Documents › Board of Education, 2026-05-21

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Also attached to this agenda item: 2026-2027 Agreement for Services - Universal...

2026-2027 UNIVERSAL PRE-KINDERGARTEN PROGRAM AGREEMENT THIS AGREEMENT made this od day of M ay , 2026 by and between Croton-Harmon Union Free School District (hereinafter referred to as the “SCHOOL DISTRICT”), having its principal place of business located at 10 Gerstein Street, Croton-on-Hudson, New York 10520, and Childrenspace North (hereinafter referred to as the “AGENCY”), having its principal place of business for purposes of this Agreement at 31 Glengary Road, Croton-on-Hudson, New York 10520. WITNESSETH: WHEREAS, the Education Law authorizes local School Districts to provide UPK Programs to resident children; and WHEREAS, the Commissioner of Education has promulgated regulations in furtherance of the statutory provisions authorizing public UPK programs (“Commissioners Regulations’); and WHEREAS, the Board of Education previously has determined that it is in the best interest of the entire community to make provision for a UPK program; and WHEREAS, the SCHOOL DISTRICT has developed a plan for the provision of a UPK program; and WHEREAS, the AGENCY responded to the DISTRICT’s RFP for UPK services and was contracted to provide same through that process; and WHEREAS, the AGENCY desires to provide a UPK program; and agrees to offer the UPK program to any child who resides within the School District and who tums four years of age on or before December 1 of the 2026-2027 school year, based on the availability of space; and WHEREAS, the AGENCY is in the business of providing services in the area of early childhood education and agrees that the same curricula will be used in all UPK classrooms for all UPK students and that the curricula used will be aligned with the New York State (“State”) learning standards, will ensure continuity with instruction in the early elementary grades and will be integrated with the SCHOOL DISTRICT’s instructional program in kindergarten through grade twelve; and WHEREAS, the SCHOOL DISTRICT and the AGENCY agree that the instructional program services will meet the uniform quality standards for all UPK classrooms and program design requirements in accordance with Sections 151-1.3 and 151-1.4 of the Commissioner’s Regulations as authorized PURSUANT TO Education Law § 3602-e(12). NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties hereto mutually agree as follows: 1. TERM OF AGREEMENT: This Agreement shall be in effect for the period of July 1, 2026 to June 30, 2027 unless terminated earlier, as set forth herein. The SCHOOL DISTRICT shall have the option to renew this Agreement for 4 additional one-year periods, at the discretion of | the SCHOOL DISTRICT, under the same terms and conditions as mutually agreed by SCHOOL DISTRICT and the AGENCY. Prior to any renewal, the AGENCY must submit a budget for the forthcoming year with the same information and in the same form as submitted for the RFP, and such budget must be approved by the SCHOOL DISTRICT prior to renewal. 2. SCOPE OF SERVICES: The AGENCY shall provide Universal Pre-Kindergarten services. The AGENCY shall provide the following services at no additional charge unless otherwise indicated, consisting of, but not limited to, the following: a. The SCHOOL DISTRICT will assign up to 54 four-year old children to the AGENCY during the 2026-2027 school year. The AGENCY agrees to provide a developmentally appropriate program for these youngsters in accordance with the guidelines and early childhood standards established by the SCHOOL DISTRICT, by the National Association for the Education of Young Children, and by the New York State Department of Education. b. The AGENCY agrees to provide a program consisting of minimum of five (5) instructional hours per day, five days per week for the four-year olds (children born on or before December 1, 2022) for 180 days during the 2026-2027 school year. i. If the AGENCY chooses to include mealtime as part of the instructional day, it should be a positive experience for each child and must include meaningful adult-child interactions and opportunities for learning. If the AGENCY does not include mealtime as part of the instructional day, the AGENCY must ensure that the instructional day, exclusive of mealtime, is at least five (5) hours in duration. The AGENCY shall follow the Guidance from the New York State Education Department’s Office of Early Learning dated March 18, 2021, annexed hereto and incorporated by reference herein as Appendix B, regarding Mealtime as Part of the Instructional Day. ii. Any nap time shall not be included as part of the instructional day. The AGENCY shall follow the Guidance from the New York State Education Department’s Office of Early Learning dated March 18, 2021, annexed hereto and incorporated by reference herein as Appendix C, regarding Nap Time for Prekindergarten Students. e-—Fhe AGENCY shall perform all services in accordance with its Proposal submitted in response to SCHOOL DISTRICT 2025-26 R02, annexed hereto and incorporated herein by reference as Appendix B. d—Fhe AGENCY agrees to provide a program for these four-year olds aligned with all SCHOOL DISTRICT policies and will meet the requirements of the Policies and Procedures set forth in Appendix A. e. The AGENCY will follow all the regulations and policies regarding Statewide Universal Full Day Prekindergarten Program (“SUFDPK”) registration and enrollment. f. The AGENCY agrees that the SCHOOL DISTRICT’S Administrator of the Prekindergarten Program will monitor this Agreement and provide oversight of the AGENCY’S program and support services. g. The AGENCY agrees to keep daily attendance records and to provide them monthly to the SCHOOL DISTRICT’s Administrator of the prekindergarten program. h. The SCHOOL DISTRICT will assist if necessary with the outreach to find children who are currently not being served in Croton-Harmon. i. Class Size: The maximum class size for a prekindergarten class is 20 children. For classes of up to 18 students, there must be one teacher and one paraprofessional assigned to each class. For classes of 19 or 20 students, there must be one teacher and two paraprofessionals assigned to each class. Food service staff, security officers, family members are not considered paraprofessionals and should not be utilized to fulfill the above-described staffing requirements. j. Staff Qualifications: Staff, teachers, social workers, and administrators must have in-depth knowledge of child development and how young children learn, as evidenced by experience and certification. All UPK staff must meet the staff qualifications explained in New York State UPK program regulations (see 8 N.Y.C.R.R. § 151-1.3). All UPK teachers employed by collaborating agencies must have one of the following: i. A teaching license or certificate valid for service in the early childhood grades pursuant to Part 80 of the Regulations of the Commissioner of Education (8 N.Y.C.R.R. Part 80). ii. A teaching license or certificate for students with disabilities valid for service in the early childhood grades pursuant to Part 80 of the Regulations of the Commissioner of Education (8 N.Y.C.R.R. Part 80). iii. A bachelor’s degree in early childhood or a related field and a written plan to obtain a certification valid for service in the early childhood grades within five years. iv. A teaching license or certificate valid for services in the childhood grades pursuant to Part 80 of the Regulations of the Commissioner of Education (8 N.Y.C.R. R. Part 80), and a written plan to obtain a certification valid for service in the early childhood grades within five years. A prekindergarten teaching assistant providing instructional support in a prekindergarten classroom shall meet qualifications pursuant to Part 80 of the Regulations of the Commissioner of Education (8 N.Y.C.R.R. Part 80). Educational Directors: Until all universal prekindergarten teachers at an eligible agency site possess a teaching license or certificate valid for services in the early childhood or childhood grades, the AGENCY operating such program shall employ an on-site education director during the hours that the prekindergarten program is in operation that will be responsible for program implementation. The on-site director shall possess a baccalaureate degree in early childhood education or related field of study and a teaching license or certificate valid for services in the early childhood or childhood grades pursuant to Part 80 of the Regulations of the Commissioner of Education (8 N.Y.C.R.R. Part 80). In addition, when 15 or more children share the same first language other than English, a bilingual certification extension or license is