Ion (2019)

| Colchester Public Schools

 

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

AGREEMENT

And |
The Colchester Board of Education

This. Agreement (“Agreement”) is entered into-on April 25,2019, between the Colchester
Board of Education (the “Board”) and.ion Software Group, LLC (“Contractor”) (collectively, the
“Parties”) forthe purpose of identifying the obligations of the Parties relative to the confidentiality of
student data. :

Article I. 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: CFR99.1 -
99.67 (as amended). :

Article ll. 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):

O Medical consultation

Oo Special education consultation or audit

UO Academic program consultation or audit (non-special education}

C1 Behavior intervention/Positive behavior intervention supports consultation or audit

LD information technology consultation or audit

X Student datastorage, maintenance, collection and/or analysis

Oo Other (explain):

Article lll, General Provisions

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

 

 


B.

The Board may request that the Contractor delete student data in the Contractor's possession
by sending such request to the Contractor by electronic mail, The Contractor will delete the
requested student data within two (2) business days of receiving such a request.

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.

lf the Contractor receives a request to review student data in the Contractor’s possession
directly froma 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 following the amendment procedures outlined in the Board’s Confidentiality and Access to
Education Records Policy.

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:

A.

Using technologies and methodologies consistent with the guldancé 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 ina manner
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

A.

The Contractor shall not use student data for any purposes other than those authorized
pursuant to this Agreement. :

The Contractor shall not retain, and the Board shall not otherwise make available, any student
data upon completion of the contracted services 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 two (2) business days after receiving such a request, and agrees to not delete such
student data because it is controlled 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.

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.

 


E. The Contractor shall not-sell, rent or trade-student-data. Inthe event the Contractor merges:or is
purchased by another entity, the Contractor must notify the.Board in writing.and receive written
approval from the Board prior to providing for-any purpose any student data covered under this
Agreement to its successor.

Article Vi, Data Breaches

A. Upon the discovery by the Contractor ofa breach of security that results inthe unauthorized
release, disclosure, of acquisition of student data, or the suspicion:that sucha breach may have
occurred, the Contractor shall provide initial notice'te the Board as'soon as possible, but not
more than forty-eight (48) -hours 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 and shall include the following ‘information, to the extent known at the
time of notification:

1. Dateand time of the breach; / 1
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.

B. Upon discovery by the Contractor of a breach, the Contractor shall conduct an investigation and
restore the integrity of its data systemns and, without unreasonable delay, but not later'than
thirty (30) days after discovery of the breach, shall provide the Board witha more 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 af the
breach; and measures taken to ensure that such a breach does not occur in the future.

C. The Contractor agrees to cooperate with the Board with respect to investigation of the breach
and to reimburse the Board for costs associated with responding to.the breach as required by
Public Act 16-189,

D. Notwithstanding the breach notifications required in this Article, the Contractor shall provide
the Board with a copy of the notification that it provides to.a student or the parents:or
guardians:of such student. pursuant to Public Act 16-189, The copy of such notice shall be
provided to‘the Board by electronic mail on the same-date that it is provided to the student-or
parents or guardians of such student. The Parties agree that the following information shal! be
included in the Contractor's notice of breach to.a student or parent or guardian of a student:

1. Name. ofthe student being notified whose student data was released, disclosed or acquired,
which shall not include the 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 of

relating to this Agreement, including its formation and validity, shall’be governed by the
laws of the State of Connecticut.

 


4 *
B. Choice-of Forum. The parties agree that-any and all disputes arising from or relating to

this Agreement, including its formation and validity, shall be:settled inthe State of
Connecticut. ‘ :

c. 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 ~
by eek; 4/25/19
Jeffrey £. Burt Date

Superintendent of Schools

Company: ion Software Group, LLC

5/3/2019

’ Date