12-8C. Research DSA..pdf

9400 N. CENTRAL EXPRESSWAY | DALLAS, TEXAS 75231 | 972.925.3700 | WWW.DALLASISD.ORG

RESEARCH DATA SHARING AGREEMENT

THIS AGREEMENT is entered into on this the ________ day of ___________, 2025 by and between [RESEARCHER/RESEARCH INSTITUTE NAME] herein called “[FILL IN SHORTHAND REFERENCE TO RESEARCHER/RESEARCH INSTITUTE],” and the Dallas Independent School District, herein called “District” or “Dallas ISD” for the period _____________ through ______________. The parties hereto agree as follows:

1. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] is conducting a study on the following: [fill in research study title]. The purpose of the study is [fill in]. The study will involve [fill in] and will continue from [fill in duration of study]. To complete the study, [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] has requested District data. The approved application is attached as Exhibit A.

2. The release of District employee information must be 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.

3. The release of personally identifiable information of students must be in compliance with the requirements of the Family Educational Rights and Privacy Act (FERPA).

4. FERPA permits the disclosure of personally identifiable information of students to an organization conducting a study ‘‘for, or on behalf of, educational agencies or institutions’’ for statutorily enumerated purposes, including for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction. 20 U.S.C. 1232g(b)(1)(F).

5. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] has submitted its proposed study to the District’s Evaluation and Assessment Department and received approval to conduct the study ‘‘for, or on behalf of” the District using District data. Such approval is required prior to any data being released.

6. Student Confidentiality. The Dallas ISD has a legal obligation to maintain the confidentiality and privacy of student records in accordance with applicable law and regulations, specifically the Family Educational Rights and Privacy Act (FERPA). [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] and its authorized representatives may only receive student information in compliance with the requirements and exceptions outlined in FERPA. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] and its authorized representatives acknowledge that they must comply with said law and regulations and safeguard student information. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] and its authorized representatives may not re-disclose the information to a third party without prior written consent from the Dallas ISD, the parent or eligible student. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] and its authorized representatives must destroy any student information received from the Dallas Independent School District when no longer needed for the purposes listed in this Agreement. Any extended use of the data must be specifically authorized in writing in advance of the expiration of the underlying Agreement. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] and its authorized representatives must maintain the confidentiality of the student records according to commercially reasonable administrative, physical and technical standards that are no less rigorous than the standards by which [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] protects its own confidential information.

7. Dallas ISD will provide the following information to the [Shorthand Reference to

RESEARCHER/RESEARCH INSTITUTE]:

See Exhibit B [Please provide the variable list as a table labelled as Exhibit B; Include school years requested]

8. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] acknowledges that the educational records and personally identifiable information from education records provided by the Dallas ISD may only be used to meet the purpose or purposes of the study as stated in this Agreement. If [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] desires to use the records or data obtained from the Dallas ISD to conduct further research not specifically authorized in the Agreement, an amended research proposal must be submitted to the District’s Research Review Board for approval.

9. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] must conduct the study in a manner that does not permit the personal identification of parents and students by anyone other than representatives of the organization with legitimate interests. This will typically means that the [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] should allow internal access to personally identifiable information from education records only to individuals with a legitimate education interest and need to know, and that the [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] should take steps to maintain the confidentiality of the personally identifiable information from education records at all stages of the study, including within the final report, by using appropriate disclosure avoidance techniques.

10. If [RESEARCHER/RESEARCH INSTITUTE] wants to conduct a survey of students, [RESEARCHER/RESEARCH INSTITUTE] acknowledges that all student surveys will be in compliance with the requirements of the Protection of Pupil Rights Amendment (PPRA). In the event that any Department of Education funding is used for this program, prior written parental consent will be obtained before surveying a student on any of the following topics:

1. Political affiliations;

2. Mental and psychological problems potentially embarrassing to the student and his/her family;

3. Sex behavior and attitudes;

4. Illegal, anti-social, self-incriminating and demeaning behavior;

5. Critical appraisals of other individuals with whom respondents have close family relationships;

6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or

7. Religious practices, affiliations, or beliefs of the student or parents; or

8. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

The protected categories may also be expanded by future amendments to the PPRA. Parents will have the opportunity to inspect the survey created by a third party before the survey is administered or distributed to the student regardless of the funding source.

11. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] must destroy all education records and any data derived from personally identifiable information or records when the information is no longer needed for the purposes for which the study was conducted. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] must provide the Dallas ISD with evidence of the destruction of the records in compliance with this Agreement. The destruction must occur within [fill in time period]. 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.

The Dallas ISD will provide input on the specific time period for destruction based on the facts and circumstances surrounding the disclosure and study. The destruction must be in accordance with the Dallas ISD’s records retention policies and procedures. The Dallas ISD’s records retention policy and procedures are located in Board Policy CPC (LOCAL) and CPC (REGULATION) located online at:

https://pol.tasb.org/Policy/Code/361?filter=CPC . Dallas ISD policy does not mandate a specific methodology for destruction (overwriting, degaussing, or physical destruction), only that data must be rendered irrecoverable. [NOTE: The specific method of destruction needs to be specified in the agreement] (see Exhibit C).

12. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] designates the following individual or entity as an authorized representative: [FILL IN NAME]. The authorized representative has authority to bind the entity to the requirements of this agreement. The authorized representative shall also require individuals accessing the personally identifiable information from education records to execute affidavits of nondisclosure or other documentation indicating their individual agreement to handle the personally identifiable information from education records properly.

13. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] must provide Dallas ISD with a copy of policies and procedures, consistent with FERPA and other Federal and State confidentiality and privacy provisions, that will be used to protect personally identifiable information from education records from further disclosure (except back to the Dallas ISD) and unauthorized use, including limiting the use of personally identifiable information from education records to only authorized representatives with legitimate interests in the study. A copy of the [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE]’s confidentiality and privacy provisions are attached as “Exhibit C.”

14. Approval to use the personally identifiable information from education records for one study does not confer approval to use the data for another study. The personally identifiable information from education records may only be used for the activities described in this Agreement.

15. The points of contact and data custodians (the individuals directly responsible for managing the data in question) are:

District: Larry W. Featherston, PhD, Manager, Program Evaluation/Chair – Research Review

Board, Dallas ISD Evaluation and Assessment, lfeatherston@dallasisd.org, 972.925.6444

[Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE]:

16. The disclosure of education records or personally identifiable information from education records to [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] is not an assignment of ownership of the personally identifiable information or records to [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE]. The Dallas ISD retains ownership of all such records.

Personally identifiable information from education records may only be redisclosed with the Dallas ISD’s permission or in compliance with FERPA and its regulations.

17. The Dallas ISD maintains the right to conduct audits or otherwise monitor the [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] receiving personally identifiable information from education records to periodically affirm that the [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] has appropriate policies and procedures in place to protect the personally identifiable information from education records.

18. The failure to comply with the requirements of FERPA will subject the third party to all allowable penalties under state and federal law. In the event that District data is compromised and/or released to an unauthorized individual, [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] must alert Larry Featherston (lfeatherston@dallasisd.org) at Dallas ISD upon notification of the breach as soon as practical. In the event of a breach, [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] will follow the notification requirements outlined in Texas Business and Commercial Code, Section 521.053.

19. Dallas ISD maintains ownership of all intellectual property rights. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] may not use the District’s name or logo, the Board members’ names or images, and the names or images of students, staff, or facilities for any commercial advertising. The use of the District’s intellectual property for non-commercial use requires the prior written consent of the Superintendent of Schools or designee.

20. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] certifies that it is not an abortion provider nor an affiliate of the provider as noted in Texas SB 22, codified in Texas Government Code Chapter 2272, and effective September 2019. If this provision is violated by the [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE], Agreement and/or taxpayer resource transaction is voidable by Dallas ISD and Partner agrees to defend and indemnify Dallas ISD against any action brought by the Office of the Attorney General for a violation of Texas Government Code, Section 2272.003 .

21. [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] shall indemnify, defend and hold District harmless from all claims, liabilities, damages, or judgments involving a third party, including District's costs and attorney fees, which arise as a result of [Shorthand Reference to RESEARCHER/RESEARCH INSTITUTE] 's failure to meet any of its obligations under this agreement.

22. 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 signing, I certify that I have read and agree with the terms of the Data Sharing Agreement and I am authorized to sign and execute on behalf of my institution.