Common use of Education Records Clause in Contracts

Education Records. If NC STATE provides the Craft Instructor with “personally identifiable information” from a student’s education record as defined by the Family Educational Rights and Privacy Act (“FERPA”) and its implementing regulation 34 CFR §99.3, Craft Instructor hereby certifies that collection of this information from NC STATE is necessary for the performance of Craft Instructor’s duties and responsibilities on behalf of NC STATE under this Contract. In this instance, NC STATE considers Craft Instructor a school official with a legitimate educational interest under FERPA. Craft Instructor further certifies that it shall maintain the confidential status of education records in their custody, and that it shall not re- disclose personally identifiable information as directed by FERPA. Failure to abide by legally applicable security measures and disclosure restrictions may result in the interruption, suspension and/or termination of the relationship with Craft Instructor for a period of at least five (5) years from date of violation. If Craft Instructor experiences a security breach relating to this information or if Craft Instructor re-discloses the information, Craft Instructor shall immediately notify NC STATE. Craft Instructor shall indemnify NC STATE for any breach of confidentiality or failure of its responsibilities to protect the personally identifiable information. Specifically, these costs may include, but are not limited to, the cost of notification of affected persons as a result of its unauthorized release of NC STATE data provided to Craft Instructor pursuant to the Contract.

Education Records. If NC STATE provides the Craft Instructor with “personally identifiable information” from a student’s education record as defined by the Family Educational Rights and Privacy Act (“FERPA”) and its implementing regulation 34 CFR §99.3, Craft Instructor hereby certifies that collection of this information from NC STATE is necessary for the performance of Craft Instructor’s duties and responsibilities on behalf of NC STATE under this Contract. In this instance, NC STATE considers Craft Instructor a school official with a legitimate educational interest under FERPA. Craft Instructor further certifies that it shall maintain the confidential status of education records in their custody, and that it shall not re- disclose personally identifiable information as directed by FERPAXXXXX. Failure to abide by legally applicable security measures and disclosure restrictions may result in the interruption, suspension and/or termination of the relationship with Craft Instructor for a period of at least five (5) years from date of violation. If Craft Instructor experiences a security breach relating to this information or if Craft Instructor re-discloses the information, Craft Instructor shall immediately notify NC STATE. Craft Instructor shall indemnify NC STATE for any breach of confidentiality or failure of its responsibilities to protect the personally identifiable information. Specifically, these costs may include, but are not limited to, the cost of notification of affected persons as a result of its unauthorized release of NC STATE data provided to Craft Instructor pursuant to the Contract.