STATE OF TEXAS Division Number: 216 Program Name: IDEA COUNTY OF TRAVIS Org. Code: LegaliFunding Authority: Speed Chart: Payee Name: AvenirEducation Payee ID: 1813850646 ISAS Contract 3723 PO Amendment No. 1 AMENDMENT TO STANDARD CONTRACT BETWEEN TEXAS EDUCATION AGENCY AND AvenirEducation Inc. dba NAME OF CONTRACTOR It is mutually understood and agreed by and between the undersigned contracting parties of the above numbered contract to amend said Contract effective September 1. 2017 as follows: ARTICLE II. PERIOD OF CONTRACT TEA is exercising option to renew Contract 3723 to begin September 1. 2017 to end August 31. 2018. Additionally. the amendment addresses an unanticipated timing issue which would extend the Contract current deliverables to allow for increased participation of districts and regional Education Service Center staff in current contract deliverables. Future renewals are contingent on the Texas Legislature appropriating funds for the project under the same or different terms. ARTICLE PURPOSE OF CONTRACT Contractor shall perform all of the functions and duties set described herein in this Amendment, which are attached hereto and incorporated by reference. The ?Revised Budget? and ?Revised Billing Schedule?. labeled Attachment A and ?Revised Task Plan 8. Task Level Costs?. labeled Attachment B. ARTICLE IV. PAYMENT UNDER CONTRACT TEA shall pay to Contractor by State of Texas warrantis) the amount of 3420.000 for the period 911.1201? - 98012017 and $2,320,410.29 for the period of 1or112017 8l30r'20 for the performance. satisfactory to the TEA. of Contractors functions and duties under the Amendment. Payment to Contractor by TEA will be made in accordance with the attached Fiscal Year 2018 Budget and Task Plan. Contract Amount 32.100.000.00 Amendment Amount 52.320.418.30 Contract Total 54.420.410.30 ARTICLE V. SPECIAL PROVISIONS Attached hereto and incorporated herein by reference are the General Provisions and the Special Provisions indicated below with an beside each: Special Provisions. Program Speci?c Texas Government Code ?2252.901 prohibits the agency into entering into an employment contract. a professional services contract. or a consulting services contract with a former or retired TEA employee before the first anniversary of their last date of regular employment. If TEA enters into a ?professional services" contract with a corporation. ?rm. or other business entity that employs a former or retired employee during the first year of the past employee's departure from the agency. the former or retired employee is restricted from performing services on projects that the employee worked on while employed at TEA. Texas Government Code 5572 [169. CERTAIN EMPLOYMENT FOR FORMER STATE OFFICER OR EMPLOYEE RESTRICTED. A former state of?cer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving a person may not accept employment from that person before the second anniversary of the date the officer's or employee's service or employment with the state agency ceased. Effective 011'01117. the mileage reimbursement rate is 53.5?. The Comptroller's website for travel rules and regulations textravel: tx Receipts must be made available for programmatic or ?nancial audit, by TEA and by others authorized by law or regulation to make such an audit. for a period of not less than seven years. All other terms and conditions of the original contract and amendments remain the same and are incorporated herein as if speci?cally written It is agreed and accepted by a person authorized to bind Contractor that all Terms and Conditions of this Amendment are effective commencing on the above date. Typed Name: Richard Nyankcri, CEO 6 Typed Title: owner Ad'thorized Signature This section reserved for Agency use. I. an authorized of?cial of Agency. hereby certify that this contract is in compliance with the authorizing program statute and applicable regulations and authorize the services to be performed as written above. AGREED and accepted on behalf of Agency this (monthiyear) by a person authorized to bind Agency. Return electronic copy to: TEAContracts?lte-a texasoov Or by mail to: Norma Barrera. Purchasing and Contracts Texas Education Agency 1701 North Congress Avenue, Room 2-125 f! Austin. Texas 78701-1494 Mike Morath Commissioner of Education Special Provisions - Program Speci?c Section K. Texas Education Agency Terms and Conditions The Agency requests. in conjunction with the Contractor?s FERPA responsibilities outlined in Section of the Texas Education Agency Terms and Conditions Addendum. the Contractor implement additional security and con?dentiality measures. described in Attachment as "Statement of Data Security 8. Con?dentiality Measures? and Data Security Practices?. applicable to the collection of interview and survey data from parents. students and teachers. ATTACHMENT