Oklahoma State Department of Education

Multiparty Data Sharing Agreement

This Multi-Party Data Sharing Agreement (hereafter “Data Sharing Agreement” or “DSA”) is entered into by and among: 1) the State of Oklahoma ex rel., Oklahoma State Department of Education, 2500 N Lincoln Blvd, Oklahoma City, OK 73105, (hereafter “OSDE”); 2) Public Consulting Group LLC, 148 State Street, Boston MA 02109 (“PCG”); 3) , Oklahoma School District, (hereafter, “District”) and 4) Amira Learning, Inc., (hereafter “Amira”), 5214F Diamond Heights Blvd #3255, San Francisco, CA 94131. OSDE, District, PCG, and Amira may be referred to collectively as the “Parties” or individually a “Party.”

WHEREAS, Amira entered into an agreement to provides assessments to students in school districts in Oklahoma, including the below signed district, that are governed by OSDE (the “OSDE Districts”);

WHEREAS, OSDE and PCG entered into an agreement dated September 8, 2020 and bearing PO#: 2659019714, which was amended to provide EDPlan MTSS in August 2023. (collectively, the “Agreement”);

WHEREAS, for sake of administrative ease to complete the services set forth in the Agreement, OSDE and the District would like Amira to provide the assessment data obtained from the OSDE Districts directly to PCG as set forth in Attachment A;

WHEREAS, the assessment data to be exchanged under this DSA contains confidential student information (“Student Data”) that must be protected;

NOT THEREFORE, OSDE, PCG, District, and Amira agree to the terms and conditions set forth in this Data Sharing Agreement to establish the exchange of Student Data between Amira and PCG.

1. DATA EXCHANGE

Amira, with the approval of the school district shall provide the Student Data to PCG, as outlined in Attachment

2. REATMENT OF CONFIDENTIAL STUDENT DATA

 

2.1 Confidential Student Data

PCG’s services under the Agreement requires access to Student Data in the possession, custody, or control of school district which may contain confidential personally identifiable information (“PII”) from OSDE education and the District. PCG and Amira agree to comply with all state and federal laws relating to student data and privacy, including the Family Educational Rights and Privacy Act, (20 U.S.C § 1232g; 34 CFR Part 99) (“FERPA”) and the Oklahoma Student Data Accessibility, Transparency, and Accountability Act of 2013, (Title 70 O.S. § 3-168).

2.2 Use and Limitations on Confidential Student Data

Confidential Student Data released to PCG from Amira will be limited to data points specifically listed in Attachment A. If PCG determines that there is a legitimate need to receive or access additional data from School District and that such data is necessary to perform PCG’s duties under the Agreement, PCG shall submit a written request to the District, Amira and OSDE detailing the data needed and state the purpose of the disclosure. If the School District and OSDE determines that access is necessary and appropriate, this Data Sharing Agreement may be modified in accordance with the request. No additional data shall be provided until the DSA is modified to reflect the additional data disclosures.

PCG and Amira will safeguard the confidentiality and integrity of all data received pursuant to this DSA, place limitations on its use, and maintain compliance with all applicable privacy laws. PCG and Amira shall establish appropriate administrative, technical, and physical safeguards to ensure the security and confidentiality of all Student Data exchanged under this DSA.

Student information from education records cannot be published in a way that would allow individual students or their parents to be identified. Any reports or published information that is a result of or derived from confidential student data containing PII provided under this Data Sharing Agreement shall not allow individuals to be directly or indirectly identified and shall contain no individual student level data. Any published results must be presented in a manner which protects the privacy and confidentiality of students. No report of aggregate data based on an identifiable group of students fewer than ten (10) in number shall be released to anyone other than the OSDE.

The OSDE shall be provided the opportunity to review all results, findings, or data the research produced under this agreement at least thirty (30) days prior to release or publication. OSDE reserves the right to receive a final copy of any research or reports and post that on OSDE’s public facing website. OSDE reserves the right to distribute and otherwise use the final report and associated documents as it wishes, in sum or in part. At the request of OSDE, PCG may be asked to present its research and results to OSDE staff or engage with OSDE in other ways to use the research to benefit OSDE’s research priorities.

