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HomeMy WebLinkAboutContract CAG-20-029 COMMUNITY BASED ORGANIZATION DATA SHARING AGREEMENT BETWEEN RENTON SCHOOL DISTRICT No.403 AND CITY OF RENTON This Data Sharing Agreement("Agreement")dated for reference purposes as January 7, 2020 between Renton School District, a Washington municipal corporation ("District"), and the City of Renton, a Washington municipal corporation ("Requestor"). The Requestor's Recreation and Neighborhoods Division offers out-of-school services for children through its Highlands Neighborhood Center After School and Summer enrichment programming, including programming in STREAM, Spanish culture and music, and recreation activities(the"Program"). The Requestor requires the consent of a parent or guardian before a child may participate in the program,which includes the parent's or guardian's authorization for the District to provide the Requestor with personally identifiable information("PII") from the child's education records. The District will release PII to the Requestor based on the terms of this Agreement pursuant to the parent or guardian authorizations it receives from the Requestor. In 2018, the District and Requestor entered into a similar agreement. Based upon the parties' mutual satisfaction with performance under that agreement, the District and Requestor desire to enter into this renewable agreement.AGREEMENT 1. OBLIGATIONS OF REQUESTOR During the period of performance of this Agreement, the Requestor shall: a. Provide the District with a copy of each authorization executed by a parent or guardian on behalf of a child who is participating in the Program. b. Analyze the student information,educational records,PH, and data provided by District to Requestor(collectively,the"District Data") in order to assess the outcomes of the Program. The Requestor's analysis is intended to address whether a child's consistent participation in the Program contributes to an improved pattern of attendance, behavior, or class subject achievement in school. c. Analyze the child's baseline information on attendance,behavior and achievement will be analyzed to compare to the same measures post-participation in a year of enrichment out-of-school programming.The analysis is intended to describe if the child's duration and extent of participation in a combination of two or more of the Program options (STEM,recreation, science exploration, culture, language, arts)contribute to specific changes in their patterns in school attendance,behavior, and achievement. d. Acknowledge that the District Data comprises PII, as defined by FERPA, of Page 1 of 8 children who attend school in the District.The Requestor will therefore comply with state and federal laws that apply to the use and release of the District Data, including but not limited to the Washington Public Records Act,chapter 42.56 RCW(the"Public Records Act") and the Family Educational Rights and Privacy Act("FERPA") and its regulations, set forth at 34 C.F.R. § Part 99,and the re-disclosure limitations set forth in 34 C.F.R§ Part 99.33. To the extent that the Requestor acquires a parent's or guardian's consent for re- disclosure, it will provide a copy of the authorization to the District upon the District's request. e. Comply with the re-disclosure limitations set forth in FERPA including 34 C.F.R § Part 99.3. Will give the District notice of any request for public records that it receives to which all or a part of the District Data would be responsive. The Requestor will endeavor to provide such notice to the District in as timely a manner as possible,but no less than fifteen (15) days before responding to the request. f. Restrict Requestor's access to the District Data only to(i) the person or persons who provide direct services to District students; and/or(ii) the person or persons within the Requestor's organization who have been tasked with analyzing the District Data; and make those persons aware of, and agree to abide by, the terms set forth in this Agreement. g. Not release or otherwise reveal, directly or indirectly, District Data to any individual, agency,entity, or third party not included in this Agreement, unless such disclosure is required by law(including the Public Records Act)or pursuant to a court order. h. Not distribute,reprint, alter, sell, assign,edit,modify or create derivative works or any ancillary materials from or with the District Data,other than publications permitted herein. i. Not use District Data shared under this Agreement for any purpose other than the goals outlined in this Agreement. Nothing in the Agreement shall be construed to authorize Requestor to have access to additional data from the District that is not included in the scope of the Agreement (or addenda). Requestor understands that the Agreement does not convey ownership of the District Data to Requestor. j. Take reasonable security precautions and protections to ensure that persons not authorized to view the District Data do not gain access to the District Data. Reasonable security precautions and protections may include, but are not limited to: i. Creating, distributing, and implementing data governance policies and procedures which protect District Data through appropriate administrative,technical,and physical security safeguards, and outline staff responsibilities for maintaining data security; ii. Encrypting all District Data carried on mobile computers/devices; Page 2 of 8 iii. Encrypting District Data before it is transmitted electronically; iv. Requiring that users be uniquely identified and authenticated before accessing District Data; v. Establish and enforce well-defined data privilege rights which restrict users' access to the District Data necessary for them to perform their job functions; vi. Ensuring that all staff accessing District Data sign an affidavit of nondisclosure,and maintain copies of signed affidavits; vii. Securing access to any physical areas/electronic devices where sensitive data are stored; viii. Installing a