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determines that providing the requested student data would not be in the best interests of current or
<br /> former District students;and(ii)each request for student data must be approved by the Executive Director
<br /> 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 student
<br /> information, including, among others, requirements for maintaining the confidentiality of personally
<br /> identifiable information (e.g., names, addresses, telephone numbers, dates of birth, test scores, et
<br /> cetera). To the extent,in connection with the Services,the Partner or any of the Partner Staff accesses,
<br /> obtains, stores, uses, or discloses any information within the scope of FERPA (regardless of whether
<br /> inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in this
<br /> 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. To
<br /> 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 whether
<br /> inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else In this
<br /> Agreement,the Partner shall comply with any and all applicable requirements of HIPAA and/or HITECH,
<br /> and their respective Implementing regulations.
<br /> Section 2.3 Partner ConfidentialityObligation. 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 the
<br /> Confidential Student Information that:(i)the Partner or any of the Partner Staff obtain or discover during
<br /> or as a consequence of performing the Services; or (II) is provided to the Partner or any of the Partner
<br /> Staff by the District or any parent, guardian, student, or other person. For purposes of this Agreement,
<br /> 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 is
<br /> provided to,learned by,or Inferred by the Partner or any of the Partner Staff, Including,without
<br /> limitation,any information volunteered by a District student;and
<br /> (li) "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 /> number, personal identification number,student identification number,date and place of birth,
<br /> mother's maiden name, street address, email address, Internet protocol address, telephone
<br /> number, photograph, and fingerprints or other biometric Information;or(2) is linked or linkable
<br /> District Agreement Number:24/25-072 Page 4
<br /> Requested Department: Multiple Sites
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