required. In the absence of a certified bilingual early childhood teacher, a monolingual certified teacher should be paired with a bilingual teacher assistant/teacher aide who speaks the children’s native language. If this cannot be achieved, a certified English as a Second Language (ESL) teacher must be assigned to the class. Social workers who serve the needs of UPK children and their families must also be appropriately certified. k. Space: The early childhood classroom shall have at least a minimum of 30 square feet per child of usable activity space, excluding cloakrooms, bathrooms and storage facilities (540 square feet for 18 children; 570 for 19 and 600 for 20 children). Bathroom facilities are within the room or immediately accessible on the same floor as the classroom. In addition, the site should have an outdoor play area of at least 75 square feet per child or a play area within walking distance of the site. Space, equipment and furniture shall be provided and maintained in a state of good repair and sanitation. Sinks with warm running water conveniently located in early childhood classrooms support sanitary practices. No UPK classroom shall be above the third floor. Every early childhood provider must secure and identify a facility that complies with: e the applicable requirements of Americans with Disabilities Act; and e all applicable fire and safety building codes. Documentation of compliance with these regulations must be maintained on file at the site. 1. Allowable Dates of Service: The UPK program must provide one-hundred and eighty (180) days of instruction. AGENCY shall be responsible for the return of any monies paid to AGENCY by the District in the event AGENCY does not operate for the required 180 calendar days and NYSED reduces State Grant aid to the District due to the failure to operate for the required 180 calendar days for those children enrolled in AGENCY’s program. Any exemption or waiver of the required 180 calendar days of instruction due to hazardous weather conditions, civil emergency or other events beyond the control of the AGENCY shall be at the sole discretion of the NYSED and must be in writing. If no exemption or waiver is provided, AGENCY will be required to make up lost day(s) before the School Year End Date. AGENCY will not be reimbursed for services provided on Saturday, Sunday, or the following legal holidays: - Labor Day (1st Monday in September) - Columbus Day (2nd Monday in October) * Veteran’s Day (November 11th) - Thanksgiving (4th Thursday in November) - Christmas (December 25th or the legally recognized holiday) - New Year’s (January Ist or the legally recognized holiday) - Martin Luther King, Jr. Day (3rd Monday in January) - President’s Day (3rd Monday in February) » Memorial Day (the last Monday in May) - Juneteenth Day (19th day of June) m. Trips: Field trips must contain an educational component and be age and developmentally appropriate. Each field trip that involves private bus transportation must: @ take place between the months of January and June (to ensure that all children have turned 4 and are eligible for bus transportation); and © receive prior approval from the SCHOOL DISTRICT. Providers may not offer more than three (3) field trips that involve transportation during a given school year. Walking field trips may be taken all year; there is no limit on the number of walking trips permitted per year. Programs should have a signed permission slip allowing walking trips on file for each child. n. Religious Worship: The AGENCY are prohibited from engaging in religious worship, religious instruction, or proselytizing during the UPK Program. o. Safety Plan: The AGENCY shall maintain a current safety plan. The plan must be maintained on site and available for inspection. The safety plan must be updated when and if requirements change in accordance with state and local regulations. p. Health and Safety Protocols: . i. AGENCY shall develop a plan for distance learning in the event of school closure related to any public health and/or safety emergency; such plan shall include, but not be limited to, selection of learning platform and description of how any necessary materials or technology will be made available to families of students. ii, In the event that schools are closed as a result of any public health and/or safety emergency, including but not limited to pandemic or epidemic, and if, during such school closure, the SCHOOL DISTRICT is responsible for providing distance learning, AGENCY shall provide distance learning for UPK students. ii. AGENCY shall comply with U.S. Centers for Disease Control Operational Guidance for K-12 Schools and Early Care and Education Programs to Support Safe In-Person Learning, available online at https://archive.cdc.gov/www_cde_gov/coronavirus/2019-ncov/community/schools-ch ildcare/k-12-childcare-guidance.html together with any New York State and Westchester County health and safety statutes, regulations and executive orders relating to any other communicable disease. q. Security Clearance: All staff members, any independent contractors, substitutes and consultants, who have direct contact with students engaged in the UPK Program must be fingerprinted and receive clearance before having any contact with UPK students. r. Parents cannot be charged a fee for participation in the Universal Pre-Kindergarten Program. All services shall be provided in strict compliance with law. 3. PAYMENT SCHEDULE AND ADJUSTMENTS: In full consideration for the services to be rendered by the AGENCY to the SCHOOL DISTRICT for the term of this Agreement, the SCHOOL DISTRICT agrees to pay the AGENCY: $10,000 per year for each child the AGENCY educates for a full day under the New York State Department of Education Universal Prekindergarten Grant (UPK Expansion Grant) to the SCHOOL DISTRICT. Under no circumstances shall payment exceed the total amount of the SCHOOL DISTRICT’s UPK Grant. Payments will be made in equal installments at the beginning of each month based on the enrolled student registration count in the UPK program. Monthly Adjustments for Student Count: Both Parties agree that the monthly contract fee is based on the actual number of active students enrolled. The AGENCY shall provide an updated student roster by the Ist of each calendar month. If the total number of students changes during any monthly billing cycle, the invoice for the following month shall be adjusted accordingly. If payment has already been issued for a month where student enrollment decreased, the AGENCY shall promptly reimburse the DISTRICT for the overpaid amount, or apply a credit to the next billing cycle, at the DISTRICT’s sole discretion. Final Year-End Billing and Reconciliation: The final billing for the contract term shall be issued and paid exclusively at the end of the contract term. Prior to processing this final payment, the Parties shall conduct a full financial reconciliation of the entire contract year. The final payment amount shall be strictly adjusted downward to account for any outstanding overpayments, student count reductions, or unrendered services that occurred during the contract year. If the total value of outstanding adjustments exceeds the final billing amount, the AGENCY shall pay the net difference back to the DISTRICT within 30 days of the contract's expiration or termination. 4. SCHOOL DISTRICT OVERSIGHT: The SCHOOL DISTRICT will provide direct oversight of the program via a District-employed New York State Certified School Administrator. The Administrator must have complete access to the buildings in which the UPK program is operated and will make announced and unannounced visits to the sites at any times when the program is in operation. Also, during the course of the year, District staff members will be making periodic visits to the facilities in which the UPK program is operated to ensure that the program is conducted in a developmentally appropriate way, provides rich academic experiences for the student and complies with the standards for preschool program established by the state. The Administrator’s responsibilities will include, but not be limited to: a. Monitoring the resulting contract and provide oversight of the Agency's program and support services. Such monitoring may include, but not be limited to the following: conducting on-site visits and observations; conducting surveys and/or interviews of participants and/or parents; requiring provision of service logs, attendance records, and results of assessments of students; collecting and reviewing documents and/or artifacts, including any materials disseminated; and any other means applicable to the Services performed. b. Overseeing the Agency's program in the implementation of the requirements of the New York State Education Department ("NYSED") through a quarterly Quality Assurance review. The Agency must attend at least four leadership meetings with the District annually. c. Collaborating with the on-site Education Director on all program management, educational issues, design and implementation of Kindergarten transition and vertical articulation, child find responsibilities, talented and gifted curriculum, and bilingual education. d. Participating in the development, structure and delivery of instructional services, including program assessment. e. Providing a direct link to the District Administration for coordination of program services. f. Providing the UPK provider with support or guidance in hiring, staff observations and evaluations, if deemed necessary. g. Providing support or guidance in consultation with the Education Director of the UPK program on teacher continuance based on the observation and evaluation processes, if deemed necessary. h. Unilaterally determining the student selection process for participation in the program. i. Assisting, if necessary, with the outreach to find children who are currently not being served in the District. 