firewall to permit or deny network transmissions based upon a set of rules; or ix. Installing anti-virus software to protect Requestor's network. k. Report all known or suspected breaches of District Data, in any format, to the District's Chief Information Office as soon as reasonably practicable but no later than 48 hours from the Requestor's knowledge of the known or suspected breach. The report shall include, to the extent the following is available and known to Requestor(1)the name,job title, and contact information of the person reporting the incident; (2) the name,job title, and contact information of the person who discovered the incident; (3)date and time the incident was discovered; (4) nature of the incident(e.g., system level electronic breach, an electronic breach of one computer or device, or a breach of hard copies of records;(5)a description of the information lost or compromised; (6) name of electronic system and possible interconnectivity with other systems; (7) storage medium from which information was lost or compromised; (8)controls in place to prevent unauthorized use of the lost or compromised information; (9)number of individuals potentially affected; and(10) whether law enforcement was contacted. 1. Maintain the District Data in accordance with applicable record retention schedules, and will thereafter securely and permanently destroy the District Data regardless of the form in which it was maintained in accordance with its regular record maintenance and destruction practices. Requestor will certify to the District that the District Data has been destroyed in accordance with this paragraph upon the District's request. m. Designate one or more custodians ("Requestor Custodians") of the District Data that the District shares with the Requestor under this Agreement. Requestor has designated: Carrie Nass, Keith Green II, and Tom Puthoff as its Requestor Custodians, and reserves the right to name one or more successor designees in writing. One or more of the Requestor Custodians shall transmit all data requests to District and maintain a Iog or other record of all data requested and received pursuant to the Agreement, including confirmation of the return or destruction of any District Page 3 of 8 Data. Requestor shall make such records available to the District or its agents, upon reasonable request. n. Have the right consistent with scientific standards, to present, publish, or use student results it has gained in the course of its analysis,but only if the publication,presentation, or use does not include personally identifiable information of parents, students, or teachers. i. The Requestor shall not publish,present, or use reports that include a cell size of less than 10. Reports must mask these cells so that the results are not revealed. ii. Publications and reports of data and information shared, including preliminary descriptions and draft reports, shall involve only aggregate data and no personally identifiable information or other information that could lead to the identification of any student,parent,or teacher. iii. No less than 15 business days prior to public disclosure of its data analysis, Requestor will provide the District a manuscript or other draft of the proposed public disclosure. Within 15 business days following receipt thereof, the District will notify Requestor in writing if the proposed disclosure contains any confidential or PII and specify the portions of the proposed disclosure which the District requests be redacted. If Requestor determines that all or a portion of the requested redaction is or could be inconsistent with the Public Records Act, or other disclosure obligations of Requestor, Requestor may release the information without redaction unless District or other third party has obtained a court order. iv. Provide the District, free of charge and within thirty(30) days of request,a copy of any report that is generated using District Data. v. Include the following acknowledgment in reports or articles based on District Data obtained from the District under this Agreement: "This report/article was made possible,in part,by the support of Renton School District. Opinions contained in this report/article reflect those of the author and do not necessarily reflect those of Renton School District." The Requestor shall cite the District as the source of the data in all tables, reports, presentations, and papers. o. Acknowledge that any violation by Requestor of this Agreement and/or the provisions of FkRPA or accompanying regulations related to the nondisclosure of protected student information allows District to immediately terminate this Agreement. p. Comply with its obligations set forth in Appendix A. II. OBLIGATIONS OF DISTRICT During the period of performance of this Agreement, the District shall: Page 4 of 8 a. Prepare and make accessible District Data as further described in Appendix A. b. Release District Data under this Agreement to one or more of the Requestor Custodians subject to the District's receipt of parent or guardian disclosure authorizations from the Requestor. III. PAYMENT No payments will be made under this agreement by either party. IV. INDEMNIFICATION Requestor agrees that to the fullest extent permitted by law, Requestor will hold harmless, defend, and indemnify the District, its agents,employees and board members from any liability, cost or expense, including without limitation penalties, losses,damages, attorneys' fees,taxes, expenses of litigation,judgments, liens, and encumbrances, to the extent arising out of or resulting from the sole negligent act or omission by Requestor under this Agreement.The terms of this section shall survive termination of this Agreement. The District agrees that to the fullest extent permitted by law,the District will hold harmless, defend, and indemnify Requestor,its agents,employees, and officials from any liability,cost or expense, including without limitation penalties,losses, damages, attorneys' fees, taxes, expenses of litigation,judgments,suits, liens,and encumbrances, to the extent arising out of or resulting from the sole negligent act or omission by District under this Agreement.The terms of this section shall survive termination of this Agreement. V. PERIOD OF PERFORMANCE The period of performance for the parties under this Agreement is from September 1,2019 to August 31,2020. VI. TERMINATION The District may terminate this Agreement,with 30 days' written notice to Requestor at any time, for any reason. Prior to the effective date of termination, the District may discontinue its sharing of District Data with Requestor if it determines, in its sole discretion, that it is necessary to do so for the health or safety of students and staff. Requestor may terminate this Agreement, with 90 days' written notice to the District, at any time,for any reason. VII. MISCELLANEOUS PROVISIONS A. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior oral or written agreements, commitments,or understandings concerning the matters provided herein. Page 5 of 8 B. Amendment. Modifications to this Agreement must be in writing and be signed by each party. C. Governing Law. The terms of this Agreement shall be interpreted according to and enforced under the laws of the State of Washington. The parties agree that any judicial proceedings filed by the parties regarding this Agreement will take place in King County, Washington. D. Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will not be affected,but continue in full force. E. Assignment.Neither party shall assign its rights or responsibilities under this Agreement,unless it receives written permission from the other party. F. Non-Waiver. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. G. Counterparts. The parties agree that this Agreement may be executed in one or more counterparts,each of which shall constitute an enforceable original of the Agreement, and that facsimile signatures shall be as effective and binding as original signatures. H. Cooperation with District Auditor and State Auditor: Requestor agrees to provide reasonable cooperation with any inquiry by either the district or State Auditor relating to the performance of this contract. The District has the right to annually audit records of the Requestor relating to performance under this contract. Failure to cooperate may be cause for debarment from award of future contracts. By signing below,each signatory represents that it has the authority to execute this Agreement. RENTON SCHOOL DISTRICT No.403 City of Renton gee, (/ •LG i nature Signature Jo►t CcJ ((,f" ki~ t y Fo o& Printed Name Kelly Beymer ekit Title Administrator,Community Services Department Y/S17-19 yg/24.7 Date Date Page 6 of 8 APPENDIX A: DATA FILE DESCRIPTION The Requestor agrees to have three designated staff members of its Recreation and Neighborhoods Division trained in the data custodian training provided by the District. As of the date of this Agreement, Requestor's three designated staff members are: Keith Green II,Carrie Nass, and Thomas Puthoff. Once this Agreement is fully executed, Requestor may access District Data remotely using the Tableau platform that the District has made accessible to the Requestor. The Requestor requires the consent of a parent or guardian before a child may participate in the program, which includes the parent's or guardian's authorization for the District to provide the Requestor with PII from the child's education records. The District will release PH to the Requestor based on the terms of this Agreement pursuant to the parent or guardian authorizations it receives from the Requestor. The Requestor will provide the District with a copy of each authorization executed by a parent or guardian on behalf of a child who is participating in the Program. Requestor's Recreation and Neighborhoods Division is the lead organization in the Highlands Quality Out of School Time Partnership and may share limited information including attendance, behavior, and achievement data with the project partners and sub-contractors tasked with analyzing project data,identified below,only when it is in the best interest of providing services to the student participant,as solely determined by Requestor,and subject to the provisions of any applicable state or federal law, including FERPA. 1. Centro Rendu 2. Environmental Science Center 3. Techbridge Girls 4. ConTEXT Evaluation Requestor shall submit project reports to the Schools Out Washington/Best Start for Kids Initiative and include only de-identified aggregate data in any reports. Draft reports prepared by the Requestor will be shared first to the District per the conditions of this Agreement. The following data elements are the District Data being requested by Requestor for the students at Highlands Elementary School,McKnight Middle School, and additional schools in the District that are attended by the students participating in Requestor's after school and summer programming referred to as STREAM Team at Highlands Neighborhood Center. Attendance Data 1. Student 30-day school attendance rate of days of unexcused absence all day 2. Student number of unexcused absence for a class(es) Page 7 of 8 3. Student number of times tardy for school 4. Student number of times tardy for class Behavior Data 5. Student Individual behavior report for discipline-type of offense (major or minor),referral,exclusion such as suspension or expulsion 6. Class level-discipline count of referrals Performance Data 7. Student grade report-with grades in class subjects 8. Student missing assignments- if available 9. Student Course status—on track or failing behind (if available) 10. SBA 3rd grade ELA scores for the group of STREAM Team participants to compare to the school and district data in OSPI report card 11. SBA 4th grade math scores for the group of STREAM Team participants to compare to the school and district data in OSPI Report Card 12. MSP science scores for 5th and 8th grade STREAM TEAM participants to compare to school and district data in OSPI Report Card Page 8 of 8