FERPA and State Equivalent Compliance Clause Samples

The FERPA and State Equivalent Compliance clause requires parties to adhere to the Family Educational Rights and Privacy Act (FERPA) as well as any similar state laws regarding the protection and confidentiality of student education records. In practice, this means that any handling, sharing, or storage of student information must meet federal and applicable state privacy standards, such as obtaining proper consent before disclosing records or implementing safeguards to prevent unauthorized access. The core function of this clause is to ensure that all parties involved maintain legal compliance and protect student privacy, thereby reducing the risk of legal violations and safeguarding sensitive educational data.
FERPA and State Equivalent Compliance. District and Illuminate each represents and warrants that it and its agents, employees and subcontractors have and will continue to receive training so as to be familiar with the provisions of the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and equivalent state provisions, and each party agrees that it will comply with such provisions and take all reasonable measures necessary to protect Pupil Records from disclosure.
FERPA and State Equivalent Compliance. District and Illuminate each represents and warrants that it and its agents, employees and subcontractors have and will continue to receive training so as to be familiar with the provisions of the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and equivalent state provisions, and each party agrees that it will comply with such provisions and take all reasonable measures necessary to protect Pupil Records from disclosure. (i) District shall at all times remain the owner of any and all data provided to Illuminate and stored on system. District acknowledge that Illuminate may access such data to perform the services hereunder, and Illuminate agrees to not disclose or disseminate to others any data belonging to District without the prior written authorization from District, unless required by law or compelled by court order. In accordance with FERPA and the regulations promulgated thereunder, if Illuminate is performing institutional services and functions for District that would otherwise be performed by District, Illuminate will accordingly be considered a school official, provided that: (i) Illuminate shall use and maintain the data (including any education records and personally identifiable information of students (PII)) in accordance with FERPA and District’s FERPA related policies and procedures (which shall be provided to Illuminate in writing); (ii) District has the right to audit Illuminate’s use of the District’s data (including education records and PII) at any time; and (iii) Illuminate shall not re- disclose any data (including any education records or PII) of District or its students to any other party without the prior written consent of the District (and the student’s (or student’s parent(s) if required by law). (ii) The District may disclose to Illuminate and Illuminate shall maintain PII for and on behalf of District – in accordance with the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g(a)(4)(A)(ii), 1232g(b)(1) – for the primary purpose of providing assessment and research services pursuant to this ITB and resulting Contract. PII from education records is confidential and must not be redisclosed through direct data disclosures or publishing results that allow individuals to be directly or indirectly identified. Illuminate may itself, through its own employees or representatives, use PII to conduct assessment and research activities for the benefit of District and/or for the collective benefit of multi...

Related to FERPA and State Equivalent Compliance

  • REIT Compliance The Company is organized in a manner that conforms with the requirements for qualification as a real estate investment trust (“REIT”) under the Internal Revenue Code of 1986, as amended (the “Code”), and the Company’s intended method of operation, as set forth in the Prospectus, would enable it to meet the requirements for taxation as a REIT under the Code. The Operating Partnership will be treated as a partnership for federal income tax purposes and not as a corporation or association taxable as a corporation.

  • Please see the current Washtenaw Community College catalog for up-to-date program requirements Conditions & Requirements

  • SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

  • Equal Opportunity Compliance The Contractor agrees to abide by all federal and state laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, the Contractor assures that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.

  • FERPA Compliance In connection with all FERPA Records that Contractor may create, receive or maintain on behalf of University pursuant to the Underlying Agreement, Contractor is designated as a University Official with a legitimate educational interest in and with respect to such FERPA Records, only to the extent to which Contractor (a) is required to create, receive or maintain FERPA Records to carry out the Underlying Agreement, and (b) understands and agrees to all of the following terms and conditions without reservation: