Common use of Qualified FERPA Exception Clause in Contracts

Qualified FERPA Exception. If Infinite Campus will have access to Education Records, Infinite Campus acknowledges that, for the purposes of this Agreement, pursuant to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and its implementing regulations, 34 C.F.R. Part 99 (“FERPA”), it will be designated as a “school official” with “legitimate educational interests” in the District Education Records and PII disclosed pursuant to the XXXX, and Infinite Campus agrees to abide by the FERPA limitations and requirements imposed on school officials. Infinite Campus will use the Education Records only for the purpose of fulfilling its duties under the XXXX. Infinite Campus is performing an institutional service for which the school would otherwise use employees, is under the direct control of the District, for District’s and its End Users’ benefit and shall not share District Data with or disclose it to any third party except as provided for in the Agreement, as required by law, or if authorized in writing by the District. Infinite Campus warrants and represents that during the five-year period preceding the Effective Date of this Agreement, it has not been found in violation of FERPA by the Family Policy Compliance Office.