Terms of Use

Introduction
This website was developed under the State Fiscal Stabilization Fund (SFSF) and Race to the Top Program Monitoring contract (contract no. ED-ESE-10-0-0106), awarded to Westat, Inc. on September 15, 2010. The website is designed to report the APR data that was collected from Race to the Top grantees. It is offered as a convenience for users.  Please consult the About the APR section for further information about the APR, and consult the Definitions for information on the terms used on the APR Data Display website.

A user of the APR Data Display website should read the following website Terms of Use ("Terms") carefully. By using the APR Data Display website you agree to abide by these Terms. You also agree to use the APR Data Display website at your own risk subject at all times to these Terms. The U.S. Department of Education (Department) reserves the right, in our sole discretion, to change, modify, add, or remove portions of these policies and notices at any time. You should refer to this page often for the latest changes to these Terms.
 
Data on this Site
The majority of Race to the Top APR data are self-reported by grantee States.  The Department conducts a review of the data reported by grantee States for the Race to the Top APR and provides feedback to States, but it is ultimately States’ responsibility to verify and certify that their data are correct. The source of the data relating to the National Assessment of Educational Progress (NAEP) is the Institute of Education Sciences, National Center for Education Statistics (NCES).  NCES collects data from States based on specific definitions and norms. Additionally, NCES conducts an extensive review of these data and applies statistical techniques in order to ensure that they can be published and used in statistical analyses.

All data published by the Department are protected under the Family Educational Rights and Privacy Act (FERPA), which is a federal law protecting the privacy of student educational records. Any data that are determined to be potentially personally identifiable information (PII) will not be released by the Department. On the APR Data Display website, potential PII is suppressed. Suppressed cells are identifiable, as they contain symbols (e.g., <n, <3%, >97%) instead of values.
 
Appropriate Use of Data
The APR Data Display provides easy access to data reported by Race to the Top grantees.  However, it is important to note that Race to the Top grantees have unique Race to the Top plans.  Additionally, APR data are self-reported and there is variation in how States define and measure certain data elements. As a result, data should not be compared across states.  For example, student achievement data are defined differently in each State. Users who want to compare student achievement across States may want to consider the use of NAEP scores, which are standardized statistics created by NCES.  Additionally, the data for some data elements may not be complete.  We have provided the data reported to the Department by grantee States, including any additional information provided by the States for context.
 
Disclaimer of Endorsement
The APR Data Display website contains information and documents from Race to the Top grantees that may be useful to the reader. Inclusion of this information does not necessarily reflect the views of the APR Data Display website or the Department and is provided for the convenience of the reader. By including this information neither the APR Data Display website nor the Department endorses any products or services or views. The APR Data Display website or the Department will not assume or have any responsibility or liability for any information posted, or for any claims, damages, or losses resulting from the use or appearance of such information.
Information regarding research-based practices, models, or strategies should not be construed as an endorsement by the Department. The Department does not endorse specific activities, products, programs, or curricula.
The documents posted on the APR Data Display website may contain hypertext links or pointers to information created and maintained by other public and private organizations. These links and pointers are provided for the convenience of the reader. The inclusion of such links or pointers to particular items in hypertext is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.

Neither the APR Data Display Web site nor the Department endorses, supports or otherwise promotes any private or commercial entity or the information, products or services contained on those sites that may be reached through links on our site.
 
 
Linking Policy
The APR Data Display website provides links to other websites. Links may be provided in many ways, including by the APR Data Display website, the Department, and users of the site. When you leave our site, you may be going to sites that are beyond the Department’s control. The policies and procedures described here for the APR Data Display website do not apply to any external links. These other sites may send their own cookies to users, collect data, or solicit personal information. We encourage you to read the privacy policies of any site you link to from the APR Data Display website, especially if you share any personal information. The APR Data Display website does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked site.

The APR Data Display website and all users are prohibited from linking to any website or content that exhibits hate, bias, or discrimination. The APR Data Display website has no obligation to screen links or information in advance. However, both the APR Data Display website and the Department reserve the right to deny or remove, in whole or in part, any information or link that is, in its discretion, unacceptable.

The APR Data Display website does not warrant that the other sites linked to the APR Data Display website will operate error-free, are free of computer viruses, or other harmful mechanisms. If your use of the site results, directly or indirectly, in the need for computer servicing or replacement, neither the APR Data Display website nor the Department is or will be responsible for those costs.
 
Intellectual Property Rights
1. Third Party Materials
Information available on the APR Data Display website provided by outside organizations, authors, and other persons who are not employees of the APR Data Display website or the Department may be protected under copyright, trademark and other intellectual property laws of the United States, or other countries. It is the User's responsibility to obtain licenses or permissions from the appropriate persons to use or copy these materials. If you believe that any material included on the website constitutes copyright or trademark infringement, or you believe that any intellectual property rights have been otherwise violated, please provide the following information to the Office of the General Counsel at (202) 401-6000:

1. A description of the intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the website;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
4. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.

