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
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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;
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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
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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:
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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.
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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
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Title Administrator,Community Services
Department
Y/S17-19 yg/24.7
Date Date
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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)
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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
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