DRAccessData.org
User Agreement & Privacy Policy

Contents

Terms of Use (download PDF)
Privacy Policy (download PDF)
Essential Third-Party Services (download PDF)


DRAccessData.org
Terms of Use

Introduction

Welcome to the Desired Results Access Project’s DRDP data collection system, DR Access Data. DR Access Data is a secure online data reporting and retrieval system developed by  the Desired Results Access Project on behalf of the California Department of Education (CDE), Special Education Division. DR Access Data has been designed for Special Education Local Plan Area (SELPA) Directors and their authorized account holders to support data reporting requirements for the Desired Results Developmental Profile (DRDP) (2015) assessment for children with IFSPs and preschool IEPS. Using DR Access Data enables SELPA Directors to:

DR Access Data has been developed by the Desired Results Access Project of the Napa County Office of Education and is funded through a contract with the California Department of Education (CDE), Special Education Division (SED). Additional, information about the Desired Results Access Project is available at DRAccess.org.

PLEASE READ CAREFULLY – The DR Access Data Terms of Use (“AGREEMENT”) is a legal agreement between you (referred to herein as “Account Holder,” “you,” or “your”) and DR Access Data of the Desired Results Access Project of the Napa County Office of Education (referred to herein as : (“DRAccessData.org”, ”DR Access Data”, “Data System,” “Desired Results Access Project,” “the Service,” “us,” or “our”)). This agreement applies to all products, resources, and services offered by DR Access Data.

Account Holders are representatives of Local Educational Agencies (LEAs) and refer to individual SELPA Directors and any additional account holder designated by the SELPA Director. The Account Holder is the individual identified by the account and that serves as the primary contact person with respect to the Service.

By registering for an account, or otherwise accessing DR Access Data, you acknowledge that you have read and agree to be bound by this terms of use agreement. When using DR Access Data, you are subject to the terms and conditions of this agreement, posted guidelines, and policies or rules applicable to specific features of the Service which may be posted from time to time. If you do not agree to abide by the DR Access Data Terms of Use, you do not have permission to use the product. If you are under the age of 18, you do not have permission to use or otherwise access the Desired Results Access Project Data System.

  1. Qualifications:

    1.1 DR Access Data Account Holders may use DR Access Data only as intended by the Desired Results Access Project and CDE, SED in order to support the Account Holder’s use and administration of the DRDP (2015) assessment instrument and to access DR Access Data for children with Individualized Family Service Plans (IFSPs) and Individualized Education Programs (IEPs) receiving special education and related services from Local Educational Agencies (LEAs).

    1.2 The use of and access to DR Access Data, including data storage, is reserved for those providing special education services and support serving programs in LEAs in California. Except as specified under a separate written agreement with the Desired Results Access Project, the Desired Results Access Project reserves the right to suspend or stop the use of DR Access Data by parties that do not meet or continue to meet these qualifications.

  2. Terms:

    2.1 Subject to the terms of this agreement, DR Access Data grants to the Account Holder a non-exclusive, revocable, non-transferable permission to use DR Access Data residing on a server or servers managed by the Desired Results Access Project. Account Holders may, at any time, discontinue use of DR Access Data; however, they shall continue to be bound by the obligations set forth in this agreement.

    2.2 Access to and use of DR Access Data itself is free for qualified Account Holders in California (as specified above). Special fees and conditions may apply for other users, such as out-of-state users, and will be defined under a separate written agreement with the Desired Results Access Project. In the future, DR Access Data may offer new or additional special features for which fees may be required.

    2.3 Account Holders acknowledge and agree that your use of DR Access Data, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service, shall be at your sole risk and responsibility and we shall have no obligation to back up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/ or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation if we deem, at our sole discretion, such data to be in violation of this agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation. For additional information regarding the retention and deletion of personal information, please refer to the DR Access Data Privacy Policy.

  3. Intellectual Property Rights and Ownership of Educational Data:

    3.1 Account Holder acknowledges that the Desired Results Access Project and its affiliates, including CDE, own all property rights to the “software” for DR Access Data, including any patent, copyright, trade secret, computer code or algorithms, or trademark and other proprietary rights. No title to or ownership of DR Access Data software or affiliated services and resources are transferred to the Account Holder.