2. Use of Department Seal
Only the Secretary of Education and his or her designee(s) are authorized to affix the Department Seal, including any replicas or reproductions to documents, publications, electronic media, and any other materials. Any use or reproduction of the Department's Seal by any person or organization outside of the Department is prohibited absent prior express written authorization from the Assistant Secretary for the Office of Communications and Outreach at the Department. Requests to use the Seal should be made in writing to Assistant Secretary, Office of Communications and Outreach, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202. The request must specify in detail exactly how the Department Seal will be used. Any permission granted applies only to the specific use for which it was granted and is not to be construed as permission for any other use.

3. Use of Department Trademarks
Use of Department trademarks, service marks, and logos are prohibited without the Department's express written permission. Requests for permission to use Department logos may be obtained by contacting in writing: Office of the General Counsel, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202.
All users agree not to display any Department or government seals or logos on their homepage or elsewhere on their website, unless permission to do so has been granted by the Department or by other relevant federal government authority.
 
Privacy and Security Policy
The Department, Westat, Inc., and this website collect no personal information about you unless you choose to provide that information. If you want to know more about how we record nonpersonal information about your visit or how the Department and Westat, Inc. use information that you voluntarily submit, please read on.

1. Nonpersonal Information We Record
If you do nothing during your visit but browse through the website, read pages, or download information, our website's operating system will automatically record some general information about your visit. Visitors to this website who have JavaScript enabled, which is typically a default setting in most browsers, are tracked using Google Analytics and cookies, which are employed as Tier I – single-session web measurement and customization technologies, as defined by OMB Memorandum M-10-22. Google Analytics is used to provide aggregated statistics on how the website is used so that we may optimize the performance of the website for future releases. Google Analytics uses single-session cookies and collects IP addresses along with additional non-personal information. Google Analytics data is shared with Google as a condition of its use. To learn more about Google Analytics privacy, please visit http://www.google.com/intl/en/analytics/privacyoverview.html.

You may opt out of Google Analytics by disabling JavaScript within your browser or using the Google Analytics Opt-Out Browser Add-On. Disabling Google Analytics or JavaScript still permits you to access comparable information or services. To disable JavaScript, refer to your vendor's browser instruction guide (e.g., Internet Explorer, Mozilla Firefox).

2. Security and Intrusion Detection
For security purposes and to make sure this service remains available to all users, we use special software programs for monitoring network traffic to identify unauthorized attempts to upload or change information, or otherwise to cause damage to this government computer system. These programs collect no PII, but they do collect information that could help us identify someone attempting to tamper with this website.

If you use this system, you should understand that all activities may be monitored and recorded. Anyone using this system expressly consents to such monitoring. WARNING: If such monitoring reveals possible evidence of criminal activity, monitoring records may be provided to law enforcement officials. Except for authorized law enforcement investigations, we make no other attempts to identify individual users or their usage habits. We only use raw monitoring data logs for determining trends in usage patterns and in diagnosing system problems.

3. Information from E-mail You Send to Us
If you decide to send us an e-mail, the message will usually contain your return e-mail address. If you include PII in your e-mail because you want us to help you with a specific problem, we may use that information in responding to your request. Of course, you do not need to send us any PII in your e-mail. Also, e-mail is not necessarily secure against interception. Please send only information necessary to help us process your request.
 
Accessibility Statement
Section 508 was enacted to eliminate barriers to information technology, to make available new opportunities for people with disabilities, and to encourage the development of new technologies to help achieve these goals.
This law requires that all individuals with disabilities have access to information and data comparable to that which is available to individuals without disabilities.

The Department is committed to making its Web sites accessible to the widest possible audience, including individuals with disabilities. In keeping with its mission, ED complies by implementing the regulations of Section 508 of the Rehabilitation Act. At this time, the Race to the Top APR Data Display Website meets these requirements; however, the additional documents submitted by grantee States may not. If you cannot access the additional documents and require additional accommodations to do so, please contact: rtt@westat.com.
 
Disclaimers
1. Indemnification
Section 1341(a)(1)(B) of the Antideficiency Act prohibits the Department from entering into speculative or open-ended obligations in advance of funds being appropriated for that purpose. Therefore, the Department is prohibited from agreeing to indemnify any User from and against any and all claims, actions, losses, demands, costs, attorneys' fees and all other expenses relating to intellectual property rights, privacy rights, or other legal rights.

2. Governing Law
Liability of the Department for any breach or claim arising from these Terms shall be determined under the Federal Tort Claims Act, or other governing federal authority. Liability of any User for any breach or any claim arising from these Terms, shall be governed, interpreted, and enforced by applicable federal law.

3. Enforcement
You hereby acknowledge that the Department may seek any remedy available to it to enforce this agreement including, but not limited to, application of a court order. You agree to the federal courts of the District of Columbia as the exclusive forum to resolve any and all disputes arising under this agreement.

4. Severability
Each provision of this agreement is severable. If a court should find any provision of this agreement to be unenforceable, all other provisions of this agreement shall remain in full force and effect.
 
Duly Authorized
You hereby represent that you read this entire agreement carefully, know and understand the contents hereof, and agree to these Terms. You further represent that you are legally capable and authorized to enter into this agreement and to agree to these Terms. You also acknowledge that the Department has not offered any promises, agreements, or representations to you for the purpose of inducing you to agree to these Terms.
 
Questions
If you have questions about these Terms, please contact rtt@westat.com.