DG-2024-0011 AG MARICOPA FINAL DRAFT.PDF

Maricopa County — Formal (2024-09-25)

Extracted text (via pymupdf) 32801 characters

Data Sharing Agreement
#DG-2024-0011
Between the Arizona Department of Education
and Maricopa County, by and through the Maricopa County
Attorney’s Office
This Data Sharing Agreement (Agreement or DSA) is made by and between the Arizona
Department of Education (ADE) and Maricopa County, by and through the Maricopa County
Attorney’s Office (the Agency).
A. Parties:
ADE is a state educational agency, authorized to collect and maintain student educational
records and to receive information from local educational agencies consistent with
applicable state and federal laws and subject to the Family Educational Rights and
Privacy Act (FERPA), 20 U.S.C. § 1232g(b) and 34 CFR Part 99. Consistent with
FERPA, ADE may disclose personally identifiable information (PII) from students’
education records to its authorized representative without written consent in connection
with the audit or evaluation exception of FERPA pursuant to 20 U.S.C. 1232g(b)(1)(C),
(b)(3), and (b)(5) and 34 CFR §§ 99.31(a)(3) and 99.35. Additionally, ADE is permitted
to re-disclose data pursuant to 34 CFR § 99.33 on the condition that the party it discloses
the data to will not re-disclose the data unless a valid FERPA exception applies.
ADE is led by the Superintendent of Public Instruction. The Superintendent is required to
make a report to the legislature and governor each year. The report must include “plans
for the management of schools” and “other information related to the educational
interests of this state as he deems expedient.” Arizona Revised Statutes (A.R.S.) § 15-

ADE- Maricopa County Attorney’s Office Data Sharing Agreement- Audit & Evaluation
Agreement Drafted Using Guidance for Reasonable Methods and Written Agreements (ed.gov)
Nokia BFCM Campaign Execution Planning (raymarshallcenter.org)

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255(B)(11)-(12). The Superintendent is tasked with directing the “performance of
executive, administrative or ministerial functions” of ADE and its employees; thus ADE
enters into this Agreement pursuant to this direction and in accordance with A.R.S. §15-
251(5).
The Agency is Maricopa County acting through the Maricopa County Attorney’s Office,
which performs the duties as described under A.R.S. §§ 11-531 et seq.
B. Purpose and Description of Maricopa County Attorney’s Investigation

The purpose of this Agreement is to formally designate the Agency as its authorized
representative, as that term is defined in FERPA. 20 U.S.C. §§ 1232g(b)(3) and (5), 34
C.F.R. §§ 99.31(D)(9)(i) and (9)(iii)(a).
(9) (i) The disclosure is to comply with a judicial order or lawfully issued
subpoena.
(iii) (a) If an educational agency or institution initiates legal action against
a parent or student, the educational agency or institution may disclose to
the court, without a court order or subpoena, the education records of the
student that are relevant for the educational agency or institution to
proceed with the legal action as plaintiff.
The Agency acknowledges that it will receive student data and information that will include
PII and that the Agency is responsible for safeguarding the confidentiality of that data and
information in accordance with the terms of this Agreement, FERPA, and all other federal
and state law.
C. PII and Other Confidential Data That Will Be Disclosed:
Investigative materials, files, and data contained therein. ADE will provide at minimum
the data described below in a spreadsheet.
• Date Submitted
• Application ID
• Applicant (Parent)
• Applicant email
• Student name
• Date of Birth (DOB)
• Application Type
• Funds Gained/ordered
• Application Status
• BC State
• BC Confirmed as forged? Y / N
• POR Type

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• ADE Case #
• Notes
Other documentation will be provided upon request such as:
• Administrative- ESA Application
• Application Status History
• Uploaded Documents
• Signed Contracts
• Student Analysis Report (SSID)
• ClassWallet Expenses
• Correspondence with the Account Holder

