Memorandum of Understanding
Between
The City Public Schools (CPS) and
the College Access Program (CAP)
This Memorandum of Understanding (this “Agreement”), entered into as of November
___, 2014, by and between the City Public Schools Board of Education (“CPS”) and the
College Access Program (“CAP”) is effective through September 30, 2015.
This
Agreement may be renewed in writing subject to the mutual satisfaction of both Parties
on an annual basis for up to five (5) years. This Agreement may be terminated by either
Party on written notice to the other Party.
Recitals
Whereas, CAP is a nonprofit organization dedicated to furthering the expansion
of college opportunities for low-income, first-generation students and students with
disabilities;
Whereas, CPS is committed to improving instruction and increasing student
achievement, college access and success for students enrolled in schools throughout the
District and has a long history of working with colleges and community programs to
achieve this goal;
Whereas, CAP has been awarded a competitive grant as part of the U.S.
Department of Education’s Investing in Innovation Fund Grant Program, established
under Section 14007 of the American Recovery and Reinvestment Act of 2009, pursuant
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to which CAP, in conjunction with College Access Programs in Louisville, will collect,
utilize and make available relevant data (see Appendix A) combined with targeted
college access programming in order to make decisions driven by data to promote student
achievement and attainment, increase college access and college success;
Whereas, CAP will utilize the i3 grant to implement its program, “in three high
schools (the “Schools”), each of which is located within the CPS school district in
Audrey Glen, Florida.
Whereas, CAP will collaborate with the Research Scholars Service (“RSS”) to
conduct research and evaluation studies for or on behalf of CPS, at the Schools;
Whereas, CAP will sub-contract to contractor (“contractor”), an experienced
and knowledgeable IT developer to receive scheduled data files from CPS’s Infinite
Campus, Career Cruiser and other data systems for students from the Schools.
Whereas, CAP and CPS have an existing relationship pursuant to which
the parties have worked together to provide college access programs and services to the
Schools, and the Parties intend to expand the current college access programs and
services provided to the Schools in order to achieve the defined outcomes and goals of
this Agreement; and
Whereas, in connection with the foregoing, the Parties desire to set forth their
mutual agreement as to the respective rights and obligations with respect to this
Agreement and the related programs and Services to be provided by CAP working with
College Access Programs during the Term of this Agreement, upon and subject to the
terms and conditions set forth herein:
NOW THEREFORE, CPS and CAP agree as follows:
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1.
On a regular basis, CPS will provide to CAP, and as appropriate, to Rolta on
behalf of CAP data files containing the data identified in Appendix A for any
student to whom the Project’s College Coach at the Schools is providing or
who has requested College Access Services;
2.
CPS will provide CAP, and as appropriate, to contractor on behalf of CAP,
cohort data identified in Appendix A on students previously enrolled
(including graduating classes of 2000 and following), currently enrolled or
entering the Schools to facilitate the development of reports and other tools to
assist CPS, school administrators, faculty and staff, students and college
access program staff in effectively preparing for and applying for college and
for student financial assistance to support their college enrollment ;
3.
CAP, and as appropriate, RSS on behalf of CAP, is conducting research on
behalf of CPS and will provide CPS with reports and tools as it may
reasonably seek to enable it to understand college-going and success patterns
within the District and to improve its efforts to increase rates of college-going
and success; and
4.
CAP will reimburse the District for any reasonable costs it incurs in
providing the data outlined in paragraphs (1) and (2) above at a rate of $75
per hour not to exceed $10,000 without written approval from CAP.
CAP Warrants that it will:
1. Use the data only for the purpose for which it was disclosed as outlined in this
Agreement.
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2. Provide CPS with a list of all potential parties/persons who will access the
data (“Authorized Agents”).
CAP will only grant its Authorized Agents
access to the data after receiving approval from CPS and will permit the
personal identification of parents or students only by those authorized agents
who have legitimate interests in the data provided.
3. Safeguard any information received from CPS in accordance with its security
plan. CAP shall conduct its study in a manner that does not permit the
personal identification of parents and students and neither CAP nor its
Authorized Agents shall allow public disclosure of any information received
under this Agreement in a manner that identifies any specific individual. CAP
warrants that its Security procedures addressed in this Agreement meet the
guidelines specified in the Family Educational Rights and Privacy Act
(FERPA).
4. Require contractor to detail its security plans and the checks and balances
needed to maintain the security of the data provided (see Appendix B).
5. Institute procedures to ensure that adequate safeguards are established to
provide protection against unauthorized access or disclosure of all information
and data pursuant to and in accordance with this Agreement.
6. Require Authorized Agents and individuals to participate in confidentiality
training and agree and sign an appropriate confidentiality agreement (see
Appendix C). The safeguards to protect the information, and the civil and
criminal sanctions for noncompliance are contained in applicable Federal and
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state laws. Employees and Authorized Agents of CAP will be notified that
criminal penalties exist for the release of confidential information.
7. Require that all information and data be kept in a secure, restricted area which
is physically safe. No employee shall disclose security access passwords
and/or codes to other employees or allow unauthorized access to restricted
data.
Any significant breech in these security agreements by CAP, its
employees, or agents will be grounds for termination.
8. Obtain Institutional Review Board (IRB) approval from a qualified agency to
provide critical oversight and insure that CAP follows ethical, scientific and
regulatory guidelines (see Appendix D).
9. Destroy and remove from its databases and those of its Authorized Agents all
personally identifiable data when the data is no longer needed for the purpose
of this study and no later than thirty (30) days after the termination of this
Agreement.
10. Hold harmless, indemnify and defend CPS, its board members and employees
from any and all claims arising from a breach of the confidentiality provisions
of this Agreement by CAP or its Authorized Agents.
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IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding to become effective as of the date written above.
For the City Schools Board of Education
For the College Access Program
______________________(signature)
______________________(signature)
______________________(date)
______________________(date)
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APPENDIX A (Amended)
Requested Student Data
1) CAP requests student-level data for each cohort of students enrolled in grades 9 thru
12 from 2000 to the present at the participating schools.
We request the following student-level data:
*italicized variables represent the amended request for data*
Student Demographics
• Student name (First, Middle, Last, Suffix)
• Student ID (school and state)
• Student address (including zip code and date living at address)
• Student phone number
• E-mail address
• Gender
• Date of Birth (if DOB not available, then age)
• Grade
• Race/Ethnicity
• Disability (including LRE and ECE)
• Free-and-reduced lunch status
• Student grade level
• Gifted/talented indication
• LEP status
• ESL status
• At-Risk status
• Migrant status
Student School History
• Date student first entered CPS school system
• Number of schools student has been enrolled upon entry into CPS
Student Behavior in School
• Disciplinary events, actions and resolutions (including event identifiers and
descriptions)
• Date of behavior event and resolution
Student Attendance
• Daily attendance (including the identifier for each event, e.g. A = Absent, T =
Tardy)
• Category of non-attendance
• Date of attendance event
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Student Course and Transcript Information
• Course grades and GPA (at the end of each grading period and cumulative;
include any bonus points added to GPA)
• Course names and subject (including the course identifier)
• GPA weight for the course
• Credits (attempted and earned at the end of each grading period)
• Day of course attendance (e.g. course is attended on Monday 1 = True, 0 =
False)
• Teacher identifier and name (first, middle, last, suffix)
• E-mail address
• Phone number (home, cell, work)
Student Standardized Test Information
• EXPLORE, PLAN and ACT scores (including composite scores by subject; subscores by subject and content area; individual item responses by subject; interest
inventory; career possibilities; and date test taken)
• STATE assessment scores (including test subject and date test taken) from grade
6 onwards
• Performance on any other standardized assessments (including test subject and
date test taken)
• End of course assessment grades (by subject)
College Access and Success
• Data from the National Student Clearinghouse
• Indication of whether student applied for federal financial aid
Parent Information
• Name of Parent/Guardian (First, Middle, Last, Suffix)
• Address (including zip code and date living at address, and primary household
indicator)
• Race/Ethnicity
• Date of Birth (if DOB not available, then age)
• Gender
• Relationship to student
• E-mail address
• Phone number (home, cell, work)
• Guardianship status (indicator of whether parent/guardian is the primary)
School and Term Information
• Name of school (including identifier)
• Name of school district
• School address (including two-letter state postal abbreviation)
• County of school address
• Start date of school year
• End data of school year
• Term identifier
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•
•
Start date and name of each grading term
End date and name of each grading term
2. CAP requests student-level data for students enrolled in grade 8 from 2000 to the
present.
We request the following student-level data:
*italicized variables represent the amended request for data*
Student Demographics
• Student name (First, Middle, Last, Suffix)
• Student ID (school and state)
• Student address (including zip code and date living at address)
• Student phone number
• E-mail address
• Gender
• Date of Birth (if DOB not available, then age)
• Grade
• Race/Ethnicity
• Disability (including LRE and ECE)
• Free-and-reduced lunch status
• Student grade level
• Gifted/talented indication
• LEP status
• ESL status
• At-Risk status
• Migrant status
Student School History
• Fall high school placement (for current 8th grade student, this data is needed
during the spring semester of student’s 8th grade year)
• Date student first entered CPS school system
• Number of schools student has been enrolled upon entry into CPS
Student Behavior in School
• Disciplinary events, actions and resolutions (including identifiers and
descriptions)
• Date of behavior event and resolution
Student Attendance
• Daily attendance (including the identifier for each event, e.g. A = Absent, T =
Tardy)
• Category of non-attendance
• Date of attendance event
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Student Course and Transcript Information
• Course grades and GPA (at the end of each grading period and cumulative;
include any bonus points added to GPA)
• Course names and subject (including the course identifier)
• GPA weight for the course
• Credits (attempted and earned at the end of each grading period)
• Day of course attendance (e.g. course is attended on Monday 1 = True, 0 =
False)
• Teacher identifier and name (first, middle, last, suffix)
• E-mail address
• Phone number (home, cell, work)
Student Standardized Test Information
• EXPLORE, PLAN and ACT scores (including composite scores by subject; subscores by subject and content area; individual item responses by subject; interest
inventory; career possibilities; and date test taken)
• STATE assessment scores (including test subject and date test taken) from grade
6 onwards
• Performance on any other standardized assessments (including test subject and
date test taken)
• End of course assessment grades (by subject)
College Access and Success
• Data from the National Student Clearinghouse
• Indication of whether student applied for federal financial aid
Parent Information
• Name of Parent/Guardian (First, Middle, Last, Suffix)
• Address (including zip code and date living at address, and primary household
indicator)
• Race/Ethnicity
• Date of Birth (if DOB not available, then age)
• Gender
• Relationship to student
• E-mail address
• Phone number (home, cell, work)
• Guardianship status (indicator of whether parent/guardian is the primary)
School and Term Information
• Name of school (including identifier)
• Name of school district
• School address (including two-letter state postal abbreviation)
• County of school address
• Start date of school year
• End data of school year
• Term identifier
10
•
•
Start date and name of each grading term
End date and name of each grading term
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APPENDIX B
Contractor’s Security Plan
Please see attachment, Appendix B-Security Plan
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APPENDIX C
Confidentiality Agreement
Exhibit 1
CONFIDENTIALITY AGREEMENT
Using Data to Inform College Access Programming Restricted Data Files
Safeguards for Individuals Against Invasion of Privacy: In accordance with the Privacy Act of 1974 (5 United
States Code 552a), the Education Sciences Reform Act of 2002 (Public Law 107-279), the Federal Statistical
Confidentiality Order of 1997, the E-Government Act of 2002 (Public Law 107-347), and the Computer
Security Act of 1987, all researchers who are given access to the above mentioned data under restricted license
are required to comply with the applicable provisions of the legislation, regulations, and guidelines and to
undertake all necessary safeguards for individuals against invasions of privacy.
To provide this assurance and these safeguards in performance of this research before receiving the data you
must give these assurances and will be bound by the following assurances.
Assurance of Confidentiality
The following safeguards will be implemented to assure that confidentiality is protected and that physical
security of the records is provided:
a. All researchers with access to data will take an oath of nondisclosure and sign an affidavit to that
effect.
b. The data shall be kept on a removable hard drive that will be placed in secured, locked cabinet.
c.
Student identifiers shall only be used to track and link students to college records. For subsequent
analyses purposes, the data files will be scrubbed of student identifiers.
d. All data files on network or multi-user systems shall be under strict control of a database manager
with access restricted to researchers sworn to confidentiality, and then only on a need-to-know basis.
e. All data files on single-user computers shall be password protected and all such machines will be
locked and maintained in a locked room when not attended by project staff sworn to confidentiality.
f.
External electronically stored data files (e.g., tapes on diskettes) shall be maintained in a locked storage
device in a locked room when not attended by project staff sworn to confidentiality.
g. Data or copies of data may not leave the authorized site for any reason.
By my signature affixed below, I hereby swear and affirm that I have carefully read this statement and fully
understand the statement as well as legislative and regulatory assurances that pertain to the confidential nature
of all records to be handled in regard to these files, and will adhere to all safeguards that have been developed
to provide such confidentiality. As a recipient of this data, I understand that I am prohibited by law from
releasing this data to others except as required for student matching with external data sources. I understand
that any willful and knowing individual disclosure or allowance of disclosure in violation of the applicable
legislation, regulations, and guidelines is punishable by law and would subject the violator to possible fine or
imprisonment.
(Signature)
(Date)
(Date)
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Exhibit 2
AFFIDAVIT OF NONDISCLOSURE
Using Data to Inform College Access Programming Restricted Data Request. All requests must be
accompanied by a brief attached description of the research project the data is being requested and
the time frame in which the data will be used
Name_____________________________________________Title________________________________
_______
Date of Request______________
Purpose __________________________________________________________
Organization State or Local Agency or
Instrumentality_____________________________________________
I, _________________________________, do solemnly swear (or affirm) that when given access to any of
the Erie City School District Data Files that I will not:
(i)
make any disclosure or publication whereby a sample unit (individual sample member, grantee, school or
institution) could be identified; or
(ii)
permit anyone other than the individuals authorized by the Erie City School District to examine the data
files.
__________________________________
(Signature)
(The penalty for unlawful disclosure is a fine of not more than $250,000 [under 18 U.S.C. 3571] or
imprisonment for not more than 5 years [under 18 U.S.C. 3559], or both. The word "swear" should be stricken
out wherever it appears when a person elects to affirm the affidavit rather than to swear to it.)
State of _________________________
County of ________________________
Subscribed and sworn/affirmed before me, _____________________________, a Notary Public in and for
________________________County, State of ____________________________, on this date,
_______________.
___________________________________________Notary Public
My commission expires: ____________________________________.
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APPENDIX D
IRB Approval
Please see attachment, Appendix D-IRB
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