A REVISED BUDGET The budget tables below present a side-by-side comparison of current scope of work and amended scope of work. Internal Fact Base External Fact Base Vision 8 Targets Initial Change Strategy 18736 Month Strategic Plan Design Team Blueprints: Implementation Plan Development and Support Current 80W Amendment $1,230,000.00 - - $59,980.30 $150,000.00 - $520,000.00 - - $714,963.25 $200,000.00 $1,158,731.70 NOTES Total. $2,100,000.00' $1,933,675.25 lncidentals of contract) - $386,735.05 TOTAL $2,100,000.00 $2,320,410.30 Revised Billing Schedule Invoice Projected TEA Invoice Period Date1 Disbursement Date Amount Billed September 1, 2017 - September 30, 2017 October 1, 20172 November 1, 2017 $806,735.05 October 1, 2017 - October 31, 2017 November 1, 2017 December 1, 2017 $175,788.66 November 1, 2017 - November 30, 2017 December 1, 2017 January 1,2018 $175,788.66 December 1, 2017 - December 31. 2017 January 1, 2018 February 1, 2018 $175,788.66 December1, 2017 - January 31, 2016 February 1, 2018 March 1, 2018 $175,788.66 February 1, 2018 - February 28, 2018 March 1, 2018 April 1, 2018 $175,788.66 March 1, 2018 - March 31, 2018 April 1, 2018 May 1,2018 $175,788.66 April 1,2018 - April 30, 2018 May 1, 2018 June 1. 2018 $175,788.56 May 1, 2018 - May 31,2018 June 1, 2018 July 1, 2018 $175,788.66 June 1, 2018 - June 30, 2018 July 1, 2018 August 1, 2016 $175,788.66 July 1, 2018 - July 31, 2018 August 1, 2018 September 1. 2018 $175,788.66 August 1,2018 - August 31. 2018 August 31, 20183 October 1, 2018 $175,788.66 $2,740,410.30 1 When a the 1'1 does not fall a recognized business day iederallstate holidays or weekends). will bill on the first prior recognized business day 2 This invoice completes the final installment payment under current contract ($420,000) and pre-bills 20% of new contract amount ?This payment may re?ect catchup or claw back. ATTACHMENT REVISED TASK PLAN AND TASK-LEVEL COSTS Deliverable: Policy Evaluation Establish a Robust Fact Base-?External Environment Type of Deliverable Deliverable Description Total Analytical Report that will conduct a policy evaluation to help the TEA understand how well their current policies advance its goals and priorities for $35,010.94 address Tasks 1-5 students with disabilities in six key policy areas: 1) Part to Part Transition. 2) Early Identi?cation a. Child Find. 3) Specialized Instruction. 4) Related Senrices. 5) Secondary Transition. and 6) Least Restrictive Environment. Our evaluation framework focuses on the effects Equity. Unintended E?ects. and Effectiveness) and implementation Cost. Feasibility and acceptability) of the policy. The evaluation is speci?cally lied to what policy levers are needed to advance the TEA's special education priorities. The TEA will receive a detailed evaluation report with concrete suggestions for how to align or realign policies to meet its current goals as part of its proposed strategic planning process. Additionally. the TEA will use this deliverable to develop incentive structures. This deliverable includes two rounds of revision (Draft. TEA reviews. revises) between TEA and Sub-Deliverables TOTAL Milestones Process Timeline: Documentation of 1. Con?rm analytical approach and timeline with client 1) Internal meetings to re?ne analytical approach options. 2) Meeting with 51.465.50 Analytical Approach TEA to select an analytical approach option. 3) Send con?rmation of approach and timeline to TEA. LISI of Policies: 2. Identify policy set to be included in analytic sample 1) selects TEA policies to include in evaluation based on six key 55.06160 Documentation of Data policy areas. 2) TEA approves selection. 3) Summary report provided to TEA Collection Parameters Initial Analysis Report 3. Conduct analysis (Effects and Implementation Conduct analysis as approved and planned $14,315.64 framework) Draft Report; Revised Report 4. ?ndings and providelpresent report to 1) Identify themes. patterns. trends. insights. 2) Write draft report. 3) Present $6,334.50 stakeholders draft report for comment to TEA Final Report; Presentation 5. Summarize policy implications for strategic 1) Complete final revision. 