Lexia (2020) — Colchester Document Library

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Colchester Public Schools

CONTRACT
In compliance with P.A. 16-189, An Act Concerning Student Data Privacy

AGREEMENT

Lexia Learning Systems LLC
And
The Colchester Board of Education

This Agreement (“Agreement”) is entered into on August 24, 2020 between the Colchester
Board of Education (the “Board”) and Lexia Learning Systems LLC (“Contractor”) (collectively, the
“Parties”) for the purpose of identifying the obligations of the Parties relative to the confidentiality of
student data.

Article |. Definitions. For purposes of this Agreement, “directory information,” “de-identified student
information,” “personally-identifiable information,” “school purposes,” “student information,” “student
records,” “student-generated content,” and “targeted advertising,” shall be as defined by Public Act 16-
189. “Education records” shall be defined by the Family Educational Rights and Privacy Act of 1974
(“FERPA”), codified at 20 U.S.C § 1232g (as amended); and its implementing regulations, 34 CFR 99.1 -
99.67 (as amended).

Article il, Purpose of Agreement: The Parties agree that the purpose of this Agreement is to detail the
obligations of both Parties relative to the safety and confidentiality of student information, student
records and student-generated content (collectively, “student data”), which student data may be
provided to the Contractor in connection with Contractor’s provision of one or more of the following
professional and non-instructional services (check those applicable):

Medical consultation
Special education consultation or audit
Academic program consultation or audit (non-special education)

Behavior intervention/Positive behavior intervention supports consultation or audit

Lob bb

Information technology consultation or audit
X Student data storage, maintenance, collection and/or analysis

X Other (explain): provision of subscribed services/products

Article Ill. General Provisions

A. All student data provided or accessed pursuant to this Agreement is and remains underthe
control of the Board. All student data are not the property of, or under the control of, the
Contractor.

The Board may provide written request for the Contractor delete student data in the
Contractor’s possession by sending such request to the Contractor. The Contractor will
delete the requested student data within twenty-eight (28) days of receiving such arequest.

The Contractor shall not use student data for any purposes other than those authorized in this
Agreement, and may not use student data for any targeted advertising.

\f the Contractor receives a request to review student data in the Contractor’s possession
directly from a student, parent, or guardian, the Contractor agrees to refer that individual to the
Board and to notify the Board. The Contractor agrees to work cooperatively with the Board to
permit a student, parent, or guardian to review personally identifiable information in student
data that has been shared with the Contractor, and correct any erroneous information therein,
by_honoring the Board’s request for such information.

Article IV. Security and Confidentiality of Student Data. The Contractor and the Board shall ensure
that they each comply with the FERPA. Further, the Contractor shall take actions designed to ensure the
security and confidentiality of student data, including but not limited to:

Using technologies and methodologies consistent with the guidance issued in the American
Recovery and Reinvestment Act of 2009, Public Law 111-5, § 13402(h)(2), 42 U.S.C. §17932;

Maintaining technical safeguards relating to the possession of education records in amanner
consistent with 45 C.F.R. 164.312;

Otherwise meeting or exceeding industry standards relating to the safeguarding of confidential
information.

Article V. Prohibited Uses of Student Data

The Contractor shall not use student data for any purposes other than those authorized
pursuant to this Agreement or by Public Act 16-189, as amended by state legislature.

The Contractor shall not retain, and the Board shall not otherwise make available, any student
data upon the end of Contractor’s standard data retention term of the Board’s earlier written
request unless a student, or parent or legal guardian of a student chooses to establish or
maintain an electronic account with the Contractor for the purpose of storing student-
generated content.

During the entire effective period of this Agreement, the Board shall have control of any and all
student data provided to or accessed by the Contractor. If a student, parent or guardian
requests deletion of student data, the Contractor agrees to notify the Board immediately, but
no later than five (5) business days after receiving sucha request, and agrees to not deletesuch
student data because it is controlied by the Board. The contractor shall destroy any and all
student data within a reasonable period of time if the Board requests the deletion of such
student data in writing.

The Contractor shall not collect, store, or use student data or persistent unique identifiers for
purposes other than the furtherance of school purposes, as determined by the Board or as

permitted by this Agreement

The Contractor shall not sell, rent or trade student data. in the event the Contractor merges or is
purchased by another entity, the Contractor must notify the Board in writing. This Agreement
may be assigned by Contractor to an affiliate or in connection with a merger, consolidation or sale
of substantially all assets with the Board’s written approval.

Article VI. Data Breaches

Upon the discovery by the Contractor of a confirmed breach of security that results in the
unauthorized release, disclosure, or acquisition of student data, the Contractor shall provide
initial notice to the Board as soon as reasonably possible, after such discovery (“Initial Notice”).
The Initial Notice shall be delivered to the Board by electronic mail to Superintendent Jeffrey E.

Burt, jburt@colchesterct.org or to the contact currently on file and shall include the following
information, to the extent known at the time of notification:

1. Date and time of the breach;
2. Names of student(s) whose student data was released, disclosed or acquired;
3. The nature and extent of the breach;

4. The Contractor's proposed plan to investigate and remediate the breach.

Upon discovery by the Contractor of a confirmed breach, the Contractor shall conduct an
investigation and restore the integrity of its data systems and, without unreasonable delay, but
not later than thirty (30) days after discovery of the breach, shall provide the Board with amore
detailed notice of the breach, including but not limited to the date and time of the breach;
name(s) of the student(s) whose student data was released, disclosed or acquired; nature and
extent of the breach; and measures taken to ensure that such a breach does not occur in the
future.

The Contractor agrees to cooperate with the Board with respect to investigation of the breach
and to reimburse the Board for actual documented costs legally required of the Board
associated with responding to the breach if caused by the Contractor as required by PublicAct
16-189.

1, Data was released, disclosed or acquired, names of other students;

2. Date and time of the breach.

Article VII. Choice of Law, Choice of Forum, Merger, Severability

A. Choice of Law. The parties agree that this agreement and any disputes arising from or
relating to this Agreement, including its formation and validity, shall be governed bythe
laws of the State of Connecticut.

B. Choice of Forum. The parties agree that any and all disputes arising from or relatingto
this Agreement, including its formation and validity, shall be settled in the State of
Connecticut.

Cc Amendment. This Agreement may be changed, amended, or superseded, only upon an
agreement in writing executed by both parties hereto.

D. Severability. A court finding of invalidity for any provision of this Agreement does not

invalidate other provisions or applications that are not affected by the finding.

This Agreement is effective upon execution by both parties and shall continue until the end of the
contract period.

Colchester Board of Education

23-Sep-2020
Print Name: Peter Koso Date
Title: Vice President