Common use of Protection of Education Records Clause in Contracts

Protection of Education Records. NC State has determined that Contractor is a school official with a legitimate educational interest under the Family Educational Rights and Privacy Act (“FERPA”). If NC State provides Contractor with “personally identifiable information” from a student’s education record as defined by FERPA, 34 CFR §99.3, Contractor hereby certifies that collection of this information from NC State is necessary for the performance of the Services under this Agreement. Contractor further certifies that it shall maintain the confidential status of education records in its 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 NC State’s relationship with Contractor for a period of at least five (5) years from date of violation. If Contractor experiences a security breach relating to this information or if Contractor re-discloses the information, Contractor shall immediately notify NC State. Contractor 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.

Protection of Education Records. NC State has determined that Contractor is a school official with a legitimate educational interest under the Family Educational Rights and Privacy Act (“FERPA”). If NC State provides Contractor with “personally identifiable information” from a student’s education record as defined by FERPA, 34 CFR §99.3, Contractor hereby certifies that collection of this information from NC State is necessary for the performance of the Services under this Agreement. Contractor further certifies that it shall maintain the confidential status of education records in its 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 NC State’s relationship with Contractor for a period of at least five (5) years from date of violation. If Contractor experiences a security breach relating to this information or if Contractor re-discloses the information, Contractor shall immediately notify NC State. Contractor 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.