Student Predictive Analytics Services docs

Dear Mr. Feathers:

This email acknowledges receipt by West Chester University of Pennsylvania of your written request for records under the Pennsylvania Right-to-Know Law (65 P. S. §§ 67.101 et seq.,) ("RTKL"). Your request was received by West Chester University's Open Records Officer on September 5, 2023. Therefore, under the RTKL, a written response to your request is due on or before September 12, 2023. This email is provided pursuant to that requirement.

You are hereby notified that, for the reasons in section 902 (a) (4) of the RTK law, a legal review which is necessary to determine whether the record is a record subject to access under this act precludes a response within the required time period. Hence, this agency will require up to an additional 30 calendar days, i.e., up to October 12, 2023, in which to provide a final written response to your request.

Todd E. Murphy, Open Records Officer
Office of the Vice President for Finance and Administration
201 Carter Drive, Suite 200, Room 202
West Chester University of Pennsylvania
West Chester, PA 19383

Fax: 610-738-0314
Email: righttokno@wcupa.edu<mailto:righttokno@wcupa.edu>

Dear Mr. Feathers:

West Chester University is diligently processing your Right-to-Know request related to student predictive analytics services information. Currently, the University is still compiling and reviewing the relevant material and redacting where appropriate.

We are writing to you because a timely response to the request for access cannot be accomplished for the reasons in section 902 (a) (3) & (7) of the RTK law, bona fide and specified staffing limitations and the extent or nature of the request precludes a response within the required time period.

Because of these factors, I am writing to ask that you allow the University an additional extension until October 26, 2023 to respond fully to your request.

Please let us know your response as soon as you are able.

Thank you.

Todd E. Murphy, Open Records Officer
Office of the Vice President for Finance and Administration
201 Carter Drive, Suite 200, Room 202
West Chester University of Pennsylvania
West Chester, PA 19383

Fax: 610-738-0314
Email: righttokno@wcupa.edu<mailto:righttokno@wcupa.edu>

Dear Mr. Feathers:

This email acknowledges receipt by West Chester University of Pennsylvania of your written request for records under the Pennsylvania Right-to-Know Law (65 P. S. §§ 67.101 et seq.,) ("RTKL"). This email is provided pursuant to that requirement.

Your request:

“Pursuant to the Pennsylvania Right to Know Act, I hereby request records related to student predictive analytics services used by the university.

For the purpose of this request, the term "student predictive analytics services" means software or computer code that employ machine learning models to generate predictions about individual students or groups of students for one or more of the following purposes:

a) To generate predictions about which prospective student names/contact information to buy from vendors such as the College Board, ACT, Cappex, etc. for advertising and recruiting.
b) To generate predictions about prospective students' likelihood to apply to, be admitted to, and/or enroll at the university.
c) To generate predictions about prospective students' financial aid needs and/or likely response to different financial aid packages.
d) To generate predictions about enrolled students' likelihood of passing a class, re-enrolling for another term (retention), and/or graduation (these tools are often called early warning systems).

My request applies to student predictive analytics services used by the university during the 2022-23 academic year, including those developed in-house by the university or purchased by the university from a vendor.

I request:

1) All contracts and statements of work between the university and outside parties for student predictive analytics services that the university used during the 2022-23 academic year.

2) Records defining the input variables and their weights/relative power for each student predictive analytics service the university used during the 2022-23 academic year (In other words, records defining the data points fed into each predictive model and its respective impact on the model's output).

3) Records documenting the accuracy (AUC, true/false positive, specificity, lift, etc.) of each student predictive analytics service the university used during the 2022-23 academic year.

4) Any validation studies, disparate impact studies, or other records documenting the student predictive analytics services the university used during the 2022-23 academic year performed for different student groups (e.g. Black students vs. White students, male students vs. female students).

I ask that all fees be waived as I am a journalist and intend to use the requested records to publish articles in the public interest about the operations of a government agency. If you choose to impose fees, I ask that you provide an explanation of the fees, including the hourly wage of the lowest-paid employee capable of fulfilling the request.

If you choose to reject this request or redact portions of responsive documents, I ask that you cite the statutory exemptions and associated case law underlying your decision to withhold each portion from public review.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.”
West Chester University’s response:

Your request is granted in part and denied in part.

In response to item 1 of your request:
The documents are available on the Commonwealth Treasury website at the links below.

* EAB Global Contract Link: https://www.patreasury.gov/transparency/e-library//Home/ContractView?id=513864<https://www.patreasury.gov/transparency/e-library/Home/ContractView?id=513864>
* EAB Global Contract Link: https://patreasury.gov/transparency/e-library//Home/ContractView?id=583897<https://patreasury.gov/transparency/e-library/Home/ContractView?id=583897>
* EAB Global Contract Link: https://www.patreasury.gov/transparency/e-library//ContractFiles/730852_RTK%20PO%204500666322%20Moonshot%20Redacted.pdf<https://www.patreasury.gov/transparency/e-library/ContractFiles/730852_RTK%20PO%204500666322%20Moonshot%20Redacted.pdf>
* EAB Global Contract Link: https://www.patreasury.gov/transparency/e-library//ContractFiles/651174_West_Chester_University_4500666322.pdf<https://www.patreasury.gov/transparency/e-library/ContractFiles/651174_West_Chester_University_4500666322.pdf>
* RNL Contract Link: https://patreasury.gov/transparency/e-library//ContractFiles/499685<https://patreasury.gov/transparency/e-library/ContractFiles/499685_RTK_4700004454.pdf>

The documents have been redacted to remove personal information, signatures, trade secrets, and confidential proprietary information pursuant to section 708(b)(6)(i)(A) and section 708(b)(11) of the RTKL because they are records that contain personal identification information or are records that constitute or reveal trade secrets or confidential proprietary information.