D. Policies and Procedures Consistent with FERPA and Other Federal and State Laws:
To affect the transfer of data and information that is subject to state and federal
confidentiality laws and to ensure that the required confidentiality of PII shall always be
maintained, the Agency agrees that it will:
1.
Comply with the provisions of FERPA, 20 U.S.C. § 1232g, and regulations at
34 CFR Part 99, and all applicable state laws regarding confidentiality of
student data;
2.
Any data in this agreement that is covered by Part B or Part C of the IDEA is
also subject to FERPA and any applicable FERPA exceptions pursuant to 34
CFR § 300.622 and 34 CFR 303.414, respectively;
3.
Protect the data provided under this Agreement to the same extent that the
Agency safeguards like information of its own, and to ensure that such data is
not copied, reproduced or transmitted, except in accordance with 20 U.S.C. §
1232g(b);
4.
Use the data provided under this Agreement for no other purpose than that
described herein;
5.
Use reasonable technical, administrative and physical controls to protect the
data provided under this Agreement from further disclosures and other uses,
except as provided in 34 CFR § 99.33;
6.
Promptly report in writing to ADE if it becomes aware of any use or disclosure
of the data that is not permitted by this Agreement or by law. This written report
shall provide as much specific information as possible regarding the nature of
the violating use or disclosure, the information used or disclosed, the identity of
the person who used the data or made the disclosure, the corrective action the
Agency has taken or will take to prevent further disclosure, including any
mitigation, and any other information requested by ADE;
7.
The Agency will establish and follow procedures consistent with FERPA and
Arizona law to ensure the protection of any and all PII provided under this
Agreement. To effectuate this provision, the Agency agrees to:

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a. Limit access to the data provided under this Agreement only to those
authorized persons who have a legitimate interest in the data;
b. Require all employees, contractors and agents who have access of any
kind to the data provided under this Agreement to comply with this
Agreement, FERPA, and applicable Arizona law;
c. Maintain all data received pursuant to this Agreement in a secure manner,
separate from all other data files, and not copy, reproduce, or transmit data
obtained pursuant to this Agreement except to its own agents acting for or
on behalf of ADE and as necessary to fulfill the purposes described herein;
d. Not disclose any data provided under the Agreement or any addenda to it
in any manner that could identify any individual student, except as
authorized by FERPA;
e. Conduct its work in a manner that does not permit the personal
identification of students or parents by anyone other than representatives
of the Agency with legitimate interests in the information.

E. Data Accuracy:
The data provided in the course of this DSA are the most accurate and complete data
available. The ADE cannot ensure absolute accuracy of all records and fields as the
source data belongs to schools / Local Education Agencies. Some records and or
variables may include incorrect or incomplete data. Wherever possible, the ADE will
inform the Agency as to any systematic problems or concerns regarding the data.
Data that has been manipulated by the Agency is the responsibility of the Agency.
F. Policies and Procedures Consistent with Privacy and Security standards

The parties acknowledge that the Arizona Department of Administration was mandated
to develop, implement, and maintain statewide security policies and standards (A.R.S. §
18-105).

The statewide policies and standards apply to ADOA-ASET and all other State of
Arizona Budget Units. A State of Arizona Budget Unit is defined as a department,
commission, board, institution, or other agency of the State receiving, expending, or
disbursing state funds or incurring obligations of the State; including the Arizona Board
of Regents but excluding the universities under the jurisdiction of the Arizona Board of
Regents, the community college districts and the legislative or judicial branches. A.R.S. §
18-101. The Budget Unit chief executive officer (CEO), working in conjunction with the
Budget Unit chief information officer (CIO), shall be responsible for ensuring the
effective implementation of Statewide Information Technology Policies, Standards, and
Procedures (PSPs) within each Budget Unit.

Notwithstanding the foregoing, if the Agency is not a State of Arizona Budget Unit, the
Agency is still expected to support Arizona Department of Homeland Security (ADOHS)

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Security and Privacy compliance and therefore shall adhere to statewide security policies
and standards.

If the Agency is found not to be in compliance with the statewide policy and standards,
ADOHS will be available on a time and materials basis, to assist the Agency in achieving
compliance. If the Agency chooses not to reach or maintain compliance with these
standards, termination of service with ADE may result.

https://azdohs.gov/information-technology-it-policies-standards-and-procedures
G. Artificial Intelligence (AI) Prohibitions:

Consistent with State policy, the Agency is prohibited from using State of Arizona
Materials or Data in generative AI queries for building or training proprietary generative
AI programs unless explicitly approved in advance by the State in writing.
H. Effective Date and Term of Agreement:
This Agreement shall take effect upon its signing by all parties, can be executed in parts,
and shall remain in effect until June 20, 2029, unless terminated, canceled, or extended
as provided herein. This Agreement may be canceled upon 30 days written notice by
either party.
This Agreement may only be amended by a writing signed by both parties. Amendments
cannot extend the agreement beyond five years from the starting date of the agreement.
The agreement cannot be amended within six (6) months of the termination date.
I. Agreement Termination:
The ADE may terminate this Agreement immediately and without notice if it perceives
any violation of the terms of this Agreement. If the Agency breaches the terms of this
Agreement, the ADE will terminate the agreement and no longer provide data to the
Agency. In this event this Primary Agreement is terminated, the Agency shall return or
destroy any PII in its custody or control immediately.
J. Restrictions on Use:
The Agency will use the data provided under this Agreement for no purposes other than
those described herein.
The Agency agrees not to redisclose to a third party any data obtained pursuant to the
Agreement unless expressly authorized to do so by ADE in writing prior to such
disclosure.

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The Agency agrees that all representatives who will come in contact with the data
provided under this Agreement will sign and abide by the Non-Disclosure Agreement in
Appendix B.
K. Method of Sharing Data:
Once this Agreement is signed by all parties, data sharing will occur in one of the following
ways. Select one option.
☒ a. The ADE will send data files(s) via secure file delivery system sharing (e.g.,
BisCom)
☐ b. The ADE will provide a unique username and password for the approved
persons to access a virtual computer. Data files cannot be removed without written
permission from ADE. ADE periodically conducts data audits, during those times,
access may be paused for 2 to 3 business days. If researchers leave or join the project,
the Agency needs to notify ADE within 1 to 3 business days. The Agency needs to
provide NDAs for the new researcher(s) and request new username(s). Virtual access
will be terminated at the end of the DSA agreement, all files stored on ADE virtual
computers will be deleted. ADE reserves the right to charge, and the Agency agrees
to pay, reasonable fees and costs associated with sharing the data.

☐ c. In-person access at the ADE building supervised by ADE staff.
If applicable, the ADE Empowerment Scholarship Account and Associate Superintendent
John Ward have agreed to support this request.
L. Security Breaches or FERPA Violations:
The Agency shall be responsible for notifying the ADE in the event of any unauthorized
access or possible data breach within one business day of discovery.
If the ADE believes the Agency has violated FERPA, ADE shall conduct a breach
investigation and may contact the U.S. Department of Education’s Student Privacy Policy
Office.
M. Data Destruction:

Upon termination of this Agreement, the Agency shall no longer have access to ADE
data.
If the Agency received data files via secure file transfer (see Section K) shall provide
ADE a notarized or certified statement (see Appendix C) affirming that it has destroyed
all data and related documents, not including publications/reports reviewed by the ADE,
provided to it under the terms of this Agreement. Such statement shall be provided to the
ADE no later than 20 calendar days after termination of the Agreement.

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In the event that the Maricopa County Attorney’s Office cannot destroy the data at the
conclusion of the agreement, Maricopa County Attorney’s Office will advise ADE that it
will retain the documents. The Maricopa County Attorney’s Office will be responsible to
maintaining the PII consistent with state and federal law.
If the Agency has Virtual Access to ADE data (see Section K), the Agency will have
access to the files during DSA agreement and at end of agreement all work product will
be deleted. The username and password will be terminated at the end of the Agreement.
The ADE will send notice to the Agency three (3) months prior to the agreement’s
expiration date to prepare for the data destruction process.
Please refer to https://azdohs.gov/information-technology-it-policies-standards-and-
procedures 8250 Media Protection.
N. Authorized Signatory and Notice:
The ADE and the Agency designate the following individual as an authorized signatories
for each party. These individuals or their properly designated designees or successors
must execute any related amendments to this Agreement. The information regarding the
signed Agreement will be posted on ADE’s website. Notice under this Agreement shall
be given to:
Arizona Department of Education

_____________________________
Date________
John Ward
Associate Superintendent Sponsor
Arizona Department of Education

_____________________________
Date________
Margaret Dugan
Deputy Superintendent
1535 W. Jefferson St.
Phoenix, AZ 85007

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MARICOPA COUNTY:

__________________________________________
___________________
Jack Sellers; Chairperson,

Date
Maricopa County Board of Supervisors

_____________________________________

___________________
Rachel Mitchell

Date

ATTEST:

By: __________________________________

___________________
Maricopa County Clerk

Date

APPROVED AS TO FORM:

By: __________________________________

___________________
Deputy County Attorney

Date

APPENDIX A

Applicable Privacy Regulations

Put in X in
the boxes
that apply
Regulation
Description

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FEDERAL REGULATIONS

x
7 CFR 246.26
WIC Confidentiality Provisions
X
20 CFR 603,
Federal-State Unemployment Compensation (UC)
Program; Confidentiality and Disclosure of State
UC Information
X
34 CFR Part 99
- 20 USC 1232g
- Family Educational Rights and Privacy (FERPA)
- Family Educational and Privacy Rights
X
34 CFR 361.38
Protection, Use and Release of Personal Information
(Special Education and Rehabilitative Services,
Dept. of Ed.)
X
42 CFR Part 2
- Authority: 42 USC 290dd-2
- Confidentiality of Substance Use Disorder Patient
Records
- Confidentiality of Records
X
42 CFR 403.812
HIPAA Privacy, Security, Administrative Data
Standards, and National Identifiers
X
42 CFR 431.300-431.307
Safeguarding Information on Applicants and
Beneficiaries (Medicaid/medicare)
X
42 CFR 493.1231
Lab-patient confidentiality
X
45 CFR Part 160 and Subparts A and
E of Part 164
- Note: 42 USC 201
- Health Insurance Portability and Accountability
Act (HIPAA)
- Definitions
X
45 CFR 155.260 and 280
MARS-E
X
5 U.S.C. 552a
Privacy Act of 1974
X
18 U.S.C. 1030
Fraud and related activity in connection with
computers
X
42 U.S.C. 247b-4(a)
Early Detection, Diagnosis, and Interventions for
Newborns and Infants with Hearing Loss

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X
42 U.S.C. 280e
National Program of Cancer Registries
X
42 U.S.C. 679 et seq
Collection of Data Relating to Adoption and Foster
Care
X
42 U.S.C. 1320b-7
Income and Eligibility Verification System
X
42 U.S.C. 1396(a)(7))
State Plans for Medical Assistance
X
42 U.S.C. 2000aa
Privacy Protection of 1980
X
42 U.S.C. 5101, et seq.
Child Abuse Prevention and Treatment and
Adoption Reform
X
Education Sciences Reform Act of
2002

X
Individuals with Disabilities
Education Act of 1975

X
Internal Revenue Code, Title 26 of
USC

X
IRS Publication 1075
Tax Information Security Guidelines For Federal,
State and Local Agencies
X
Office of Management and Budget
Memorandum M-17-12 (?)
Preparing for and Responding to a Breach of
Personally Identifiable Information
X
Pub.L. 107-347
E-government Act of 2002
X
Public Law No. 100-235 (H.R. 145) Computer Security Act of 1987

ARIZONA STATUTES,
REGULATIONS AND POLICIES

X
P8110 Data Classification Policy
System security vulnerabilities
X
P8110 Data Classification Policy
Generated security information
X
P8110 Data Classification Policy
Information regarding current deployment,
configuration, or operation of security products or
controls

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X
A.R.S. §12-2291, A.R.S. §12-2292,
A.R.S. §36-445.04, A.R.S. §36-404,
A.R.S. §36-509, A.R.S. §36-3805
Medical records

X
A.R.S. § 15-103(T)

State board of education’s records during an
investigation of school district financial
mismanagement
X
A.R.S. § 15-107(M)

State board of education’s records during an
investigation of school district overspending
X
A.R.S. § 15-141
Educational records
X
A.R.S. § 15-213 (A)(2)(d)
School district construction bids
X
A.R.S. § 15-241(C)
School accountability, annual achievement profile
X
A.R.S. § 15-241.01(J)
State board of education’s investigation records
about management of school district affairs
X
A.R.S. § 15-350
Investigation records of employee immoral or
unprofessional conduct
X
A.R.S. § 15-537(J)
Certification and Employment of Teachers, teacher
evaluations
X
A.R.S. § 15-551(A)
Pupil’s name and testimony in disciplinary hearing
X
A.R.S. § 15-741(F)
Student standardized test results requested by
education agency
X
A.R.S. § 15-1042(I)
Records of student level data
X
A.R.S. § 15-1045(A)
Pupil’s personal information
X
A.R.S. § 15-1638(A)
Non-profit healthcare institution records on an
individual’s treatment or nongovernmental
proprietary information
X
A.R.S. § 15-1640(A)
University’s intellectual property or trade secrets,
historical records and donor records