PCG shall require all staff to comply with the data security and confidentiality provisions set forth in this DSA. Only those PCG employees who are directly involved in performing tasks as set forth in the underlying Agreement and who have a legitimate interest in providing services under that Agreement shall be entitled to access Student Data under this DSA. PCG and Amira shall take steps to maintain the confidentiality of student information from education records.

Nothing in this Data Sharing Agreement constitutes a release of student-level data for PCG or Amira’s discretionary use. Access to (or disclosure of) confidential Student Data contained in education records pursuant to the terms of this Agreement shall not constitute an assignment of ownership of the information provided. OSDE retains all ownership rights to the data transferred pursuant to this DSA, and neither PCG nor Amira shall obtain any right, title, or interest in any of the data shared under this Data Sharing Agreement.

Data transferred pursuant to this Data Sharing Agreement may only be used to carry out PCG’s responsibilities as set forth in the underlying Agreement. Any unauthorized use of the data files beyond the terms specified in the DSA and underlying Agreement is not permitted.

In the event the DSA requires PCG and/or Amira to store, process or transfer Student Data, PCG and Amira shall store, process, and transfer Student Data only in or to facilities located within the United States.

The data provided are the best and most complete available. The OSDE and the District do not ensure 100% accuracy of all records and fields. Some data fields, including those that are not used, may contain incorrect or incomplete data. The Parties will report any systematic problems with the data to the OSDE and the District.

2. 3. Required Disclosures

OSDE and the School District shall be notified immediately if PCG or Amira receives a request for the Student Data. If PCG or Amira becomes legally compelled to disclose any Confidential Student Data (whether by judicial or administrative order, applicable law, rule, or regulation, or otherwise) then PCG shall use all reasonable efforts to provide the School District and OSDE with prior notice before disclosure so that School District and OSDE may seek a protective order or other appropriate remedy to prevent the disclosure. If a protective order or other remedy is not obtained prior to when any legally compelled disclosure is required, PCG or Amira shall only disclose that portion of the Confidential Student Data that the Party is legally required to disclose.

2.4 Security Measures/Electronic Transmission

PCG and Amira shall use reasonable physical, administrative, and technical safeguards, including software-based security measures, commonly used in the electronic data interchange field, to protect any Confidential Student Data, PII or health care information sent by or received under this DSA. The Parties shall mutually agree upon the format of data transmitted subject to this Agreement. PCG and Amira shall implement and comply with, and shall not attempt to circumvent, bypass, or disclose the School District’s and OSDE’s procedures for the use of the electronic method of Confidential Student Data, PII or health care information transmission.

All computer systems (hardware and software applications) used to maintain and transfer Student Data under this DSA shall be properly secured and maintained. This includes ensuring all security patches, upgrades, and anti-virus updates are applied as appropriate.

2.5 Requirements in the Event of a Breach

PCG and Amira agree that they each are obliged to immediately notify the OSDE and the District if there is any unauthorized access, disclosure, transfer, acquisition, provision, release or breach to the Student Data exchanged under this DSA and shall take reasonable steps to mitigate any breach. In the event a breach occurs, the Party who experienced the breach will take reasonable steps and implement corrective procedures to ensure that further breaches do not occur. The Party who experienced the breach shall also promptly furnish to OSDE and the School District full details of the unauthorized use, appropriation, sale, assignment, conveyance, provision, release, access, acquisition, disclosure or other dissemination, or attempt thereof, and use its best efforts to assist OSDE and the School District in investigating or preventing the recurrence of such event in the future.

PCG and Amira shall cooperate with the OSDE and the School District in connection with any litigation and investigation deemed necessary by the OSDE and the School District to protect any State or citizen data and records, and shall bear all costs associated with the investigation, response and recovery in connection with any breach of State or citizen data or records including but not limited to credit monitoring services with a term of at least three (3) years, all notice-related costs and toll free telephone call center services.

The OSDE shall have the right to participate in the investigation of any incidents and/or request PCG and Amira provide OSDE with a written report of the incident including detailed results of the investigation, chronology of events, scope and extent of the incident, corrective action taken, names and contact information of all personnel involved.

