Common Contracts
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Data Sharing Agreement Checklist forDecember 1st, 2014
This document is an adaptation of the 2012 “Data Sharing Agreement Checklist” that was intended for K–12 audiences. This adaptation of the original document is intended for IDEA Part C early intervention and Part B 619 preschool special education. This document summarizes the requirements for the written agreements under the audit or evaluation exception1 that is specified in FERPA and that also applies to the IDEA. The FERPA regulations on the audit or evaluation exception require that the State or local educational authority or agency headed by an official listed in 34 CFR §99.31(a)(3) must use a written agreement when disclosing personally identifiable information (PII) from education records without consent to designate any authorized representative other than an employee. See 34 CFR §99.35(a)(3). There are mandatory elements that must be included in the agreement. The following checklist delineates the minimum requirements under the audit or evaluation exception. The list of the m