2) Formally present report to TEA. 3) Complete $7,327.50 planning. follow-ups as necessary Deliverable: SEA Benchmarking Study Establish a Robust Fact Base?External Environment Type of Deliverabie Deliverable Description Analytical Report that address Tasks 1-5 Total Benchmarking is a way of discovering what is the best performance being achieved in the ?eld. This information can then be used to $24,969.36 identify gaps in an the Agency's processes in order to achieve its objectives and meet it priorities.SPEDx will conduct a benchmarking study to help the TEA understand how the TEA's special education major functions. staffinglorganizational structure. budget. OSEP rankings. compared to comparably state departments of education. The goal of the benchmarking study is to provide the Agency with information needed to develop its strategic plan. Sub-Deliverables Timeline: Documentation of Analytical Approach List of SEAs: Documentation of Data Collection Parameters 1. Confirm approach and timeline with client 2. Determine which SEAs to include in study and areas for comparison (eg. budget. org structure. priorities. rankings. practiceslapproaches. oversight. educatorlleader support. technology. etc.) and program areas (transition. related services. LRE. specialized instruction. etc.) Initial Analysis Report 3. Conduct analysis Draft Report: Revised Report 4. ?ndings and providelpresent report to stakeholders Final Report; Presentation 5. Summarize implications for strategic planning Deliverable: 1B!368trategic Plan Strategic Plan Type of Deliverable Deliverable Description Strategic Plan (Strategic Priorities. Action Plan. Monitoring Plan) that address tasks below will assist the Agency in developing a strategic plan for advancing the Agency's vision. mission. and priorities related to specral eduwtion in TEXAS through The plan is informed by a rigorous factbase comprised of both internal (IEP analysis and empathy interviews) and external SEA benchmarking study and Policy Evaluation) sources. The factbases are part of existing work streams in the present contract and proposed in the amended contract. The strategic plan consists of five Total Key MilestonesIT asks 1) lntemal meetings to re?ne approach options. 2) Meeting with TEA to gain approval on approval. 3) Send confirmation of approach and timeline to TEA. 1) Select sites. 2) Collect data. 3) Conduct intenriews of leaders in selected sites; 4) Collect documentary evidence: 5) Collect secondary data sources. 52,344.80 35.173.18 Conduct analysis as approved and planned $2,659.03 1) Identify themes. patterns. trends. insights. 2) Write draft report. 3) Present 57.601.40 draft report for comment to TEA 1) Complete final revision. 2) Formally present report to TEA 57,180.95 Total parts 1) Statement of Vision and Core Beliefs. 2) PrioritieslGoallebjectives. 3) Action Plan to achieve goals. 4) Performance Management Plan to monitor implementation of plan. 5) Communications and Stakeholder Investment Plan. Each piece of the strategic plan is developed through a series of writing workshops to include and TEA staff and external experts with related subject matter expertise. Sub-Deliverables Key Milestones? asks Total Process $714,953.25 STRATEGIC PLAN PART 1: Statement of Vision and Core Beliefs Conduct Workshop Initial draft of vision and belief statements Feedback report on initial set of belief statements Final draft complete and approved Sub-Deliverables STRATEGIC PLAN PART 2: Action Plan Conduct Workshop Draft of initial action plan section of strategic plan Feedback report on action plan Final draft complete and approved Sub-Deliverables STRATEGIC PLAN PART 3: Performance Management Plan Set-up and Conduct Workshop Draft of initial performance management plan section of strategic plan-scorecard. metrics. and monitoring routines WORKSHOP 1: DEVELOP VISION CORE BELIEFS 1) During this workshop participants complete an initial draft of Part 1 of the strategic plan. manages and facilitates workshop logistics. 2) Use internal factbase to create baseline set of vision and belief statements. This step involves understanding prevailing mindset and what shifts in mindset the TEA would like to see among internal and external actors; 3) Vet plan with internal and external reviewers to hone language and ensure clarity of purpose and intent. 4) Review and revise drafts (2 rounds) and obtain sign-off. Key Milestones-1T asks 1) Identify workshop participants. Engage external experts as necessary. 2) Schedule workshop and attend to logistics. 3) Facilitate workshop. 4) Complete initial draft post workshop. 5) Vet plans internal and external reviewers. 6) Revise plan as necessary. 7) Present second draft to TEA for comment. a) Revise second draft and present TEA with ?nal draft. 9) Obtain sign off from TEA. Process WORKSHOP 2: DEVELOP ACTION PLAN 1) During this workshop participants complete an initial draft of Part 3 of the strategic plan. manages and facilitates workshop logistics. 2) Draft detailed action plan to operationalize priorities. goals. and objectives determined in previous workshop with action steps. timelines, responsibilities. accountability. and cost estimates. 3) Vet plan with internal and extemal reviewers to hone language and ensure clarity of purpose and intent. 4) Review and revise drafts (2 rounds) and obtain sign-off. Key Milestonesz asks 1) Identify workshop participants. Engage external experts as necessary. 2) Schedule workshop and attend to logistics. 3) Facilitate workshop. 