SCHOOL PARTICIPATION AGREEMENT OECD TEST FOR SCHOOLS (BASED ON PISA) This School Participation Agreement consists of: (i) an Order Agreement; and (ii) Additional Terms specific to the OECD Test for Schools based on PISA ( Agreement ). For purposes of this Agreement, School as used herein shall mean any school, school district, school division, or diocese. For convenience of the procurer/school, multiple schools may be accommodated under this single Agreement, using Attachment A. This Agreement is contingent upon the continued collaboration with the OECD for the Test as defined herein. ORDER AGREEMENT 1. Order Agreement. School expressly agrees to accept these Terms and Conditions in connection with any order, in any form and in any medium for the OECD Test for Schools (based on PISA) the Test. School s order and these Terms and Conditions shall be collectively referred to as the Order Agreement. The Terms and Conditions of this Order Agreement may not be excluded, modified, or amended in any way by School, including by School s ordering documentation, order form, purchase order or otherwise, unless expressly agreed to in writing by an authorized signatory for CTB. School accepts the terms and conditions of this Order Agreement effective immediately upon School(s) submitting to CTB an order through CTB s registration system. a) Test. Test as used herein shall mean the OECD Test for Schools (based on PISA) and any ancillary materials including but not limited to a copy of the School Coordinator s Manual, Student Tracking List. b) School s Qualification. The Test may only be used for educational assessment purposes within an education institution that meets the qualification requirements and will indicate its basis for such qualification in Section D below of the Additional Terms Specific to the OECD Test (page 9, below). 2. Payment. Please check one of the following: a) Funding for the assessment* will be provided by one of the following organizations: America Achieves Charter School Growth Fund Innovate+Educate National Alliance for Public Charter Schools Other if so, name: School is not receiving funding as provided above. Therefore, School is responsible for payment of all assessment services and any Additional Fees, as provided in this section. * Note: Payment of additional fees, as described under Additional Terms Specific to the OECD Test for Schools Based on PISA, Section C., What is Required of Participating Schools, Page 1 of 13
Paragraph 5, Additional Fees will be the sole responsibility of the school, not the funding organization. b) All prices and quotations are Net 30 days. F.O.B. shipping point. No discount is granted for cash payments. Materials and services will be invoiced separately. Shipping and handling charges and applicable state and local taxes are prepaid by CTB and added to each invoice. This Agreement is contingent upon the continued collaboration with the OECD for the Test as defined herein. c) School agrees that CTB/McGraw-Hill may disclose School s name as one that is or may be a participant in the OECD Test for Schools Based on PISA to the National Center for Educational Statistics (NCES) and the organizations listed in 2.a., above for research purposes. 3. Use of Tests. CTB/McGraw-Hill develops assessments with appropriate validity evidence to support specified inferences about student achievement. The OECD Test for Schools is designed to provide school-level results for international benchmarking and school-improvement purposes. The OECD has accredited CTB/McGraw-Hill ( CTB or MHE ), a subsidiary of McGraw-Hill Education ( MHE ) to be responsible for the administration of the test and the quality assurance procedures related to the test administration for participating schools. CTB assumes no responsibility for the use of the Tests for purposes other than those for which they have been validated. 4. Disclaimer of Warranties. SCHOOL ASSUMES ALL RESPONSIBILITY FOR: (A) DETERMINING THAT THE TEST MEETS THEIR NEEDS; AND (B) USE OF THE TEST. CTB/MCGRAW-HILL AND MCGRAW-HILL EDUCATION DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TEST, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. IN NO EVENT SHALL CTB/MHE BE LIABLE TO SCHOOL OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE TEST. SCHOOL S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY DEFECT IN THE TEST SHALL BE, IN CTB/MHE S SOLE DISCRETION, THE RETURN, REPLACEMENT, REFUND OF PURCHASE PRICE, OR CREDIT. IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON CTB/ MHE, THOSE ENTITIES CUMULATIVE LIABILITY TO CLIENT SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF THE FEES PAID BY SCHOOL TO CTB/MHE FOR THE TEST DURING THE PREVIOUS TWELVE (12) MONTHS. 5. Indemnification To the extent permitted by law, School agrees to hold harmless, indemnify and defend CTB from and against any and all claims, charges, demands, damages, losses, expenses / liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by CTB directly or indirectly by reason of any third party claims that may arise as a result of use or Page 2 of 13