    3.2 The Account Holder agrees that only the Desired Results Access Project shall have the right to alter, maintain, enhance or otherwise modify DR Access Data. Account Holders shall not attempt to disassemble, decompile or reverse engineer DR Access Data software, or allow or assist any third party to attempt to do the same.

    3.3 Ownership and control of information submitted by the Account Holder, including teacher identifiable information submitted to or stored on DR Access Data, are maintained by the Local Educational Agency (LEA) and the Account Holder as a representative of the LEA. Ownership of information submitted or stored on DR Access Data is not transferred to the Desired Results Access Project. All information submitted or stored on DR Access Data is the sole responsibility of the Account Holder. Account Holders may remove or delete any of the information submitted or stored on DR Access Data at any time. Account Holders may, at their own discretion, transfer content to a personal or alternative account.

  4. Data Privacy and Security:

    4.1 DR Access Data does not, nor is it intended to, collect or store student identifiable information beyond that required for local and state DRDP (2015) data submission. The Desired Results Access Project acknowledges that certain student data and personal information are restricted from disclosure by state and federal laws, including but not limited to The Family Educational Rights and Privacy Act (FERPA) (20 U. S. C. § 1232g; 34 CFR Part 99) and California’s Education Code Sections 49060 et. seq. Users acknowledge that they are subject to FERPA and the California Education Code and agree to maintain all records generated through participation in The Service consistent with the confidentiality mandates contained within these laws. Users of DR Access Data agree not to utilize the Servicer to store or otherwise disclose student identifiable information.

    4.2 In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), the DR Access Data, DR Access Project will never knowingly solicit, nor will we accept, personally identifiable information from DR Access Data users known to be under thirteen (13) years of age. Users under the age of 18 do not have permission to use or otherwise access DR Access Data.

    4.3 DR Access Data utilizes data security procedures to ensure student data is secure and confidential. DR Access Data is operated and hosted by the Desired Results Access Project at the Napa County Office of Education and its contractors. The Desired Results Access Project operates under a contract with CDE, SED. The CDE, SED approves the contract for DR Access Data and monitors the compliance of the Service in relation to applicable education code and state and federal data security statutory requirements. Additional information regarding data security and storage for DR Access Data can be made available upon request.

    4.4 The Desired Results Access Project maintains a clear data breach response plan for addressing the unauthorized use or disclosure of child records and agrees to comply with all laws and regulations requiring notification of individuals in the event of any unauthorized use, access and/or release of data including that outlined in California Civil Code Section 1798.82. In the event of a security breach involving personal information, the Desired Results Access Project will take prompt steps to mitigate the breach, evaluate and respond to the intrusion, and cooperate to assist Account Holders in efforts with respect to responding to the breach.

    4.5 The Desired Results Access Project agrees to disclose a breach of the security of DR Access Data in the event unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person or source. The disclosure will be made in the most expedient time possible, consistent with the needs of law enforcement, or measures necessary to determine the scope of the breach and restore the integrity of the data system, where possible within one (1) business day. Notification will be made to designated personnel at the Napa County Office of Education, including the Chief Business Officer. The Desired Results Access Project will comply with all laws and regulations requiring further security breach notifications, including notification of individual Account Holders and coordination with Account Holders and LEAs regarding notification of parents or legal guardians.

    4.6 Read and review the complete DR Access Data Privacy Policy.

  5. Third Party Use:

    5.1 Under no circumstances shall Account Holders permit any third parties, including third-party vendors, to access or use DR Access Data. The Account Holder shall not take any action to assist, facilitate or otherwise encourage access to DR Access Data by any third party.

    5.2 The Desired Results Access Project will not use or disclose Account Holder data for third-party advertising or any kind of first- or third-party behaviorally-targeted advertising to students or parents. Additionally, information collected directly from Account Holders using DR Access Data is never sold or rented to third-party vendors.

    5.3 Desired Results Access Project will not share education records, including Account Holder information with third parties except (i) as specifically directed by an Account Holders or (ii) to our service providers that are necessary for us to provide the Service. A list of our current essential service providers is maintained by the Desired Results Access Project and can be accessed online here: https://draccess.box.com/v/vendors. Account holders are encouraged to revisit this listing for updates or changes to essential service providers.

