Common use of Confidentiality of Student Records Clause in Contracts

Confidentiality of Student Records. If Consultant/Professional will have access to student records, Consultant/Professional agrees to comply with the Family Educational Rights and Privacy Act (FERPA) of 1974, and all requirements imposed by or pursuant to regulation of the Department of Education and the District (including but not limited to Administrative Regulation and Procedures No. 5125 and 5125. 1) to the end that the rights and privacy of the students enrolled in the District and of their parents are not violated or invaded. This assurance is given to obtain access to individual student data for the purpose of using said data to fulfill contractual obligations with the District. The provisions of the Family Educational Rights and Privacy Act of 1974 include, but are not limited to, ensuring that: No identification of students or their parent/guardians by persons other than representatives of Consultant/Professional is permitted; • The individual student data will be destroyed when no longer needed for the purpose(s) for which they were obtained; • No access to individual student data shall be granted by Consultant/Professional to any other person, persons, agency or organization without the written consent of the pupil’s parent/guardian, except for sharing with other persons within the District or representatives of Consultant/Professional so long as those persons have a legitimate interest in the information. Consultant/Professional recognizes and agrees that such access will be extended in reliance on representations made in this assurance, and that the District shall have the right to enforcement of this assurance, or revocation of such access (including return of all physical forms of such data and destruction of all such electronic data) immediately upon evidence of noncompliance by Consultant/Professional. This assurance is binding Consultant/Professional on and such persons as may be employed by Consultant/Professional to assist in any phase of the contractual obligation to the District.

Appears in 5 contracts

Samples: Consulting/Professional Services Agreement, Consulting/Professional Services Agreement, Consulting/Professional Services Agreement

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Confidentiality of Student Records. If Consultant/Professional will have access to student records, Consultant/Professional agrees to comply with the Family Educational Rights and Privacy Act (FERPA) of 1974, related provisions of Education Code, and all requirements imposed by or pursuant to regulation of the Department of Education and the District (including but not limited to Administrative Regulation and Procedures NoBoard Policy Nos. 5125 and 5125. 1) to the end so that the rights and privacy of the students enrolled in the District and of their parents are not violated or invaded. This assurance is given to obtain access to individual student data for the purpose of using said data to fulfill contractual obligations with the District. The Unless an exception applies, the provisions of the Family Educational Rights and Privacy Act of 1974 include, but are not limited to, ensuring that: No personal identification of students or their parent/guardians by persons other than representatives of Consultant/Professional is permitted; The individual student data will be destroyed when no longer needed for the purpose(s) for which they were obtained; No access to individual student data shall be granted by Consultant/Professional to any other person, persons, agency or organization without the written consent of the pupil’s parent/guardian, except for sharing with other persons within the District or representatives of Consultant/Professional so long as those persons have a legitimate interest in the information. Consultant/Professional recognizes and agrees that such access will be extended in reliance on representations made in this assurance, and that the District shall have the right to enforcement of enforce this assurance, or revocation of revoke such access (including return of all physical forms of such data and destruction of all such electronic data) immediately upon evidence of noncompliance by Consultant/Professional. This assurance is binding on Consultant/Professional on and such persons as may be employed by Consultant/Professional to assist in any phase of the contractual obligation to the District.

Appears in 1 contract

Samples: Consulting/Professional Services Agreement

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