Common use of FERPA Compliance Clause in Contracts

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. 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 22 conflicts with EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum, Contractor will comply with Section 12.11 22 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. 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. Some of the University Records Contractor receives, creates or maintains for from or on behalf of University constitute “Education Records Records” (as defined by FERPA), or “Personally Identifiable Information from Education Records Records” (as defined by FERPA) (collectively, 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.], the FERPA compliance contract addendum (“FERPA Confidentiality and Security Addendum. ”), attached as EXHIBIT ___ [Note: Insert Exhibit number/letter.], 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 EXHIBIT ___ [Note: Insert Exhibit number/letter.], the 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.], the FERPA Confidentiality and Security Addendum, Addendum conflicts with any term contained in this Agreement, the terms of EXHIBIT ___ [Note: Insert Exhibit number/letter.], the FERPA Confidentiality and Security Addendum, 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 [Option (Include if HUB Subcontracting Plan was prepared in connection with the Work