  6. Use of Data for Research Purposes:

    6.1 The Account Holder agrees that the Desired Results Access Project may periodically use records entered in DR Access Data for product development or research purposes. These activities will be reserved to those approved by or under the direction of the CDE, SED, and are to support the maintenance of DRDP assessment instrument and understanding of DRDP data, such as to identify areas of need of professional development. Data used for product development or to communicate study results will be de-identified and reported in aggregate form. De-identified data will have personal identifiers that would allow for the identification of a unique child or teacher removed. This includes, but is not limited to, student’s name, teacher’s name, and individual school identity. Data containing identifiable information will be destroyed when it is no longer needed for the purposes for which it was intended. De-identified data may be retained for purposes of on-going research and product development.

  7. User Support:

    7.1 The Desired Results Access Project will, at its sole discretion, provide support services in connection to DR Access Data and the Account Holder. Services may be provided by telephone help line, email, web or teleconference, updates, or otherwise.

  8. Disclaimer of Warranties:

    8.1 DR Access Data is provided “AS IS” and WITH ALL FAULTS. There are no warranties of any kind, express or implied, given or made with respect to DR Access Data. All representations and warranties are disclaimed, whether express or implied as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of DR Access Data, including any content contained therein. that DR Access Data will run uninterrupted or be error free with respect to the results to be obtained from use of any part of the Service.

  9. Indemnity and Limitation of Liability:

    9.1 Indemnity and Limitation of Liability. Account holder hereby indemnifies, defends, releases, discharges and holds harmless Desired Results Access Project from and against any claim, loss, damage or liability arising in connection with DR Access Data or this user agreement, including, without limitation:

    a. the availability, accuracy, damage or loss of data, software, hardware or other real, personal or intellectual property arising from or in connection with Desired Results Access Project Data System;

    b. any services or any defect, failure, delay in DR Access Data or any Services;

    c. any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not;

    d. any identity theft, fraud or other activity related to the login ID and/or password; and

    e. any disruption or suspension of Account Holder’s business, provided, however, that the foregoing indemnity, defense, release discharge and hold harmless shall not apply to the extent of willful misconduct on the part of the Desired Results Access Project.

    9.2 Miscellaneous. The Desired Results Access Project reserves the right to assign the rights and obligations under these Terms of Use for any reason and in Desired Results Access Project’s sole discretion, subject to FERPA, California’s Education Code, and the promulgated regulations which support these laws. If the Desired Results Access Project modifies these Terms of Use, then such modification shall take effect proactively, upon your subsequent access to the Service; you may print out a copy of these Terms of Use for your records. If any one or more provisions of these Terms of Use is found to be illegal or unenforceable, the remaining provisions shall be enforced to the maximum extent possible. These Terms of Use may not be waived, amended or modified in any way without the prior written permission of the Desired Results Access Project.

    9.3 Limitation of Rights: The Desired Results Access Project reserves any and all rights not expressly and explicitly granted under these Account Holder’s terms and conditions.

  10. Contact Us: You may contact us with questions or concerns with respect to these Terms of Use at the following:

    Email address: info@draccess.org

    Phone: (800) 673-9220

    Mail Address: 1450 Technology Lane, Suite 200, Petaluma, CA 94954

  11. Effective Date: The effective date of this User Agreement is January 01, 2021 and supersedes any prior versions of this agreement.
  12. Definitions: For ease of use, the following is a list of defined terms (additional capitalized terms are defined in our Terms of Use):

    a. Account Holder. The term “Account Holder” means the individual identified by the account and that serves as the primary contact person with respect to the Service. Account Holders are representatives of Local Educational Agencies (LEAs) and may refer to individual SELPA Directors and any additional account holder designated by the SELPA Director.

    b. Child. The term “Child” means an individual receiving educational instruction.

    c. De-Identified Information. The term “De-Identified Information” means information that meets each of the following criteria: the information: (i) does not identify a particular natural person; (ii) does not identify, by network Internet Protocol address, raw hardware serial number or raw MAC address, a particular device or computer associated with or used by a particular person; (iii) does not identify the school or natural person at issue by name or address; and (iv) is not reasonably linkable to a particular natural person or school because of technical, legal or other controls.

    d. FERPA. The term “FERPA” means the Family Educational Rights and Privacy Act, 20 USC §1232g, and the Protection of Pupil Rights Amendment, including associated regulations.

