Ignite Reading Data Sharing Agreement
Ignite Reading (the “Institution”) provides virtual services by certified tutors and researches the efficacy of such services to improve reading outcomes for children by leveraging a differentiated reading curriculum, with a goal of children receiving targeted 1:1 instruction for 15 minutes/day, 5 days/week, with a certified reading tutor each day (the “Project”).
Institution has determined that it would be advantageous to the efforts identified above and to the benefit of all parties for Ignite Reading and Ignite Reading tutors, tutoring coaches and other Project participants (the “Ignite Representatives”) to collect and process the data as set forth herein in order to accomplish the purposes of the Project.
The undersigned parties hereby acknowledge that the present agreement is of mutual responsibility, accountability, and interest and set forth the applicable protocols to appropriately protect the confidentiality, integrity and security of student personal information, in compliance with applicable laws and best practices.
Institution and Ignite Reading will cooperate to notify students, parents and guardians of the availability of the Ignite remote tutoring services for students pursuant to the Project.
Ignite Reading will request and collect as provided the following data (“Data”) in connection with the Project:
- Student name, age and grade;
- Student Net Promoter Scores (NPS) and/or other qualitative data about how students are experiencing Ignite Reading;
- Student Free and Reduced Lunch (FRL) information;
- Student race, ethnicity, and home language(s);
- Student information about Individualized Education Plans (IEPs) and/or 504 Plans;
- Institution or district name;
- Program attendance records;
- Third party assessment information the school may collect such as DIBELS data and state testing data (in Grades 3 and above); and
- Ignite Reading-specific curriculum-embedded baseline and progress monitoring assessments and DIBELS benchmarking assessments.
- Audio and video recordings of tutoring sessions
Ignite Reading and the Ignite Reading Representatives will use the Data for the performance of the Project, including for the purposes of providing Project tutoring services; conducting Project-specific training and coaching; monitoring students’ progress; developing the Project curriculum; and may associate or combine other data with the Data collected from the Institution for this purpose, such as aggregate population and demographic data, Institution name, age or grade range of students participating in the Project within the Institution and aggregate metrics associated with Institution and/or similarly-situated institutions. Such data may be provided by the Institution or compiled from publicly available sources. Project-specific training and coaching may be provided by a third party provider through regular evaluation of the audio and video recordings of the tutoring sessions. These recordings will only be accessible by the third party provider via our GoSchoolBox platform with appropriate password access for a limited time before they are archived and then ultimately deleted. The third party provider will comply with FERPA and other state and federal laws regarding confidentiality, and in accordance with Ignite Reading data protection policies. Third party provider staff will be trained in the protection, use, and disclosure requirements governing the use of these tutoring recordings.
Institution Duties and Authority
The Institution represents and warrants that it has the authority to permit Ignite Reading and the Ignite Reading Representatives to access and use Data for the purpose of performing the Project as described in this Agreement.
Compliance with Laws
The parties agree to uphold their responsibilities under laws governing the privacy of educational records and pupil information, to the extent applicable to each party’s participation in the Project pursuant to this Agreement, which could include but is not limited to the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g), the Children’s Online Privacy and Protection Act (“COPPA”), the Protection of Pupil Rights Amendment (“PPRA”), the Student Online Personal Information Protection Act enacted by the California State Legislature (“SOPIPA”), and similar state or federal laws which govern the privacy of student personal information (together, the “Data Privacy Laws”). Nothing in this Agreement may be construed to allow either party to maintain, use, disclose, or share student personal information and/or educational records in a manner not allowed under the Data Privacy Laws.
Compliance with COPPA
To the extent that the Project services are made available to students under the age of 13, Institution authorizes Ignite Reading and the Ignite Reading Representatives to collect Data from such students for the purpose of participating in the Project in accordance with this Agreement. Institution, or a student’s parent or legal guardian may withdraw consent at any time after which time no further Data will be collected from the student by Ignite Reading or Ignite Reading Representatives.
