FERPA Compliance Clause Samples

FERPA Compliance. If the State Educational Institution is an “educational agency or institution” as that term is defined by the Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g, 34 CFR 99.1, and this Contract involves “personally identifiable information,” as defined at 34 CFR 99.3, the State Educational Institution covenants that it will appropriately safeguard from unauthorized disclosure to third parties any “personally identifiable information” with respect to a student.

FERPA Compliance. Some of the University Records Contractor receives, creates or maintains for or on behalf of University constitute Education Records (as defined by FERPA), or Personally Identifiable Information from Education Records (as defined by FERPA) (collectively, FERPA Data). Before Contractor may access, create or maintain any of University’s FERPA Data, Contractor must execute EXHIBIT E, FERPA Confidentiality and Security Addendum. EXHIBIT E, FERPA Confidentiality and Security Addendum, contains terms required by University to ensure that Contractor complies with FERPA (including the requirements of 34 CFR §99.33(a)) and University Rules related to FERPA, including (i) a description of all FERPA Data subject to this Agreement, and (ii) recognition that University retains the right to control Contractor’s access, use, and disclosure of all FERPA Data. Except to the extent Section 12.11 conflicts with EXHIBIT E, FERPA Confidentiality and Security Addendum, Contractor will comply with Section 12.11 in connection with all FERPA Data. To the extent that EXHIBIT E FERPA Confidentiality and Security Addendum, conflicts with any term contained in this Agreement, the terms of EXHIBIT E, FERPA Confidentiality and Security Addendum, will control.

FERPA Compliance. In connection with all FERPA Records that Contractor may create, receive or maintain on behalf of University pursuant to the Underlying Agreement, Contractor is designated as a University Official with a legitimate educational interest in and with respect to such FERPA Records, only to the extent to which Contractor (a) is required to create, receive or maintain FERPA Records to carry out the Underlying Agreement, and (b) understands and agrees to all of the following terms and conditions without reservation:

FERPA Compliance. Some of the University Records Contractor receives, creates or maintains for or on behalf of University constitute Education Records (as defined by FERPA), or Personally Identifiable Information from Education Records (as defined by FERPA) (collectively, FERPA Data). Before Contractor may access, create or maintain any of University’s FERPA Data, Contractor must execute EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum. EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum, contains terms required by University to ensure that Contractor complies with FERPA (including the requirements of 34 CFR §99.33(a)) and University Rules related to FERPA, including (i) a description of all FERPA Data subject to this Agreement, and (ii) recognition that University retains the right to control Contractor’s access, use, and disclosure of all FERPA Data. Except to the extent Section 12.11 conflicts with EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum, Contractor will comply with Section 12.11 in connection with all FERPA Data. To the extent that EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum, conflicts with any term contained in this Agreement, the terms of EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum, will control.

FERPA Compliance. The parties agree to hold student information, including any personally identifiable student information or education records as those terms are defined under federal law, (“Confidential Data”) in strict confidence and to use reasonable industry practices to establish and maintain adequate procedures to ensure the confidentiality and privacy of such Confidential Data from unauthorized use or disclosure in violation of the Federal Family Educational Rights and Privacy Act (“FERPA”), 20 USC 1232g and not to use or disclose Confidential Data except as permitted or required by this Agreement, as required by law, or as otherwise authorized by the other party in writing. Neither party shall use Confidential Data of the other party for any purpose other than the purpose for which disclose to that party was made. Parties shall continue to maintain the confidentiality and privacy of the Confidential Data retained in its system after cancellation, expiration or other conclusion of this Agreement. Upon termination, cancellation, expiration or other conclusion of this Agreement, Parties shall return all Confidential Data or, if return is not feasible, destroy any and all Confidential Data. If a party destroys the information, it shall provide the other party with a certificate confirming the date of destruction of the data. Parties shall develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all electronically maintained or transmitted Confidential Data. A party shall, within one day of discovery, report to the other party any use or disclosure of confidential information not authorized by this Agreement or in writing by the other party. Following this report, the party will conduct a timely and thorough investigation in an attempt to identify: (i) the nature of the unauthorized use or disclosure, (ii) the data used or disclosed, and (iii) who made the unauthorized use or received the unauthorized disclosure. At the conclusion of this investigation, the party will furnish a confidential written report to the other party indicating the results of the investigation, what the party has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and what corrective action the party has taken or shall take to prevent future similar unauthorized use or disclosure.