4) Workshop participants complete initial draft of Part 3 post workshop. 5) Vet plan with internal and external reviewers. 6) Revise plan as necessary. 7) Present second draft to TEA for comment. 8) Revise second draft and present TEA with ?nal draft. 9) Obtain sign off from TEA. Process WORKSHOP 3: DEVELOP PERFORMANCE MANAGEMENT PLAN 1) During this workshop participants complete an initial draft of Part 4 of the strategic plan. manages and facilitates workshop logistics. 2) Draft includes metrics needed to monitor the plan. scorecard template. and routines for assessing progress toward goals. 1) Identify workshop participants. Engage external experts as necessary. 2) Schedule workshop and attend to logistics. 3) Facilitate workshop. 4) Workshop participants complete initial draft of Part 4 of the strategic plan post workshop $112,140.23 $67,500.00 59.501.75 35.067.60 310.070.86 Total $210,400.80 5175.00000 516,892.00 56.446.00 510.070.68 I. Total 376353.66 $61,250.00 $8,446.00 Feedback report on performance management section Final draft complete and approved Sub-Deliverables STRATEGIC PLAN PART 4: Communications Plan 8. Stakeholder Investment Plan Set-up and Conduct Workshop Draft of initial communications plan; Draft of initial stakeholder engagement plan Feedback report on performance management section Final draft complete and approved 'Compdealive Grant Protocol: ?Design Pilot? Guidance Document 3) Vet plan with internal and external reviewers to hone language and 5) Vet plan with inlemal and external reviewers. ensure clarity of purpose and intent. 4) Review and revise drafts (2 rounds) and obtain sign-oft. 6) Revise plan as necessary. 7) Present second draft to TEA for comment. 8) Revise second draft and present TEA with ?nal draft. 9) Obtain sign off from TEA. Key Milestonesfl' asks Process WORKSHOP 4: DEVELOP COMMUNICATIONS PLAN 8. STAKEHOLDER INVESTMENT PLAN 1) During this workshop participants complete an initial draft of Part 5 1) Identify workshop participants. Engage external experts as of the strategic plan. manages and facilitates workshop necessary. 2) Schedule workshop and attend to logistics 3) logistics. Facilitate workshop. Develop Communications Plan for Stakeholder Investment. The 4) Workshop participants complete initial draft of Part 5 of the communications plan will present ways the plan will be communicated strategic plan. internally and externally. lntemally. the communications plan will include 1) Develop ?access narratives"to appeal to both hearts and minds of stakeholders. 2) Show how to connect the plan to employees. 3) Identify and train extemal champions for the plan. 4) will develop protocols and agendas for in-person stakeholder charrettes (does not include attending chanettes). 3) Vet plan with intemal and external reviewers to hone language and 5) Vet plan with intemal and external reviewers. ensure clarity of purpose and intent. 4) Review and revise drafts (2 rounds) and obtain sign-alt. 6) Revise plan as necessary. 7) Present second draft to TEA for comment. a) Revise second draft and present TEA with ?nal draft. 9) Obtain sign off from TEA. 7,3, - . .- Develop a strategy and codify it in a document that details what types 1) creates a draft protocol for implementing of incentives the Agency can use to incentivize actions by competitive grant program aligned to SPED priorities and a stakeholders which would help the Agency meet its 18135 special draft guidance document for concluding and implementing education goals. Speci?cally. the document would contain a plan for ?Design Pilots? 2) TEA reacts to initial drafts. 3) instituting competitive grants that utilize elements of design thinking to revises drafts and submits for ?nal approval or revisions, 4) guide development of pilots that when scaled would help the Agency Final approval of competitive grant protocol and guidance for achieve its special education goals and stimulate innovation in special design pilots. 5) submits print-ready versions of education by districts and education service centers. documents. ?an. no- $3,800.70 $3356.96 Total 515836348 $87,500.00 $52,032.88 510.135.20 36.392.40 $157,500.00 Deliverable: 18l36 Month Plan 8. Design Pilots Implementation Design Team Blueprints; Implementation Plan Development and Support Type oi Deliverable Implementation Support Sub-Deliverables Co-desrgn 4 additional pilot prejects: Pilot project blueprint; Pilot Project Monitoring Plan: Pilot Project Plan Coach Project Plan Coaching Support; Weekly and status updates Co-implement Project Design Showcase Day; Event agenda; Attendee List. Logistical Support Provide key TEA staff with implementation support strategic plan: Weekly and status updates Provide key TEA staff with implementation support of contract and amended contract: Weekly and status updates Deliverable Description SPED): will assist the Agency in implementing its strategic plan by 1) helping co-design and support implementation of 8 pilot projects linked to priorities in strategic plan. 2) Adding capacity to key TEA stall dunng the implementation of the plan with both planned and ad hoc divisron- related projects during term of the contract. Key Milestones? asks 1) Identify pilot design team. 2) Provide additional training to team as necessary. 3) Cc-develop a pilot project blueprint. 3) Develop monitoring plan for blue print will allocate a part-time coach to help implement blueprint and coach design team leads as necessary Includes bi-weekly coaching session as well as in-person shadowing and individual team workshoplplanning support 1) Determine event agenda: 2) Publicize event. 3) Provide logistical support to TEA needed for event. 4) Co-lead event 1) New Resource (1760 hrs-4 00% time) to support Justin and new SPED liaisons beginning from October 2017 - August 2013. 1) Provide 1408 hrs?60% time to support Executive Director in any aspect of current scope: 2) Provide support to implement the strategic plan 3) Implement other adhoc projects aligned to overall contract objective to enhance the agency's stale-level obligations to supporting students with disabilities as required by federal mandates through the Individuals with Disabilities in Education Act (IDEA). the Texas Administrative Code. and the Texas Education Code. The standard of a 'free and appropriate education? must be mlculated so that students with disabilities have the chance to make meaningful, ?appropriately ambitious" progress that results in commensurate academically pro?ciency applicable to all students. Process 1. TEA statl identi?es pilot project team members: 2) Pilot project team members receive additional training it necessary above training already included; 3) SPED): helps pilot project team develop blueprint; 1) Pilot project coach meets virtually with pilot project team leader at least 13: week; 2) Coach helps team lead ensure project is being implemented as planned. problem solves with lead. and accesses other resources to resolve challenges; 3) Coach provides weekly reports to TEA regarding the status of the pilot project; 1) Co-develop agendalprogram with TEA: 2) Con?rm participants. 3) Assist with logistics. 4) Co-implement program with TEA staff. 5) Process post-feedback surveys 5) Coaching and training of teams: 6) High Quality Video released after the event 7) Printing of materials 8) Microsile. 1) Co-develop with TEA tasks linked in priorities targeted at implementing the strategic plan. 2) Submit a calendar to executive director diSplaying tasks with deliverables and due dates. 3) Make necessary adjustments as necessary 1) SPED): will develop with TEA a consultant schedule for onsite and offsite days. 2) SPED): and the TEA will assign consultant time to the preject deliverables above and related projects and allocate time to internal TEA special population projects which could include any of the following: a) Data analysis not provided in cunent or amended scope. b) supporting SPED liaisons. c) Co-develcping a parlorrnance management routine for the division, d) Undertake short-term ad hoc projects (ie. <5hrs to complete) as determined by Assistant Commissioner or Executive Director at Special Populations. e) Coach staff members on increasing individual productivity. 1) afterthought partnership. Total 51.134.231.70 Total $490,750.00 589.981.70 $175.000.00 $220,000.00 $175,000.00 ATTACHMENT STATEMENT OF DATA SECURITY AND CONFIDENTIALITY MEASURES The Agency requests that the Contractor implement additional data security and con?dentiality measures as follows: Should determine that interviews. focus groups, or other methods collecting data from parents, students and teachers using audio or video recordings are an appropriate research methodology to employ for the purposes of this evaluation. TEA will not have access to personally identi?able audio or video recordings or to crosswalks that link de-identi?ed recordings to personally identi?ed information. Once has transcribed these recordings as appropriate to the evaluation. will destroy the recordings themselves. maintaining only written transcripts. Upon completion of the contract period, crosswalks will also be destroyed. Only anonymized transcripts of recordings will be made available to TEA at any time during or after the contract period. Should determine that surveys are an appropriate research methodology to employ for the purpose of this evaluation, TEA will have no right to access personally identi?able survey data or crosswalks that link de- identi?ed survey data to personally identi?ed information. Upon completion of the contract, crosswalks will be destroyed. Only anonymized survey data will be made available to TEA at any time during or after the Contract penod. Further the Agency proposes incorporating the Data Security Practices as Attachment to the Contract. Rev.2 6 17 ATTACHMENT Data Security Practices AUTHQRIZATION TEA Contract #3723 establishes as agent of the TEA for purposes of the services provided under the Agreement. Further Section of Contract, ?Texas Education Agency Contract Terms and Conditions? sets forth obligations under Family Educational Rights and Privacy Act. 20 U.S.C. Section 1232(9). et seq.. and Tex. Gov. Code Section 552.114. Accordingly, serves an "Educational Of?cial? for the TEA speci?cally for the purposes of the data collection activity described in ?Access to Con?dential? Form and in Addendum A of TEA Contract #3723. STORAGE shall retain the raw data at a single location and shall not make a copy or extract of the data available to anyone except personnel who have a need for the data to perform the services referenced above and who have signed a Non- Disclosure Agreement. shall maintain the data in hard copy or electronic form. in an area that has limited access only to authorized personnel. shall not permit removal of the data from the limited access area. will ensure that access to the data maintained on computer ?les or databases is controlled by password protection and double authentication. shall establish procedures. based on the type of data provided. to ensure that the target data cannot be extracted from a computer ?le or database by unauthorized individuals. shall maintain all printouts. discs, or other physical products containing student-level data in locked cabinets, ?le drawers. or other secure locations when not in use. ACCESS REVQCATION OF AQCESS: will protect its data assets through security measures that assure the proper use of the data when accessed. Every data item will be classi?ed by Lead Data Scientist to have an appropriate security access level. Data access is password protected and requires double authentication. Sign-tn credentials expire periodically and must be manually granted by the Lead Data Scientist. The Lead Data Scientist can revoke Data access at any time. Access is instantly revoked by the Lead Data Scientist when an authorized person no longer is authorized andlor is terminated from the company. DATA PROTECTION: Data Protection Policy is excerpted below: Covered individuals Employees of our company must comply with this Data Protection Policy. Contractors. consultants. partners and any other external entity are also covered. Generally, our policy refers to anyone we collaborate with or acts on our behalf and may need occasional access to data. Policy Elements As part of our operations, we need to obtain and process information. This Date includes any of?ine or online data that makes a person identifiable such as names. addresses, usemames and passwords. digital footpn'nts, photographs, birth date, social secun'ty numbers, individualized education plan and special education data, ?nancial data etc. (?Data") Once this Data is available to us, the following rules apply. The Data will be: - Accurate and kept up-to-date Collected fairly and in compliance with all applicable law - Processed by the company within its legal and moral boundaries . Protected against any unauthorized or illegal access by internal or external parties Our Data will not be: . Communicated informally Transferred to organizations, states or countries that do not have adequate data protection policies 0 Distributed to any party other than the ones agreed upon by the data?s owner (exempting legitimate requests from law enforcement authorities) ln addition to ways of handling the Date the company has direct obligations towards organizations to whom the Data belongs. Specifically we must: - Let organizations know which of their data is collected . inform organizations about how we ?ll process their data . inform organizations about who has access to their information and storage policies Rev.2 6.17 - Have provisions in cases of lost, corrupted or compromised data . Allow organizations to request that we modify, reduce or correct data contained in our databases Actions To exercise data protection we're committed to: - Restrict and monitor access to sensitive data Train employees in ontine privacy and security measures Build secure networks to protect ontine data from cyberattacks Establish clear procedures for reporting privacy breaches or data misuse include contract clauses or communicate statements on how we handle data Establish data protection practices secure locks. data frequent backups, access authorization etc.) Drscigiinagy Conseguences All principles described in this policy must be strictly followed. A breach of data protection guidelines will invoke disciplinary and possibly legal action. including termination. CONFIDENTIALITY AGREEMENT: 1. Please ?nd con?dentiality agreement in the attached MOU. This MOU is used with entities that share student- Ievel data with This MOU is executed with each district participating in the IEP analysis project. 