If and to the extent that Ignite Reading Representatives receive any personal information related to an identifiable student that could be deemed part of the student’s educational record pursuant to FERPA, as between Ignite Reading and Institution, Institution owns all right, title and interest to any such educational records and grants to Ignite Reading a non-exclusive, royalty-free, worldwide license to use, transmit, distribute, modify, reproduce, display and store such educational records solely for the purposes enumerated herein. As between Ignite Reading and Institution, any analyses, metrics and reports based on Data, whether in part or in whole, and whether alone or in combination with data from other sources (“Analytical Results”) generated through the Project that are not reasonably capable of being associated with an identifiable student will be owned exclusively by Ignite Reading. Ignite Reading grants to Institution a non-exclusive, royalty-free, perpetual, worldwide license to use, transmit, distribute, modify, reproduce, display, disclose and store any reports or Analytical Results provided by Ignite Reading to Institution for Institution’s internal business purposes including, but without limitation, to analyze and improve Institution’s use of educational products and services and to evaluate student learning outcomes.
Ignite Reading Representatives
Ignite Reading will require the Ignite Reading Representatives to use and protect Data in accordance with the requirements set forth in this Agreement.
Ignite Reading agrees to make no attempt to re-identify Data from which identifying information has been removed. Ignite Reading has implemented technical and procedural safeguards to prevent the re-identification of Data from which identifying information has been removed, and to contractually prohibit any Ignite Reading Representative or other third party to whom it discloses Data from attempting to re-identify such Data. Ignite Reading agrees that if the identity of any individual should be discovered inadvertently, then (a) no use will be made of this information, nor will it be shared with any third party, and (b) the identifying information will be safeguarded or destroyed.
Permitted Data Use
In addition to the permitted uses described in Section Permitted Uses, Ignite Reading and the Ignite Reading Representatives are hereby permitted to use Data for the purpose of: (i) generating Analytical Results; (ii) providing Analytical Results and reports based on such Analytical Results to Institution and others as permitted by this Agreement; and (iii) maintaining, supporting, evaluating, improving, and developing educational sites, services or applications. Ignite Reading agrees it will use Data shared under this Agreement for no purpose other than the efforts described in this Agreement. For clarity and without limitation, neither Ignite Reading nor any of its partners will use Data for the purpose of targeted advertising or to amass a profile of an individual student.
Protection of Personal Information
The parties acknowledge and agree that Ignite Reading and Ignite Reading Representatives may receive information that directly relates to an identifiable student, or which is otherwise protected by FERPA, COPPA or by state data privacy laws, as applicable (“Personal Information”) in the course of the Project. Ignite Reading acknowledges and agrees that Personal Information is subject to, and required to be protected in accordance with, COPPA and FERPA and other similar Data Privacy Laws, and that certain legal protections continue to apply for as long as Ignite Reading maintains such Personal Information. Ignite Reading agrees to maintain the confidentiality of Personal Information and to fulfill its obligations and responsibilities in accordance with the data use and confidentiality provisions and requirements set forth in Section DATA PROTECTION AND USE OF PERSONAL INFORMATION AND EDUCATIONAL RECORDS designed to protect the confidentiality of Personal Information associated with Institution students.
Publication and Presentation of Findings
Ignite Reading may disclose Analytical Results to third parties if such information is presented solely in de-identified and aggregate form, such that the disclosed information does not reasonably identify an individual student.
To the extent that the Analytical Results or other information generated in connection with the Project are made publicly available, such as in peer-reviewed studies, white papers, or documentaries, or otherwise distributed throughout public media channels, information related to the Project will be presented on an anonymized and aggregate basis at the school, grade-level, or by geographic area, and/or on the basis of demographic groups that consist of greater than ten students, such that no individual student could reasonably be identified from such published material, even if such information is combined with other data or information maintained by an Institution participating in the Project or from other data sources.
Analytical Results generated by Institution’s participation in the Project will be provided to Institution. Analytical Results based on data from all participating Institutions may be made available to Institution upon request.