5. INVOICE DUE ON MONTHLY BASIS: The AGENCY will submit an invoice for services rendered on a monthly basis, and payment to the AGENCY shall be made within thirty (30) days from receipt of the invoice together with the attendance records from the AGENCY. The invoice shall include types of services rendered and fees payable. Payment pursuant to this Agreement is dependent upon the satisfactory completion of the services by the AGENCY and faithful compliance with the Agreement by the AGENCY. The SCHOOL DISTRICT shall give the AGENCY notice of any invoice dispute within twenty (20) days of its receipt and reserves the right to withhold payment pending the resolution of this dispute. Failure to dispute any invoice shall not be deemed as an acceptance and does not act as a waiver of the SCHOOL DISTRICT’s rights or prevent the SCHOOL DISTRICT from availing itself of any remedy or course of action it has at law or in equity at a later date. a. The number of children to be served by the program shall be a maximum of fifty-four (54) children at a maximum rate of $10,000.00 per child. 6. INDEPENDENT CONTRACTOR: The AGENCY acknowledges that it will not hold itself, its officers, employees and/or agents out as employees of the SCHOOL DISTRICT. The AGENCY is retained by the SCHOOL DISTRICT only for the purposes and to the extent set forth in this Agreement, and its relationship to the SCHOOL DISTRICT shall, during the periods of its services hereunder, be that of an independent contractor. The AGENCY shall not be considered as having employee status and shall not be entitled to participate in any of the SCHOOL DISTRICT’s workers’ compensation, retirement, fringe benefits, unemployment insurance, liability insurance, disability insurance, or other similar employee benefit programs. Similarly, the AGENCY, its officers, its employees and/or agents shall not be considered as having employee status for the purposes of any other rights, privileges or benefits derived from employment by the SCHOOL DISTRICT. The AGENCY agrees that this Agreement does not confer benefits of any nature whatsoever upon it other than payment for services provided herein. The AGENCY shall not assert any claim for additional benefits of any nature, including, but not limited to, unemployment compensation benefits, by reason of the services to be performed pursuant to this Agreement. The AGENCY shall not be entitled to assert any claim to entitlements pursuant to any collective bargaining agreement now or hereafter in effect between the SCHOOL DISTRICT and its employees. 7. EXPENSES OF AGENCY: Except as otherwise noted herein, the AGENCY shall be responsible for all costs and expenses incurred by the AGENCY that are incident to the performance of services for the SCHOOL DISTRICT, including, but not limited to, all tools, vehicles, or other equipment to be provided by the AGENCY, all fees, fines, licenses, bonds or taxes required of or imposed against the AGENCY and all other of the AGENCY’s costs of doing business. The SCHOOL DISTRICT shall not be responsible for any expenses incurred by the AGENCY in performing services for the SCHOOL DISTRICT. The SCHOOL DISTRICT will provide the AGENCY with an email address to facilitate electronic communication between it and the AGENCY. Any information transmitted in this fashion is subject to the confidentiality provisions set forth in paragraph 12 of this Agreement. 8. INCOME TAX DESIGNATION AND INDEMNIFICATION: The SCHOOL DISTRICT shall not withhold from sums payable to the AGENCY under this Agreement any amounts for Federal, State, or local taxes including Federal or State income taxes, employment taxes (including Social Security and Medicare taxes), and unemployment taxes. The AGENCY agrees that any tax obligation of the AGENCY arising from the payments made under this Agreement will be the AGENCY’S sole responsibility. The AGENCY will indemnify the SCHOOL DISTRICT for any tax liability, interest, and/or penalties imposed upon the SCHOOL DISTRICT by any taxing authority based upon the SCHOOL DISTRICT’s failure to withhold any amount from the payments for tax purposes. 9. SCHOOL _DISTRICT’S RIGHT TO EXAMINE ACCOUNTING RECORDS: The SCHOOL DISTRICT shall have the right to examine any and all accounting records as they pertain to the services to be provided pursuant to this Agreement. 10. COMPLIANCE WITH LAW: The AGENCY understands and agrees that it is responsible for complying with all applicable Federal, State, local statutes, rules, and ordinances including but not limited to the New York State Safe Schools Against Violence in Education (SAVE) legislation, the Protection of People with Special Needs Act (PPSNA), the Federal Family Educational Rights and Privacy Act (“FERPA”) and Section 2-d of the New York State Education Law (which concerns privacy and security of students, teacher and principal data). a. The AGENCY shall obtain and maintain any necessary permits, licenses, registration and/or approvals of governmental authorities that are applicable to the services to be provided pursuant to the awarded contract, those required by the New York State Department of Education, the Board of Education and/or the District. b. The AGENCY shall adhere to all requirements, protocols, policies and regulations of the New York State Education Department (including but not limited to the Commissioner of Education) applicable to the services to be provided hereunder. c. The AGENCY acknowledges and agrees that he/she/it and his/her/its employees may be subject to fingerprinting and a criminal history record check as may be required by the SAVE legislation and other sections of the Education Law of the State of New York. In such an event, the AGENCY agrees to cooperate with the District and to complete all necessary forms and procedures to obtain required fingerprinting and criminal history checks, all at no cost or expense to the District. d. The AGENCY further agrees and understands that all individuals providing services under this Agreement who will have direct contact with students must be cleared by the New York State Education Department prior to providing the services required by the awarded contract. Appropriate written proof of such clearance shall be provided to the District prior to such individuals providing services required by the awarded contract. If the AGENCY utilizes an individual who is required to and who has not obtained fingerprinting clearance with the New York State Education Department, the District shall have the right to immediately terminate the awarded contract. The AGENCY agrees to cooperate with the District and to complete all necessary forms or procedures to obtain required fingerprinting and criminal history checks, all at no cost or expense to the District. 11. SCHOOL, GROUNDS & RULES: It is understood and agreed that while on school grounds, the AGENCY, its employees and/or agents shall obey all the SCHOOL DISTRICT rules and regulations and must follow all reasonable directives of the SCHOOL DISTRICT’s administrators and employees. 12. TERMINATION: a. This Agreement may be terminated by the SCHOOL DISTRICT with or without cause upon thirty (30) days prior written notice to the AGENCY. Upon such termination, the AGENCY shall be paid for all work performed in accordance with the awarded contract through the date of termination. The AGENCY shall not be entitled to any additional payments, whether on account of lost profits or otherwise. b. This Agreement may be terminated for cause by the SCHOOL DISTRICT in the event of a breach of the Agreement by the AGENCY, upon five (5) days’ written notice from the District, unless a shorter period of time is specifically provided for elsewhere in this Agreement. In the event of such termination, the SCHOOL DISTRICT shall only be responsible to pay for services actually rendered by the AGENCY in full compliance with the Agreement prior to the termination on a pro rata basis and may deduct from such sums owed any costs incurred by the SCHOOL DISTRICT as a result of the AGENCY’s breach. 