Notes |
Texas College Bridge | Phase I Summer 2020 | Participation, Data Sharing, Requirements Agreement 1
Texas College Bridge: PARTICIPATION, DATA SHARING, & REQUIREMENTS
AGREEMENT
Phase 1: Summer 2020 Application for Texas College Bridge
School District: __________________________________ Date: _____________
This Participation, Data Sharing and Requirements Agreement (“Agreement”) is entered into by
the above named School District in order to participate in the TEA’s Texas College Bridge
program (“Program”) to aid and assist school distircts suporting 2020 high school graduates to
demonstrate college readiness prior to enrolling in college for the Fall of 2020. The Program is
authorized by the Texas Education Agency, facilitated by Commit!2Dallas (“COMMIT”) in
coordination with providers GreenLight Credentials, LLC and the NROC Project (GreenLight and
NROC are hereinafter the “Providers”). This Agreement is necessary to deliver coursework and
resources to students and teachers consistent with the Program, including: coursework, teacher
training, enrollment process, evaluation, and an academic records processing system that tracks
and confers credits from coursework with the Providers. To complete the work required under the
Agreement, the Program requires that the Providers have access to School District data. This
Agreement is supplementary to any existing data sharing agreement or other related agreement
between the School District and entities described above.
As part of the Program, students will set-up a Texas College Bridge locker via GreenLight to store
and manage their college readiness evidence to share with colleges at their direction. Students
who did not test college ready in English and/or Math will be able to participate in and complete
a personalized online program to demonstrate college readiness in the subject at issue.
School District seeks to participate and agrees to the following terms and conditions for
participation in the Program and entering into this Agreement:
___Section 1: Data Sharing
___Section 2: Program Requirements
___Section 3: NROC Membership
By checking the above boxes and signing on this page, you are signing this Agreement and
represent that you have authorization to do so on behalf of your School District and agree to the
terms in each of the sections above identified and detailed below.
____________________________Independent School District:
Signature ____________________________
Printed Name _________________________
Title: ________________________________
Date: _________, 2020
Texas College Bridge | Phase I Summer 2020 | Participation, Data Sharing, Requirements Agreement 2
Section 1: Data Sharing
1) School District acknowledges that employee information must be shared in compliance with all
applicable laws and regulations, including, but not limited to, the Texas Education Code, Section
21.355 and Texas Government Code, Section 552.117.
2) Any release of personally identifiable information of students must be in compliance with the
requirements of the Family Educational Rights and Privacy Act (FERPA) and will be delivered to
Providers solely to enable School District’s students and teachers to participate in the Texas
College Bridge program.
3) FERPA permits the disclosure of personally identifiable information of students to school
officials with legitimate educational interests in students’ education records. The term “school
official” includes contractors, consultants, volunteers, or other parties to whom the school district
has outsourced educational or institutional services, or where the outside party —
(1)Performs a school district service or function for which the School District
would otherwise use employees;
(2) Is under the direct control of the School District with respect to the use and
maintenance of education records; and
(3) Is subject to the requirements governing the use and redisclosure of personally
identifiable information form education records. 20 U.S.C. 1232g(b)(1)(A).
The School District designates the Providers, as well as the Texas Education Agency (and each of
their respective authorized representatives) each as a “school official” with legimate educational
interests in students’ education records provided pursuant to this Agreement and relating to
participating in the Program.
4) Student Confidentiality. The School District has a legal obligation to maintain the confidentiality
and privacy of student records in accordance with applicable law and regulations, specifically
FERPA. The Providers each acknowledge that they must comply with said law and regulations
and safeguard student information. Other than to support the Texas College Bridge Program
purposes and requirements, the Providers may not re-disclose the information to a third party
without prior written consent from the School District and/or the parent or eligible student.
Providers are expressly authorized to share aggregate Program data (not containing any personally
identifiable information) with COMMIT, TEA, Texas Higher Education Coordinating Board
(THECB), and Region 10 ESC. Providers are authorized to share all other student data with TEA.