Term and Termination
Duration of the Agreement
This Agreement will be effective for a one (1) year term, which shall automatically renew and extend for consecutive one (1) year terms for up to three (3) years total (collectively, the “Term”). The parties may terminate this Agreement at any time for reasonable cause, effective thirty (30) days from the date of the terminating party’s provision of written notice.
Upon termination, Ignite Reading will cease the collection of Data through the Project on behalf of Institution. Sections Responsibilities, Data Protection and Publication and Presentation of Findings, will continue to apply as long as Ignite Reading maintains Data.
DATA PROTECTION AND USE OF PERSONAL INFORMATION AND EDUCATIONAL RECORDS
The parties may create, collect or receive information that directly relates to an identifiable student, or which is otherwise protected by the Family Educational Rights and Privacy Act (“FERPA”), the Children’s Online Privacy and Protection Act (“COPPA”), and by state data privacy laws, as applicable (“Personal Information”) in the course of the Project. Ignite Reading acknowledges and agrees that Personal Information is subject to, and required to be protected in accordance with, COPPA and FERPA and other similar Data Privacy Laws, and that certain legal protections continue to apply for as long as Ignite Reading maintains such Personal Information. Ignite Reading agrees to maintain the confidentiality of Personal Information and to fulfill its obligations and responsibilities in accordance with the data use and confidentiality provisions and requirements set forth below.
Accordingly, if and to the extent that Ignite Reading collects or receives Personal Information, Ignite Reading agrees to the following:
Ignite Reading agrees to treat Personal Information as confidential and not to share it with third parties other than as described in this Agreement.
Personal Information Disclosure
Ignite Reading will not re-disclose Personal Information to any individual or third party, or permit any individual or third party to access such Personal Information, without the consent of Institution, except to the extent that such access is necessary in connection with the Project and the recipient is contractually bound to maintain the confidentiality of the Personal Information and comply with data protection provisions no less restrictive than those provided in this Agreement. Ignite Reading will be responsible for the actions of any third party to whom Ignite Reading provided access to Personal Information. The parties agree that Ignite Reading may disclose information, including Personal Information, to Project Liaisons for Institution.
Compelled Disclosures; Health and Safety
Ignite Reading reserves the right to disclose confidential or Personal Information if Ignite Reading is legally compelled to do so (whether by judicial or administrative order, applicable law, rule or regulation, or otherwise) or determines that the disclosure is reasonably necessary for security purposes or to protect an individual’s health or safety. Ignite Reading will use all reasonable efforts to provide Institution with a prior written notice before said disclosure in order to allow an opportunity to Institution to seek a protective order or any other appropriate remedy to prevent said disclosure or to ensure Institution compliance with confidentiality requirements set forth in federal or state law.
Ignite Reading will access, use, store, and disclose Personal Information solely as necessary for the purpose of performing its obligations related to the Project and for no other purpose. For clarity and without limitation, Ignite Reading will not use Personal Information for marketing purposes, or to amass a profile of an individual student other than for K-12 educational purposes, or to engage in targeted advertising.
Ignite Reading will implement commercially reasonable administrative, physical and technical safeguards designed to prevent any unauthorized use, access, processing, destruction, loss, alteration, or disclosure of Personal Information. Ignite Reading has policies and procedures in place to limit access to Personal Information to only those employees, contractors or partners and that have a need-to-know basis based on specific job function or role.
Personal Information Destruction
Within forty-five (45) days from the end of Term, or at any time upon Institution’s request, Ignite Reading will de-identify or destroy Personal Information, provided that Ignite Reading will not be required to destroy any de-identified, aggregate or non-personally identifiable information. During the period Ignite Reading maintains any Personal Information, the provisions of this Agreement will continue to apply. Nothing in this Agreement authorizes Ignite Reading or any other partner to maintain Personal Information related to Institution students beyond the time period reasonably needed to complete the Project.