Documents › Board of Education, 2026-02-12

agreement 14 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: Student Teaching Agreement between Pace University...

- l AGREEMENT BY AND BETWEEN PACE UNIVERSITY AND CROTON-HARMON UNION FREE SCHOOL DISTRICT AGREEMENT made as of by and between Pace University, a New York not-for-profit Education Institution having its registered office at One Pace Plaza, New York, NY 10038, for its School of Education (hereinafter, “Pace” or “Pace SOE”), and Croton Harmon Union Free Schoo! District, with its principal place of business at 10 Gerstein Street. Croton-on-Hudson. NY. 10520 (hereinafter referred to as the “District”) 1. Term. The term of this Agreement shall begin on September 1, 2025 and shall terminate, unless earlier terminated as authorized by Section 11, below, on August 31, 2026 (the “Term”). The parties may renew this Agreement by written mutual agreement at least sixty (60) days prior to the end of the Term. 2. Scope. During the Term, Pace SOE and the District shall enter into an affiliation for the following purposes: (a) For the District to create field opportunities for Pace SOE graduate and undergraduate teaching candidates. Such opportunities shall include, but not be limited to, observations, clinical pre-student teaching practice, student teaching, and assessment of clinical and student teaching experiences (each in accordance with New York State regulations and standards of professional accreditation organizations); (b) For Pace to provide professional development opportunities to the District faculty and administrators based on a collaborative identification of priorities; (c) For Pace to provide opportunities for elementary and/or secondary students in the District schools to take part in a Pace SOE College Visit Day. (d) The following chart summarizes the scope of this Agreement: * Periodic on-site or remote university e Clinically enhanced pre-student teaching | clinical supervision of candidates for both clinical practice for graduate students and | pre-student teaching clinical practice and undergraduates both inside and beyond student teaching experience. the classroom. These may include involvement in tutoring and other *Comply with Appendix A (“Conditions enrichment programs in voluntary and/or | Concerning the Use of Tuition Vouchers”) paid experiences. annexed hereto and by this reference made a e Mentor teachers for graduate students and | part hereof undergraduates. A “mentor teacher” is defined as a New York State certified 2 ; Classroom teacher in the school to which the student teacher candidate is assigned. This individual is a resource person for the student teacher candidate, a sounding board for ideas, and a counselor for teaching-related problems. The Mentor Teacher directs and coordinates the work of the student teacher candidate while he/she is at the assigned school. 3. Field Experiences for Pace SOE Candidates Pace and the District shall collaborate to develop field experiences. Such experiences involve both clinical practice prior to student teaching, and student teaching that benefit Pace SOE candidates and the District teachers and students. (a) The field experiences for Pace SOE candidates at the District shall include but are not be limited to: *Opportunity to observe and participate in *Opportunity to observe and participate in classroom based activities and out-of-school | classroom based activities and out-of-school hours prior to student teaching on a schedule | hours prior to student teaching on a schedule as determined by the principal and relevant as determined by the principal and relevant instructional staff for no less than 20 hours instructional staff for no less than one day per per semester. week (junior year, both semesters) and two days per week (fall of senior year). *Paid or unpaid individual tutoring, *Paid or unpaid individual tutoring, enrichment instruction, remediation enrichment instruction, remediation instruction, small group instruction during instruction, small group instruction during classroom-based activities and out-of-school | classroom based activities and out-of-school hours under the direction of the District hours under the direction of the District personnel; if paid, the payment would be personnel; if paid, then payment would be determined under a separate agreement, based | determined under a separate agreement, based on availability of funds. on availability of funds. *Opportunity to meet all the requirements of | *Opportunity to meet all the requirements of student teaching under the supervision of a student teaching under the supervision of a District Mentor Teacher and a university District Mentor Teacher and a university clinical supervisor as determined by Pace clinical supervisor as determined by Pace SOE and the District, respectively. SOE and the District, respectively . (b) Pace shall provide a clinical supervisor for students completing field experiences at the District. The Pace clinical supervisor shall provide in-person/remote support for Pace SOE candidates and the District personnel as per program specific clinical fieldwork . 