Education records disclosed pursuant to this Agreement will be destroyed consistent with FERPA
and the terms of this Agreement by permanently and irreversibly removing any personal identifiers
from the records rendering the information no longer personally identifiable or usable. Providers
must provide the School District with evidence of the destruction of the records in compliance
with this Agreement. The parties may agree to amend the Agreement to extend the time period if
needed, but the Agreement must be in writing and include a time limit. Data associated with
students’ accounts and subject to GreenLight’s or NROC’s separate Term of Use and Privacy
agreements will be controlled by students consistent with FERPA and any applicable Texas
consumer protection laws and other agreements between students and Providers.
Texas College Bridge | Phase I Summer 2020 | Participation, Data Sharing, Requirements Agreement 3
5) Providers may conduct survey of students within the context of the Program and acknowledge
that all student surveys will be in compliance with the requirements of the Protection of Pupil
rights Amendment (PPRA). Since Department of Education funding is used for the Summer
Bridge program, written parental consent will be obtained before surveying a student in accordance
with the PPRA.
6) The disclosure of personally identifiable information from education records under this
Agreement is not an assignment of ownership of the personally identifiable information or
records. The School District retains ownership of all such records. Personally identifiable
information from education records may only be redisclosed pursuant to this Agreement,
with the School District’s permission or otherwise in compliance with FERPA and its
regulations. School District is responsible for securing any parental or eligible student
consent, as needed, but in releasing records to Providers, School District represents that it
has obstained any consent it has determined is necessary.
7) The School District maintains the right to conduct audits or otherwise monitor Providers
receiving personally identifiable information from education records to periodically affirm that
Providers have appropriate policies and procedures in place to protect the personally identifiable
information from education records.
8)The failure to comply with the requirements of FERPA will subject the responsible third party
to all allowable enforcement actions under federal law. In the event that School District data is
compromised and/or released to an unauthorized individual, the Providers must alert the School
District’s point of contact upon notification of the breach as soon as practical. In the event of a
breach, Providers will follow the notification requirements outlined in Texas Business and
Commercial Code, Section 521.053.
9) This Agreement and all of the rights and obligations of the parties hereto and all of the terms
and conditions hereof shall be construed, interpreted and applied in accordance with and governed
by and enforced under the laws of the State of Texas, and the parties hereto agree that venue shall
be in Dallas County, Texas.
By electronically signing below, you are signing this Agreement electronically and represent that
you have authorization to do so on behalf of your School District. You agree your electronic
signature is the legal equivalent of your manual signature on this Agreement and that you consent,
on behalf of School District, to be legally bound by this Agreement and any document referenced
or linked herein as if actually signed by you in writing. You also represent that you are legally
authorized to enter into this Agreement and that no certification authority or other third-party
verification is necessary to validate your electronic signature.
Texas College Bridge | Phase I Summer 2020 | Participation, Data Sharing, Requirements Agreement 4
Section 2: Program Requirements:
Commit2Dallas!, a Texas nonprofit corporation (COMMIT), is the lead organization,
administrator and fiscal agent for the Texas Education Agency’s (TEA) Texas College Bridge
Project (TCB). In support of the TCB, COMMIT is providing School Districts (statewide) with
access to a platform to use in order to enable the secure, simple, instant sharing, and validation of
aggregated student records associated with students participating in the TCB. It is expected that
participating students will use their records for college admissions, internships, and job
applications.
School District desires to participate in the Texas College Bridge program. In order to support the
program, School District acknowledges and commits to the following requirements and terms of
service:
School District Requirements
1. Eligible students from School District will register for the program via GreenLight and will
be seamlessly validated for NROC courses.
2. School District will provide student roster data to GreenLight to facilitate and track student
participation. Data will be sent to GreenLight in the specified CSV format. Academic data
must be sent via TREx format. GreenLight will then generate unique enrollment codes for
each student and send those codes back to the School District to enable student registration
in the TCB program. Students will be able to look up their own enrollment code on the
GreenLightLocker.com website by providing identification attributes. Districts are
responsible and have a positive duty to review and validate data sent to GreenLight for
accuracy and conformance to the schema prior to sending it to GreenLight.
Nonconforming data will not be provisioned on the platform.
