FAFSA / DREAM ACT COMPLETION PROGRAM AGREEMENT

Transcription

1 FAFSA / DREAM ACT COMPLETION PROGRAM AGREEMENT If using US Pstal Service, please return t: Califrnia Student Aid Cmmissin Prgram Administratin & Services Divisin ATTN: Institutinal Supprt P.O. Bx Ranch Crdva, CA If using anther delivery service, return t: Califrnia Student Aid Cmmissin Prgram Administratin & Services Divisin ATTN: Institutinal Supprt White Rck Rad Ranch Crdva, CA Return via t [email protected] Return via fax t (916) Fr Internal Use Only (Califrnia Student Aid Cmmissin) Received n: Apprved: YES NO Prcessed by:

2 Page 2 f 7 ARTICLE I FAFSA / DREAM ACT COMPLETION PROGRAM AUTHORITY The Califrnia Student Aid Cmmissin ( Cmmissin ) is a State Grant Agency authrized t receive certain data received r generated by the U.S. Department f Educatin ( Department ) cncerning Free Applicatin f Federal Student Aid (FAFSA) applicants because it administers State prgrams that prvide financial assistance t students attending institutins f higher educatin. The Cmmissin and the Department have entered int a Student Aid Internet Gateway Agreement ( SAIG Agreement ) that authrizes the Cmmissin t, amng ther things, disclse limited Institutinal Student Infrmatin Recrd (ISIR) infrmatin t lcal educatinal agencies and secndary schls related t the determinatin f the cmpletin status f a student s FAFSA and t facilitate prviding assistance t such students in cmpleting the FAFSA. This Agreement establishes the cnditins under which the Cmmissin will disclse, and a Lcal Educatinal Agency (LEA) r Secndary Schl will receive, limited ISIR infrmatin as permitted under the terms f the SAIG Agreement. Disclsure f the limited ISIR data will be restricted t thse students with whm the LEA r Secndary Schl has an established relatinship as defined herein. The Lcal Educatinal Agency r Secndary Schl will be authrized t use the ISIR infrmatin fr purpses f determining the cmpletin status f a student s FAFSA and/r facilitating the delivery f assistance t students in cmpleting the FAFSA. This Agreement gverns the terms and cnditins f the eligibility f an LEA r Secndary Schl t participate in the FAFSA Cmpletin Prgram. The Agreement als gverns the terms and cnditins under which an LEA r Secndary Schl receives infrmatin frm the Cmmissin fr Califrnia DREAM Act students. An LEA s r Secndary Schl s failure t cmply with the administrative and/r infrmatin security respnsibilities set frth in this Agreement, may result in the terminatin f this Agreement. ARTICLE II FAFSA / DREAM ACT COMPLETION PROGRAM AGREEMENT This Agreement is between the Cmmissin and, an entity that is qualified t enter int this Agreement, as a result f its status as an: (check ne) LOCAL EDUCATIONAL AGENCY. A Lcal Educatinal Agency is a public bard f educatin r ther public authrity legally cnstituted with a State fr either administrative cntrl f r directin f, r t perfrm service functins fr, public elementary r secndary schls in a city, cunty, twnship, schl district r ther plitical subdivisin f a State; r such cmbinatin f schl districts r cunties a State recgnizes as an administrative agency fr its public elementary schls and secndary schls; r any ther public institutin r agency that has an administrative cntrl and directin f a public elementary r secndary schl. SECONDARY SCHOOL. A day r residential schl that prvides secndary educatin as determined under State law. FAFSA / DREAM ACT Cmpletin Prgram Agreement

3 Page 3 f 7 The primary purpse f releasing limited ISIR data and/r Califrnia DREAM Act data cntaining persnally identifiable student infrmatin is t allw the LEA r Secndary Schl t assist thse students with whm it has an established relatinship t use the ISIR / Cal ISIR infrmatin fr purpses f determining the cmpletin status f a student s FAFSA and/r facilitating the delivery f assistance t students in cmpleting the FAFSA / DREAM Act. Fr purpses f this Agreement, an LEA r Secndary Schl has an established relatinship with a student as fllws: LEA: An established relatinship exists between a student FAFSA applicant and an LEA where the student applicant is enrlled in a secndary schl under the legal authrity f the LEA r the LEA is therwise prviding services t the FAFSA applicant. SECONDARY SCHOOL: An established relatinship exists between a student FAFSA applicant and a Secndary Schl where the student FAFSA applicant is enrlled in the secndary schl itself r the secndary schl is therwise prviding services t the FAFSA applicant. This Agreement t allw the release f persnally identifiable student infrmatin is written under the Family Educatinal Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99), a Federal law that prtects the privacy f student educatin recrds. The law applies t all schls that receive funds under an applicable prgram f the U.S. Department f Educatin. Fr thse students with whm the LEA / Secndary Schl has an established relatinship, the Cmmissin may release the fllwing FAFSA Filing Status Infrmatin frm the ISIR and/r the DREAM Act Filing Status Infrmatin frm the Cal ISIR: Student s first name; Student s last name; Student s date f birth; Student s ZIP Cde; FAFSA submitted date (the date the FAFSA was submitted t the Department); FAFSA prcessed date (the date the Department prcessed the FAFSA); a Selected fr Verificatin flag; and a FAFSA cmpletin flag, as determined by the Agency (e.g., FAFSA nt submitted, FAFSA cmplete, r FAFSA incmplete). The Cmmissin will release this student infrmatin with the understanding that: N individual student data shall be identifiable in any reprts nt created specifically fr the LEA r Secndary Schl; Qualified persnnel at the LEA r Secndary Schl shall be prficient and experienced in managing secure, cnfidential data. The LEA r Secndary Schl agrees t restrict distributin f the ISIR data t qualified persnnel; in n event will any persnally identifiable infrmatin be released t any persn r rganizatin ther than the qualified persnnel f the LEA r Secndary Schl; Student data files shall be returned r destryed when n lnger needed fr the purpses fr which the agreement t release persnally identifiable infrmatin is drawn; FAFSA / DREAM ACT Cmpletin Prgram Agreement

4 Page 4 f 7 The LEA / Secndary Schl shall adhere t all legal requirements, including but nt limited t the Federal Family Educatinal Rights and Privacy Act (20 USC 1232g). Shuld the LEA, its agents, r assignees; the Secndary Schl, its agents, r assignees; r the United States Department f Educatin determine that release f data under this agreement des nt satisfy the requirements f 20 USC 1232g, any f the parties t this agreement may terminate this agreement and demand the destructin r return f all data supplied by the parties and all data matched r derived there frm within three (3) wrking days; The Cmmissin reserves the right t withhld persnally identifiable student data frm the LEA / Secndary Schl at any time. ARTICLE III FAFSA COMPLETION PROGRAM INFORMATION SECURITY PROVISIONS The Infrmatin Security cmpnents f this Agreement are t cntrl access t the Cmmissin s infrmatin prcessing facilities and data, as well as, t prvide prcedure fr versight f the LEA r Secndary Schl s cmpliance with the prvisins f this Agreement. The LEA r Secndary Schl agrees t cmply with all applicable federal, state, and lcal infrmatin security, cnfidentiality and privacy laws and regulatins, Cmmissin plicies and requirements pertaining t the prper access, handling, strage, transfer, transmissin, disseminatin, sharing r destructin f cnfidential infrmatin maintained n the Cmmissin s Grant Delivery System (GDS) WebGrants system and/r pertaining t the Cmmissin, its prgrams, and its prgram applicants and/r recipients. The LEA r Secndary Schl will execute a Grant Delivery System (GDS) WebGrants Infrmatin Security and Cnfidentiality Agreement and, at all times, cmply with the terms and cnditins theref, prir t gaining accessing t the GDS WebGrants system. The signed GDS-WebGrants Infrmatin Security and Cnfidentiality Agreement must be received and apprved by the Cmmissin prir t any access being granted t the LEA r Secndary Schl. The Cmmissin reserves the right t mnitr r revke access t the Cmmissin s netwrk and data by an LEA r Secndary Schl, r any individual staff member(s) f the entity. Administrative Authrizatin fr Access and Rles/Respnsibilities A. The LEA r Secndary Schl will use the FAFSA Filing Status Infrmatin prvided under the terms f this Agreement nly fr purpses that are cnsistent with sectin 483(a)(3)(E) f the Higher Educatin Act f 1965, as amended (HEA). B. The LEA r Secndary Schl will cmply, as applicable, with the requirements f the Family Educatinal Rights and Privacy Act (FERPA) (20 U.S.C. 1232g and its regulatins cdified at 34 CFR part 99). C. The LEA r Secndary Schl will nt re-disclse r share the FAFSA Filing Status infrmatin r DREAM Act Filing Status infrmatin btained frm the Cmmissin in persnally identifiable frm ther than (1) t the FAFSA / DREAM Act applicant and t the FAFSA / DREAM Act applicant s parents if the applicant is under age 18, t the applicant if the applicant is age 18 r lder r enrlled in a pst-secndary institutin, r t any ther party with the cnsent f the FAFSA / DREAM Act applicant r cnsent f the FAFSA / DREAM Act applicant s parents if the FAFSA / DREAM Act applicant is under the age f 18, r (2) if required t d s by law and if FAFSA / DREAM ACT Cmpletin Prgram Agreement

5 Page 5 f 7 such use is cnsistent with all applicable privacy laws, including the privacy prvisins f sectin 483(a)(3)(E) f the HEA, 20 U.S.C. 1090(a)(3)(E) and FERPA. D. The LEA r Secndary Schl shall restrict access t the data prvided under this Agreement t nly thse authrized persnnel wh need the data t perfrm their fficial duties in cnnectin with the uses f the data authrized in this Agreement. E. The LEA r Secndary Schl will advise all persnnel with access t the data prvided under this Agreement f the cnfidential nature f the data, the safeguards required t prtect the data, and criminal sanctins fr nncmpliance under applicable Federal, State r lcal laws. F. The LEA r Secndary Schl will maintain a histrical recrd that identifies t the Cmmissin r its representative, the identificatin f the individual(s) with access t the Cmmissin s netwrk fr three (3) years fllwing the last day f the award year. G. The LEA r Secndary Schl will immediately disable the passwrd and ID f any emplyee r agent f the LEA r Secndary Schl whse change in emplyment status r duties n lnger requires access t the Cmmissin s netwrk r data. Cpies f this dcumentatin shall remain at the LEA r Secndary Schl. H. The LEA r Secndary Schl will ensure that all emplyees r agents wh require WebGrants (GDS) access will sign a Grant Delivery System (GDS) WebGrants User Access Request Frm prir t being granted access t the WebGrants System. Such access will be granted fr a perid f time nt t exceed ne (1) year, and shall be renewed upn cmpletin f either an annual Cmmissin-supplied r Institutinal- supplied training in areas f infrmatin security, privacy and cnfidentiality. Cpies f this dcumentatin shall remain at the Institutin. Data Security A. The LEA r Secndary Schl will prtect the integrity f the FAFSA Filing Status infrmatin / DREAM Act Filing Status infrmatin received under this Agreement frm unauthrized access, use r re-disclsure. B. The LEA r Secndary Schl shall maintain a histrical recrd that identifies t the Cmmissin r its representative, the identificatin f the individual(s) with access t the Cmmissin s netwrk fr three (3) years fllwing the last day f the award year. C. Passwrds and user identificatin numbers (IDs) are t be treated as cnfidential infrmatin. Emplyees r agents f the Institutin shall nt share passwrds and IDs. Passwrds will be changed n a regular basis, as required by the Cmmissin. D. Cnfidential data that is n lnger required fr use by the LEA r Secndary Schl, r are determined by the Cmmissin t be subject t return r destructin, shall be returned r destryed in a secure manner, ensuring that n recnstructin r derivatin f the data, media r materials is pssible accrding t the Califrnia Civil Cde Sectin 1798 et seq; Gvernment Cde Sectin 6250 et seq. and the State Accunting Manual (SAM) Chapter E. The LEA r Secndary Schl shall establish training prgrams and acceptable use plicies fr LEA r Secndary Schl emplyees regarding infrmatin security, privacy and cnfidentiality t include Cmmissin data. FAFSA / DREAM ACT Cmpletin Prgram Agreement

6 Page 6 f 7 F. The LEA r Secndary Schl will establish and enfrce plicies t ensure that Cmmissin data and WebGrants access are cnducted frm secured systems n-site within the LEA r Secndary Schl. G. The Institutin will ntify the Cmmissin immediately f any security, integrity r cnfidentiality incident(s) invlving Cmmissin data r netwrk expsure by cntacting the Cmmissin s ITS Help Desk at Such incidents may include, but are nt limited t unauthrized r accidental mdificatin, destructin, disclsure, lss, r access t autmated files and databases, as well as incidents invlving lss, damage r misuse f infrmatin assets. Such incidents shall be fllwed up with a written reprt f the incident, signed by the AO and the Institutin's Chief Executive Officer and submitted t the Cmmissin's Infrmatin Security Officer (ISO) within ten (10) business days after the Institutin s awareness f the incident. H. N Cmmissin data r assets shall be transferred t r shared by the LEA r Secndary Schl with any third party. I. T the extent authrized by law, the LEA r Secndary Schl will accept liability fr any direct r cnsequential damages t the Cmmissin, its netwrk r data, caused by the negligence r intentinal miscnduct f itself, its emplyees r agents. ARTICLE III FAFSA COMPLETION PROGRAM GENERAL PROVISIONS A. EFFECTIVE DATE. The effective date f this Agreement is the Cmmissin s ntificatin t the LEA r Secndary Schl that this Agreement and the required Grant Delivery System (GDS) WebGrants Infrmatin Security and Cnfidentiality Agreement have been received and apprved. B. TERMINATION. The Agreement may be terminated by either party upn thirty days (30) prir written ntice t the ther party. All cnfidentiality prvisins f this Agreement shall survive the terminatin f the Agreement. C. COMPLIANCE. The LEA r Secndary Schl agrees t make available at the time f prgram cmpliance review, r at any time at the request f the Cmmissin staff, any recrds and persnnel related t its cmpliance with the terms f this Agreement. D. NONCOMPLIANCE. If the Cmmissin finds that the LEA r Secndary Schl has failed t cmply with this Agreement, the Cmmissin shall require the LEA r Secndary Schl t delete r return all data received under this Agreement, including any cpies made f such data. The Cmmissin may terminate this Agreement and/r take such ther actin as may be necessary and apprpriate t prtect the interests f the FAFSA applicants, the Cmmissin and/r its financial aid prgrams, and any ther party impacted by nncmpliance with this Agreement. FAFSA / DREAM ACT Cmpletin Prgram Agreement

7 Page 7 f 7 E. ENTIRE AGREEMENT: This Agreement cntains the entire understanding f the Parties and may nly be amended in writing signed by the Parties. F. SEVERABILITY: If any prvisin f this Agreement is r becmes invalid r is ruled invalid by any curt f cmpetent jurisdictin r is deemed unenfrceable, it is the intentin f the parties that the remainder f this Agreement shall nt be affected. In the event f any incnsistency between any f the prvisins f this Agreement and applicable federal r state law r regulatin, the law r regulatin shall prevail ver the cnflicting prvisin and the remaining prvisins f this Agreement shall remain in full frce and effect. Name f Lcal Educatinal Agency: (Schl District, Public Bard f Educatin) Address: Please identify the high schls t be cvered under this agreement: Name f Secndary Schl Cllege Bard Cde (05XXXX) Signature - Principal r District Superintendent Date Name & Title Address FAFSA / DREAM ACT Cmpletin Prgram Agreement