FERPA Compliance. The Grantee shall comply with all confidentiality requirements for wage and education records as required by the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99, WIOA, and applicable regulations.

FERPA Compliance. Both parties will ensure that the dissemination and disposition of educational records complies at all times with the Family Educational Rights and Privacy Act of 1974 and any subsequent amendments thereto.

FERPA Compliance. To the extent applicable, Contractor agrees to hold student information, including any personally identifiable student information or education records as those terms are defined under federal law, (“Confidential Data”) in strict confidence and warrants to University that it will use reasonable industry practices to establish and maintain adequate procedures to ensure the confidentiality and privacy of such Confidential Data from unauthorized use or disclosure in violation of the Federal Family Educational Rights and Privacy Act (“The ▇▇▇▇▇▇▇ Amendment or “FERPA”), 20 USC 1232 g and not to use or disclose Confidential Data except as permitted or required by this Contract, as required by law, or as otherwise authorized by University in writing. Contractor further agrees not to use Confidential Data for any purpose other than the purpose for which the disclosure to Contractor was made. Contractor shall continue to maintain the confidentiality and privacy of the Confidential Data retained in its system after cancellation, expiration or other conclusion of this Agreement. Upon termination, cancellation, expiration or other conclusion of this Contract, Contractor shall return all Confidential Data to University or, if return is not feasible, destroy any and all Confidential Data. If Contractor destroys the information, it shall provide University with a certificate confirming the date of destruction of the data. Contractor shall develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all electronically maintained or transmitted Confidential Data received from, or on behalf of University or its students. These measures will be extended by contract to all subcontractors used by Contractor. Contractor shall, within one day of discovery, report to University any use or disclosure of confidential information not authorized by this agreement or in writing by University. Following this report, Contractor will conduct a timely and thorough investigation in an attempt to identify: (i) the nature of the unauthorized use or disclosure, (ii) the data used or disclosed, and (iii) who made the unauthorized use or received the unauthorized disclosure. At the conclusion of this investigation, Contractor will furnish a confidential written report to University indicating the results of the investigation, what Contractor has done or shall do to mitigate any deleteriou...

FERPA Compliance. Some of the University Records Contractor receives, creates or maintains for or on behalf of University constitute “Education Records” (as defined by FERPA), or “Personally Identifiable Information from Education Records” (as defined by FERPA) (collectively “FERPA Data”). Before Contractor may access, create or maintain any of University’s FERPA Data, Contractor must execute the FERPA compliance contract addendum (“FERPA Confidentiality and Security Addendum”), attached as EXHIBIT ___, FERPA Confidentiality and Security Addendum, and incorporated for all purposes. The FERPA Confidentiality and Security Addendum contains terms required by University to ensure that Contractor complies with FERPA (including the requirements of 34 CFR § 99.33(a)) and University Rules related to FERPA, including (i) a description of all FERPA Data subject to this Agreement, and (ii) recognition that University retains the right to control Contractor’s access, use, and disclosure of all FERPA Data. Except to the extent Section 12.11 conflicts with the FERPA Confidentiality and Security Addendum, Contractor will comply with Section 12.11 in connection with all FERPA Data. To the extent that the FERPA Confidentiality and Security Addendum conflicts with any term contained in this Agreement, the terms of the FERPA Confidentiality and Security Addendum will control. University and Contractor have executed and delivered this Agreement to be effective as of the Effective Date. By: By: ___________________________ Name: ______________________________ Name: ________________________ Title: ______________________________ Title: __________________________ Attest: ________________________ Corporate Secretary] EXHIBIT A – Scope of Work EXHIBIT B – Schedule Notwithstanding the foregoing, the cumulative amount of Service Fees remitted by University to Contractor will not exceed $_______________ (“Fee Cap”) without the prior written approval of University. In addition, total fees for each Phase of the Work will not exceed the following specified amounts without the prior written approval of University: _________________ _________________ If University submits, in advance, a written request for additional services not contemplated or reasonably inferred by this Agreement, Contractor will be paid for actual hours incurred by Contractor’s personnel directly and solely in support of the additional services at the Rates set forth above.