3. School District will distribute and deliver enrollment codes to the students.
4. To satisfy admission, scholarship requirements and degree verification services, School
District shall appoint GreenLight as an authorized agent on behalf of the TCB project in
order to send “official transcripts and academic records” to third parties authorized to
receive such documents.
5. To the extent parental consent is required, School District must collect parental consents
prior to a student’s participation the TCB project. It will be assumed that students identified
by School District to participate in the TCB project are eligible to do so. School District
must immediately notify COMMIT if any consents are revoked.
6. School District will coordinate with COMMIT to enable student and teacher participation
in the TCB project.
7. School District authorizes COMMIT and its contractors to share and receive data with
GreenLight, NROC, TEA, and other TCB service providers, subject to the goals and
objectives associated the TCB project.
8. Greenlight Credentials' Terms of Use and Privacy Policy will govern the students and
teachers’ interaction with the GreenLight platform.
Texas College Bridge | Phase I Summer 2020 | Participation, Data Sharing, Requirements Agreement 5
School District and Student Benefits and Services:
9. School District will receive proof of NROC course completion by their students and be
able to access reports on students who have earned certificates or other forms of
documentation illustrating course completion.
10. Students shall have control of their TCB records and those other official records associated
with their GreenLight account.
11. Students records can be instantly verified and matched with educational and work-place
opportunities such as scholarships, internships, certifications and jobs.
12. Educational institutions may receive official program records and instantly verify them.
13. Participating educational institutions can work with scholarship providers and can connect
with and enroll students that have the skills to attend their schools.
14. Employers can instantly verify program records and identify qualified candidates by
matching skills and educational history to open positions.
15. All TCB academic program data will be stored on the GreenLight platform.
16. School District will have access to a dashboard and analytics for reports of student course
completion together with course registration with the program. The dashboard will also
provide aggregate detail with which colleges and universities have received from students
involved in the TCB project.
17. School District will receive certificates earned by students in the TCB program.
18. Remote support will be provided to School District to enable the secure transfer of school
rosters, deploy enrollment codes, and provide operational and technical support.
19. Training will be provided to School District and students through documentation and
videos.
20. Technical support is available from 9am to 5pm Central Time.
21. Daily backup of system, daily backup of data, and 24/7 server monitoring in a dedicated
data center environment.
22. Students will be enabled to store and share their program related data with third parties of
their selection.
Section 3: See Texas College Bridge Phase I NROC Membership Agreement
23. NROC's Terms of Use and Privacy Policy will govern the students and teachers’
interaction with the Texas College Bridge EdReady platform.
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Updated 6/10/20
DEFINITION OF TERMS — THE NROC PROJECT
NROC: The NROC Project (Organization) is a California 501(c)3
organization providing educational content and tools to support education.
LICENSEE: An academic institution such as a public or private school,
school system, district, state department of education, federal department
of education, or non-profit educational institution (sometimes referred to
in the Terms of Use as an Institutional Sponsor) who licenses or accesses
the Texas College Bridge EdReady application for use with their students,
staff and faculty. These institutions are obligated to protect User’s privacy
under the Family Educational Rights & Privacy Act of 1974 (FERPA),
User data may only be used for legitimate educational and evaluation
purposes.
USER: Any individual who accesses any NROC website whether via an
institutional version or public version.
TEXAS COLLEGE BRIDGE EDREADY: An NROC-hosted
application to assess student knowledge and provide access to educational
resources.
NROC ASSETS: NROC LIBRARY: The NROC Library contains two
types of collections which are hosted by NROC and may be available
through the Texas College Bridge EdReady application.
The NROC Permanent Collection refers to all content that is copyrighted
to The NROC Project (NROC), content that has been contributed for
NROC distribution under a permanent license, and content made available
under an "open license" (i.e. Creative Commons, GNU General Public
License). Access to this content shall be available to licensee for the term
defined in their agreement.
The NROC Contributed Collection refers to all content made available
under a Content Distribution Agreement with the copyright owner for a
defined period of time. Access to this content shall be available to licensee
for the period defined in the Content Distribution Agreement, which may
vary by content. Access to this content cannot be guaranteed past the end
date of the Content Distribution Agreement. More information can be
found at. https://nrocnetwork.org/resources/downloads/nroc-collections/.