3 requirements. The clinical supervisor shall act as the Pace liaison between Pace SOE and the District. (c) The District reserves the right in its reasonable discretion to remove a program participant for failure to adhere to District policies, standards, or for misconduct. The District will communicate the reason for the removal to the Pace SOE. 4. Assessment of Pace SOE Candidates (a) The Pace clinical supervisor shall provide an evaluation of Pace candidates’ demonstration of knowledge, skills, and dispositions during their clinical and student teaching experiences. (b) A Pace SOE clinical supervisor shall monitor the pre-student teaching experience for all undergraduate candidates and collaborate with the District mentor teacher regarding the evaluation of the experience. (c) The Pace SOE clinical supervisor shall make between | and 5 formal in-person or remote observations of each student teacher, practicum candidate, or fieldwork student during their placement at the District and complete the Clinical Supervisor’s Assessment of Student Teaching or Practica. (d) The District Mentor Teacher shall provide Pace with an evaluation of Pace SOE student teachers’ Practicum, or fieldwork students’ performance on the program-specific Mentor Teacher’s Assessment. Should any questions or concerns arise during the course of clinical practice, the clinical supervisor and the Director of School Partnerships shall be available to respond to and address any concerns. (e) The assessment of student teachers or fieldwork students may involve recording their performance in the classroom. Notwithstanding any term or condition of this Agreement to the contrary, at all times hereunder the District and its employees, contractors, and agents shall conduct such recording(s) in compliance with the Federal Family Educational Rights and Privacy Act (“FERPA”), Section 2-d of the New York Education Law and Part 121 of the Regulations of the Commissioner of Education (“Unauthorized release of personally identifiable information”) and District policies, regulations and procedures. Without limiting the generality of the preceding sentence of this Section 4(e): (1) such recording(s) shall only be utilized for the purpose of assessing the student teachers’ or fieldwork students’ performances at the Pace SOE and in conjunction with New York State regulations; (2) the District shal] be responsible for obtaining all necessary parent consents for in-class recording; and (3) the District and Pace agree that, notwithstanding any term or condition of this Agreement to the contrary, they shall ensure that the likeness and voice of any person who has not consented in writing to such recording(s) shall be rendered reasonably unrecognizable on and in connection with such recording(s). 5. Pace Campus Experiences for the District’s Students The District and Pace SOE shall provide the opportunity for students to take part in age- appropriate Pace campus-based learning experiences. 4 : 6. Assurances Each of Pace SOE and the District represent that it has sufficient staff available to perform their respective duties under this Agreement and that all such individuals have the licensure, background, training and experience necessary to perform such duties properly. 7. NoEmployment Relationship Created. It is understood and agreed between the parties that, notwithstanding anything to the contrary contained in this Agreement, this Agreement is not intended to, nor does it create an employment contract between Pace, on the one hand, and the District or any of the District’s employees, on the other hand, nor does it create a joint relationship or partnership between the parties hereto. Neither the District nor its employees are entitled to benefits that Pace provides for Pace employees. Neither Pace nor its employees are entitled to benefits that the District provides for the District’s employees. The District’s relationship with Pace, and Pace’s relationship with the District are solely and exclusively that of an independent contractor. The students participating shall be performing duties at the District in fulfillment of academic requirements and shall not be deemed to be employees or agents of neither the District nor of Pace. Except as specifically permitted in the Agreement, neither party shall use the name or trademarks of the other party or incur any obligation or expense for or on behalf of the other party without the other party’s prior written consent in each instance. 8. Contract Administration During the Term, Jennifer Argenta, Director of School Partnerships, or such other person(s) as Pace shall have designated in writing, representing Pace University, and a designee representing the District shall administer this Agreement. 9. Termination. Either party may terminate this Agreement upon at least sixty (60) days prior written notice to the other party. In the event of such termination, there shall be an equitable pro-rata adjustment between the parties relative to fees and expenses incurred for services rendered through the effective date of termination. 10. Financial Terms. Vouchers shall be granted to the Mentor Teacher but can be transferred to the District designee for use by another the District teacher: 8 ciel Appendix A. le §=©For supervision of student teacher — one 3 credit voucher per student per semester upon request e For supervision of senior year teaching For supervision of Practicum Students — candidates — one 3 credit voucher per MSEd candidates (Special Education, candidate for full-time student teaching Literacy, TESOL) (Candidates are assigned . 5 request student teaching in the spring) - one 3 credit voucher upon request (a) Conditions Concerning the Use of Tuition Vouchers Vouchers may be used for the School of Education’s credit-bearing courses taken on either Pace campus during any regular semester. Use of a voucher for a particular course is based on space availability. Vouchers shall not be used for classes or sections already closed. Vouchers are awarded to Mentor Teachers only. A voucher issued pursuant to this Section is valid for not more than one year from its date of issuance. 