Memorandum of Understanding
THE INSTITUTE OF EDUCATION SCIENCES
U.S. DEPARTMENT OF EDUCATION
SUBJECT: Access by the ____________________________________________ to individually identifiable information acquired by the Institute of Education Sciences, protected under Section 183 of the Education Sciences Reform Act of 2002; Title V, subtitle A of the E-Government Act of 2002; and the Privacy Act of 1974.
The Institute of Education Sciences (IES) of the United States Department of Education has collected individually identifiable information, the confidentiality of which is protected by the Privacy Act of 1974 (5 U.S.C. 552a); Section 183 of the Education Sciences Reform Act of 2002 (PL 107-279); and Title V, subtitle A of the E-Government Act of 2002 (PL 107-347), and wishes to make the data available for statistical research and analysis purposes, but only if the data are used and protected in accordance with the terms and conditions stated in this Memorandum of Understanding (MOU).
The ________________________________________ (hereinafter referred to as the "Agency") and the Institute of Education Sciences (IES) agree that:
|I.||INFORMATION SUBJECT TO THIS MOU|
|A.||All data containing individually identifiable information collected by or on the behalf of IES under Section 183 of the Education Sciences Reform Act of 2002 (P.L. 107-279) and Title V, subtitle A of the E-Government Act of 2002 (P.L. 107-347) that are provided to the Agency and all information derived from those data, and all data resulting from merges, matches, or other uses of the data provided by IES with other data, are subject to this MOU and are referred to in this MOU as "subject data."|
|B.||Subject data under this MOU may be in the form of diskettes, CD-ROMs, or hard copy. The Agency may only use the subject data in a manner and for a purpose consistent with:
|II.||INDIVIDUALS WHO MAY HAVE ACCESS TO SUBJECT DATA|
|A.||There are three categories of individuals that the Agency may authorize to have access to subject data. The three categories of individuals are as follows:
|B.||The Agency may disclose subject data to only seven (7) P/TS unless IES provides written authorization for a larger number of P/TS.|
|III.||LIMITATIONS ON DISCLOSURE|
|A.||The Agency shall not use or disclose subject data for any administrative purposes nor may they be applied in any manner to change the status, condition, or public perception of any individual regarding whom subject data is maintained.|
|B.||The Agency shall not disclose subject data or other information containing, or derived from, subject data at fine levels of geography, such as school district, institution, or school, to anyone other than IES employees working in the course of their employment or individuals for whom access is authorized under this MOU. The Agency shall not make disclosures of subject data to individuals other than those specified in this paragraph unless those individuals have executed an Affidavit of Nondisclosure and the Agency has obtained advance written approval from IES.|
|C.||The Agency shall not make any publication or other release of subject data listing information regarding individuals even if the individual respondent identifiers have been removed.|
|D.||The Agency may publish the results, analysis, or other information developed as a result of any research based on subject data made available under this MOU only in summary or statistical form so that the identity of individual respondents contained in the subject data is not revealed.|
|A.||The research conducted under this MOU and the disclosure of subject data needed for that research must be consistent with the statistical purpose for which the data were supplied. The subject data may not be used to identify individual respondents for recontacting unless the Agency has obtained advance written approval from IES.|
|B.||Execution of Affidavits of Nondisclosure:
|C.||Notification regarding authorized individuals to IES:
|D.||Publications made available
|E.||The Agency shall notify IES immediately upon receipt of any legal, investigatory, or other demand for disclosure of subject data.|
|F.||The Agency shall notify IES immediately upon discovering any breach or suspected breach of security or any disclosure of subject data to unauthorized parties or agencies.|
|G.||The Agency agrees that representatives of IES have the right to make unannounced and unscheduled inspections of the facilities of the Agency, including any associated computer center, to evaluate compliance with the terms of this MOU and the requirements of Section 183 of the Education Sciences Reform Act of 2002 (P.L. 107-279); Title V, subtitle A of the E-Government Act of 2002 (P.L. 107-347); and the Privacy Act of 1974 (5 U.S.C. 552a).|
|A.||Maintenance of, and access
to, subject data:
|B.||Retention of subject data:
The Agency shall return to the IES all subject data or destroy those data under IES supervision or by approved IES procedures when the statistical research that is the subject of this MOU has been completed or this MOU terminates, whichever occurs first.
|C.||Compliance with established
The Agency shall comply with the Security Procedures described in this MOU.
|A.||Any violation of the terms and conditions of this MOU may subject the Agency to immediate abrogation of this MOU by IES, and the requirement of the return of all subject data and related materials.
|B.||Any violation of this MOU may also be a violation of Federal criminal law under the Privacy Act of 1974 ( 5 U.S.C. 552a); Title V, subtitle A of the E-Government Act of 2002 (P.L. 107-347); and/or section 183 of the Education Sciences Reform Act of 2002 (P.L. 107-279). Alleged violations under the 183 of the Education Sciences Reform Act of 2002 and Title V, subtitle A of the E-Government Act of 2002 are subject to prosecution by the United States Attorney. The penalty for violation of section 183 of the Education Sciences Reform Act of 2002 and Title V, subtitle A of the E-Government Act of 2002 isa fine of not more than $250,000 and imprisonment for a period of not more than five (5) years.|
|VII.||PROCESSING OF THIS MOU|
|A.||This MOU shall be for a period of five (5) years. If before the expiration of this MOU, the IES Director establishes regulatory standards for the issuance and content of MOU, the Agency agrees to comply with the regulatory standards.|
|B.||This MOU may be amended, extended or terminated by mutual written agreement between the Agency and the IES Director. Any agreement must be signed by the Senior Official (designated in VII.C), the PPO (designated in VII.D) and the IES Director and is effective on the date that all required parties have signed the agreement.|
|C.||The Senior Official (SO) having the legal authority to bind the Agency to the terms of the MOU shall sign this MOU below. The SO certifies, by his/her signature, that:
Signature of Senior Official
Name (Print) Title
Date _______________ Telephone: (____)__________
The individual described in paragraph II.A.1. and VII.C.3. as the PPO, shall sign below.
The Director of the Institute of Education Sciences or Designee concurs in this MOU and authorizes the access of the Agency to the subject data. This is effective as of the date of the IES Director or Designee's signature below.
MOU Control Number: ____________________
(Assigned by IES)