TERMS OF USE
Texas College Bridge EdReady Grant of Rights: The NROC Project
(the Organization) hereby grants to Licensee the non-exclusive right and
license to make available the Texas College Bridge EdReady application
to Licensee's enrolled students subject to the following restrictions: (a)
Licensee agrees that they will access, store, and utilize all student data
within the application according to institutional regulations and legal
obligations. (b) Organization agrees to store these data on Licensee's
behalf as long as the account remains active. (c) All data generated by the
application shall be the property of the User but the User,
via the EdReady application terms of use
(http://content.nroc.org/license/license.html#ERyourdata), grants the
Licensee (Institutional Sponsor) the right to access, store, and utilize
those data according to institutional regulations and legal obligations.
Privacy. Organization believes that User data privacy rights are
important. The complete NROC User Data Privacy Policy can be found
at http://content.nroc.org/license/license.html#privacy and is incorporated
herein by reference. The complete terms and conditions
(http://content.nroc.org/license/license.html), together with the NROC
Privacy Policy, Digital Millennium Copyright Act (DMCA) Statement,
and such other documents referenced or incorporated therein, constitute
the Terms of Use that govern a User’s use of any NROC-owned sites.
NROC Asset Changes. Organization reserves the right to change, alter,
revise, discontinue or add content to the NROC Assets at any time during
the term of the Agreement.
NROC Asset Disclaimer. Licensee agrees that use of the NROC Assets
is at Licensee's sole risk. Except for the express warranties set forth in the
Warranty section of the Agreement, the NROC Assets are provided "AS
IS" and "WITH ALL FAULTS" and without implied or express warranties
or representations of any kind such as but not limited to uninterrupted use,
accuracy, usefulness, fitness for the intended purpose, free of errors, or
free of viruses or harmful components.
Intellectual Property. All ownership, copyrights, trademarks and other
rights in the NROC Assets ("Intellectual Property") shall belong to the
Organization or its licensors and title to the Intellectual Property shall
remain with the Organization or its licensors. All updates, revisions and
derivatives to the NROC Library developed by the parties shall belong to
the Organization or its licensors. Licensee shall not in any way alter or
remove copyright information from any NROC Asset. Licensee shall
maintain such notices in its sales and marketing materials and
communications that incorporate any portion of the NROC Assets or any
reference to the NROC Assets. If Licensee's use of the Intellectual
Property is improper, Licensee will take all reasonable steps necessary to
resolve such improper use within ten (10) days of receiving written notice
from the Organization. The Organization may reasonably monitor the
quality of Licensee's products and services utilizing the Intellectual
Property under this Agreement.
Warranty. The Organization warrants that it owns and/or has all the
necessary rights to license the NROC Assets to Licensee in accordance
with this Agreement; that it will not assume any contractual obligation that
conflicts with its obligations granted in this Agreement; and that there are
no claims pending or, to the best of the Organization's knowledge,
threatened that relate to the NROC Assets. Except for the foregoing,
Licensee agrees that the NROC Assets are delivered “AS IS” without any
express or implied warranties, including warranties of merchantability or
fitness for a particular purpose. Licensee acknowledges that Organization
does not own or control all content available at our websites and therefore
cannot warrant or guarantee that any product, service, or materials offered
on our websites will be suitable for Licensee or Licensee's enrolled
students. Licensees access and use our websites entirely at their own risk.
Licensee acknowledges and agrees that under no circumstances will
Organization be responsible or liable in any way for any claims, losses,
damages, or injuries of any kind incurred by Licensee as a result of
Licensee's use of or reliance upon any product, service or materials offered
on our websites. The maximum liability of the Organization arising out of
or in connection with any license, use or other employment of any of the
NROC Assets delivered to Licensee under this Agreement, whether such
liability arises from any claim based on breach or repudiation of contract,
warranty, tort or otherwise, shall in no case exceed the actual price paid to
the Organization by Licensee for the NROC Asset whose license, use, or
other employment gives rise to the liability. |