misuse by School of the Test or Materials or any act or omission that the School commits in breach of this Agreement. 6. Confidentiality and Intellectual Property. The Test contains secure test material and other confidential material protected by local, United States, and foreign laws and treaties relating to trade secrets, copyright, trademark and other intellectual property laws. School, its employees, students and agents agree to comply with the confidentiality restrictions and security protocols established by CTB for use of the Test. School must keep all Tests secure, must release them only for an authorized and appropriate use, and return all Tests including test materials to a secure area. School must protect the privacy of testing information and results and agrees to comply with all applicable laws in the country where the Products are being used; and all applicable state and U.S. laws regarding the privacy of student information including the Children s Online Privacy Protection Act (COPPA) and Family Education Rights and Privacy Act (FERPA) as more specifically set forth in Paragraph 9 herein. 7. School further agrees to comply with Standard 8.6 of the Standards for Educational and Psychological Testing: Test data maintained in data files should be adequately protected from improper disclosure. Use of facsimile transmission, computer networks, data banks, and other electronic data processing or transmittal systems should be restricted to situations in which confidentiality can be reasonably assured. 8. School will not, without the express written consent of CTB, disclose to unauthorized parties the Test, in whole or in part, or otherwise infringe upon the intellectual property contained in the Tests, or access or use the Tests, except as explicitly authorized by all applicable terms and conditions of this Order Agreement. No part of CTB s products, tests, related materials (including but not limited to data layouts of e-materials), software and other products and services may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system. CTB software may not be decompiled, reverse engineered, or disassembled. 9. Confidential Student Information Collection and Use. CTB enters into this Agreement on the understanding that CTB is a service provider to the School, that School is the data controller, and that the School is familiar with and agrees to be solely responsible for compliance with the Children's Online Privacy Protection Act of 1998 ( COPPA ), the Family Educational Rights and Privacy Act ( FERPA ) and the US Department of Education's implementing regulations at 34 CFR Part 99, and all other applicable laws, rules or regulations concerning the collection, use and disclosure of student information required to take the Test (the School Information ), all of the aforementioned collectively referred to herein as "Applicable Law". Page 3 of 13
9. Contd. Confidential Student Information Collection and Use a. Additionally, the School assumes sole responsibility for: (i) obtaining verifiable prior parental consent to collect and share Personally Identifiable Information of anyone under the age of 13, who is an Authorized User of any CTB online service and/or services of any CTB third party service provider, as required under Applicable Law; (ii) providing a reasonable means for parents to review School Information as required by Applicable Law; (iii) providing any notice required by Applicable Law; and (iv) establishing and maintaining reasonable procedures to protect the confidentiality, security and integrity of the School Information. b. CTB, as vendor for the School, will also establish and maintain reasonable procedures to protect the confidentiality, security and integrity of School Information actually received by CTB pursuant to this Agreement. 10. Resale and Distribution Restrictions. School may not resell or distribute the Products to third parties without a Reseller or Distribution License from CTB/McGraw-Hill which CTB/McGraw-Hill may or may not grant in its own discretion. 11. Force Majeure. Either party may be excused from performance of an obligation under this Order Agreement in the event that performance of that obligation by such party is prevented by an act of God, including an act of war, terrorism, riot, fire, explosion, flood or other circumstance that is beyond the reasonable control of, and could not reasonably be avoided by, such party. 12. Applicable Law. This Agreement shall be governed by the laws of the state of New York without regard to conflict of laws principles. 13. Order of Precedence. In the event of a conflict between the terms and conditions of this Order Agreement and any order form or other related documents, the terms and conditions of this Order Agreement shall prevail. Page 4 of 13