11, Indemnification. Each party (the “Indemnifying Party”) agrees to indemnify and hold the other party, and each of such other party’s trustees, officers, directors, employees, agents, and permitted assigns (the “Indemnified Parties”), harmless from and against all third-party claims, causes of action, damages, liabilities, fines, costs and expenses (including reasonable attorneys’ fees) that may arise from the Indemnifying Party’s negligent or willfully-wrongful acts or omissions hereunder. The party requesting indemnification must provide the other party with notice of any such claim, action, etc. within ten (10) business days of receipt. The following provision only applies for New York State Public School Districts, and Boards of Cooperative Educational Services facilities (“BOCES”) subject to New York State Education Law Section 3023: In addition, the District or BOCES agrees to indemnify, save harmless, and protect Pace SOE graduate and undergraduate teaching candidates in field placements at District facilities from financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act resulting in accidental bodily injury to any person, or accidental damage to the property of any person within or without the school building in accordance with Education Law section 3023, including but not limited to the requirement that any such Pace SOE graduate and undergraduate teaching candidates in field placements at District facilities must provide the District’s Board of Education with the original or a copy of any such claim, action, etc. within ten (10) days of the date of service. 12. Cooperation. The parties agree to cooperate with each other in connection with any internal investigations by Pace SOE or the District of possible violation of their respective policies and procedures and any third party litigation, except that Pace SOE shall not be required to have any contact with any Union or Union representatives of the District’s employees or subcontractors or participate in any Union grievance or other proceedings relative to the District’s employees or subcontractors except as a fact witness. 13. Insurance. . Each party shall carry at least the following types (or their equivalents) and amounts of insurance: . - Workers’ Compensation as required by law. | 6 - Commercial General Liability with limits of at least $1 million each occurrence and $2 million general aggregate. Each party shall name the other as an additional insured on their Commercial General Liability insurance policies, and shall provide the other party with certificates of insurance evidencing aforesaid coverages. 14. Confidentiality. (a) Notwithstanding any term or condition of this Agreement to the contrary, regarding the assessment recordings of student teachers and fieldwork students addressed at section 4.(e), at all times hereunder the District and its employees, contractors, and agents shall conduct such recording(s) in compliance with Section 2-d of the New York Education Law. Without limiting the generality of the preceding sentence of this Section 14(e), during the course of performance of this Agreement, the District may be given access to information that relates to Pace’s past, present and future research, development, business activities, products, services, technical knowledge and personally identifiable student and employee information. All of such information shall be deemed to be “Confidential Information” unless otherwise indicated by Pace in writing at or after the time of disclosure. The District may use the Confidential Information only in connection with the specific duties authorized pursuant to this Agreement. Access to the Confidential Information shall be restricted to those of the District’s personnel, representatives and contractors on a need to know basis solely in connection the District’s internal business. The District further agrees that it shall (i) take all necessary steps to inform any of its personnel, representatives or contractors to whom Confidential Information may be disclosed of the District’s obligations hereunder and (ii) cause said personnel, representatives and contractors to agree to be bound by the terms of this Agreement. The District agrees to protect the confidentiality of the Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind. The District agrees to notify Pace of any unauthorized use or disclosure of Confidential Information and to take all actions reasonably necessary to prevent further unauthorized use or disclosure thereof. The terms of this Section shall survive the expiration or termination of this Agreement. (b) During the course of performance of this Agreement, the Pace may be given access to information that relates to the District’s past, present and future research, development, business activities, products, services, technical knowledge and personally identifiable student and employee information. All of such information shall be deemed to be “Confidential Information” unless otherwise indicated by the District in writing at or after the time of disclosure. Pace may use the Confidential Information only in connection with the specific duties authorized pursuant to this Agreement. Access to the Confidential Information shall be restricted to those of the Pace’s personnel, representatives and contractors on a need to know basis solely in connection Pace’s internal business. Pace further agrees that it shall (1) take all necessary steps to inform any of its personnel, representatives or contractors to whom Confidential Information may be disclosed of Pace’s obligations hereunder and (ii) cause said personnel, representatives and contractors to agree to be bound by the terms of this Agreement. Pace agrees to protect the confidentiality of the Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind. Pace agrees to . 7 notify the District of any unauthorized use or disclosure of Confidential Information and to take all actions reasonably necessary to prevent further unauthorized use or disclosure thereof. The terms of this Section shall survive the expiration or termination of this Agreement. (c) Any Pace student assigned to the District shall review and sign Appendix B, a Candidate Confidentiality and Non-Disclosure Agreement, before commencing their assignment to the District. 