The OSDE or the School District will immediately terminate this DSA and this agreement shall not be renewed due to the breach of any of the terms and conditions of the data security and confidentiality provisions set forth herein by PCG or Amira and OSDE and the School District may revoke any other existing DSA’s or agreements with PCG or Amira.

The OSDE and the School District may seek monetary, restitutive, and punitive damages against any Party who breaches the terms and conditions of this DSA as allowed by law.

Upon notification of a breach in the terms and conditions of the data security and confidentiality provisions set forth herein, the OSDE and the School District will not permit the release any additional Confidential Student Data and Amira will not be authorized to release any such records to PCG until corrective procedures have been implemented to ensure further breaches do not occur.

2.6. Use of Subcontractors

If PCG determines that it is necessary to employ a contractor or subcontractor to fulfill contractual obligations under the Agreement, PCG shall ensure, by written agreement, that any contractor or subcontractor it employees remains in compliance with FERPA, (20 USC § 1232g; 34 CFR Part 99), and the Oklahoma Student Data Accessibility, Transparency, and Accountability Act of 2013 (Title 70 O.S. § 3-168). OSDE shall enter into a Data Sharing Agreement with any contractor or subcontractor employed by PCG prior to the release of any student data or personally identifiable information.

2.7 Destruction of Data

Upon completion of the services detailed in the underlying Agreement or upon termination of this DSA, PCG shall within thirty (30) days destroy all PII that was disclosed under this DSA. Within ten (10) days of destruction, PCG and Amira shall provide written notification to the OSDE of the date and method of destruction of these records.

PCG and Amira shall permit the OSDE, at the OSDE’s cost and upon written reasonable request, to conduct an audit to confirm compliance with this DSA and other monitoring of PCG’s or Amira’s policies, procedures, and systems. OSDE may seek written assurances from PCG or Amira that all provided data under this DSA is properly handled to ensure that Confidential Student Data is not at risk or has not been re-disclosed or released, in violation of this DSA.

3. AGREEMENT DURATION

This DSA shall be in effect upon the completion of all signatures below. It shall remain in effect for the duration of the underlying Agreement unless earlier terminated by one of the Parties. This Data Sharing Agreement may be amended by mutual agreement of all Parties.

4. SUPPLEMENTAL AGREEMENT/CONFLICT IN TERMS

This DSA is intended to supplement the Agreement between OSDE and PCG and any existing agreement instrument between OSDE and/or the District on the one hand and Amira on the other. It permits Amira to share OSDE Student Data with PCG. This DSA contains the full understanding and agreement of the Parties regarding the exchange of data as set forth herein and may not be altered or amended except by written agreement signed by the Parties. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in the DSA. The obligations of the Parties under their pre-existing

Any Party may initiate a request to amend this DSA. Request for any amendment must be made in good faith and in compliance with Family Educational Rights and Privacy Act (FERPA), 20 U.S.C § 1232g; 34 CFR Part 99; Drug-Free Workplace Act of 1988; 1964 Civil Rights Act, Title IX of the Education Amendment of 1972; Section 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; Anti-lobbying Law at 31 U.S.C. § 1325; and the Oklahoma Student Data Accessibility, Transparency, and Accountability Act of 2013, Title 70 O.S. § 3-168; and all other applicable laws. All such amendments shall be in writing, dated, signed by the Parties, and identified as an amendment.

This DSA is not intended to supersede any pre-existing agreement between any Party.

5. EXECUTION BY COUNTERPARTS

This DSA may be executed in any number of counterparts by facsimile, electronic, scanned or digital signature and when executed so it shall be deemed an original signature.

The counterparts of this DSA and all ancillary documents may be executed and delivered by facsimile or other electronic signature by any of the Parties to any other Party and the receiving Party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received.

6. EFFECTIVE DATE

This DSA shall be effective upon execution by the date of the last signatory.

7. OPEN RECORDS ACT

PCG and Amira acknowledge that OSDE and all State agencies are subject to the Oklahoma Open Records Act set forth at 51 O.S. §24A.1 et seq. PCG and Amira also acknowledge that compliance with the Oklahoma Open Records Act and all opinions of the Oklahoma Attorney General concerning the Act is required.

