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This document is a supplement to the Privacy and Security of Student Data in Education Data Portal (EDP) FAQ , and provides more detailed information on this topic. Overview of New York City Department of Education’s participation in the New York State Education Department’s Education Data Portal projectCurrently, New York City educators and families access student data through the NYC Department of Education’s Achievement Reporting and Innovation System (ARIS). As part of its Race to the Top grant, the State Education Department (NYSED) is building a similar tool called the Education Data Portal. Unlike ARIS, which pulls data from its own unique database, the Education Data Portal will pull data from inBloom, a nonprofit organization that is producing data infrastructure according to a set of data standards. When the Education Data Portal tools are ready over the next year or so, NYSED will make them available to educators and families in place of ARIS. The EDP will enable teachers and parents to continue to access a similar set of tools, and possibly additional tools, at lower cost. Currently, when a district or group of schools wants to use online data tools, they have to pay the vendor selling the tools to customize their tools to fit the way their local data systems are organized. Every district or group of schools organizes its data differently - so each one has to pay not just for the cost of using the software, but also for extra setup costs to make the data flow into the tool. This setup work is complex, labor intensive, and expensive - and this explains much of the high cost of online data tools, including for NYC’s current system, ARIS. The reason that NYSED is using inBloom for its new tools is that inBloom is producing data infrastructure according to a pre-defined set of data standards. Companies offering data tools can build their tools to meet this standard. States or districts can pay once to store their data according to this standard - and they won’t have to pay each vendor offering a data tool again and again to customize their tool to accept their own unique data setup. . The reason that NYC is planning to use NYSED’s Education Data Portal is that we expect it to provide a similar set of tools to what we currently have in ARIS, at a lower cost, because of the common set of data standards in inBloom and also because the State is funding it using their Race to the Top grant. Moving forward, NYC may use inBloom for other tools, but right now the NYSED’s Education Data Portal project is the only project that we are working on related to inBloom. Data privacy and securityThe federal Family Educational Rights and Privacy Act (FERPA) defines required protections for student educational records. As we begin to use NYSED’s data portal connected to inBloom, the New York City Department of Education will continue to manage all student data consistent with FERPA requirements, as we have in the past. Though the technology is changing, our responsibility to ensure privacy and security of student records consistent with FERPA is not changing. Currently, the DOE contracts with a number of vendors to provide online data tools to educators and families. For example, we have a contract for ARIS, our current data system for educators and families. Our vendor for ARIS is required to secure student data consistent with FERPA. Over the five to six years we’ve been using this system, the security provisions we have in place have worked. As we approach transitioning to new tools connected to inBloom, the same protections will remain in place. Consistent with FERPA, the NYCDOE will continue to set the privacy and security policies that govern how the data are protected, including who has access to it and for what purposes. If commercial vendors are hired to develop applications that use the inBloom data system, their contracts will continue to require FERPA compliance and they will be subject to an annual review to ensure security measures are followed.Clarifications With inBloom, no commercial vendor will ever be able to access student data unless the district or state contracts with that vendor to provide a tool to educators or families in the district or state. So, the only way a third party vendor will have access to student data in inBloom is if New York State or New York City contracts with that vendor to provide a tool. With inBloom, as in the past, no company or commercial vendor will be able to use student data for any purpose other than the one outlined in its contract. If a district or state requests services that require vendors to access student data through a contract, the data can be used only for the contracted purpose. Vendors cannot access student data to develop or market “learning products” for their own benefit - vendors can only access student data to deliver to the district or the city the tools outlined in the contract. For example, if the state chose to provide an online gradebook tool to schools for teachers to communicate with families about students’ class grades, the vendor for the gradebook tool could pull in students’ class grades in order to put them into the system for parents and teachers to see. The vendor could not use the class grades data to develop new tools outside the contract, or for any other purpose other than to provide the contracted services. And, no vendor other than the contracted one or its subcontractors would have access to the data. Neither inBloom nor any vendors can sell confidential student data or disclose it to an unauthorized party. Re-disclosure of student data to other parties not authorized in the contract is prohibited. Data will never be sold and student data will never become the property of inBloom. New York City and New