AGREEMENT, made as of the _____ day of ______________, between the Village of Montgomery, a municipal subdivision of the State of New York with offices located at 133 Clinton Street, Montgomery, NY 12549 (hereinafter referred to as the “Village”), and the Valley Central School District, a municipal corporation of the State of New York, with offices located at 944 State
Rt. 17K, Montgomery, NY 12549 (hereinafter referred to as the “District”). The Village and District also are referred to herein singularly as “Party” and collectively as “Parties.”
WHEREAS, the Village and the District wish to enter into an inter-governmental agreement for the purpose of the facilitation and the carrying out of a School Resource Officer program as set forth herein; and
WHEREAS, this Agreement is made pursuant to General Municipal Law, Article 5-G; and
WHEREAS, it is in the best interest of the District to obtain the services of police officers employed by the Village to serve as “School Resource Officers” (SROs), in the District’s Montgomery Elementary School during the school year period; and
WHEREAS, it is in the best interest, safety, and welfare of the residents of the Village that the Village provide the services of police officers employed by it to the District to serve as SROs in the aforesaid schools during the school year period; and
WHEREAS, the Parties believe that the provision of SROs to schools in the District will serve to advance key objectives in the mutual interests of the Parties, including, but not limited to:
1) the reduction of incidents of school violence; 2) the maintenance of a safe and secure environment on school grounds; and 3) the reduction of criminal offenses committed by juveniles and young adults on school grounds.
NOW, THEREFORE, in consideration of the mutual covenants, promises, representations and conditions contained herein, the Parties hereto agree as follows:
1) The Village hereby agrees to provide one (1) SRO to the District for its use for 180 school days, 7 hours per day, including all days when students are in attendance. The officer shall be deployed to the Montgomery Elementary School (“School”). The Village further agrees to provide a marked police car at the School during the time an SRO is on-site at the School. Should the District have to close for full days for emergency reasons such as a pandemic (not to include weather related reasons), the amount owed to the Village will be prorated accordingly. In the event of a two-hour delay or an early dismissal, the amount owed to the Village will not be modified.
2) The Parties agree that the term of this Agreement shall run from September 1, 2022 to June 30, 2023. The Parties also agree that the provision of SRO by the Village shall commence at a date to be mutually agreed to by the Parties.
3) The salary and benefits of the SRO, both statutory and by collective bargaining agreement, will be paid by the Village. At all times during the term of this agreement, the SRO shall remain an employee of the Village Police Department, and shall not be an employee of the District. The District and the Village acknowledge that the SRO shall remain responsive to the chain of command of the Village Police Department. As the employer, the Village will:
(i) maintain all necessary personnel and payroll records for the SRO; (ii) calculate their wages and withhold taxes and other government mandated charges, if any; (iii) remit such taxes and charges to the appropriate government entity; (iv) pay net wages and fringe benefits, if any,
directly to the SRO; (v) provide Workers’ Compensation and insurance coverage in the amount as required by law; and (vi) provide disability insurance and unemployment insurance to the extent required by law.
4) The District will make payments to the Village as follows:
a) For the period September 1, 2022 through June 30, 2023, the Village shall be paid $54,280.80.
b) The Village will receive the payments set forth in (a) above in equal monthly installments. The Village will send an invoice to the District by the 15th of the month following the month of service. The payment shall be made by the School District within thirty (30) days from the receipt of an invoice from the Village;
5) The Village Police Chief or his designee shall have sole discretion as to the assignment,replacement, and all other matters concerning the SROs assigned under this Agreement, although they will consult with the District before assigning the SRO. If the District is dissatisfied with the performance of a particular SRO, it shall provide a written request to the Village Police Chief for a reassignment setting forth sufficient details indicating the reasons
for the request. The Chief shall evaluate the request and, if need be, shall confer with the SRO and the relevant District and Village officials to see if a resolution can be reached. The Chief shall either grant or deny the request within ten (10) days of receipt of such written request and shall provide notice of the decision in writing to the District.
6) The District and the Village share the following goals and objectives regarding the assignment of an SRO to the School:
a) The SRO will provide a police presence in the District in order to promote an atmosphere of enhanced school safety for faculty, staff, students and parents in the District;
b) The SRO also will serve as a resource to students, teachers, school administrators and parents, so as to:
i) Increase student awareness about crime prevention, internet safety, conflict resolution, violence prevention, restorative justice and peer mediation;
ii) Increase school faculty and staff awareness about policies and procedures for preventing/responding to incidents of violence and other threats to school safety;
iii) Build increased rapport with the student body and school community;
c) The SRO will be available to work cooperatively with teachers to provide education in criminal justice and other related topics, as requested and appropriate, to increase students’ knowledge of and respect for the law and the function of law enforcement agencies;
d) The SRO will conduct criminal investigations with the goal of promoting safety for the school community, establishing a deterrent to delinquent student behavior, and promoting the safety of the students, faculty and administration of the District;
e) The SRO will proactively address problems and pressures, to the extent that they are aware of same, as they relate to students before such problems manifest into socially and legally unacceptable behavior. These problems may involve the use of alcohol, drugs, and tobacco.