    e. Key Documents. The term “Key Documents” means, collectively: (i) this Terms of Use Policy; and (ii) the Privacy Policy.

    f. Privacy Policy. The term “Privacy Policy” means the privacy policy relating to the Service and Reports (DR Access Data Privacy Reports).

    g. Report. The term “Report” means those specific reports available in DR Access Data and other material and output generated by the Service based on Submitted Data.

    h. Student. The term “Student” means an individual receiving educational instruction and is interchangeable with “Child” for purposes of this document.

    i. Usage Information. The term “Usage Information” means information that does not directly identify a particular person, but that may be linkable to a particular computer or device (via a unique device ID or otherwise).

    j. You and Your. The term “you” and “your” means any User or Account Holder.

  13. Modifications: DR Access Data may alter or revise the terms of this agreement at any time. Modifications to these terms of this agreement may be provided to the Account Holder at the point of Account Holder log-in to the Service or by email to the Account Holder. If Account Holder does not accept the changes, Account Holder’s sole remedy shall be to discontinue Account Holder’s use of Desired Results Access Project Data System.
  14. Governing Law/Venue/Jurisdiction: The agreement shall be governed exclusively by laws of California without regard to its conflict of law provisions. In the event of dispute, the Account Holder shall submit to the exclusive jurisdiction and venue of the courts of California.
  15. Termination: Without prejudice to any other rights, the Desired Results Access Project may revoke and terminate this agreement for its convenience upon notice to Account Holder. In such event, the Desired Results Access Project may deny access to, and Account Holder must discontinue use of, DR Access Data and Services.
  16. Severability: Except as otherwise set forth in this agreement, the provisions of this agreement are severable, and if one or more of such provisions shall be determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected thereby and shall nevertheless be binding between the parties hereto. Any such invalid, illegal or unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objective of such provision or portion thereof within the limits of applicable law.
  17. Complete Agreement: The parties agree that this agreement is the complete and exclusive statement of the understanding between the parties with respect to the subject matter hereof which supersedes and merges all other prior proposals, understandings and agreements, oral or written, between the parties relating to the subject matter.
  18. Waiver: Any waiver, either expressed or implied, by either party or any default by the other in the observance and performance of any of the conditions and/or covenants of duties set forth herein shall not constitute or be construed as a waiver of any subsequent or other default.
  19. Read and Understood: Account Holder hereby acknowledges that it has read and understands this agreement and the Privacy Policy and agrees to be bound by the terms of each.
  20. Headings: The headings to the clauses and sub-clauses of this agreement are included merely for convenience and shall not affect the meaning of the language included therein.

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DRAccessData.org
Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO ABIDE BY THIS PRIVACY POLICY, YOU DO NOT HAVE PERMISSION TO USE THIS SERVICE.

  1. Your Agreement. DR Access Data (“DRAccessData.org”, “Data System,” “Desired Results Access Project,” “the Service,” “us,” or “our”) is a secure online data reporting and retrieval system developed by the Desired Results Access Project for the California Department of Education (CDE), Special Education Division. DR Access Data has been designed for Special Education Local Plan Area (SELPA) Directors (and authorized account holders) to support data reporting requirements for the Desired Results Developmental Profile (DRDP) (2015) assessment for students with disabilities. This privacy policy (the “Privacy Policy”) governs the privacy practices with respect to DR Access Data, which is accessible through a portal controlled and operated by the Desired Results Access Project.

    PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND DR ACCESS DATA CONCERNING YOUR USE OF THE SERVICE.

  2. Our Commitment to Privacy. The Desired Results Access Project has created DR Access Data in order to support the use and administration of the Desired Results Developmental Profile (DRDP) (2015) assessment for Special Education Local Plan Areas (SELPAs)1 in California. DR Access Data provides SELPA Directors and authorized account holders a suite of resources targeted toward this activity. The Desired Results Access Project believes that transparent and strong privacy practices foster this process, and DR Access Data provides this Privacy Policy in that spirit.
  3. The Scope of Our Privacy Policy. This Privacy Policy governs our privacy practices with respect to all personal information that you as an Account Holder submit or that DR Access Data collects in connection with the Service. This Privacy Policy governs not only our practices with respect to children’s personal information provided by Account Holders, but also with respect to the personal information of Account Holders.
  4. Our Commitment to Local Education Agency (LEA) Ownership and Control of Educational Records.