Additional Terms Specific to the OECD Test for Schools (based on PISA) The School or School District ( School ) agrees to and acknowledges these very important obligations regarding the OECD Pisa-Based Test as follows: A. About the OECD Test for Schools (Based on PISA ) The OECD Test for Schools (based on PISA) is a student assessment that is linked to the knowledge base of the Organisation for Economic Cooperation and Development s (OECD) internationally recognized Programme for International Student Assessment (PISA). While the international PISA assessment is intended to provide aggregate national results for international comparisons and to inform policy discussions, the OECD Test for Schools is designed to provide school-level results for benchmarking and school-improvement purposes. It allows schools to assess and benchmark their students proficiency in reading, mathematics, and science and to benchmark their performance against that of their peers in their country as well as in some of the world s top-performing schools. B. What CTB will Provide for Your School 1. CTB will provide a comprehensive report that benchmarks the performance of your students against peers in the United States and around the world, based on administration of psychometrically valid, proctored assessments to a scientifically sampled set of your School s eligible students. 2. Throughout your School s participation in the OECD Test for Schools, CTB will provide all of the support and services necessary for successful test registration, standardized administration, analysis, scoring and reporting of the results. CTB will work directly with your School to 1) identify the population of eligible students at your School and the statistically sampled subset (if applicable) of students who will participate in the assessment; 2) schedule your School s administration of the assessment based on your preferences and the availability of the required resources; 3) provide and collect all test materials under secure conditions; and 4) provide sufficient numbers of test administrators to ensure that OECD Test for Schools required administration conditions are met at your School. You will also be provided with a designated point of contact / support throughout the test administration set up and implementation process. This point of contact, along with the support of your assigned Test Administrator(s), will enable your School to be prepared for a smooth administration on your chosen testing day. 3. Once test administration is complete, CTB will conduct the analysis and scoring of your School s completed tests and prepare individual and comprehensive school reports. A sample report is provided for your reference on the OECD website at: http://www.oecd.org/pisa/pisa-basedtestforschools/ Page 5 of 13
C. What is Required of Participating Schools 1. In order to support valid and reliable test results, CTB will require your school, through a designated School Coordinator and the support of your school s leadership, to work with our teams in the critically important areas of student sampling and general set up for, and implementation of the test administration. Each school will designate employees or agents from the School or District who can receive and distribute the electronic reports. Individuals, who are not authorized in advance in written instruction to CTB from the school, will be required to initiate such authorization in order to receive electronic reports. a. Electronic Reports Receipt: School designates the following individual to receive School s electronic reports: Name: Email: Telephone Number: b. Electronic Reports Receipt: School designates the following district contact to receive School s electronic reports. Name: Email: Telephone Number: 2. Your school agrees to provide the following through CTB s Registration and Test Administration Systems and processes: a. At the time of registration (www.ctb.com/oecdtest ) you agree to provide: i. Billing and shipping information for the school ii. School Coordinator: First and last name, e-mail address, and daytime phone number. Note: The School Coordinator serves as the liaison between your school and CTB s Program Associate to prepare for and facilitate the Test. The School Coordinator is responsible for secure file sharing, typically via a Designated Data Sharing Support Person (see 2.a.iii., below). The Coordinator is also responsible for providing information about your School s testing logistics in a timely manner. Page 6 of 13
iii. iv. Designated Data Sharing Support Person: First and last name, e-mail address, and daytime phone number. Note: The school-selected Data Sharing individual is responsible for data sharing and secure file sharing in support of the School Coordinator. Principal or Assistant Principal contact information v. Preferred test dates (3) ( Test Date(s) ) vi. vii. viii. ix. Total student enrollment count for the entire school, sorted by grade Total student enrollment count of 15 year olds (definitions provided during registration) (see 3.b., below). Logistical information regarding testing at your school (see 3.c., below). Number of rooms available for testing, offering at least 3 feet of space between each test taker. x. PO Number and identify if the school is receiving funding from an educational foundation or other organization (see 2.a., below). xi. xii. Signed