Agreement for Contractor to access Clover Park School District Data for the 2017-18 school year
This agreement is made by and between (“Contractor”) and Clover Park School District (“CPSD”). Contractor and CPSD (“Parties”) agree as follows:
- Contractor will not normally have access to, collect, or otherwise utilize student data from CPSD students as a part of their contract with the district. When agencies need access to student data their contract should explicitly reference this need and assure the confidentiality of data in accordance with CPSD policy and state and federal law.
- CPSD may provide access to email and student systems to Contractor under agency contracts, or personal services contracts, for the purpose of fulfilling the job duties of the contracted position. CPSD will be the sole determiner that the Contractor has a legitimate educational, operational or safety interest.
- Contractor shall comply with all of the requirements of the federal Family Educational Rights and Privacy Act ("FERPA") (20 U.S.C. 12329) and the regulations adopted there under (34 C.F.R 99) which address disclosure to third parties of student data, together with state of Washington RCW 28A.604, and all other applicable state and federal regulations. In addition, the Contractor agrees to abide by CPSD district Policy 2022 (Electronic Resources) and Procedures 2022-P1 and 2022 P2 (Acceptable Use Standards).
- A Contractor collecting data represents that it maintains appropriate data security measures, including a written information security policy, to protect this data consistent with all applicable state and federal laws and regulations.
- Contractor shall use CPSD data only for the specific purpose of performing the duties of the specific position for which they are hired and as described in the CPSD job description for that position.
- Contractor shall hold CPSD harmless, defend and indemnify CPSD, its officers, and employees, from any claim, cause of action, or losses suffered by CPSD as a result of an intentional or negligent act or omission of Contractor, or Contractor's failure to comply with this Agreement.
Further, to protect the privacy of CPSD data, the Contractor will, for so long as it accesses email and student information:
- maintain the confidentiality of information as set forth in this Agreement;
- store no CPSD district data on mobile, personal or other devices other than district computers located at the work site;
- implement appropriate administrative, technical and physical safeguards designed to ensure the security or integrity of CPSD information and protect against unauthorized access to or use of CPSD data; and
- at the termination of the agreement, securely and permanently destroy all CPSD or student data in its possession, and all paper and electronic copies thereof, upon the written request by CPSD.
Access to CPSD student data will be limited solely to the individuals whose names and addresses appear on the attached Exhibit A. Contractor access to CPSD student data will follow the district's standard security practice for that position to which that Contractor has been appointed.
CPSD Director Recommendation and Signature
CPSD Council Member Signature
Exhibit A - to be filed in the Information Technology Department