    4.1 Records submitted by the Account Holder, including student and teacher identifiable DRDP assessment information submitted to or stored in DR Access Data remain the property and under the control of the LEA and Account Holder (e.g.: SELPA Director) as a representative of the Local Education Agency (LEA). Ownership of identifiable information is not transferred to the Desired Results Access Project.

    4.2 Information submitted or stored on DR Access Data is the sole responsibility of the Account Holder. Account Holders may remove and delete any of the information submitted or stored on DR Access Data at any time. Account Holders may, at their own discretion, transfer content to a personal or alternative account. This process may be used to enable Account Holders to provide parents or legal guardians opportunity to review and correct personally identifiable information contained in their records.

  5. Our Compliance with Family Educational Rights and Privacy Act (FERPA), California’s Education Code and Federal Children’s Online Privacy Protection Act (COPPA).

    5.1 FERPA and Education Code Compliance. The Service is designed for Special Education Local Plan Area (SELPA) Directors (and authorized account holders) working with individuals from birth to age five years of age with Individualized Family Service Plans (IFSPs) and Individualized Educational Programs (IEPs). The Desired Results Access Project recognizes the sensitive nature of information contained in a school’s educational records. Users acknowledge that they are subject to FERPA and the California Education Code and agree to maintain all records generated through participation in The Service consistent with the confidentiality mandates contained within these laws.

    5.2 Consent from Schools under FERPA. Under certain conditions, FERPA and California’s Education Code permit a school to provide educational records (including those containing a child’s personal information) to certain service providers without requiring the school to obtain specific parental consent. FERPA and California Education Code permit this where the service provider acts as a type of “school official” by performing services with legitimate educational interests, for example, services that would otherwise be performed by the school’s own employees. The Desired Results Access Project fulfills the FERPA and California Education Code requirement for qualifying as a school official. The Desired Results Access Project refrains from re-disclosing or using personal information except for purposes of providing the Service to the Account Holder. Account Holders maintain control with respect to the use, maintenance, and ownership of the education records at issue (including associated personal information).

    5.3 COPPA Compliance. In accordance with Federal Children’s Online Privacy Protection Act (COPPA), The Desired Results Access Project will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age. Users under the age of 18 do not have permission to use or otherwise access DR Access Data. As noted, DR Access Data is a resource that Special Education Local Plan Area (SELPA) Directors (and authorized account holders) can use to support the use and administration of the DRDP (2015) assessment. In doing so, those using the Service may provide DR Access Data with personally identifiable information about its students under thirteen (13) years of age. DR Access Data uses that information to provide services to those using the Service, consistent with our Privacy Policy.

  6. The Types of User Information DR Access Data Collects. DR Access Data limits collection of personal information to no more than is reasonably necessary for you to use the Service. Specifically, DR Access Data collects the following types of information:

    6.1 Account Holder Information. DR Access Data collects registration information from an Account Holder when the Account Holder activates the applicable account (SELPA Director or SELPA designated account holder), and such information may include the Account Holder’s own first and last name, business address and phone number, email address and username;

    6.2 Child Information. DR Access Data collects information from an Account Holder about individual children when the Account Holder uses the Service. Information includes general program information and demographic information about children ages birth to five, with IFSPs or IEPs, receiving special education and related services from Local Educational Agencies (LEAs). These fields include but are not specifically limited to: a child’s first and last name, date of birth, gender, race, ethnicity, primary language, and IFSP or IEP eligibility (a complete list of data fields collected is available upon request).

    6.3 Child Assessment Information. DR Access Data collects assessment information provided by the Account Holder about DRDP assessment dates and DRDP (2015) assessment ratings on all measures from the DRDP (2015) assessment instrument for individual children.

    6.4 Usage Information. DR Access Data collects usage, viewing, analytics and technical data, including device identifiers and IP addresses, relating to your use of the Service.

    If the Desired Results Access Project discovers that the Service has collected information in a manner inconsistent with the requirements of FERPA, California’s Education Code, or in violation of the Terms of Use, the Desired Results Access Project will either (i) delete the information, or (ii) promptly seek requisite consents before taking further action concerning the information.