Participation Agreement. School Qualification as either 1) a school district in the United States; and/or 2) a school that qualified under one of the five Qualification standards set forth in Section D, page 9 School Qualification Statement. b. At least 8 weeks prior to the week of the agreed Test Date, you must provide CTB with a list of all 15-year-old students who are eligible to participate, based on the criteria outlined in the registration materials. You agree that if you do not provide the list at least 8 weeks prior to the Test Date your delay will impact: (a) the reliability of the data; (b) the validity of reports and; (c) the scheduled date of testing. Further, you agree that CTB may, as a result, charge a Service Fee of $200. c. At least 3 weeks prior to the week of the agreed Test Date, you must complete the Assessment Planning, Participation and Logistics Survey to provide CTB with the details needed to effectively train the test administration staff about your school. You agree that if you do not complete the survey at least 3 weeks prior to the Test Date your delay will impact: (a) the reliability of the data; (b) the validity of reports and; (c) the scheduled date of testing. Further, you agree that CTB may charge a Service Fee of $200. Page 7 of 13
4. In addition, your School agrees to: i. Work with your assigned CTB point of contact and Test Administrators to plan appropriate facilities and materials availability for your test administration ii. iii. iv. Manage parental permissions for the sample provided by CTB consistent with applicable FERPA, state, and school regulations Maintain the physical security and taped security seals for all of the assessment materials delivered to your school. Make payment to CTB as indicated in the online registration process. Registered Schools shall remain primarily liable for total payments to CTB but CTB will accept payments from funding organizations as agreed to in the separate Funding and / or Recruitment Agreements. 5. Additional Fees v. Upon registration with CTB, allow CTB to disclose your name, to Funding Foundations, Recruitment Organizations and other PISA related organizations involved in PISA testing and recruitment for the OECD Test and related services, as a school that has registered for this Test and services to avoid duplicative recruitment activity and any potential conflicts with the PISA testing in the US. vi. Comply with the Standard Assessment Procedures of Attachment B. a. CTB may charge the following additional Service Fees: i. $500 for each additional test administrator needed to administer the test over the standard two test administrators provided per school; ii. $200 for late delivery of the Complete Eligible Student List (see 2 b., above) iii. $200 for late completion of the Assessment Planning, Participation and Logistics survey. (See 2 c., above). iv. Cancellation Except for reasons of force majeure, as set forth in Paragraph 10 of the Order Agreement herein, you agree to give CTB 10 business day s prior written notice of cancellation ( Cancellation Notice ). In the event that such Cancellation Notice is not given to CTB, you will be charged a cancellation fee of $750. Page 8 of 13
D. School Qualification Statement School acknowledges that: (i) the Tests may only be used for educational assessment purposes within an educational institution; and that (ii) those eligible to order the Test are: 1. State-approved or accredited schools or colleges and/or related government procurement agencies placing orders on (or accompanied by) an official purchase order or official letterhead with a purchase order number. 2. State-approved or accredited schools funded by an educational foundation or similar organization such as: a) America Achieves; b) Charter School Growth Fund; c) Innovate + Educate; d) National Alliance for Public Charter Schools; or e) INSERT OTHER ORGANIZATION NAME IF NEEDED 3. Teachers who indicate they are also the schools test administrators, or who provide a signed approval from their schools test administrators, and remit a purchase order with the school s name and address on it. 4. Members of qualified professional organizations who indicate their current membership statuses on their order forms. (Qualified professional organizations in the US are: (i) the American Educational Research Association; (ii) the American Psychological Association; (iii) the American Speech, Language, and Hearing Association; (iv) the National Association of School Psychologists; and, (v) the National Council on Measurement in Education.) 5. Agencies and organizations serving groups of home schools when their order is accompanied by an approval by a local or state school official. For security and embargo reasons, home school agencies may not purchase or use the Test. [CTB suggests that home schools have their students tested in public or private schools or in an approved testing center.] Individual home schools are not eligible to order the Test. Please check one of the following: We meet one of the qualifications listed above: (circle one) D.1. D.2. D.3. D.4. D.5. We do not meet any of the above qualifications, and we understand that we will be considered ineligible to purchase the Test without formal written authorization of CTB. Page 9 of 13