2. Each employee or contractor with access to the Data is required to execute the attached NDA. Generally. our con?dentiality agreement provides for the following: ?Qn?dgnlial lnfomration? shall mean any information of a proprietary or con?dential nature that is provided by either Party to the other (either oral. written. or digital) {including any director, officer. employee, agent, or representative of the other) or obtained by either Party from the other {including any director, officer, employee, agent, or representative of the other) including. but not limited to, that which relates to technical data, research, product plans. products. markets. software, programming code (source and object), algorithms, developments, inventions, processes. designs, drawings, engineering, hardware configuration information, or marketing or ?nances of the disclosing Party. Without limitation of the foregoing, all Avenir Data shall be the Con?dential information of Avenl'r. and the Licensor Data is the Con?dential lnfonnation of Licensor. Con?dential information shall not include: information that is publicly known or available, or becomes publicly known or available. without breach of this Agreement; (ii) any information already prior to disclosure by the other Party) rightfully in the possession of the receiving Party without an obligation of con?dence; any information that is rightfully received by the receiving Party from a non-party who is not bound to an obligation of con?dence; or (iv) any information that is independently developed by the receiving Party of the disclosing Party and which can be veri?ed through reasonable documentation. "Qn?dentiality Obligatign" Each Party agrees to preserve the con?dentiality of all Con?dential lnfomration of the other Party, and shall not, without the prior written consent of the other Party, disclose or make available to any person, or use for its own benefit other than as contemplated by this Agreement, any Con?dential lnfonnation of the other Party. Each Party shall exercise reasonable etforts to safeguard the Con?dential information received from the other. Upon termination or expiration of this Agreement, each Party shall return to the other Party. upon request. all Con?dential information of the other Party and certify in writing to the other Party, if requested by the other party, that all such Con?dential information has been retumed. The obligations of con?dentiality shall survive any termination or expiration of this Agreement for a minimum of seven years or longer if such information remains a trade secret. DATA DESTRUCTION 8i AUDIT Data Destruction Terms shall. under supervision of the TEA if requested. destroy the raw data provided to including all copies. whether in electronic or hard cepy form, when the services are completed or this Agreement is terminated. whichever occurs ?rst. In some cases, retains a non-personally identi?ed analytical dataset derived from the raw data and transformed through proprietary algorithms and supplemental databases used to conduct the required analysis. When Data is terminated, directs all employees who were authorized to use the data to certify that they have destroyed: a Physical media on which the restricted data products were distributed. . Other materials. which include (but are not limited to) backup media. printed listings. and lab notes. Rev 2.6.17 Destruction Procedures All raw data ?les all copies of the original restricted data and of all ?les derived in whole or in part from the restricted data) will be destroyed when the Agreement is terminated. utilizes multiple approaches depending upon the media and storage method used. These procedures will result in making all provided ?les inaccessible. Typically. unless otherwise requested. will destroy data through any of the following means: 1. Physical destruction of the devicels) CDs. DVDs. tapes. diskettes) on which the restricted data ?les were stored. Secure erasure of storage media followed by reformatting. Secure deletion of individual folders andlor ?les. Shredding of paper documents. For any portable solid-state-drive (SSD) devices: procedures follow recommendations outlined by Michael Wei et al. at University of California. San Diego. Although SSD devices have built-in commands for data erasure may not be totally effective, will 1. Implement whole disk save keys. 2. Carry out secure data work. 3. At end of project. delete keys. 4. Reformat SSD. After completion of one of the above destruction procedures. the will issue a Data File Destruction Af?davit to the Agency. The Agency may request an audit or independent certi?cation of destruction. Rev.2 6 17