or distributed by its employees, agents or Contractors in violation of the provisions of this Agreement.

Appears in 2 contracts

Samples: Field Placement Agreement, Student Field Placement Agreement

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Confidentiality; FERPA Re-disclosure. Family Education Rights and Privacy Act (“FERPA”) prohibits the re-disclosure of confidential student information. Except in very specific circumstances in accordance with the law, University College shall not disclose to any other party without prior consent of the parent/guardian any information or records regarding students or their families that University College may learn or obtain in the course and scope of its performance of this AgreementContract. Any re- disclosure of confidential student information must be in compliance with the re-disclosure laws of FERPA. University College is not to re-disclose information without prior written notification to and written permission of District. If District grants permission, University College is solely responsible for compliance with the re-disclosure under §99.32(b). Consistent with FERPA’s requirements, personally identifiable information obtained by University College in the performance of this Agreement Contract must be used only for the purposes identified in this AgreementContract. LikewiseIf District obtains College student "education records" as defined by FERPA, District acknowledges that District is receiving such education records as an agent of College and agrees to comply with FERPA with respect to such records. This section shall not disclose survive any confidential student information regarding University’s students unless University first approves such disclosure and is consistent with FERPA’s requirementscancellation or termination of this Agreement. Subject to any state or federal laws requiring disclosure (e.g., the California Public Records Act), the Parties agree, during the term of this Agreement and for five (5) years after termination or expiration of Agreement, to hold each other’s proprietary or confidential information (including the particular terms of this agreement) in strict confidence, except for any information protected under confidentiality laws which shall be held in such confidence in perpetuity. Parties agree not to provide each other’s proprietary or confidential information in any form to any third party or to use each other’s proprietary or confidential information for any purpose other than the implementation of, and as specified in, this Agreement. Each Party agrees to take all reasonable steps to ensure that proprietary or confidential information of either Party is not disclosed or distributed by its employees, agents or Contractors in violation of the provisions of this Agreement.

Appears in 1 contract

Samples: Student Field Placement Agreement

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Confidentiality; FERPA Re-disclosure. Family Education Rights and Privacy Act (“FERPA”) prohibits the re-disclosure of confidential student information. Except in very specific circumstances in accordance with the law, University Contractor shall not disclose to any other party without prior consent of the parent/guardian any information or records regarding students or their families that University Contractor may learn or obtain in the course and scope of its performance of this AgreementContract. Any re- disclosure of confidential student information must be in compliance with the re-disclosure laws of FERPA. University Contractor is not to re-disclose information without prior written notification to and written permission of District. If District grants permission, University Contractor is solely responsible for compliance with the re-disclosure under §99.32(b). Consistent with FERPA’s requirements, personally identifiable information obtained by University either party in the performance of this Agreement Contract must be used only for the purposes identified in this Contract. District acknowledges that the education records of assigned University students are protected by the Family Educational Rights and Privacy Act (FERPA), and agrees to comply with FERPA and limit access to those employees or agents with a need to know. Pursuant to FERPA, and for the purposes of this Agreement. Likewise, University hereby designates District shall not disclose any confidential student information regarding University’s students unless University first approves as a “school official” with a legitimate educational interest in such disclosure and is consistent with FERPA’s requirementsrecords. Subject to any state or federal laws requiring disclosure (e.g., the California Public Records Act), the Parties agree, during the term of this Agreement and for five (5) years after termination or expiration of Agreement, to hold each other’s proprietary or confidential information in strict confidence, except for any information protected under confidentiality laws which shall be held in such confidence in perpetuity. Parties agree not to provide each other’s proprietary or confidential information in any form to any third party or to use each other’s proprietary or confidential information for any purpose other than the implementation of, and as specified in, this Agreement. Each Party agrees to take all reasonable steps to ensure that proprietary or confidential information of either Party is not disclosed or distributed by its employees, agents or Contractors in violation of the provisions of this Agreement.

Appears in 1 contract

Samples: Placement Agreement

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