  7. How DR Access Data Collects Personal Information. DR Access Data collects personal information in the following ways:

    7.1 Registration. Account Holder provides personal information during the registration process.

    7.2 Service Use. DR Access Data collects personal information from the Account Holder during normal use and operation of the Service. DR Access Data collects information, for example, when users view or download content and when Account Holders are otherwise engaging in educational and other activities available through the Service.

    7.3 Technological Means. DR Access Data collects Usage Information through technology, such as cookies, flash cookies, and persistent identifiers. This collection of Usage Information takes place, for example, when an Account Holder accesses or uses the Service. Certain features (or all features) of the Service may be hosted on third party sites, and in those instances the collection activities described above are undertaken by this third party, under our direction and control and consistent with this Privacy Policy.

  8. How DR Access Data Uses Personal Information. DR Access Data uses personal information for the following purposes:

    8.1 To provide Account Holders with the content and features available through the Service including, but not limited to, the creation of SLEPA Certification Report and SELPA Summary Statistics;

    8.2 To communicate with Account Holders about the applicable account information, such as to send information about the Service’s features and, if applicable, changes to these features;

    8.3 To provide Account Holder support or resolve problems. Individual records may at times be viewed or accessed for the purpose of resolving a problem, support issue, or suspected violation of the Terms of Use, or as may be required by law.

    8.4 To detect, investigate and prevent activities that may violate our policies or be illegal; and

    8.5 To conduct on-going research of the statistical properties and assure the validity of the DRDP assessment instrument. The Desired Results Access Project may use records entered in DR Access Data for product development or research purposes in accordance with FERPA and California’s Education Code. These activities are reserved to those approved or directed by the California Department of Education, Special Education Division and are intended to support the maintenance of DRDP assessment instrument and understanding of DRDP data, such as to identify trends in the key domains of child development. Data used for product development or to communicate study results will be de-identified and reported in aggregate form. De-identified data will have personal identifiers that would allow for the identification of a unique child or teacher removed. This includes, but is not limited to, child’s name, teacher’s name, and individual school identity. Data containing identifiable information will be destroyed when it is no longer needed for the purposes for which it was intended. De-identified data may be retained for purposes of on-going research and product development.

    The Desired Results Access Project does not allow third-party vendors to collect personal information or Usage Information through persistent identifiers on Services for any purposes other than for our internal operations.

  9. DR Access Data Does Not Share Personal Information, Except in Specific, Limited Circumstances. The Desired Results Access Project uses personal information for our internal purposes only, with the following limited exceptions:

    9.1 The Desired Results Access Project will not share education records, including demographic or DRDP assessment data, with third parties except (i) as specifically directed by an Account Holder; or (ii) to our service providers that are necessary for us to provide the Service. A list of our current essential service providers maintained by the Desired Results Access Project can be accessed online here: https://draccess.box.com/v/vendors. Account holders are encouraged to revisit this listing for updates or changes to essential service providers.

    9.2 Education Records are not used or disclosed for third-party advertising or any kind of first- or third-party behaviorally targeted advertising to children or parents. Additionally, information collected directly from a child using DR Access Data is not used or disclosed for third-party advertising or otherwise sold or rented. Child records will not be made available to any third-party vendors once the contract is over or for purposes outside of those named in this agreement.

    9.3 The Desired Results Access Project may also disclose personal information: (i) in response to an authorized public agency, including a request by a children’s services agency or by the school at issue; (ii) if The Desired Results Access Project is directed to do so by an Account Holder in connection with an investigation related to public health and safety or the safety of a child, and in other cases if the Desired Results Access Project believes in good faith that disclosure is permitted or required by law.

  10. How the Desired Results Access Project Protects Personal Information and Ensures Data Security. The Desired Results Access Project employs and maintains appropriate technical, administrative and physical security measures to protect personal information collected through the Service from unauthorized access, disclosure, use or modification. Our information security controls comply with accepted industry practice, as well as requirements under FERPA and California’s Education Code. The Desired Results Access Project periodically reviews and tests our information security controls to keep them current. Please be advised, however, that while we strive to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for theft, destruction or inadvertent disclosure of your personally identifiable information. Our information security controls include the following:

    10.1 Training: The Desired Results Access Project regularly fulfills data security training for personnel as per specifications of the Napa County Office of Education and in compliance with requirements of California Education Code 49073 (AB 1584).