They may also involve peer pressure, gang activity, bullying and sexual activity.
f) The SRO will patrol school grounds and protect the students and staff of the school against criminal activity and harm. During patrols, the SRO shall maintain a level of high visibility to the students and staff. The SRO shall follow Department policy when responding to any immediate criminal activity or threat of harm on school grounds.
g) The SRO shall report to the District’s Director of Security for all matters relating to the District, and the Director of Security shall have the authority to direct the SRO’s duties as described herein within the school building, with the exception of any crimes or dangerous activity in progress, during which the SRO shall follow New York State law and Village Police Department Policy and shall coordinate SRO services from multiple agencies.
7) The SRO on-duty shall wear their standard Village-issued uniform with all accessories and equipment thereto, including any issued firearm or non-lethal device (taser, pepper spray, etc.).
8) The SRO shall confer and coordinate with the School principal and other school staff to develop plans and strategies to minimize dangerous situations for students at the school, including evacuation plans. If an evacuation of the school is needed, the SRO shall coordinate the evacuation, unless the SRO needs to respond to an immediate threat of criminal/violent activity.
9) It shall be the responsibility of the District to maintain a list of all specific individuals who are not allowed on school grounds at any given time. The District shall have discretion as to the names placed on said list, but said list must include, but shall not be limited to: suspended students, expelled students, non-custodial parents barred from contact with their children by a
court order, and persons against whom any orders of protection have been issued with respect to students, faculty and administrative personnel of the school, etc. The District shall be responsible for providing the SRO with a copy of said list, and for informing the SRO of any occasion where a person on that list appears on school grounds and must be escorted off the campus. At the request of the District, the SRO shall investigate suspected criminal activity at
the School, so long as it does not conflict with the SRO’s other assigned duties.
10) To the extent that additional police officials are required for a particular investigation, the SRO shall notify the School principal of the need for additional investigative personnel, and shall act as a bridge between said officials and the school administration to coordinate cooperation
between the Parties, with the exception of any crimes or dangerous activity in progress, during which the SRO shall follow New York State law and Village Police Department Policy.
11) The SRO shall abide by all applicable laws, District policy (a copy of which shall be provided to the Village and the SRO), and Village policy when undertaking investigations on school grounds, including formal interviews, searches, etc.
12) In the event that criminal activity has occurred on the school, grounds, the SRO shall have the authority and the discretion to issue citations or make arrests when appropriate and in accordance with applicable law and department policy.
13) Non-criminal disciplinary matters shall remain the province of the District and the SRO shall not be involved in any such matters except to the extent that the SRO’s presence is needed to maintain a safe school environment.
14) In the event that a SRO witnesses a student violating school rules but not to the level of a criminal offense, the SRO’s primary responsibility shall be to inform a relevant school official of the violation. The SRO also may be needed to serve as a complaining witness at the building principal’s informal conference with the student and student’s parent(s) and may be needed to
testify as a witness at the applicable Superintendent’s hearing. The SRO has no power, and no responsibility, to mete out discipline for violations of school rules.
15) In the event that District employees discover weapons, drugs, alcohol, or other illegal contraband on School property, the SRO shall be notified, but if no criminal or juvenile charges are to be brought, following investigation and determination of law enforcement officials, including any police agencies having jurisdiction as well as the Orange County District Attorney’s Office, the primary responsibility of the SRO shall be to confiscate the contraband and dispose of it according to District policy, Village policy and applicable law.
16) The SRO shall not transport any students or staff of the School in their department vehicle unless said persons are the victim of a crime, are under arrest, or other emergency circumstances exist. The SRO shall only be allowed to transport said persons to the Village police station or the nearest emergency medical facility, as the situation warrants. In the event that the SRO is transporting a student, the District shall notify the student’s parent, guardian, or custodian, so that said person can be present at the final destination of the transport.
17) The District shall provide to the SRO a private, climate-controlled office space (subject to the availability of air conditioning, as all schools and offices are not air-conditioned) that can be secured by the SRO when the SRO is not in the office, and which contains a desk with drawers, a filing cabinet for files and records that can be independently locked, a telephone, and a computer. The SRO agrees to abide by any computer policy in place for District employees,
with a copy of said policy to be furnished to each SRO who provides services for the District.
18) Subject to Paragraph 6(g) of this Agreement, any SRO assigned to the District shall remain, at all times, a Village employee, under the direct control and supervision of the Village Police Department, and shall abide by the Department’s rules and code of conduct.
19) All SROs shall familiarize themselves with the relevant District and school building policies/code of conduct, copies of which shall be provided to each SRO, and shall comply with said policies/code to the extent that there is no conflict with their duties or obligations under Department rules or applicable law. The District shall not have any disciplinary authority over an SRO.