8. FAILURE TO ENFORCE

Failure of any Party to enforce a provision of, or exercise a right under the DSA shall not be construed as a waiver of any such provision. Such failure to enforce or exercise such right shall not affect the validity of any provision, or any part thereof, or the right of any Party to enforce any provision of, or exercise any right under the DSA at any time in accordance with its terms. Likewise, a waiver of a breach of any provision of the DSA shall not affect or waive a subsequent breach of the same provision or a breach of any other provision in the DSA. 

9. MUTUAL RESPONSIBILITIES

 

9.1 No Party to the DSA grants the other the right to use any trademarks, trade names, other designations in any promotion or publication without the express written consent by the other Party. 

 

9.2 The DSA is a non-exclusive Agreement, and each Party is free to enter into similar agreements with others. 

 

9.3 The Parties each grant the other only the data elements and rights specified in the Agreement and all other rights and interests are expressly reserved. 

 

9.4 The Parties shall reasonably cooperate with each other.

 

9.5 Except as otherwise set forth herein, where approval, acceptance, consent, or similar action by a Party is required under the DSA, such action shall not be unreasonably delayed or withheld. 

 

9.6 Notwithstanding any provision in the DSA, the Data Sharing Agreement is entered into subject to the Oklahoma’s Constitution, statutes, common law, regulations, and the doctrine of sovereign immunity, none of which are waived by the State nor any other right or defense available to the State. 

 

10. Applicable Law.

This DSA, and all other aspects of the business relationship between the Parties, is construed, interpreted, and enforced under and in accordance with the laws of the State of Oklahoma, without regard to choice of law provisions. All claims, disputes, and lawsuits arising out of or in connection with this Agreement shall be resolved or adjudicated in Oklahoma County, Oklahoma.

11. Interpretation.

The Parties agree that the terms of this DSA result from negotiations between them. This DSA will not be construed in favor of or against any Party by reason of authorship.

12. Force Majeure.

No Party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power, or other acts or causes reasonably beyond the control of that party. The Party experiencing the force majeure event agrees to give the other Parties notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

13. Authority.

Each Party represents that it has the authority to enter into this DSA; and that the individual signing this DSA on its behalf is authorized to do so.

Attachment A

Pursuant to the terms of the DSA, Amira shall provide the following Student Data to OSDE and PCG.

1. Student Data

Universal screener data in the areas of literacy and math three times per school year (fall/winter/spring).

2. Format of Data

The Parties agree that Amira shall provide the Student Data to OSDE and PCG in the following format:

Field Names and Descriptions:

Column No.	Field Name	Field Description
1	StudentCode	Local SIS Student ID.
2	Assessment	Name or Code of the Assessment.
3	AssessmentDate	Date of the Assessment.
4	SubjectDomain	Name or Code of the Subtest or Measure (if applicable) Examples include: Reading Math Letter Naming Fluency Oral Reading Fluency CBM Etc…
5	ScoreType	Each unique ScoreType should be included in its own row. Examples include: Score Percentile Items Correct Etc.
6	ScoreValue	Value of the score to be stored. Each unique ScoreValue should be included in its own row.
7	DistrictCode	The district code in which the student resides.
8	ExcludeFromIEP	Set this field to ‘1’

 

Example file format:

StudentCode	Assessment	AssessmentDate	SubjectDomain	ScoreType	ScoreValue	DistrictCode	ExcludeFromIEP
123456	Sample Assessment 1	3/25/2024	Reading	Percentile	75	54321	1
123456	Sample Assessment 1	3/25/2024	Reading	Items Correct	27	54321	1
234567	Sample Assessment 1	3/25/2024	Reading	Percentile	60	54321	1
234567	Sample Assessment 1	3/25/2024	Reading	Items Correct	21	54321	1
234567	Sample Assessment 1	3/25/2024	Letter Naming Fluency	Percentile	59	54321	1
345678	Sample Assessment 2	3/27/2024	Math	Percentile	77	65432	1
345678	Sample Assessment 2	3/27/2024	Math	Score	33	65432	1