    10.2 Transport Security: DR Access Data uses Transport Layer Security (TLS) for the transmission of all data to and from DR Access Data.

    10.3 Secure Storage: DR Access Data uses industry standard file encryption for data that is subject to protection under FERPA. Where file encryption is not reasonably feasible, DR Access Data employs other industry standard safeguards, protections and countermeasures to protect data such as, but not limited to, secure portal file sharing.

    10.4 Data Breach Response: The Desired Results Access Project maintains a clear data breach response plan for addressing the unauthorized use or disclosure of child records and agrees to comply with all laws and regulations requiring notification of individuals in the event of any unauthorized use, access and/or release of data including that outlined in California Civil Code Section 1798.82. In the event of a security breach involving personal information, the Desired Results Access Project will take prompt steps to mitigate the breach, evaluate and respond to the intrusion and cooperate to assist Account Holders in efforts with respect to responding to the breach.

    The Desired Results Access Project agrees to disclose a breach of the security of DR Access Data in the event unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person or source. The disclosure will be made in the most expedient time possible, consistent with the needs of law enforcement, or measures necessary to determine the scope of the breach and restore the integrity of DR Access Data, where possible within one (1) business day. Notification will be made to designated personnel at the Napa County Office of Education, including the Chief Business Officer. The Desired Results Access Project will comply with all laws and regulations requiring further security breach notifications, including notification of individual account holders and to parents or legal guardians.

  11. Access and Control of Personal Information. Account Holders have access to their personal information, are able to print out reports containing such information, and are able to update this information in the manner permitted by the Service (For additional information about ownership and control of data see Section 4 above). Account Holders are able to access and update their own personal information. The Desired Results Access Project cooperates with and facilitates the Account Holder’s response to these requests for access to information and as required by law. The Desired Results Access Project will update and (where necessary) correct the personal information at issue, as requested by the Account Holder.
  12. Retention and Deletion of Personal Information. DR Access Data retains personal information for so long as reasonably necessary: (i) to permit Account Holder use of the Service; (ii) to ensure the security of Account Holders and the services; or (iii) as required by law or contractual commitment. After this period has expired, the Desired Results Access Project will securely delete the personal information from our systems. As an additional safeguard, after more than 18 months of inactivity in accessing DR Access Data an Account Holder’s account may be suspended requiring the Account Holder to re-initiate their account with the Desired Results Access Project support staff.

    Please understand that these deletion periods apply to personal information and do not apply to de-identified information. The Desired Results Access Project retains de-identified information in accordance with our standard practices for similar information and does not retain or delete such information in accordance with this Privacy Policy. In addition, if requested by an Account Holder, the Desired Results Access Project will delete from our systems the personal information of the Account Holder, including its teacher and child information (as applicable), as the Account Holder directs. Deleting information may prevent the Account Holder from engaging in some or all features of the Service.

  13. General.

    13.1 Miscellaneous. The Desired Results Access Project reserves the right to assign the rights and obligations under this Privacy Policy for any reason and in Desired Results Access Project’s sole discretion, subject to FERPA and California’s Education Code. If the Desired Results Access Project modifies this Privacy Policy, then such modification shall take effect proactively, upon your subsequent access to the Service; you may print out a copy of this Privacy Policy for your records. If any one or more provisions of this Privacy Policy is found to be illegal or unenforceable, the remaining provisions shall be enforced to the maximum extent possible. This Privacy Policy may not be waived, amended or modified in any way without the prior written permission of the Desired Results Access Project.

    13.2 Incorporation; Order of Precedence for Account Holders. With respect to Account Holders, the Terms of Use must be read in conjunction with this Privacy Policy, and the provisions of our Terms of Use are incorporated herein. This Privacy Policy and our Terms of Use constitute the entire agreement of Desired Results Access Project and Account Holders concerning this matter, and supersede all discussions, proposals, bids, understandings, agreements, invitations, orders and other communications, oral or written, on this subject. In the event of any inconsistency or conflict in any of the terms and conditions of this Privacy Policy and our Terms of Use, the inconsistency or conflict shall be resolved by giving precedence to the applicable term or condition (as unmodified), in descending order, to the following: (i) this Privacy Policy, and (ii) the Terms of Use.

