Curriculum Associates (i-Ready) 2021

Colchester Public Schools

 

 

 

CONTRACT
In compliance with P.A. 16-189, An Act Concerning Student Data Privacy
AGREEMENT
Curriculum Associates, LLC (i-Ready)
And

The Colchester Board of Education

This Agreement (“Agreement”) is entered into as of June 15, 2021 between the Colchester
Board of Education (the “Board”) and Curriculum Associates, LLC (i-Ready ) (“Contractor”)
(collectively, the ’Parties”) for the 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 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):

Oo Medical consultation

O Special education consultation or audit

oO Academic‘ program consultation or audit (non-special education)

0 Behavior intervention/Positive behavior intervention supports consultation or

audit Information technology consultation or audit

Xx 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
under the control of the Board. All student data are not the property of, or under

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Article IV.

the control of, the Contractor. For the avoidance of doubt, student data does not
include de-identified student information. Such de-identified data may be used by
Contractor as permitted by federal and state law.

The Board may provide written request for 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 thirty
(30) 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 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.

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.

Article V.

A.

SG 10012827v.1

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 a manner consistent with 45 C.F.R. 164.312;

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

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 law.

The Contractor shall not retain, and the Board shall not otherwise make available,
any student data upon expiration of the contract between the Contractor and the
Board, except a student, parent or legal guardian of a student may choose to
independently establish or maintain an electronic account with the Contractor after
the expiration of such contract for the purpose of storing student-generated
content, if the Contractor offers this service. of the Contractor may retain backups
of student data, which shall not be accessed by the Contractor and shall be deleted
automatically over time in accordance with Contractor's data retention and
destruction policies.

 


Article VI.

A.

SG 10012827v.1

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 promptly, but no later than five (5) 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
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 or equity,
as long as the successor operator continues to be subject to the provisions of this
Agreement.

Data Breaches

Upon the discovery by the Contractor of a 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 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 a 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 of the breach; and
measures taken to ensure that such a breach does not occur in the future.

Cc. 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.


Article Vil. | 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 by the laws of the State of Connecticut.
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 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 the
Contractor is no longer has access to or is in possession of student data.

Colchester Board of Education

/) :
by b V4 LA i 6/15/2021

Jeffrey Date

Ye te. nd of Schools

Company: Curriculum Associates, LLC (i-Ready)

by DD JP 2 LOL. 7/26/2021

Print Name: Robert Waldron Date

 

Title: Chief Executive Officer

SG 10012827v.1