PRIVACY OF PUPIL RECORDS. DISTRICT is a local education agency and SUPERINTENDENT is a third party provider subject to all state and federal laws governing education, including but not limited to the California Education Code 49073.1, and the federal Family Educational Rights and Privacy Act (FERPA). The California Education Code 49073.1 states that any technology services agreements entered into, renewed, or amended after January 1, 2015, between a local education agency and a third party provider must include certain terms. These requirements apply to agreements for services that utilize electronic technology, including cloud-based services, for the digital storage, management and retrieval of pupil records, as well as, digital software that authorizes a third party provider of educational software to access, store and use pupil records. In addition to other penalties, an agreement that fails to comply with the requirements of this section shall be rendered void if, upon notice and a reasonable opportunity to cure, the noncompliant party fails to come into compliance and cure any defect. Written notice of noncompliance may be provided by any Party to this Agreement. All Parties subject to this Agreement, voided under this section, shall return all pupil records in their possession to SUPERINTENDENT.
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Samples: Agreement for Network and Internet Access and Systems Support Services, Agreement for Network and Internet Access and Systems Support Services, Agreement for Network and Internet Access and Systems Support Services
PRIVACY OF PUPIL RECORDS. DISTRICT is a local education agency and SUPERINTENDENT is a third party provider subject to all state and federal laws governing education, including but not limited to the California Education Code 49073.1, and the federal Family Educational Rights and Privacy Act (FERPA). The California Education Code 49073.1 states that any technology services agreements entered into, renewed, or amended after January 1, 2015, between a local education agency and a third party provider must include certain terms. These requirements apply to agreements for services that utilize electronic technology, including cloud-cloud- based services, for the digital storage, management and retrieval of pupil records, as well as, digital software that authorizes a third party provider of educational software to access, store and use pupil records. In addition to other penalties, an agreement that fails to comply with the requirements of this section shall be rendered void if, upon notice and a reasonable opportunity to cure, the noncompliant party fails to come into compliance and cure any defect. Written notice of noncompliance may be provided by any Party to this Agreement. All Parties subject to this Agreement, voided under this section, shall return all pupil records in their possession to SUPERINTENDENT.
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