13. CONFIDENTIALITY and DATA SECURITY and PRIVACY STANDARDS: The AGENCY shall complete the Addendum Data Security and Privacy Plan annexed hereto and incorporated by reference herein. The AGENCY understands that in performing this Agreement he/she/it may have access to or acquire confidential information in possession of the SCHOOL DISTRICT or others, including, but not limited to names, facts or information about students, children and families. It is agreed that the definition of confidential information includes all documentary, electronic or oral information made known to the AGENCY concerning UPK attendees through any activity related to this Agreement. The AGENCY agrees it, its officers, employees and/or agents shall keep all confidential information in a secure place and further agrees not to publish, communicate, divulge, use, or disclose, for his/her/its own benefit or for the benefit of another, either during or after the performance of the awarded contract, the content of such confidential information, directly or indirectly to any third-party, except as explicitly provided for in this Agreement or as explicitly authorized in writing by a parent or guardian of a UPK attendee or the Principal Contact Person of the District. The AGENCY understands that any unauthorized disclosure, publication and/or communication of such confidential information shall be considered a breach of the awarded contract. The AGENCY agrees that if he/she/it receives a request for disclosure of confidential information, including but not limited to student data or teacher or principal data as defined by New York Education Law Section 2-d, pursuant to a statute, subpoena or court order, he/she/it shall notify the District prior to disclosing the confidential information, unless providing notice of the disclosure is expressly prohibited by the statute, subpoena or court order. The parties further agree that the terms and conditions set forth in this Confidentiality section and in the Addendum containing the Data Security and Privacy Plan shall survive the expiration and/or termination of this Agreement. To comply with the requirements of New York Education Law Section 2-d, the parties have agreed upon and attached hereto as an Addendum to this Agreement a Data Security and Privacy Plan. 14. INDEMNIFICATION: The AGENCY further agrees that it shall defend, indemnify and hold harmless the SCHOOL DISTRICT, its employees, officers, agents and Board of Education for all loss, costs, damages and expenses, including attorneys’ fees, judgments, fines and amounts paid in settlement in connection with a terminated, pending or completed claim, liability, action, suit or proceeding of whatever name or nature as the same may relate, in any manner, to the services provided by AGENCY, its employees, agents and individuals under its control pursuant to the awarded contract, including but not limited to any act, error or omission, misstatement, misleading statement, neglect or breach of duties by the AGENCY, its employees, agents and individuals under its control taken or made with respect to the awarded contract. Said indemnification and defense shall apply to any claim, liability, suit, proceeding and action in which the SCHOOL DISTRICT, its employees, officers, agents and Board of Education may be named as a party, notwithstanding that the AGENCY may deem said claim, liability, suit, proceeding or action frivolous or without merit. 15. INSURANCE PROVISION: I. The proposer(s) who are awarded a contract by the District will be required to comply with the insurance requirements in this Section. Certificates of insurance demonstrating compliance with the requirements of this Section shall be included in the proposal submitted to the District. II. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the provider hereby agrees to effectuate the naming of the District as an unrestricted additional insured on the UPK provider's insurance policies, with the exception of Workers' Compensation and NYS Disability insurance. III. The policy naming the District as an additional insured shall: @ be an insurance policy from an A.M. Best A- rated or better insurer, licensed to conduct business in New York State. A New York licensed and admitted insurer is strongly preferred. The decision to accept non-licenced and non-admitted carriers lies exclusively with the District; @ state that the organization's coverage shall be primary and non-contributory coverage for the District, its Board, employees and volunteers with a waiver of subrogation in favor of the District for all coverages including Workers Compensation. @ additional insured status for General Liability coverage shall be provided by standard or other endorsements that extend coverage to the District (CG 20 26) or equivalent. The decision to accept an endorsement rests solely with the District. A completed copy of the endorsements must be attached to the Certificate of Insurance to include General Liability, Auto Liability (where applicable) and Umbrella/Excess coverages. e At the District's request, the universal Pre-K provider shall provide a copy of the declaration page of the liability and umbrella/excess policies with a list of endorsements and forms. If requested, the universal Pre-K provider will provide a copy of the policy endorsements and forms. IV. The provider agrees to indemnify the District for any applicable deductibles and self-insured retentions. IV. Minimum required Insurance: e Commercial General Liability Insurance $1,000,000 per Occurrence/$2,000,000 Aggregate $2,000,000 Products and Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 Sexual Misconduct and Assault $100,000 Fire Damage $10,000 Medical Expense Coverage for sexual misconduct must be affirmed. Sub-limits below the policy limits for sexual misconduct coverage are acceptable solely at the discretion of the District. e Automobile Liability $1,000,000 combined single limit for owned ,hired, borrowed and non-owner motor vehicles. © Workers' Compensation and NYS Disability Statutory Workers' Compensation (C-105.2 or U-26.3); and NYS Disability Insurance (DB-120.1) for all employees. Proof of coverage must be on the approved specific form, as required by the New York State Workers’ Compensation Board. ACORD certificates are not acceptable. A person seeking an exemption must file a CE-200 Form with the state. The form can be completed and submitted directly to the WC Board online. e Daycare Providers E & O Insurance $2,000,000 each occurrence and aggregate. Coverage for the errors and omissions of the board, administrators and employees.. e Professional Errors & Omissions Insurance $1,000,000 per occurrence/$2,000,000 aggregate for the professional acts of the consultant performed under the contract for the District. If written on a “claims-made” basis, the effective date must pre-date the inception of the contract or agreement. Coverage shall remain in effect for three years following the completion of work. e@ Umbrella/Excess Insurance $1,000,000 each Occurrence and Aggregate. Umbrella/Excess coverage shall be on a follow-form basis or provide broader coverage over the required General Liability and Auto Liability coverages (where applicable) V. Provider acknowledges that failure to obtain such insurance on behalf of the District constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the District. The provider is to provide the District with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the District to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any rights held by the District. 16. NOTICES: Any notices to be given under this Agreement by either party to the other may be effected by personal delivery in writing or by mail, registered or certified, postage prepaid with retum receipt requested. Each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing. Notice shall be delivered or mailed to: Childrenspace North 31 Glengary Road Croton-on-Hudson, New York 10520 Croton-Harmon Union Free School District 10 Gerstein Street Croton-on-Hudson, New York 10520 Attn: Assistant Superintendent for Business 17. ASSIGNMENT/SUBCONTRACTING OF AGREEMENT: The AGENCY shall not assign, transfer or convey any of its respective rights or obligations under the awarded contract or subcontract any portion of the services set forth herein, without the prior written consent of the SCHOOL DISTRICT, which consent may be withheld for any reason whatsoever or for no reason. 