In response to items 2-4 of your request:

You have requested records generated by the EAB and RNL software systems that WCU uses pursuant to its contracts with these companies. The University denies the requests for these records and relies on the following exceptions from the Right to Know Law: sections 708(b)(10), 708(b)(11), and 708(b)(27). 65 P. S. §§ 67.708(b)(10), 67.708(b)(11), and 67.708(b)(27). The full text of these exceptions follows:

708(b)(10)(i) A record that reflects:
(A) The internal, predecisional deliberations of an agency, its members, employees or officials or predecisional deliberations between agency members, employees or officials and members, employees or officials of another agency, including predecisional deliberations relating to a budget recommendation, legislative proposal, legislative amendment, contemplated or proposed policy or course of action or any research, memos or other documents used in the predecisional deliberations.
(B) The strategy to be used to develop or achieve the successful adoption of a budget, legislative proposal or regulation.

708(b)(11) A record that constitutes or reveals a trade secret or confidential proprietary information.

708(b)(27) A record or information relating to a communication between an agency and its insurance carrier, administrative service organization or risk management office. This paragraph shall not apply to a contract with an insurance carrier, administrative service organization or risk management office or to financial records relating to the provision of insurance.

A more detailed explanation of the University’s reasons for denying the requests—under each identified exception—follows.

a. Confidential and proprietary

The exception set forth in section 708(b)(11) (“trade secret or confidential proprietary information”) applies to your request. Although West Chester University is a public entity, it competes in the private market to sell higher education services to students in Pennsylvania, the Mid-Atlantic region, and beyond. If WCU were to be required to disclose the records generated by the EAB and RNL student predictive analytics programs, WCU’s recruitment and yield tactics would be available to competitors. This information is expressly used by WCU to recruit and retain students. The information is kept confidential both within WCU and is not shared even with other State System universities. Here are some of the significant consequences of revealing this information publicly:

▪ With this information, competitors would have an opportunity to counter WCU’s recruitment and yield strategies. For example, WCU’s scholarship model would become public and competitors could counter WCU’s scholarship awards in a proactive manner to gain enrollment—at the expense of WCU.
▪ Key enrollment populations and sub-populations—along with the details of each strategy for such populations—would also be available, which would jeopardize WCU’s admissions and retention strategies.
▪ Competitors would have the ability to target and retarget these key populations based on the EAB and RNL developed scores.

In summary, these EAB and RNL services, which are refined yearly but also evaluated throughout the recruitment cycle, are at the core of WCU’s recruitment and retention strategies. Therefore, they are protected as trade secrets or confidential proprietary information under the Right to Know Law.

b. Pre-decisional deliberations and budgeting information

Both 708(b)(10)(i)(A) & (B) also apply to the requested records.

While the EAB and RNL software tools do generate “reports,” they are a set of software tools that operate dynamically, generating information on an ongoing basis for University decisionmakers—in both Admissions and Financial Aid—to assist them in marketing to students, maximizing the University’s admission of qualified students, and improving retention of students.

Thus, the tools—and the records they generate—are key to the budget-development process and versions of the software outputs are essentially “draft” or pre-decisional in nature. As a result, they constitute records that are part of pre-decisional deliberations, as well as records used in the development of University budgets.

c. Communications with an administrative service organization

Finally, section 708(b)(27) of the RTKL exempts a “record or information relating to a communication between an agency and its…administrative service organization.” WCU contracts with EAB and RNL to provide administrative data and information to assist WCU in its admissions and financial aid decision-making. As explained in detail above, the EAB and RNL software tools are populated with student data on an ongoing basis, and they generate information that is used on an ongoing basis by University administrators. To the extent these interactions constitute communication, EAB and RNL qualify as an administrative service organization, and this exception would apply as well.

Because a portion of your request has been denied, you have a right to appeal this denial of information in writing to the Executive Director, Office of Open Records, 333 Market Street, 16th Floor, Harrisburg, PA 17101-2234.

If you choose to file an appeal, you must do so within 15 business days of the mailing date of the agency’s response. 65 P.S. § 67.1101. Please note that a copy of your original Right-to-Know request and this denial letter must be included when filing an appeal. The law also requires that you state the reasons why the record is a public record and address the reasons the Agency denied your request. Visit the Office of Open records website at http://openrecords.pa.gov for further information on filing an appeal.

Please be advised that this correspondence will serve to close this record with our office as permitted by law.

Todd E. Murphy, Open Records Officer
Office of the Vice President for Finance and Administration
201 Carter Drive, Suite 200, Room 202
West Chester University of Pennsylvania
West Chester, PA 19383

Fax: 610-738-0314
Email: righttokno@wcupa.edu<mailto:righttokno@wcupa.edu>