Privacy and Security Policies and Procedures

Cal-PASS Plus is an initiative that collects, analyzes and shares student data in order to track performance and improve success from preschool through college and into the workforce. Cal-PASS Plus represents a new approach to improving education. Through the Cal-PASS Plus project, leaders involved in the education to workforce pipeline can learn the answers to questions such as:

Cal-PASS Plus is a simple and very practical approach that helps educators and stakeholders:

California school districts (Pre-K through high school), community colleges, colleges and universities are participating in this partnership.

Cal-PASS Plus operates with funding from the State of California under a grant from the California Community Colleges Chancellor’s Office as well as several grants by local foundations. The Cal-PASS Plus website is operated on behalf of the California Community Colleges Chancellor’s Office (CCCCO). Cal-PASS Plus and the CCCCO are committed to protecting your privacy and the personal information collected via this website. This privacy policy applies solely to the Cal-PASS Plus website and does not apply to any other websites that you may be able to access from this website, each of which may have data collection, storage and use practices and policies that differ materially from this privacy policy. By using this website, you agree to this privacy policy, and consent to the data practices described herein.

The protection and privacy of student academic records is governed by the Family Educational Right to Privacy Act (FERPA) at the federal level and under the California Code of Regulations at the state level.

Appendix A of this document contains the complete text of FERPA. Below is an excerpt from The Family Educational Right to Privacy Act (Buckley Amendment) that covers Cal-PASS Plus activities.

Cal-PASS Plus exceeds the privacy requirements of FERPA because personally identifiable student record information is not being disclosed in the data sharing process; however, assuming that personally identifiable student information was being transferred, such transfer is allowed by FERPA in 20 U.S.C. Section 1232g(b)(1)(F). That subsection reads in relevant part that education records may be released to "organizations conducting studies for, or on behalf of educational agencies or institutions for the purpose of . . . improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted."

The sole purpose of Cal-PASS Plus is to carry out the transfer and exchange of student academic data for the purpose of improving instruction. Student academic data is sent to Cal-PASS Plus, which shares it with institutions that are identified via the governing MOU and data-sharing agreement. MOU-holding partners use the data to study student achievement as it relates to a variety of variables, such as level of courses taken within a given discipline; academic grades achieved; test scores; and other data which is used to evaluate the effectiveness of the institution's instructional programs. Analysis of Cal-PASS Plus data is also used by the sharing institutions to assist in identifying bright spots and scaling best practices, to inform placement practices and to align educational programs with labor market demand. Notwithstanding the foregoing, the actual process used by Cal-PASS Plus is such that no personally identifiable data is retained once the submitted data has been loaded into the data warehouse. This file submission takes place over SSL-encrypted protocol and files are never stored on our web servers (not even temporarily). They are immediately deposited into the secure storage, not accessible via Internet. It is more secure than FTP (SFTP, or FTPS).

When institutions choose to submit data through our validator system, the sending institution encrypts all data before it is sent to the Cal-PASS Plus server. This process is accomplished through Cal-PASS Plus encryption software that is downloaded and run on the institution's computer. The information received by CalPASS Plus is identified only by a series of digits and letters in which no name or social security number could be identified. Names and social security numbers do not exist in the data set. Each student's set of data becomes an anonymous set identified by the identification number that is created by the encryption software. Thus, the data is anonymous and personally identifiable information is not being transferred.

When institutions choose to submit data through our drag and drop loader, the sending institution submits their files to the Cal-PASS Plus server via a Secure Socket Layer connection. All personally identifiable information is removed by the Cal-PASS Plus loader program and the original submitted files are encrypted and stored only until the load program completes the process of adding the new information to the Cal-PASS Plus data warehouse. No personally identifiable information is retained once the submitted data has been loaded into the data warehouse.

All access to data (in the aggregate or unitary records) is based on the Data Sharing Agreement attached to the participating institution’s MOU.

The Cal-PASS Plus project is committed to ensuring the privacy and maintaining appropriate confidentiality standards for all students and institutions participating in Cal-PASS Plus.

When data are submitted by a Cal-PASS Plus member for inclusion in the main database, certain safeguards and rules apply.