18. NO DISCRIMINATION: To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, AGENCY agrees it shall not discriminate against any employee or applicant for employment or individual associated with the SCHOOL DISTRICT because of race, creed, color, sex, national origin, sexual orientation, gender identity or expression, age, disability, predisposing genetic characteristics, military status, familial status, marital status, Status as a victim of domestic violence or any other basis protected by law. The services provided pursuant to this Agreement shall be provided without regard to a student’s actual or perceived race, creed, color, weight, gender, sex, sexual orientation, national origin, ethnic group, religion, religious practice, age or disability. 19. SEXUAL HARASSMENT: Federal and state laws and the policies of the School District prohibit sexual harassment of employees and students. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature that create a hostile or offensive working environment for School District employees or students. Contractor shall exercise control over its employees, agents, and consultants so as to prohibit acts of sexual harassment of School District employees or students. In the event the Schoo! District, in its reasonable judgment, determines that Contractor, its officers, directors, employees, agents and/or consultants have committed an act of sexual harassment, upon notice from the School District, Contractor shall cause such person to be removed from servicing the School District and shall take such other action as may be reasonably necessary to cause such sexual harassment to cease. 20. GOVERNING LAW: The awarded contract shall be governed by the laws of the State of New York. Any litigation between the parties shall be venued in an appropriate court located in Westchester County, New York. 20. SEVERABILITY: If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. 21. NO PRIOR AGREEMENTS: This Agreement constitutes the full and complete Agreement between the SCHOOL DISTRICT and the AGENCY, and supersedes all prior written and oral agreements, commitments or understandings with respect thereto. This Agreement may not be altered, changed, added to, deleted from or modified except through the mutual written consent of the parties. 22. AGREEMENT CONSTRUCTION: This Agreement has been arrived at mutually and is not to be construed against any party hereto as being the drafter hereof or causing the same to be drafted. 23. REPRESENTATIONS AND WARRANTIES: The AGENCY represents and warrants: 1) that the AGENCY has no obligations, legal or otherwise, inconsistent with the terms of this Agreement; 2) that the performance of the services to be provided pursuant to this Agreement does not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party; and 3) that the AGENCY has not entered into or will not enter into any Agreement (whether oral or written) in conflict with this Agreement. 24. MODIFICATION OR AMENDMENT: No amendment, change or modification of the awarded contract shall be valid unless in writing, signed by both parties hereto. 25. NONWAIVER: No action or failure to act by the AGENCY or the SCHOOL DISTRICT shall constitute a waiver of a right or duty afforded them under the Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 26. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same agreement. An executed counterpart transmitted by facsimile or scanned and transmitted by email, when so delivered, shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Date: By: Title: CROTON-HARMON UNION FREE SCHOOL DISTRICT Date: By: jana for? b 6 Jalt AZ _ Title: Co- a treczo ~ CHILDRENSPACE NORTH Employer Identification # or SS: 82-3289462 BUDGET CODE: ADDENDUM DATA SECURITY AND PRIVACY PLAN Childrenspace North having offices at 31 Glengary Road, Croton-on-Hudson, New York 10520 (hereinafter “Third-party Contractor”) and the Croton-Harmon Union Free School District, having offices at 10 Gerstein Street, Croton-on-Hudson, New York 10520 (hereinafter “School District”) hereby agree to make this Data Security and Privacy Plan part of their Agreement for services (the “Agreement”). _ 1. Definitions: Terms used in this Data and Security Privacy Plan (hereinafter the “Plan”) shall have the same meanings as those found in Education Law Section 2-d(1) and the Regulations of the Commissioner of Education at Section 121.1 of Title 8 of the New York Codes, Rules and Regulations (8 NYCRR § 121.1), unless more broadly defined herein. 2. Confidential Information: Confidential Information, Third-party Contractor understands that in performing its Agreement with the School District, Third-party Contractor, its employees, officers, agents and subcontractors may have access to confidential information in the possession of the School District, including, but not limited to names, facts or information about individuals, businesses and families. Third-party Contractor may also have access to or acquire confidential information, potentially including student data, student directory information, student records, teacher or principal data, personnel information and records, information regarding sensitive, confidential or internal School District matters and other protected information. For purposes of this Plan and the Agreement, it is agreed that the definition of Confidential Information includes all documentary, electronic or oral information made known to Third-party Contractor through any activity related to the Agreement, except information available to Third-party Contractor from third parties on an unrestricted basis. Third-party Contractor understands that any unauthorized disclosure, publication and/or communication of such Confidential Information shall be considered a breach of this Plan and the Agreement. Third-party Contractor agrees that if a request for disclosure of confidential information obtained from the School District is received, including but not limited to student data or teacher or principal data as defined by New York Education Law Section 2-d, pursuant to a statute, subpoena or court order, the School District will be notified prior to disclosing the School District’s confidential information, unless providing notice of the disclosure is expressly prohibited by the statute, subpoena or court order. 3. Without limiting any of the foregoing statements, Third-party Contractor further agrees: a. To execute, comply with and incorporate as Exhibit “1” to this Plan, as required by New York State Education Law Section 2-d and its implementing regulations, the Parents’ Bill of Rights for Data Privacy and Security developed by the School District; b. To adopt technologies, safeguards and practices that align with the NIST Cybersecurity Framework; c. To comply with the data security and privacy policy of the School District, New York Education Law Section 2-d and Part 121 of the Regulations of the New York Commissioner of Education as well as any changes to the policy, law and regulations that may be enacted, adopted and/or become effective during the term of the Agreement; d. Not to sell, use or disclose personally identifiable student, teacher or principal data or information for any marketing or commercial purpose or facilitate its use or disclosure by any other party for any marketing or commercial purpose or permit another party to do SO; e. Not to use the education records of the School District or any personally identifiable student, teacher and/or principal information or data of the School District, as those terms are defined in New York Education Law Section 2-d and Part 121 of the Regulations of the New York Commissioner of Education, for any purpose other than those explicitly authorized in this Plan or the Agreement; f. To use and maintain reasonable administrative, technical and physical safeguards and practices that align with the NIST Cybersecurity Framework and are otherwise consistent with industry standards and best practices to protect the security, confidentiality and integrity of personally identifiable student, teacher and/or principal information or data of the School District while in motion or in the custody of Third-party Contractor from unauthorized disclosure as prescribed by state and federal law, regulations, and the Agreement and the Third-party Contractor represents and warrants that it has the following safeguards and practices in place to protect personally identifiable information that it receives, maintains, stores, transmits or generates pursuant to the Agreement: (i) data is stored in a secure data center that monitors the access doors, has fire and security monitoring, has system health and intrusion monitoring, data backups and retentions; and (ii). data storage and access is