York State continue to be fully responsible for managing and controlling access to student data.Although data will be stored through shared services – consistent with FERPA, other federal standards, and the legal agreement between NYSED and inBloom – data are never combined across states. In other words, inBloom does not and will not create or maintain a national student database. No third party may access student data stored at inBloom for any purpose unless specifically authorized by a school district or the State consistent with FERPA. Even if so authorized, student data may be accessed by third parties only to the extent necessary to meet the requirements of their contract. Data will never be provided to non-authorized parties and will never be sold or used for any other purpose. Data must be deleted and destroyed once they are no longer needed to provide contracted services.Strict protections control who can access student data. Educators and school administrators, families, and some central office employees will have access to student data, similar to access to ARIS. NYSED and the NYCDOE have strong measures in place to ensure proper use of student data, including role-based access management, which sets strictly enforced rules regarding which individuals can access certain data. For example, a teacher can only access data for the students in her class, and a principal can only access data for the students in her school.Frequently Asked QuestionsHas New York City student data already been transmitted to inBloom? Yes. NYSED has transmitted student data to inBloom as part of the process of building the Educational Data Portal (EDP) tools. Data security and privacy protections are in place, consistent with FERPA and the legally-binding agreement between NYSED and inBloom. This agreement is posted on the state’s website (). The data that the State has transmitted for the EDP tools is the only New York City student data that has been sent to inBloom. The New York City Department of Education (NYCDOE) has not transmitted any other data to inBloom. What student data has been uploaded to inBloom?According to NYSED, the information that is included in inBloom’s database includes student demographic information; parent contact information (necessary for data security and authorization purposes); student enrollment; program participation; dates of absences, out-of-school suspensions, and course outcomes (necessary for early warning determinations); and State assessment scores. The State has collected these types of data for approximately ten years in order to meet its State and federal compliance and program evaluation mandates, including public reporting of school report cards, school and district accountability determinations, cohort graduation rates, and college- and career-readiness determinations. NYSED does not and will not collect social security numbers. The State is developing a data dictionary describing the data elements that will be included in the EDP. NYSED is planning to post the data dictionary online in June 2013. Additional information about what NYSED will supply to the EDP via inBloom is included in this memo and in the requirements that NYSED shared with vendors responding to its Request for Proposals for the EDP contract. Will the EDP include disability data?Yes. The EDP will provide access only to educational records that are protected by FERPA. Educational records include whether or not a student is entitled to special education, 504, English Language Learner educational services and accommodations. These records will be included only for students who are enrolled in a public school district or public charter school.What additional data will be uploaded to inBloom in the future? NYSED does not have plans to share any information other than the information described above. Over time, NYCDOE could choose to use inBloom for tools for tracking other types of educational records, such as formative assessment and classroom project and assignment results. Have contracts or RFPs been put out to vendors related to this project? How has this information been communicated?The NYCDOE has not put out RFPs or awarded contracts related to inBloom. NYSED has awarded contracts to several vendors for the EDP projects. NYSED has explained the contracts and the data being shared in several public memos and frequently asked questions documents available on their website (). The NYCDOE has also developed a Frequently Asked Questions document on student data privacy and security ().SED has said that districts regularly share student information with vendors; is this true? Yes. NYCDOE contracts with a number of vendors for services that require providing them with personally identifiable information. This information is always protected within the contract and aligned to FERPA. For example:Busing companies receive a limited subset of data for special education students who require pick up from their homes. The bus companies receive the student’s name, home address, and other contact information about the student needed to provide the required services (e.g., if the student is non-ambulatory and needs to be transported in a wheelchair). CTB McGraw Hill, a vendor that provides formative assessment tools to teachers, receives student data including student ID, student first name, student last name, school location code, name and network, grade level, class, date of birth, demographic information, and indicators of Individualized Education Plan and English Language Learner status. This information is provided so that the company can upload it into the online tools teachers use to view and analyze students’ results on formative assessments. Whenever NYCDOE provides student data to a vendor, protections are in place to ensure data privacy and