  14. Definitions. For ease of use, the following is a list of defined terms (additional capitalized terms are defined in our Terms of Use):

    14.1 Account Holder. The term “Account Holder” means the individual identified by the account and that serves as the primary contact person with respect to the Service. Account Holders are representatives of Local Educational Agencies (LEAs) and may refer to Special Education Local Plan Area (SELPA) Directors and authorized account holders designated by the SELPA Directors.

    14.2 Child. The term “Child” means an individual receiving educational instruction or who is otherwise being assessed through the Service.

    14.3 De-Identified Information. The term “De-Identified Information” means information that meets each of the following criteria: the information: (i) does not identify a particular natural person; (ii) does not identify, by network Internet Protocol address, raw hardware serial number or raw Media Access Control (MAC) address, a particular device or computer associated with or used by a particular person; (iii) does not identify the school or natural person at issue by name or address; and (iv) is not reasonably linkable to a particular natural person or school because of technical, legal or other controls.

    14.4 The term “FERPA” means the Family Educational Rights and Privacy Act, 20 USC §1232g, and the Protection of Pupil Rights Amendment, including associated regulations.

    14.5 Key Documents. The term “Key Documents” means, collectively: (i) the Terms of Use; and (ii) this Privacy Policy.

    14.6 Report. The term “Report” means those specific reports available in DR Access Data and other material and output generated by the Service based on Submitted Data.

    14.7 Terms of Use. The term “Terms of Use” means the terms and conditions of use relating to the Service and Reports (Terms of Use: https://draccess.box.com/v/DataTermsOfUse).

    14.8 Usage Information. The term “Usage Information” means information that does not directly identify a particular person, but that may be linkable to a particular computer or device (via a unique device ID or otherwise).

    14.9 You and Your. The term “you” and “your” means any User or Account Holder.

  15. Contact Us. You may contact us with questions or concerns with respect to this Privacy Policy at the following email address: info@draccess.org<.
  16. Do Not Track. The Service does not change its behavior when receiving the “Do Not Track” signal from browser software.
  17. Effective Date. The effective date of this Privacy Policy is January 1, 2021 and supersedes any prior versions of this agreement.
  18. Revisions to the Privacy Policy. The Desired Results Access Project reserves the right to update or modify this Privacy Policy at any time. Modifications to this Privacy Policy may be given by posting such changes to DR Access Data website at DRAccessData.org, by email to the Account Holder or may be provided to the Account Holder at the point of Account Holder log-in to the Service. If Account Holder does not accept the changes, Account Holder’s sole remedy shall be to discontinue Account Holder’s use of DR Access Data.

1 The Desired Results System is an accountability initiative of the California Department of Education (CDE) developed to determine the effectiveness of its child development and early childhood special education services and programs. By using the Desired Results Developmental Profile DRDP (2015) assessment, the CDE assures that children enrolled in its infant and preschool programs benefit from those programs. CDE’s Early Learning and Care Division (ELCD) implements statewide assessment of children in its programs using the DRDP (2015). CDE’s Special Education Division implements the DRDP (2015) in Special Education Local Plan Areas (SELPAs) to comply with requirements of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) and the U.S. Department of Education’s Office of Special Education Programs (OSEP).

The following children must be assessed with the DRDP (2015):

It is the responsibility of the SELPA Director to assure that all children birth to five who receive special education services from Local Education Agencies (LEAs) participate in the Desired Results System.

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Essential Third-Party Services

The Desired Results Access Project may engage third-party companies to perform services on our behalf (e.g., e-mail service providers, database management and hosting, web analytics and other services). These third parties may therefore have access to your Personal Information. In general, the third-party providers used by us only collect and/or use your personal information to the extent necessary to allow them to perform the services they provide to us. This access is provided so that they may perform these tasks on our behalf and they are not authorized by us to otherwise use or disclose your Personal Information, except to the extent required by law. Certain third-party service providers may have their own privacy policies. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

Third Party Vendors Used by the Desired Results Access Project

Vendor

Primary Purpose

IBM Softlayer for Govt

Secure Data Storage

StreamSend

Communication / Announcements

Google Analytics

Usage statistics

California Dept of Education

Oversight / Monitoring

Box

Secure File Storage and Transfer

Genius

Learning Management System

Adobe Connect

Web Conferencing

Zoom

Web Conferencing

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