protected by passwords and use of encryption that complies with the Advanced Encryption Standard (AES) with minimum of 128 bit key encryption or better; g. To limit internal access within Third-party Contractor to personally identifiable student, teacher and principal information and data of the School District to only those officers, directors, employees, or authorized sub-contractors or assignees of the Third-party Contractor that are determined to need access to such records or data to perform the services set forth in the Agreement; h. To use encryption to protect personally identifiable student, teacher and or principal information or data of the School District in Third-party Contractor's custody while in motion or at rest from unauthorized disclosure by using encryption that complies with the Advanced Encryption Standard (AES) with minimum of 128 bit key encryption or better; i. Not to disclose any personally identifiable student, teacher or principal information or data of the School District, as those terms are defined in New York Education Law Section 2-d and Part 121 of the Regulations of the New York Commissioner of Education, directly or indirectly, to any other party who is not an officer, director, employee or authorized subcontractor or assignee of the Third-party Contractor using the data or information to carry out Third-party Contractor's obligations under the Agreement in compliance with New York State and federal law, regulations, and the Agreement, unless i. the other party has the prior written consent of the applicable student's parent/guardian or of the eligible student; or ii. the other party has the prior written consent of the applicable teacher or principal; or iii. the disclosure to the other party is required by statute, subpoena or court order and the Third-party Contractor provides a notice of disclosure to the New York State Education Department or the School District no later than the time the information is disclosed, unless providing notice of disclosure is expressly prohibited by the statute, subpoena or court order; j. To impose on any sub-contractor engaged by the Third-party Contractor, with the consent of the School District, to perform any of its obligations under the Agreement the requirement to comply with all the confidentiality and data privacy and security obligations imposed on the Third-party Contractor in the Agreement and by state and federal law and regulations, including but not limited to Section 2-d of New York State Education Law and Part 121 of the Regulations of the New York State Commissioner of Education; k. In the event that a student's parent or guardian or an eligible student seeks to challenge the accuracy of student data pertaining to the particular student, which data may include records maintained, stored, transmitted or generated by the Third-party Contractor pursuant to the Agreement. the challenge will be directed to the School District and processed in accordance with the School District's procedures; 1. In the event that a teacher or principal seeks to challenge the accuracy of teacher or principal data pertaining to the particular teacher or principal, which data may include records maintained, stored, transmitted or generated by the Third-party Contractor pursuant to the Agreement, the challenge will be directed to the School District and processed in accordance with the procedures the School District has established for challenging annual professional performance review ("APPR") data; m. To immediately notify the School District in the most expedient way possible and without unreasonable delay and within twenty-four (24) hours of any breach or of discovering that any personally identifiable information of the School District, its employees, students, teachers, principals or administrators was breached and/or released without authorization; n. To take immediate steps to limit and mitigate to the greatest extent practicable the damages arising from any breach or unauthorized release of any personally identifiable information of the School District, its employees, students, teachers, principals or administrators; o. In the event of a breach or unauthorized release of any personally identifiable information of the School District, its employees, students, teachers or administrators by or attributable to Third-party Contractor, Third-party Contractor must pay for or promptly reimburse the School District for the full cost of any notifications the School District makes as a result of the breach or unauthorized release; p. To cooperate with the School District and other parties to protect the integrity of investigations into the breach or unauthorized release of personally identifiable information; q. Parents and/or guardians of students attending the School District's schools have the right to inspect and review the complete contents of their child's education record, which may include records maintained, stored, transmitted, and/or generated by Third-party Contractor; and r. In the event the Third-party Contractor breaches any of the privacy and confidentiality provisions of this Plan or the Agreement, the School District, at its sole discretion, may immediately terminate the Agreement. 4. The Third-party Contractor will implement all state, federal and local data security and privacy requirements over the term of the Agreement in a manner that is consistent with the data security and privacy policy of the School District. 5. Confidentiality Training: Third-party Contractor acknowledges that federal and state laws protect the confidentiality of personally identifiable information of the School District's students as well as its teachers and principals. Prior to obtaining access or any further access to personally identifiable information of the School District's students, teachers and principals, Third-party Contractor represents and warrants that any officers, employees, subcontractors or agents of Third-party Contractor, who will have access to student, teacher and/or principal data of the School District, have received or will receive training on the federal and state laws governing confidentiality of such data from/by [insert how the training was or will be conducted]: 6. The Third-party Contractor represents and warrants that the information contained in the Supplemental Information portion of the Parents’ Bill of Rights for Data Privacy and Security of the School District with respect to the Agreement, as stated in Exhibit 1 to this Plan, is accurate. 7. Will the Third-party Contractor utilize sub-contractors in the performance of the Agreement? (circle one) a. Yes b. No If Yes, the Third-party Contractor agrees that it will not share Confidential information with any additional parties, including an authorized sub-Vendor or non-employee agent, without prior written consent of the School District and, when such consent is provided the Third-party Contractor will ensure that any subcontractor or other person or entity with whom the Third-party Contractor shares student data and/or teacher or principal data agrees to abide by all of the components of applicable state and federal law, including New York Education Law Section 2-d, the School District's Parents' Bill of Rights, and the federal Family Educational Rights and Privacy Act ("FERPA"). In addition, the Third-party Contractor will ensure that each subcontractor, person or entity with whom the Third-party Contractor shares student data and/or teacher or principal data has a Data Security and Privacy Plan in place. 8. Describe what actions will be taken by the Third-party Contractor to check for and identify data breaches and unauthorized disclosures of personally identifiable information or data: . N/A . 9. Upon the expiration or termination of the Agreement, if requested by the School District, the Third-party Contractor will assist the School District in exporting all student, teacher or principal data previously received by the Third-party Contractor or generated by the Third-party Contractor pursuant to the Agreement in a format acceptable to the School District. In addition, within 90 days of the expiration or termination of the Agreement, at the sole discretion of the School District, all information and data of the School District remaining in the possession of the Third-party Contractor will be returned to the School District or the Third-party Contractor will provide confirmation to the School District that the School District's data in its possession has been securely destroyed in accordance with the National Institute of Standards and Technology (NIST) standard 800-88. Within 90 days of expiration or termination of the Agreement, the Third-party Contractor also will provide confirmation to the School District that all emails containing personally identifiable information of the School District's students are returned to the School District and deleted from the Third-party Contractor's email account in accordance with the National Institute of Standards and Technology (NIST) standard 800-88. If, with the consent of the School District, student data or teacher or principal data is to be maintained by the Third-party Contractor for any lawful purpose, such data shall remain in an encrypted format and shall be stored on systems maintained by Third-party Contractor in a secure data facility located within the United States. 