security consistent with FERPA.Why do vendors need personally identifiable student data?? Vendors are not permitted to use student data to develop and market their products. However, to deliver the services outlined in their contracts – providing data tools to New York teachers and families through their tools – they are permitted access to the data within the constraints of their contracts. No company or commercial vendor is permitted to use student data for any purpose other than the one outlined in its contract.Can parents opt out of having their child’s data provided to inBloom and displayed in the EDP? According to State guidelines, there is no formal provision for parents to opt their children out of inBloom. The student data available in the EDP are needed for educators and administrators to support instructional planning. Looking at student data helps teachers understand individual students’ areas of strength and need, and supports teachers in tailoring instruction and resources to better serve their students and accelerate student progress and achievement. The NYCDOE and NYSED have strong measures in place to protect student privacy and ensure data security.What section of FERPA permits districts to provide student information to vendors?There are two provisions in FERPA that permit this. First, there is a provision that permits districts to contract with vendors to perform functions that would otherwise be performed by district staff. Second, there is a provision that permits districts to contract with vendors to perform program evaluation functions. See sections 99.31(a)(1) and (a)(3), and 99.35 of FERPA.How much money will this cost NYC? How much has DOE spent so far?In 2013-14 and 2014-15 the EDP will be funded through the State’s Race to the Top grant, so there are no direct costs for the NYCDOE. After 2015, NYC can choose to continue to pay for the data infrastructure and tools through direct contracts with the vendors. The NYCDOE has not spent any funds on this project at this point. In November 2012 the Bill and Melinda Gates foundation awarded a grant of $1.8 million to the Fund for Public Schools. How is this money being used?The grant was awarded to create professional development content that supports teachers with the implementation of Common Core-aligned instruction and to explore ways in which this content can be delivered to teachers using innovative methods, blending online and face-to-face professional development. Our blended learning approach will take advantage of existing and emerging technologies to ensure maximum reach and greater impact on student learning.inBloom will start charging for its services in 2015. Who will be responsible for paying these fees, and how much will it cost annually? 2015 costs for inBloom and the NYSED education data portal tools are still being determined. We expect the state to cover some portion of the cost and the city to cover some portion of the cost. We currently pay for ARIS, and expect costs for these tools moving forward to be lower. Was the data of NYC charter schools transmitted? Yes. What contractual protections are in place in NYSED’s contract to ensure student data privacy and security? Who will be held financially responsible if there is a breach?NYSED’s contract with inBloom includes student data privacy and security protections and responsibilities; this contractis posted at . NYSED has required that data stored with inBloom be encrypted while in storage and encrypted during any transfer. In the unlikely event of a data breach, these doubly-protected data would remain encrypted and unreadable to anyone without access to the de-encryption key. NYSED has also required that all cloud storage comply with the federal FedRAMP security standards (). NYSED is responsible for any breach and for managing the follow up with affected parties. Vendors would be responsible for financial penalties.Which companies are involved in the Education Data Portal project?Public Consulting Group (PCG) has a contract with NYSED to build the EDP’s single sign-on portal, data dashboard selection tool for districts, and content management system, and to provide ongoing maintenance services for NYSED for the term of its contract. In addition, PCG will provide help desk support and professional development training for educators. ConnectEDU (including their subcontractor CaseNex/Datacation), eScholar, and NCS Pearson/Schoolnet have separate contracts with NYSED to develop and provide data dashboards for educators, students, and their families. These contracts ensure compliance with NYSED’s requirements and data security and privacy standards. School districts will be able to select the dashboard product that best meets their local needs and would enter into an agreement containing the provisions in the state’s contract directly with the district’s selected dashboard provider.NYSED is retaining independent project monitoring and quality assurance services to ensure that the project meets all State and federal requirements and data security and privacy standards. NYSED has contracted for this purpose with the non-profit organization New York State Technology Enterprise Corporation (NYSTEC).Where can parents find more information about this project and student data privacy?NYSED has engaged the Board of Regents and put out communications to educators and families regarding the EDP and student data privacy. NYCDOE shared an FAQ on the parent website and will do more public presentations and trainings as tools and other resources become available on the EDP. NYSED has indicated that tools will be available to teacher, parents, and students next winter/spring. The NYCDOE FAQ can be found here and the NYSED FAQ can be found here. ................
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