15. Discrimination Prohibited: 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, Pace SOE agrees it shall not discriminate against any employee or applicant for employment or individual associated with the 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. 16. Sexual Harassment: Federal and state laws and the policies of the 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 District employees or students. Pace SOE shall inform its r its employees, agents, and consultants of their responsibility not to engage in acts of sexual harassment of District employees or students. In the event the District, in its reasonable judgment, determines that Pace SOE, its officers, directors, employees, agents and/or consultants have committed an act of sexual harassment, upon notice from the District, Pace SOE shall cause such person to be removed from servicing the District and shall take such other action as may be reasonably necessary to cause such sexual harassment to cease. 17. Force Majeure. Notwithstanding anything to the contrary contained in the Agreement, neither party shall be liable, nor shall any credit or other remedy be extended, for such party’s failure, in whole or in part, to fulfill its obligations under the Agreement where such failure arises from or in connection with causes reasonably beyond such party’s control, including, but not limited to, acts of God, flood, extreme weather, fire or other natural calamity, terrorist attack, any law, order, or regulation or action of any governmental entity or civil or military authority, power or utility failure, cable cuts, unavailability of rights-of-way, national emergencies, riots, wars, strikes, lock-outs, work stoppages, or other labor difficulties, or pandemics, epidemics, or other global health emergencies (each a “Force Majeure Event”). If a Force Majeure Event occurs during the term hereof, the materially adversely-affected party(ies) shall be excused from performance hereunder for the duration of the Force Majeure Event. | 8 3 18. Jurisdiction. This Agreement shall be governed by the laws of the State of New York without reference to any choice-of-law rules, regulations, provisions, or principles. Litigation of all disputes between the parties arising from or in connection with this Agreement shall be conducted in a court of appropriate jurisdiction in the City of New York, Borough of Manhattan, State, of New York. 19. Notices. All notices to Pace in connection with this Agreement shall be in writing and sent to: Dean Tresmaine Grimes School of Education Pace University 861 Bedford Road Pleasantville, New York 10570 with simultaneous copies of all litigation-related notices (which copies do not constitute notice) to: Joseph A. Capparelli Vice President for Finance Pace University 100 Summit Lake Drive Valhalla, NY 10595 and Pace University Counsel One Pace Plaza New York, NY 10038 All notices to the DISTRICT in connection with this Agreement shall be sent to: << Denise Bisaccia, District Clerk denise. bisaccia@chufsd.org 914-271-4793 Denise Cohen denise.cohen@chufsd.org 914-271-4793 20. Entire Agreement. | 9 This Agreement, together with any exhibits or addenda annexed hereto, is the sole, complete, and exclusive expression of the parties’ intent with respect to the subject matter hereof. Notwithstanding the foregoing, in the event of any conflict or discrepancy between the terms and conditions of this Agreement and those of any exhibit, rider, or addendum hereto, the terms of this Agreement shall control. This Agreement may be amended or modified only by a writing countersigned by authorized representatives of each party. 21, Severability. If a court holds any provision of this Agreement to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect and the parties shall amend this Agreement to give effect to the stricken clause to the maximum extent possible. 22. No Waiver. Failure of either party to enforce any of its rights hereunder shall not constitute a waiver of such right(s) or of any other rights and shall not be construed as a waiver or relinquishment of any such provisions, rights, or remedies; rather, the same shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. PACE UNIVERSITY By: Joseph A. Capparelli Vice President for Finance, Controller, and Chief Compliance Officer CROTON-HARMON UNION FREE SCHOOL DISTRICT By: By: Name: Name: Title: Title: | 10 APPENDIX A Conditions Concerning the Use of Tuition Vouchers Effective as of July 1, 2021 Tuition Vouchers are awarded to a Mentor Teacher in appreciation for the critical contribution to the professional preparation of a student teacher from Pace. To that end, what follows is registration and payment information for Mentor Teachers. For course advisement and availability of courses, please call the School of Education at 914- 773-3829. e Tuition Vouchers are distributed upon request at the conclusion of the student teaching semester, with maximum limit as set at the discretion of the School of Education and/or Pace University. The following conditions concerning the use of tuition vouchers apply. e Vouchers may be used to waive tuition for up to a 3 credit course at Pace University. It can be solely used for courses taken by the Mentor Teacher to whom the voucher is issued. e¢ Vouchers may be used for credit-bearing courses taken on any campus (Pleasantville or Manhattan) or may be used for any off-campus or online courses that are offered by Pace University. Courses may be taken during any regular semester, day or evening, on Saturdays, during summer