Prior to submission and at the Cal-PASS Plus member site, a Cal-PASS Plus data validation software program replaces all student identifiers with a pseudo ID and creates upload files that appear as simply a string of numbers and letters. No personally identifiable information is transmitted to the Cal-PASS Plus server. All records are transmitted to the repository server via Secure Socket Layer with a user ID that is an alphanumeric, case sensitive, 10-character password. The Cal-PASS Plus servers employ application level security, Windows level security and database level security for access into the data repository.

The sending institution submits their files to the Cal-PASS Plus server via a Secure Socket Layer connection. All personally identifiable information is removed by the Cal-PASS Plus loader program and the original submitted files are encrypted and stored only until the loader program completes the process of adding the new information to the Cal-PASS Plus data warehouse. No personally identifiable information is retained once the submitted data has been loaded into the data warehouse. All records are transmitted to the repository server via Secure Socket Layer with a user ID that is an alphanumeric, case sensitive, 10-character password. The Cal-PASS Plus servers employ application level security, Windows level security and database level security for access into the data repository.

Occasionally, a Cal-PASS Plus participant may require assistance from the Cal-PASS Plus Database Administrator to troubleshoot a problem in the creation of the submission file. This often requires the participant to send their working file for identification of the problem. If the participant is unable to utilize the File Upload feature to transmit the file, in order to employ a secure transmission of the file(s), a password protected folder is created on a secure FTP site for the participant to submit the file. The Database Administrator retrieves the submitted file(s), places them in a secure location behind the firewall for debugging and deletes them from the FTP site.

Cal-PASS Plus member data submissions may be made in a number of ways: a) using the Cal-PASS Plus data validation software program, and submitted electronically via secure FTP technology (SFTP); or b) using the Cal-PASS Plus drag and drop loader, and submitted electronically via a Secure Socket Layer connection. At no time will Cal-PASS Plus accept member data submission files on disc, CD, DVD, or other media (i.e.: a flash drive).

All Cal-PASS Plus participants agree to adhere to the following data sharing guiding principles.

1. Data Ownership – Each school, community college and university retains the right to its own data. The sharing institutions can claim no right to ownership of data produced for research allowed via data sharing agreements. Moreover, institutional members of the sharing institutions are permitted access to data for uses that improve instruction and increase student success.

2. Data Uses - Information produced using Cal-PASS Plus data is primarily for internal institutional use.

3. Review for External Reporting – Every member will be contacted for approval before any data is externally released. Members will have the right to provide input on which data will be released and in what form.

4. Sensitivity to Members - Any reports utilizing Cal-PASS Plus data shall not disadvantage any member institution.

5. Confidentiality Safeguards - No individual person will be identified in any report. Each member will maintain as confidential all data received from any other member. Each party will establish at least the safeguards set forth in this guiding principle to ensure the continued confidentiality and security of the student data and to preclude the personal identification of students or their parties by persons other than designated officials of the institution. All student records will be kept in secure facilities. Any information published in any form by Cal-PASS Plus will not have the potential to identify individual students. Each institution will comply with all provisions of the Family Educational Rights and Privacy Act and applicable California law concerning the privacy of student records. The confidentiality requirements of this guiding principle shall survive termination or expiration of the data-sharing agreement/MOU. All student data transmitted to and retrieved from the Cal-PASS Plus server shall be maintained (processed, stored, and transmitted in a secure manner) to further protect the confidential nature of the data.

There is no personally identifiable information retained by Cal-PASS Plus or stored on the Cal-PASS Plus server. No names, addresses or Social Security Numbers are transmitted or stored by Cal-PASS Plus

All access to Cal-PASS Plus data whether in unitary record format or in the aggregate is controlled with a User ID and password. When an MOU is signed (usually by a District Superintendent or College President), a Program Contact and IT contact are identified. User IDs and passwords can also be provided to verified users from the member institutions.

Login access to all Cal-PASS Plus servers is controlled by the full time SJDC Data Center and Cal-PASS Plus staff that have a signed confidentiality statement on file.

Currently, there are a maximum of 12 years of data in the Cal-PASS Plus system. When fully implemented, a rolling 17 years of data will be stored on the Cal-PASS Plus server. Records older than 17 years will be destroyed in accordance with the State of California protocols for destruction of electronic data.

(i) financial records of the parents of the student or any information contained therein;

(ii) are maintained by an educational agency or institution or by a person acting for such agency or institution.