E. Complete Agreement. This School Participation Agreement is the complete agreement between School and CTB/McGraw-Hill LLC with respect to its subject matter and replaces all prior oral or written communications, agreements or understandings between the parties regarding its subject matter and may be modified only by written Amendment signed by an authorized signatory for CTB. IN WITNESS THEREOF, the parties hereto have executed this Agreement, which shall be effective as of the date on which this Agreement has been executed by both the School and CTB. CTB/McGraw-Hill LLC School / School District Name Authorized Signatory Authorized Signatory Print Name and Title Print Name and Title Date Date Page 10 of 13
ATTACHMENT A LIST OF SCHOOL OR SCHOOLS ORDERING THE TEST UNDER THIS AGREEMENT Name and Address of School(s) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Page 11 of 13 Rev. 9/17/2014 5:55 PM
ATTACHMENT B Standard Assessment Procedures Schools agree to the following Standard Assessment Procedures which are also included as part of the Assessment Plan. Please retain a copy of this for your reference during the test administration. School will make announcements and agrees to do everything possible to get students to the testing room. MHE Test Administrator will have access to the testing materials and the testing room 1.5 to 2 hours prior to start time of the Test. The MHE Test Administrator may need to reach someone on the morning of testing (due to weather-related issues, traffic accidents, or any urgent delay etc.); a name and contact phone number (preferably cell phone) of the key contact must be provided to MHE. School will confirm the test materials have arrived. Upon receipt of the test materials, School will NOT open the boxes. The boxes will remain sealed and will be placed in a secure location. The School Coordinator will be responsible for maintaining test security. Maintaining strict test security ensures that no one has an unfair advantage on the assessment. All Test materials must be accounted for and stored in a secure and locked location before and during testing. School will ensure that students have access to rulers, calculators, and #2 pencils with good erasers for the testing. o Students should have these supplies, whether the school asks them to bring their own or they are provided by the school. The school will want to have a small supply for students who forget. CTB may provide if needed. o Any type of calculator is acceptable, such as four-function, scientific, or graphic. Students will not be turned away if they do not have a calculator; however, they should have them. o Students may not use the calculators on their phone. Reading Materials: If a student finishes a test session early before the break, students will be instructed to sit quietly until the break. Students may quietly read books or magazines; however students will not be permitted to use electronic devices or do homework during the test. o The school should supply Reading materials to use before the breaks or request the students to bring their own. School will follow MHE s recommended restroom escort policy that only one student at a time can use the restroom during the Test and during breaks. Page 12 of 13 Rev. 9/17/2014 5:55 PM
In case of emergency, the MHE Test Administrator should be the last to leave the room and the first to return, in coordination with the School. The doors should remain locked during any emergency that requires evacuation of the testing room or school. A separate testing location may be required for accommodated students who require a small group setting. School agrees to provide one school staff member for each small group to be trained in the administration of the OECD test. The staff member must be willing to participate in a brief training which will include a discussion with MHE Region Manager and viewing a short pre-recorded webinar. Students will not be permitted to use electronic devices or do homework during the Test. They must sit quietly or read until the end of the Test session if they finish the Test before the end of the Test Session School must identify whether students can leave early after they are finished with testing. If students are allowed to leave early and there is a pass required by the school, school must supply. School should determine if students must stay until all testing is complete; MHE will comply as needed. School agrees to identify at least two test proctors (school staff) to assist the MHE Test Administrator with light proctoring which may include monitoring students during testing, responding to general questions, restroom escorting and maintaining security procedures at the school. The School staff proctors are not Test Administrators; Only the MHE Test Administrator is permitted to read instructions and open / seal Test Materials. Page 13 of 13 Rev. 9/17/2014 5:55 PM