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X
A.R.S § 15-1875(R)
College Savings Plan, personal information of
account holders and beneficiaries
X
A.R.S. § 15-1881(C)
Fingerprinting form for post-secondary health
sciences programs
X
A.R.S. § 15-1911(H)
Interstate Commission minutes and documents of
closed meetings
X
A.R.S. §36-135
Child immunization Data
X
A.R.S. §36-133
Chronic disease information
X
A.R.S. §36-664, A.R.S. §36-666
Communicable disease information
X
A.R.S. §36-568.01, A.R.S. §36-
568.02
Developmental disabilities service records
X
A.R.S. §36-2220
Emergency medical service patient records
X
A.R.S. §12-2801, A.R.S. §12-2802
Genetic testing records
X
A.R.S. §36-160
Home health service records
X
A.R.S. §36-756.01
Midwifery patient records
X
A.R.S. §36-2221
State trauma registry
X
A.R.S. §36-727
Tuberculosis control court hearing information
X
A.R.S. §36-342
Vital Records
X
Payment Card Industry Data Security
Standard (PCI DSS) v3.2.1
Card Holder Data (CHD) including Primary
Account Number (PAN), Cardholder Name,
Expiration Date, and Service Code
X
A.R.S. §44-1373
Credit card, charge card or debit card numbers,
retirement account numbers, savings, checking or
securities entitlement account numbers
X
A.R.S. §41-1959]
Child Protective Services records
X
A.R.S. §41-619.54
Criminal history record information

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X
A.R.S. §41-1750
Criminal Justice Information
X
A.R.S. §41-4273
Critical Infrastructure/Fuel Facility Reports
X
A.R.S. §39-123, A.R.S. §39-124
Eligible Persons
X
Risk Assessment and State Audit
Record
Risk Assessment and State Audit Record
X
A.R.S. §41-1279.05
Auditor General Records
X
A.R.S. §39-126
Federal risk assessments of infrastructure
X
A.R.S. §41-4172
Personal Identifying Information (except as
determined to be public record)
X
A.R.S. §44-1373
Social Security Number
X
A.R.S. §42-2001 et al.
Taxpayer Information State, Federal Tax
Information (FTI) and other
X
A.R.S. § 44-315
Unclaimed Property Information
X
Licensing, Certification, Statistics
and Investigation Information (of a
sensitive nature)
Licensing, Certification, Statistics and Investigation
Information (of a sensitive nature)
X
A.R.S. §36-2161
Abortion reports
X
A.R.S. §36-3503
Child Death Records
X
A.R.S. §36-2523
Controlled substance records
X
A.R.S. §36-2220
Emergency medical service investigation records
X
A.R.S. §41-1482
Employment discrimination information
X
A.R.S. §36-2917
Health Care Cost Containment Records
X
A.R.S. §36-3295
Health Care Directives Registry Information
X
A.R.S. §36-2403, A.R.S. §36-404
Health care entity licensing information
X
A.R.S. §36-2810
Medical Marijuana Records

Page 14 of 19

X
A.R.S. §36-445, A.R.S. §36-445.01
Medical practice review
X
A.R.S. §36-446.10]
Nursing home certification records
X
A.R.S. §36-2604
Prescription information
X
A.R.S. §39-125
Archaeological discoveries
X
A.R.S. §38-507
Attorney General opinions
X
A.R.S. §42-2001
Tax Examination guidelines
X
A.R.S. §41-3452
Vehicle information
X
A.R.S. §41-361
Attorney-Client Privileged Information
X
A.R.S. §6-129
Bank Records
X
Intellectual Property laws
Trade secrets and proprietary information
X
Management and Support
Information
Management and Support Information
X
Other records protected by law
Other records protected by law

Page 15 of 19

APPENDIX B

State of Arizona
Department of Education
Non-Disclosure Agreement

The Arizona Department of Education (“ADE”) enters into this Non-Disclosure Agreement
(“Agreement”) with PII Reviewer of Maricopa County Attorney’s Office for Criminal
Investigations.
PII Reviewer

Phone Number:

Email Address:

Work Address:

A copy of the approved proposal will be kept on file at the ADE.
By signing below, PII Reviewer, who has access to confidential data, acknowledges and agrees:
1. That you have received a copy of ADE’s Redaction Rules and will comply with the same;
2. To abide by the terms of the Data Sharing Agreement “DSA”
3. That you have completed formal Family Educational Rights and Privacy Act (“FERPA”)
training through a qualified institution (e.g., https://studentprivacy.ed.gov/training/ferpa-101-
educational-agencies);
4. To obtain the necessary human subject institutional review board (IRB) approval (if required)
by your institution or organization before assessing the data shared by ADE per data sharing
agreement;
5. To access and use the data shared by ADE per data sharing agreement only for criminal
investigation;
6. That you will use the confidential data for only the purpose(s) criminal investigation;
7. That you will not redisclose the PII in the results of your data analysis.
8. Not to attempt to identify individuals or publicly release confidential data;

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9. That you understand that you must only access the data shared by ADE per DSA through a
secure server of your organization;
10. To ensure that all research conducted and all generated research products (including but not
limited to papers, abstract, PowerPoint presentations, publication, etc.) using the data sharing
by ADE are compliant with FERPA, which explicitly means no information will be released
that could identify individuals;
11. To ensure that all output using the data shared by ADE are compliant with the ADE Masking
Guidelines & Techniques;
12. To never publicly release results or output that has not been approved for release by ADE;
13. To request the ADE review and approve all research products generated using confidential
data prior to any public release;
14. To report, as soon as possible, any known or suspected breach of confidentiality, including
the removal or inappropriate sharing of data, to the Director or Database Administrator of the
ADE;
15. The use of data provided by ADE can be suspended based on any violation of this contract or
risk of unauthorized disclosure of confidential information;
By signing this Agreement, PII Reviewer agrees to comply with applicable ADE and FERPA
regulations and requirements. By signing this Agreement, PII Reviewer further agrees to use
all information reviewed, observed, or received only for the purposes of the data request and will
maintain all reviewed, observed, or received information in the strictest confidence.

______________________________

___________
PII Reviewer Signature

Date

Arizona Department of Education
____________________________________
___________
Margaret Dugan

Date
Deputy Superintendent
Arizona Department of Education
1535 W. Jefferson St.
Phoenix, AZ 85007

Page 17 of 19

APPENDIX C

CERTIFICATE OF DATA DESTRUCTION

Required of All Projects Receiving Data from the Arizona Department of Education under a
Written Data Sharing Agreement [insert number]

In accordance with the provisions of the Data Sharing Agreement (DSA) [ or Memorandum of
Agreement (MOA)] executed on [insert date] and modified on [insert date] between the Arizona
Department of Education and [insert organization], the data files and all related information
described below were destroyed as required in Section [insert section] of the Agreement and in
accordance with the approved Data Destruction Plan.

________________________________
Date destruction completed.

Description of records destroyed.

File name
File description
Inclusive dates
covered
Storage Type
Insert original
files and any
copies made on
separate lines
Describe the categories of
data that will be stored
within this type (use data
appendix in MOA for
reference)

Office Equipment,
Mobile Devices,
Paper, External
Locally Attached
Hard Drives

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Method of destruction
Storage Type
Destruction
Category
Destruction
Definition
Provide details on
methods
Office Equipment,
Mobile Devices,
Paper, External
Locally Attached Hard
Drives
Clear, Purge,
Destroy, Other
Insert relevant
information from
Appendix A of
NIST Guidelines
Please describe
specifics of how data
files were destroyed
from this media type

We certify that the data files and destruction methods listed comply with all requirements of the
agreement.
We certify that all copies of the files listed and described, in all media, and by all individuals
with access have been destroyed in the manner indicated.
The person/people signing this document is/are authorized to execute this document on the
behalf of the requesting party.
Signed:

___________________________________________

[Insert name of Principal Investigator]

Date

____________________________________________
[Insert Title of Entity/ person requesting data]

Page 19 of 19

Signed:

____________________________________________

[Insert name of Witness]

Date

____________________________________________
[Insert title of Witness]

When signed, please submit this certification to datarequestmailbox@azed.gov