Rice University Instructor/Teaching Assistant
Agreement to Comply with FERPA Student Privacy Laws
This FERPA Agreement is executed by the person identified below (the “FERPA Agent”) for the benefit of Rice University (“Rice”), and constitutes a legally binding obligation of the FERPA Agent.
Background: FERPA Agent desires to provide certain educational support services to Rice under a separate agreement or contract (whether oral or in writing), and Rice desires to engage FERPA Agent in this capacity. During this engagement, FERPA Agent will have access to certain student data of Rice, which data falls within the definition of “Education Records,” as that term is defined in the Family Educational Rights and Privacy Act (FERPA) and its associated regulations (“Education Records”). To ensure the strict confidentiality of these Education Records, Rice requires FERPA Agent to enter this Agreement as a condition of providing the contracted services.
FERPA Agent hereby agrees as follows:
1. School Official: To the extent the FERPA Agent has access to Education Records from Rice, FERPA Agent is recognized to be a “school official,” as that term is defined in FERPA, with a legitimate educational interest in accessing the Education Records in order to provide the contracted educational support services. FERPA Agent agrees that agent shall not use Education Records for any purpose other than the performance of the contracted services. Except as required by law, FERPA Agent shall not disclose or share Education Records with any party other than employees of Rice with a legitimate educational interest in the information or as instructed by the course instructor or department chair. As a general matter, FERPA agent commits to safeguard the Education Records and not allow access to these records except as permitted by the course instructor or Rice department chair. In the event any person seeks to access Education Records, FERPA Agent will immediately notify the course instructor or department chair.
2. Data Ownership: FERPA Agent acknowledges that all Education Records are, and shall remain throughout FERPA Agent’s engagement with Rice, the property of the University; this includes any information or data that is collected, created, processed, or aggregated by FERPA Agent as part of his or her work for Rice.
3. Data Use: FERPA Agent acknowledges that it shall only use Education Records as necessary to provide the applicable services or as otherwise permitted in writing by the University. Supplier shall not, directly or indirectly, access, use, disclose, copy, distribute, store, republish or allow any third party to have access to any Rice Education Records, unless first approved by Rice in writing. FERPA Agent will use appropriate administrative, technical and physical security measures to preserve the confidentiality and integrity of all Education Records of Rice.
4. Breach Notification: If FERPA Agent believes that any Rice Education Records have been subject to unauthorized access, FERPA Agent will promptly (and in any event within 48 hours) notify the University by sending e-mail to the course instructor or department chair. Any failure to comply with this requirement or other requirements in this agreement may be grounds for immediate termination of FERPA Agent by Rice.
5. Data Disposal: At any time and upon Rice’s written request, FERPA Agent shall promptly return to Rice, within five (5) business days, all originals and copies of Rice data, including Education Records, whether in printed or electronic form. Any and all backups and archived data will be deleted thereafter, within a period of ten (10) business days. At the completion of the contracted services, FERPA Agent shall promptly destroy or return (at the option of the course instructor or department chair) all originals and copies of Rice data, whether in printed or electronic form, including any and all backups and archived data. FERPA Agent shall not retain, in any form, copies of any Rice Education Records, beyond the conclusion of the contracted services.
FERPA AGENT:
Signed:
Printed Name:
Date of Signature: