OF INTEREST TO The Office of Early Learning (OEL, the Office) and Early Learning Coalitions (ELCs), ELC contractors and ELC sub-contractors.

Transcription

1 Fl ori d a Departm e nt of E d ucati on Office of Early Learning Program Guidance Mem o of Unde rs t a nding a nd Data Security Agree m ent OF INTEREST TO The Office of Early Learning (OEL, the Office) and Early Learning Coalitions (ELCs), ELC contractors and ELC sub-contractors. SUMMARY The Office of Early Learning and the early learning coalitions recognize that the full participation of the coalitions as a partner is critical to the success of the school readiness programs and the Voluntary Prekindergarten (VPK) program, and, collaterally, the sharing of data between all parties is contemplated in the School Readiness Act. Thus, OEL hereby agrees to make available to the early learning coalitions and their agents, for the limited purpose of performing their public duties, school readiness programs and VPK program information that includes, but is not limited to, data which is maintained in the Enhanced Field System (EFS), Statewide Reporting System (SRS), the Single Point of Entry/Unified Waiting List (SPE/UWL) system, SharePoint and any replacement systems providing the same school readiness data. ATTACHMENTS Memo of Understanding and Data Security Agreement HISTORY This guidance was issued November 27, If you have questions or concerns regarding the guidance provided here, please contact the Office at (850) or by at oel.questions@oel.myflorida.com

2 Florida Office of Early Learning Memorandum of Understanding and Data Security Agreement Pam Stewart Commissioner of Education MEMORANDUM OF UNDERSTANDING The Office of Early Learning and the early learning coalitions recognize that full participation of coalitions as a partner is critical to the success of the School Readiness and Voluntary Prekindergarten E d u c a t i o n programs, and, collaterally, sharing of data between all parties is contemplated in the School Readiness Act. Thus, the Office of Early Learning hereby agrees to make available to the early learning coalitions and their agents, for the limited purpose of performing their public duties, School Readiness and Voluntary Prekindergarten Education program information that includes, but is not limited to, data which is maintained in the Enhanced Field System (EFS), Statewide Reporting System (SRS), the Single Point of Entry/Unified Waiting List (SPE/UWL) system, SharePoint and any replacement systems providing the same school readiness data. I. Designation of System Administrator and Security Officer Early learning coalitions shall notify the Information Systems Security Officer for the Office of Early Learning in writing who the designated System Administrator and Security Officer shall be for their early learning coalition. The preference is to designate separate individuals for each role. Early learning coalitions, their System Administrator, Security Officer, staff, employees, participating partners, contractors, subcontractors, and any subsequent subcontractors and their employees agree to maintain the confidentiality of school readiness data to include, but not be limited to, social security numbers, parent and child information, payments, childcare provider information, household demographic information, and resource and referral information, and all related information pursuant to state and federal regulations unless such information has been exempted from non-disclosure for business purposes in accordance with state or federal law or a lawful and proper authorization has been submitted by a participant of the program or a childcare provider. Early learning coalitions will ensure that their System Administrator, Security Officer, staff, participating partners, contractors, subcontractors, and any subsequent subcontractors and their employees are sufficiently trained relative to non-disclosure and confidentiality regarding applicable school readiness programs. Early learning coalitions will assign school readiness data systems accesses only to early learning coalition and Office of Early Learning staff, contractor, subcontractor and subsequent subcontractor employees who have been properly trained in the proper use and handling of confidential data. Early learning coalitions will require the System Administrator, Security Officer, staff, contractors, subcontractors, and any subsequent subcontractors and their employees who have access 1/14/2015

3 to confidential information to sign and comply with the Data Security Agreement, which is attached hereto. Early learning coalitions shall maintain these forms on file subject to inspection by the Office of Early Learning. Early learning coalitions will advise their System Administrator, Security Officer, staff, contractors, subcontractors, and any subsequent subcontractor and their employees that they are not to make copies of confidential documents or to access, allow access to and/or use any confidential information for personal intent or any purpose other than in performance of their official duties. II. Confidentiality and Public Access All documents, papers, computer files, letters or other materials made or received in conjunction with this agreement will be subject to the applicable legal requirements for maintaining confidentiality in conformance with federal, state and local laws. Public access to these records will be in accordance with Chapter 119 of the Florida Statutes and all other applicable laws or regulations of the State of Florida. Although early learning coalitions, coalition staff, Office of Early Learning staff, contractors, subcontractors and their employees may obtain access to information that is otherwise confidential, that access does not alter the confidential nature of the information. It is incumbent upon early learning coalitions, coalition staff, Office of Early Learning staff, contractors, subcontractors, subsequent subcontractors and their employees to maintain confidentiality requirements. Any requests for release of information covered under this agreement by parties other than those specified in this agreement shall be referred to the Office of Early Learning.

4 DATA SECURITY AGREEMENT I understand that I will or may be exposed to certain confidential information pertaining to Office of Early Learning programs, which has been made available to my employer, for the limited purpose of performing its public duty pursuant to the Project Grant Award. These confidential records may include but not be limited to, social security numbers, parent and child information, payment, child care provider, household demographics, and resource and referral, which are private and confidential and may not be disclosed to others. In order to perform my duties associated with the assessment and reporting requirements set forth in the School Readiness Act, I am requesting an approved username, password and additional instructions for accessing the Enhanced Field System (EFS), the Single Point of Entry/Unified Wait List (SPE/UWL) system and SharePoint (hereinafter referred to as the Systems ). Prior to receiving such means of access, I acknowledge and agree to abide by the following standards for the receipt and handling of confidential record information. 1. I shall not disclose my username, password or other information needed to access the Systems to any party, nor shall I give any other individual access to this information. 2. If I should become aware that any other individual, other than an authorized employee, may have obtained or has obtained access to my username, password or other information needed to access the Systems, I shall immediately notify my supervisor, the System Administrator and Security Officer for the early learning coalition. 3. I shall not share with anyone any other information regarding access to the Systems unless I am specifically authorized by the early learning coalition or the Office of Early Learning. 4. I shall not access or request access to any social security numbers or other confidential information unless such access is necessary for the performance of my official duties. 5. I shall not disclose any individual record data to any parties who are not authorized to receive such data except in the form of reports containing only aggregate statistical information compiled in such a manner that it cannot be used to identify the individual(s) involved. 6. I shall retain the confidential data only for that period of time necessary to perform my duties. Thereafter, I shall either arrange for the retention of such information consistent with both the federal or state record retention requirements or delete or destroy such data. 7. I have either been trained in the proper use and handling of confidential data or have received written standards and instructions in the handling of confidential data from the early learning coalition and/or the Office of Early Learning. I shall comply with all the confidential safeguards contained in such training, written standards or instructions, including but not limited to, the following: a) protecting the confidentiality of my username and password; b) securing computer equipment, disks and offices in which confidential data may be kept; and c) following procedures for the timely destruction or deletion of confidential data.

5 8. I understand that if I violate any of the confidentiality provisions set forth in the Office of Early Learning Information Technology Policy and Procedures Manual, training and instructions, my user privileges will be immediately suspended or terminated. I further acknowledge that applicable state law may provide that any individual who discloses confidential information in violation of any provision of that section may be subject to a fine and/or period of imprisonment and dismissal from employment. I have been instructed that if I violate the provisions of the law, I may receive one or more of these penalties. 9. Should I have any questions concerning the handling or disclosure of confidential information, I shall immediately ask my supervisor and be guided by his or her response. Employee Signature: Date: Early Learning Coalition: Print Employer Name: Employer Address: Work Telephone: