Common use of Confidentiality of Student Information Clause in Contracts

Confidentiality of Student Information. To the extent Contractor will provide services that will require or otherwise involve collection or access to student information, whether gathered by Contractor or provided by School Board, Contractor and its officers, employees, subcontractors, agents, and other representatives shall comply fully with all applicable state and federal regulations regarding the confidentiality of student information and education records, including but not limited to Florida Statutes § 1002.22 and 1002.221, the Family Educational Rights & Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA). For purposes of this subsection, ‘student information’ includes, but is not limited to, demographic information (name, birthdate, physical address, email address, phone number), education records (academic, testing, discipline, special education), geolocation information, or any other data that constitutes “personally identifiable information” as defined by FERPA (34 C.F.R. § 99.3). Contractor expressly acknowledges and agrees to collect and/or utilize student information only to the extent necessary to provide to School Board the services subject to this Contract, and to not copy, disclose, transmit, reproduce or otherwise disclose any student information obtained to any third- party, except as expressly identified in this Contract, in Contractor’s statement of work attached hereto as Exhibit A, as explicitly consented to in writing by School Board, or as may be required by state or federal law. Contractor shall safeguard all student information received or otherwise accessed pursuant to this Contract by implementing commercially reasonable administrative, physical and technological controls to protect the confidentiality of student information in accordance with the privacy requirements of FERPA, and as otherwise specified herein. Contractor is expressly prohibited from disclosing student information to any third-party for a commercial purpose without the signed written consent of both School Board, and the parent or legal guardian of the student whose information is being disclosed. Notwithstanding any other provision herein, violation of this provision by Contractor shall result in the immediate termination of this Contract for breach. If this Contract is terminated as a result of Contractor’s violation of this provision, Contractor shall be ineligible for award of any contract by School Board for a minimum of one (1) year from the effective date of said breach. Contractor agrees to immediately notify School Board upon discovery of any breach of the confidentiality of any student information, and to fully cooperate with School Board personnel to resolve any privacy investigation(s) or concerns in a timely manner. Further, Contractor shall fully indemnify and hold harmless School Board, and its officers and employees for any violation of this section, including but not limited to the cost of defending School Board against any complaint, administrative or judicial proceedings, and payment of any and all costs, damages, judgments, and attorneys fees incurred by or imposed upon School Board as a result of Contractor’s breach of this subsection. This section shall survive the termination or expiration of this Contract.

Confidentiality of Student Information. To the extent Contractor will provide services that will require or otherwise involve collection or access to student information, whether gathered by Contractor or provided by School Board, Contractor and its officers, employees, subcontractors, agents, and other representatives shall comply fully with all applicable state and federal regulations regarding the confidentiality of student information and education records, including but not limited to Florida Statutes § 1002.22 and 1002.221, the Family Educational Rights & Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA). For purposes of this subsection, ‘student information’ includes, but is not limited to, demographic information (name, birthdate, physical address, email address, phone number), education records (academic, testing, discipline, special education), geolocation information, or any other data that constitutes “personally identifiable information” as defined by FERPA (34 C.F.R. § 99.3). Contractor expressly acknowledges and agrees to collect and/or utilize student information only to the extent necessary to provide to School Board the services subject to this Contract, and to not copy, disclose, transmit, reproduce or otherwise disclose any student information obtained to any third- third-party, except as expressly identified in this Contract, in Contractor’s statement of work attached hereto as Exhibit A, as explicitly consented to in writing by School Board, or as may be required by state or federal law. Contractor shall safeguard all student information received or otherwise accessed pursuant to this Contract by implementing commercially reasonable administrative, physical and technological controls to protect the confidentiality of student information in accordance with the privacy requirements of FERPA, and as otherwise specified herein. Contractor is expressly prohibited from disclosing student information to any third-party for a commercial purpose without the signed written consent of both School Board, and the parent or legal guardian of the student whose information is being disclosed. Notwithstanding any other provision herein, violation of this provision by Contractor shall result in the immediate termination of this Contract for breach. If this Contract is terminated as a result of Contractor’s violation of this provision, Contractor shall be ineligible for award of any contract by School Board for a minimum of one (1) year from the effective date of said breach. Contractor agrees to immediately notify School Board upon discovery of any breach of the confidentiality of any student information, and to fully cooperate with School Board personnel to resolve any privacy investigation(s) or concerns in a timely manner. Further, Contractor shall fully indemnify and hold harmless School Board, and its officers and employees for any violation of this section, including but not limited to the cost of defending School Board against any complaint, administrative or judicial proceedings, and payment of any and all costs, damages, judgments, and attorneys fees incurred by or imposed upon School Board as a result of Contractor’s breach of this subsection. This section shall survive the termination or expiration of this Contract.