10. It is understood that further revisions to this Plan or the Agreement may be necessary to ensure compliance with New York State Education Law Section 2-d if School District policies are adopted or revised or if either New York Education Law Section 2-d or Part 121 of the Regulations of the New York Commissioner of Education are amended. Third-party Contractor and the School District agree to take such additional steps as may be necessary at that time to facilitate compliance with New York Education Law Section 2-d and Part 121 of the Regulations of the New York Commissioner of Education. 11. The parties further agree that the terms and conditions set forth in this Plan shall survive the expiration and/or termination of the Agreement. 12. The undersigned representative of Third-party Contractor hereby represents and warrants that the undersigned is the owner or an officer, director, or agent of Third-party Contractor with full legal rights, power and authority to enter into this Plan on behalf of Third-party Contractor and to bind Third-party Contractor with respect to the obligations enforceable against Third-party Contractor in accordance with its terms. IN WITNESS WHEREOF, the parties have executed this Data Privacy and Security Plan on the dates set forth below. CHILDRENSPACE NORTH CROTON-HARMON UNION FREE SCHOOL DISTRICT Signature Signature _ Sarah forth a Print Name Print Name Lo -dvedor [owen Owner/Director Prift title — Sfafee Date Date | EXHIBIT 1 PARENTS’ BILL OF RIGHTS FOR DATA PRIVACY AND SECURITY OF CROTON-HARMON UNION FREE SCHOOL DISTRICT The Croton-Harmon Union Free School District (the “District”), in recognition of the risk of identity theft and unwarranted invasion of privacy, affirms its commitment to safeguarding student personally identifiable information (“PII”) in educational records from unauthorized access or disclosure, and to comply with Federal and New York State Law. In accordance with New York Education Law Section 2-d, the District hereby sets forth the following Parents’ Bill of Rights for Data Privacy and Security, which is applicable to all students and their parents and legal guardians. 1. Education Law Section 2-d (“Section 2-d’) and the Family Educational Rights and Privacy Act (“FERPA”) protect the confidentiality of personally identifiable information (“PII"). Section 2-d and FERPA assures the confidentiality of records with respect to “third parties,” and provides parents with the right to consent to disclosures of Pll contained in their child’s education records. 2. Pil includes, but is not limited to: e The student's name; e The name of the student's parent(s) or other person “in parental relation to” the student, or other family members of the student; e The address of the student or any member of the family of the student; ® A personal identifier, such as the student's social security number, student number, or biometric record; e Other indirect identifies, such as the student's date of birth, place of birth, and mother's maiden name; e Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or e Information requested by a person who the District reasonably believes knows the identity of the student to whom the educational record relates. . 3. Student Pil will be collected and disclosed only as necessary to achieve educational purposes in accordance with Federal and New York State law. 4. Students’ Pll is accessible only to: e School officials (including consultants and other contractors) who have a “legitimate educational interest” in accessing such information (i.e. who require such information to perform their responsibilities to the District); e The New York State Education Department (“NYSED”) or another federal or New York State agency, to the extent such agency collects student data elements for authorized use; e Parent(s) and other persons “in parental relation to” a student—about their own child, upon written request to the Superintendent of Schools or the Building Principal; e “Eligible students” (i.e. students age 18 or older}—about themselves, upon written request to the Superintendent of Schools or the Building Principal; e Another school or schoo! district in which a student seeks to enroll or is already enrolled if the disclosure is for purposes of the student's enroliment or transfer, upon written request of the parent(s) or other person(s) “in parental relation to” the student or the eligible student, or if otherwise required by law; e Other persons or entities, with written consent of a student's parent or other person(s) in parental relation to the student, or the eligible student themself, as applicable; e Other persons and/or entities, without written consent, only as expressly authorized by law (i.e. in response to a lawfully issued subpoena). 5. A student's Pll cannot be sold or released for any marketing or commercial purposes by the District or by any third party contractor. The District will not sell any student's Pll and will not release such Pil for marketing or commercial purposes, other than directory information as defined by Board policy released by the District in accordance with policy. The District shall include in each contract with a third-party contractor or provider; provisions setting forth the contractor’s/provider’s obligation to maintain the privacy and security of Pll provided in accordance with the contract, which shall include the purposes for which the contractor may use such information, how the contractor shall abide by all applicable data protection and security requirements, the duration of the contract and what will happen to the data upon expiration of the contract, if and how an authorized person may challenge the accuracy of data, where the data will be stored, and how the data will be protected using encryption while the data is in motion and is at rest.. Parents/guardians can request information about third party contractors and providers by contacting the District's Director of Technology, at 914-271-4713 or in writing to the Director of Technology, Croton-Harmon Union Free School District, 10 Gerstein Street, Croton-on-Hudson, NY 10520, or by email at the email address found on the District's website, www.chufsd.org. 6. In accordance with FERPA, Education Law Section 2-d, and Board policy and regulation on student records (Policy 5500 and 5500-R), parent(s)/quardian(s) have the right to inspect and review the complete contents of their child’s education record, including but not limited to Pll. 7. In accordance with FERPA, Education Law Section 2-d, and Board policy and regulation on student records (Policy 5500 and 5500-R), eligible students have the right to inspect and review the complete contents of their own educational record, including but not limited to Pll. 8. Federal and State laws, including Section 2-d and FERPA, protect the confidentiality of students’ Pll. The District shall ensure that safeguards consistent with industry standards and best practices (including but not limited to encryption, firewalls, and password protection) are in place when data is stored or transferred. In this regard, all databases that have student information are protected by a secure password and login. Logins are monitored, and passwords are kept up-to-date. 9. A complete list of all student data elements collected by the State Education Department is available for public review at http://nysed.gov/data-privacy-security or by writing to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234. 10. Parents/guardians have the right to submit complaints about possible breaches (e.g., unauthorized access to student data) of student data or teacher or principal APPR data. Any such complaint must be submitted, in writing, to the Superintendent of Schools, Croton-Harmon School District, 10 Gerstein Street, Croton-on-Hudson, NY 10520. Complaints can also be directed to the New York State Education Department on-line at http://nysed.gov/data-privacy-security, by mail to the Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany New York 12234, or by email to privacy@mail.nysed.gov or by telephone at 518-474-0937. 11. Parents/guardians have the right to be notified in accordance with applicable laws and regulations if a breach or unauthorized release of their student's Pll occurs or is believed to have occurred. 