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San Carlos ESD |  AR  5125.4  Students

Education Research Programs, Technology Pilot Programs, And Other Education-Related Programs   

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From time to time, and in a manner authorized by law, the Superintendent or designee may enter into agreements with a 3rd party to participate in educational research programs, technology pilot programs, and other education related programs that may involve student records, student records, and other student data. The Superintendent or designee shall ensure that any agreement strictly complies with all laws and local policies related to the use, maintenance, protection, confidentiality, and privacy of the information, including without limitation, the Family Educational Rights Privacy Act (FERPA), the Children's Online Privacy Protection Act, the relevant provisions of the California Education Code, and the relevant San Carlos Elementary School District policies.

Any information the district receives or provides as a part of the participation in educational research programs, technology pilot programs, and other education related programs will be used, maintained, and protected in a manner proscribed by and consistent with all governing laws and policies. It is the intention of the district to use information received through the participation in these programs for legitimate education and academic purposes. These legitimate purposes include without limitation improving instruction, measuring the effectiveness of education programs, and identifying gaps in student services. It shall be the policy and practice of the district to limit access to the information to those with a right to access under governing laws and policies.

The Superintendent or designee shall, to the extent applicable to the program, and prior to or concurrent with the commencement of participation in the program, do each of the following:

1. Identify what information is being collected and/or shared regarding students

2. Identify the purpose(s) for which the information is being collected and/or shared

3. Identify which party(s) will be the controller and owner of the information

4. Identify the person(s) who shall serve as the custodian of records for any information received by the district and any information shared by the district

5. Identify and implement reasonable methods, including general physical, technological, or administrative controls, to ensure that any information received by the district shall be available only to those with a right to access

6. Identify the actions the 3rd party will take, including the designation and training of responsible individuals or the industry standard encryption of information, to ensure the security and confidentiality of any information which contains Personally Identifiable Information or can be used to identify a specific person

7. Identify and implement reasonable methods, including general physical, technological, or administrative controls, to ensure that any information received by the district shall be available only to those district employees and officials who have a reasonable, appropriate, and legitimate educational or other need for access to the information

8. Identify reasonable procedures to be used by the district and the third party for reporting and responding to breaches in the security of any information shared or received by the district

9. Identify the anticipated retention period for any information shared or received by the district

10. Identify the planned disposition of any information shared or received by the district upon expiration of the retention period

11. Identify the person(s) who should be contacted regarding questions about a program or the data practices related to a program

In the event the district enters into an agreement with a 3rd party to participate in educational research programs, technology pilot programs, or other education related programs that involve student records, student records, or other student data obtained through monitoring or review of the on- or off-campus usage of district owned or leased computers, tablets, or other related peripherals, the district will obtain written parental/guardian consent for each student's participation in the program. All computers, tablets, or other related peripherals used by students as part of a program described above shall bear a prominently displayed label that, at a minimum, informs users that on- and off-campus use of the equipment may be monitored, reviewed, and recorded as allowed by law or district policy. For example, a label may state "USE OF THIS DEVICE IS NOT PRIVATE. On- and off-campus use of this device may be monitored, reviewed, and recorded as allowed by law or district policy."

Regulation SAN CARLOS ELEMENTARY SCHOOL DISTRICT

approved: February 12, 2015 San Carlos, California