Common use of Records and Confidentiality Clause in Contracts

Records and Confidentiality. The Contractor shall have access to District records (including, but not limited to student and personnel records) only to the extent necessary for performance of the Services. The Contractor agrees that any information Contractor receives from the District or otherwise in the performance of Services, or creates in the performance of Services, including, but not limited to, information pertaining to individual District employees or students in conjunction with Services provided under the Agreement, shall remain the property of the District and shall be treated and maintained by the Contractor as confidential information and used only for the identified purposes in conjunction with the Services under the Agreement. Contractor will be acting as a “school official” under state and federal student records laws in the performance of Services. Contractor will access student information only to the extent necessary to perform Services. Student record information shall be left and maintained at the District at all times except with permission of the District. Student records information shall not be downloaded onto any technology of the Contractor (e.g., phone, computer, tablet) except with specific written permission. Student record information shall not be disclosed to third parties except as allowed or required by law, and will not be used for the Contractor’s own personal or business purposes outside the performance of Services under the Agreement. All information that qualifies as a student record under Family and Educational Rights Privacy Act and the Illinois School Student Records Act shall be handled by the Contractor in accordance with those laws. If there is a breach of such information (i.e. intentional or unintentional disclosure to a third party by or through Contractor or agent of Contractor), the Contractor shall immediately, upon knowledge of the incident, inform the District of the breach and the data affected. Contractor further agree to comply with all state and federal laws, including, but not limited to, the Illinois School Student Records Act, the Illinois Mental Health Act and Developmental Disabilities Confidentiality Act, the federal Family Educational Rights and Privacy Act, the Health Insurance Portability and Accountability Act of 1996 and all rules and regulations governing the release of student, personnel, and medical records. Contractor also shall abide by all other records confidentiality obligations of the District and all District policies and procedures applicable to same. Upon termination of the Agreement for any reason, any District employee or student record information in possession of Contractor shall be returned to the District and all copies of such information in all formats destroyed in accordance with all applicable laws and U.S. Department of Education and Privacy Technical Assistance Center guidelines within thirty (30) days of termination unless the Agreement provides for Contractor to maintain the records for a longer period of time. Contractor shall exercise the utmost discretion with respect to information they may become aware of with respect to any students in the school environment. All information regarding students acquired by Contractor in any form (written, electronic, verbal, etc.) shall be treated as confidential information, and Contractor shall not re-disclose any student information to third parties.