12. The District will provide educational agency workers who have access to Pll with annual training on applicable federal and New York State laws and regulations, district and school building policies, and safeguards for Pll which will be in alignment with industry standards and best practices. 13. Parents/Guardians may request information about third party contractors that have access to and/or use Pil by contacting the Superintendent of Schools, Croton Harmon Union Free School District, 10 Gerstein Street, Croton-on-Hudson, NY 10520 or accessing information on the district's website. 14. A parent/guardian, student, teacher or principal may challenge the accuracy of the student data or teacher or principal data that is collected by filing a written request with the Superintendent of Schools, Croton Harmon Union Free School District, 10 Gerstein Street, Croton-on-Hudson, NY 10520. Supplemental Information for Third-Party Contracts For purposes of further ensuring confidentiality and security of student data, each contract ("Agreement") the Croton-Harmon Union Free School District (the "District") enters into with a third-party contractor (the "Contractor") shall include a Data Security and Privacy Plan that includes a signed copy of the District's Parents’ Bill of Rights and in which Plan the Contractor agrees to abide by the District's Parents’ Bill of Rights and to comply with the following: (1) Exclusive Purposes for which Student Data Will Be Used. Use of Personally Identifiable Information (“PII”) under the Agreement will be limited to that necessary for the Contractor to perform the duties outlined in the Agreement and the services associated with that function. The Contractor further agrees that no PII will be sold or used for marketing or commercial purposes. (2) Protective Measures Regarding Third Parties. The Contractor will ensure that any subcontractor or other person or entity with whom the Contractor shares student data and/or teacher or principal data, if applicable, agrees to abide by all of the components of applicable state and federal law, including New York Education Law Section 2-d, the District’s Parents’ Bill of Rights, and the Family Educational Rights and Privacy Act (“FERPA”). In addition, the Contractor will ensure that each subcontractor, person or entity with whom the Contractor shares student data and/or teacher or principal data has a Data Security and Privacy Plan in place. (3) Expiration of Agreement. Absent renewal, the Agreement expires annually on June 30th. If the District does not renew the Agreement past June 30th of the contractual year, all student data shall be deleted, within 90 days, in accordance with the National Institute of Standards and Technology (NIST) standard 800-88. The Contractor will ensure, at the sole discretion of the District, that all student data are returned to the District or provide confirmation to the District that the data in its possession has been securely destroyed. The Contractor will also ensure that all emails containing personally identifiable student information are returned to the District and deleted from the Contractor’s email account. (4) Challenge to Accuracy of Data. A parent, student, teacher or principal can challenge the accuracy of the Data received or generated by the Contractor in writing addressed to the Superintendent of School, Croton-Harmon Union Free School District, 10 Gerstein Street, Croton-on-Hudson, NY 10520. (5) Storage of Data. Student data shall be stored in a secure data center using monitoring of the access doors, fire and security monitoring, system health and intrusion monitoring, data backups and retentions. Data storage and access shall comply with the Advanced Encryption Standard (AES) with minimum of 128 bit key encryption or better. . (6) Breach of Personally Identifiable Information. The Contractor must notify the District of any breach or unauthorized release of PII within 24 hours of any such breach or Contractor’s knowledge of such breach. The Contractor shall promptly reimburse the District and/or its Participants for the full cost of notifying a parent, eligible student, teacher, or principal of an unauthorized release of PII by the Contractor, its subcontractors, and/or assignees. CHILDRENSPACE NORTH By: ak diab b GWVn Name: S Ara h Title: -ay Jowntl Date: ts) | Z\ tb Appendix A This quidance responds to the many questions the New York State Education Department's (NYSED) Office of Early Learning (OEL) receives regarding whether or not mealtime can be included when calculating the instructional hours of prekindergarten programs for three- and four-year-old students. Historically, the practice of OEL has been to define the length of the school day for prekindergarten programs in the same manner as Kindergarten - Grade 6, which excludes mealtime. As full-day prekindergarten programs (a minimum of 5 hours of instruction per day) have become more prevalent throughout the state, OEL has been asked to consider what are, if any, circumstances in which mealtime can be counted as part of a daily instructional schedule. Mealtime in a prekindergarten classroom is an important part of a young child's development and can include many learning experiences. These may include experiences with trying new food, encouraging self-help skills such as setting the table, and opportunities for social interactions. Mealtime can provide a natural environment for young learners to share in conversations that build lanquage skills and develop relationships with peers and adults. If your program chooses to include mealtime as part of the instructional day, it should be a positive experience for each child and must include meaningful adult-child interactions and opportunities for learning. Listed below are specific strategies to help districts determine whether their prekindergarten mealtimes qualify to be included as part of the instructional day. It is the expectation of OEL that these strategies be closely adhered to when choosing to define meals as instructional time. Therefore, the below examples should be either followed as described or have a comparable level of adult-child interaction, consideration, and learning elements that are met during the entire mealtime, including set-up and cleanup. Mealtime that can be counted as instructional time should include, but not be limited to: 1. Teachers and paraprofessionals participating in mealtime by: a. Maintaining required staff to student ratios and qualifications: b. Being seated among the children at the meal tables: and c. Participating, facilitating, and guiding meaningful extended conversations; modeling appropriate mealtime behavior with supportive guidance: and facilitating problem solving and turn taking. 1. Mealtime setting should allow for: a. reciprocal conversations between adult/child as well as child/child in guided topics that are of interest to and relevant to children: b. comfortable and relaxing conversations that facilitate literacy development by encouraging new vocabulary; and c. accommodations for learning opportunities for students who finish mealtime before their peers (e.g., engaging in conversations, additional activities appropriate for mealtime setting, etc.). 2. Daily mealtime instructional planning should give thoughtful consideration to the five domains of the New York State Prekindergarten Learning Standards: A Resource for School Success: a. Approaches to Leaming (e.g., gaining independence, problem solving, asking questions, making connections to prior knowledge): b. Physical Development and Health (e.g., handwashing; healthy eating habits, setting a table, pouring liquids); c. Social and Emotional Learning (e.g., mealtime manners: please, thank you, you're welcome, excuse me; utensil usage, sitting at a table to eat, chewing with mouth closed, enjoying mealtime routines): d. Communication, Lanquage, and Literacy (e.g., engaging in reciprocal conversations, listening while others are talking, naming and discussing foods; discussing likes and dislikes); and e. Cognition and Knowledge of the World (e.q., discussions about customs, foods, and family traditions, distinguishing left from right, applying one-to one correspondence, using positions words, discussing properties of food such as shape, size, and texture.). Piease be advised that when staff from NYSED’s Office of Early Learning conduct on-site monitoring visits, they will be looking carefully to see that these strategies are utilized in order to justify that classroom mealtime be included as part of daily instructional time. If you have any questions, contact the Office of Early Learning at (518) 474-5807, or by email at O0EL@nysed.gov (link sends e-mail)