Common use of Education Records Clause in Contracts

Education Records. Student health information contained in education records is protected by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. §1232g, 34 C.F.R. Part 99, and may not be disclosed to third parties without written parental consent, except to school officials with legitimate educational interests, to appropriate parties in connection with an emergency, and if knowledge of the information is necessary to protect the health or safety of the student or other individuals. With respect to any access by a Nurse to any Education Records (as such term is defined in FERPA) provided under or in connection with this Agreement, such Nurse shall be acting as a legal agent and shall be deemed to be a “school official” (as such term is defined under FERPA) of SCS. As between the parties, any Education Records protected by FERPA and submitted by SCS to a Nurse, or prepared by a Nurse for inclusion in an Education Record in connection with this Agreement, shall be deemed the Confidential Information subject to Section 9.1. Contractor agrees to cause its Nurses not to disclose any FERPA protected Education Record to any third party except as permitted by FERPA or as authorized or permitted by SCS or this Agreement. Nurses will maintain appropriate clinical treatment records for Services provided under this Agreement in accordance with the security protocols established by SCS, and will not release such records without SCS’ consent. All such records shall be the property of and belong to SCS and shall be maintained in such locations and repositories as designated by SCS. Subject to compliance with applicable laws, SCS agrees to provide Nurses copies of or access to such Education Records for medical purposes, but the originals of such records shall not be removed from SCS property without the express prior written consent of SCS. Clinical records shall be maintained with such information as customary in the profession to adequately describe the Nursing Services provided, including the condition of the student when presented to the Nurse, the actions taken by the Nurse in addressing the condition of the student, all actions taken with respect to any referral of the student for physician or emergency care, and the details of the Nursing Services provided to the student by the Nurse.