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"Standard Student Data Privacy Agreement" that shall be applicable to: (i) all student data shared
<br />pursuant to this Agreement; and (ii) the Partner and the Partner Staff. Notwithstanding the foregoing:
<br />(i) the District in its discretion may decline to comply, in whole or in part, with any request for student
<br />data, if the District determines that providing the requested student data would not be in the best
<br />interests of current or former District students; and (ii) each request for student data must be approved
<br />by the Executive Director of the District's Research and Evaluation Department.
<br />Section 2.2 Applicable Privacy Requirements.
<br />Subsection 2.2.1 Family Educational Rights and Privacy Act. The Family Educational
<br />Rights and Privacy Act set forth in 20 U.S.C. Section 1232g ("FERPA") and 34 CFR Part 99, the federal
<br />regulations that implement FERPA, set forth requirements for protecting the privacy of parent and
<br />student information, including, among others, requirements for maintaining the confidentiality of
<br />personally identifiable information (e.g., names, addresses, telephone numbers, dates of birth, test
<br />scores, et cetera). To the extent, in connection with the Services, the Partner or any of the Partner Staff
<br />accesses, obtains, stores, uses, or discloses any information within the scope of FERPA (regardless of
<br />whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in
<br />this Agreement, the Partner shall comply with any and all applicable requirements of FERPA and its
<br />implementing regulations.
<br />Subsection 2.2.2 Health Insurance Portability and Accountability Act. The Health
<br />Insurance Portability and Accountability Act, Public Law 104-191("HIPAA") and the federal regulations
<br />that implement HIPAA, set forth requirements for, among other things, use and disclosure of individuals'
<br />health information, including, among others, requirements for individuals to control use of their health
<br />information and for entities possessing such health information to properly protect it from unauthorized
<br />disclosure. In addition, the Health Information Technology for Economic and Clinical Health Act of 2009,
<br />Public Law 111-0005 ("HITECH") and the federal regulations that implement HITECH, address concerns
<br />associated with electronic transmission of health information and establishes penalties for violations.
<br />To the extent, in connection with the Services, the Partner or any of the Partner Staff accesses, obtains,
<br />stores, uses, or discloses any information within the scope of HIPAA and/or HITECH (regardless of
<br />whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in
<br />this Agreement, the Partner shall comply with any and all applicable requirements of HIPAA and/or
<br />HITECH, and their respective implementing regulations.
<br />Section 2.3 Partner Confidentiality Obligation. Except as provided in Section 2.4 herein, the
<br />Partner and Partner Staff shall keep confidential and not disclose to any other person or entity any of
<br />the Confidential Student Information that: (i) the Partner or any of the Partner Staff obtain or discover
<br />during or as a consequence of performing the Services; or (ii) is provided to the Partner or any of the
<br />Partner Staff by the District or any parent, guardian, student, or other person. For purposes of this
<br />Agreement, but without limiting anything else in this Agreement:
<br />(i) "Confidential Student Information" means any and all information regarding the identity,
<br />condition, family members, home address, participation in programs, or other "personally
<br />identifiable information" of or relating to District students enrolled in or receiving Services that
<br />is provided to, learned by, or inferred by the Partner or any of the Partner Staff, including,
<br />without limitation, any information volunteered by a District student; and
<br />(II) "Personally identifiable information" means any information (in whatever form or format) that:
<br />(1) can be used to distinguish or trace an individual's identity, such as name, social security
<br />District Agreement Number: 22/23-171 Page 4
<br />005382.0128R�quested Department: Carver Elementary School
<br />073334.2
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