school or intersessions. e Vouchers may only be used toward School of Education courses (some program exclusions may apply.) e No more than 2 vouchers may be used during any calendar year. e The user of the voucher must follow the appropriate application and advisement procedures and meet all course requirements and prerequisites. e Enrollment in courses by Mentor Teachers using vouchers is based on space availability and on a first come first served basis. Some special academic programs and courses may have restrictions which will limit enrollment of Mentor Teachers using vouchers. A voucher cannot be used for classes or sections already closed. e Vouchers are awarded with the intention of contributing to the professional development of the mentor teacher/principal to whom they are awarded. e Vouchers may not be used for independent study or tutorial courses. e¢ All applicable fees (e.g. General Institutional, class change, special examination, special course, or laboratory fees) are the responsibility of the user of the voucher and must be presented with the voucher. e Before you can register for a course, you need to contact Elizabeth Luongo at eluongo@pace.edu for an authorization approval signature. Vouchers must be presented at the time of registration. e The-voucher is valid for up to one year from the date of issuance. No extensions of time will be granted. Vouchers are non-renewable should they expire. Students must register prior to the expiration date shown on the reverse side. i 11 { ¢ Lost.vouchers will: not be replaced. e These conditions are subject to change. Voucher use may be restricted to the conditions.in force at the time of issuance. ¢ Should you find the need to withdraw from a course, the university ‘policy for withdrawal will apply. Please see the withdrawal policy in the general information section. | i i 1 ! ; I | I | t 1 12 : Appendix B ; Candidate Confidentiality and Non-Disclosure Agreement I, (name) understand and accept the following conditions regarding confidentiality and non-disclosure of confidential information while completing my clinical experience at (the "School"). a. In the performance of my clinical experience, I will be given access to data and information the school has determined to be confidential. “Confidential Information” shall mean any all information disclosed, developed or otherwise derived in accordance with the clinical experience including but not limited to, confidential data, information, and materials relating to the disclosing parties’ business such as student records, records of faculty or staff, business information, correspondence and other material. b. Confidential information may come in various forms and formats including, but not limited to hardcopy, photocopy, microform, automated and/or electronic form, visual and verbal. c. Confidential Information does not include, and the restrictions upon use and disclosure of Confidential Information shall not apply to, information that: i. was in the position or control of the Recipient before it was received; ii. is available, or becomes available, to the public through no fault of Recipient; iii. is rightfully received from sources not bound by a similar confidentiality agreement with Discloser, or iv. is independently developed by Recipient without use of the Confidential Information. d. If I or my representatives are requested or required by applicable laws, judicial orders or governmental regulations (i.e., without limitation, by oral questions, interrogatories or other requests for information or documents in legal proceedings, subpoena, civil investigative demand or other similar proceeding (the “Legal Requirement’)) to disclose any Confidential Information or any of the facts, disclosure of which is prohibited under this Agreement, then I shall advise School with prompt written notice of any such request or requirement so that the School may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. If I am legally compelled to disclose such Confidential Information, or if the School in writing waives compliance with the provisions of this Agreement, I may disclose, without liability hereunder, such Confidential Information in accordance with the Legal Requirement. e. I will not access Confidential Information, particularly student data, unless I am authorized by my school supervisor to do so, and I agree to maintain the confidentiality and privacy of confidential information, particularly student data, during and after my clinical experience. I shall not communicate verbally, in writing, by email or any other manner any Confidential Information to any third party including, my college supervisor as well as other colleagues, fellow students, friends and family members. f. I am, or agree to become, familiar with the school’s data privacy and security policies, the parents’ bill of rights and FERPA policies and agree to comply with New York State Education | > 1 3 Law 2-d and its Part 12 regulations regarding student and teacher/principal personally identifiable information (“PII”). g. I agree to attend any training on data privacy and security that the school may require. h. This Agreement shall not be modified, amended, canceled or superseded except by an instrument in writing and executed by me. i. Neither this Agreement nor the providing of Confidential Information shall obligate me to enter into any other agreement with the School. j. The foregoing constitutes the entire Agreement with respect to the subject of this Agreement, and any and all written or oral agreements, proposals or understandings heretofore existing between me and the School pertaining to the specific subject matter of this Agreement are expressly cancelled. (Candidate) (Date) | oo 14 ‘8 APPENDIX'C ; oe ‘Insurance Requirements |