20) All SROs shall submit fingerprints, unless already on file with and available for use by the New York State Division of Criminal Justice Services (DCJS), and be criminally cleared by the New York State Education Department (NYSED) to have direct, in-person, face-to-face communication and interaction with the District’s students, in accordance with applicable law
(namely NY Education Law §2503(18), §3035, and 8 NYCRR §87.2(k)(1)[ii]). Fingerprinting costs (if any) and criminal clearance costs shall be paid or reimbursed to the Village by the District.
21) The District warrants and represents that this Agreement is exclusively between the District and the Village. The officers, employees, or agents of the Village shall not be employees of the District for any purpose, including but not limited to, the application of the Fair Labor Standards Act, provisions related to minimum wage and overtime payments, the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, and the New York State Unemployment Insurance Law. The District shall not be liable for obligations, if any, incurred by the Village for unpaid wages or overtime premiums, so long as the District has timely paid all relevant invoices to the Village for the SRO assignments.
22) The Village will provide a substitute SRO if the SRO is absent for any reason or is off-site attending a training event, or other police-related activity. If the Village is unable to find a substitute SRO, it shall contact the Town of Montgomery to see if the Town of Montgomery has an available police officer. If the Town does provide a substitute, the District will prorate the amount owed to the Village for that day(s) when the Village was unable to provide an SRO The District acknowledges that the Village Police Chief or his designee shall retain the right to utilize and direct the SRO to perform other police duties for the Village in emergency circumstances requiring the immediate assistance of the SRO (which circumstances shall not include the Village being short staffed). Any such utilization of the SRO shall occur immediately upon oral notice to the District, from the Office of the Village Police Chief, and
the District shall not be responsible for the payment of the SRO’s rate for any such time when SRO the is performing duties other than that of an SRO.
23) This Agreement does not modify any other services provided to the District by the Village.
24) The District shall indemnify the Village against any liability, loss or expense which may result from any negligent, discriminatory or illegal act of the District or its officers, employees or agents for which the Village might otherwise be liable or sustain loss or expense, unless due to actions or omissions by the Village, its officers, employees or agents. The Village shall indemnify the District against any liability, loss or expense which may result from any
negligent, discriminatory or illegal act of the Village or its officers, employees or agents for which the District might otherwise be liable or sustain loss or expense, unless due to actions or omissions by the District, its officers, employees or agents.
25) Both Parties shall maintain comprehensive general liability, professional liability, and other such insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate, as is appropriate, for the Services being performed and furnished hereunder, will maintain errors and omissions insurance with minimum policy limits of $1,000,000 per occurrence and $2,000,000 aggregate during the term of this agreement, and will provide
protection from and against claims for damages due to bodily injury, sickness, death, and property damage, including the loss of use resulting therefrom, which arises from the Services being performed and furnished hereunder. The Parties shall, prior to the start date of this Agreement, shall exchange certificates of insurance that evidences that such insurance naming
the District and Village, as the case may be, as the insured Party is in full force and effect, and shall maintain such insurance throughout the term of this Agreement.
26) The Village shall not discriminate against any District students, agents, officers, or employees on the basis of age, gender, color, creed, disability, national origin, sexual orientation, or any other class protected by law.
27) The SRO shall, in the course of any investigative duties, be able to review and copy all public records maintained by the District to the extent allowed by law.
28) The Village shall maintain strict confidentiality of all student records and information received by or from the District and/or Village, if any, in accordance with all state and federal applicable laws (including but not limited to the federal Family Educational Rights and Privacy Act (FERPA — 20 USC §1232g; 34 CFR Part 99) and Section 2-d of the New York Education
Law); provided however, that if such records are necessary to perform the duties required of a police officer, the District shall cooperate fully with any subpoena, court order or other lawful process required to authorize disclosure of the records. The parties agree to execute the attached Data Privacy Agreement in accordance with Section 2-d of the New York Education
Law.
29) Either Party may cancel this Agreement, without cause, upon not less than thirty (30) days prior written notice delivered to the other Party via certified mail, return receipt requested and at the addresses set forth in the first paragraph of the Agreement. In the event of termination, the Agreement will continue to govern the Parties’ rights and obligations with respect to
Services performed prior to termination.
30) This Agreement is the entire understanding and agreement between the Parties with respect to the subject matter covered, and all prior agreements, understandings, covenants, promises, warranties and representations, oral or written, expressed or implied, not incorporated into this Agreement are superseded. This Agreement may not be amended or supplemented in any way, except in writing, dated, and signed by authorized representatives of both Parties.
31) Neither Party shall assign, transfer, convey, or otherwise dispose of this Agreement or any of its contents, or its right title, or interest therein, or of its power to execute such contract to any other person, corporation, agency, or other entity.
32) Notices required under this Agreement shall be sufficient if contained in writing and delivered by hand or sent by express or overnight mail or by registered or certified mail, return receipt requested mail, postage prepaid addressed to the Parties as follows: Village of Montgomery, 133
Clinton Street, Montgomery, NY 12549; District Clerk Valley Central School District, 944 State Rt. 17K, Montgomery, NY 12549. All notices of communication should be deemed given when received by the intended recipient.
33) If, for any reason, any provision of this Agreement is held unenforceable by a court of competent jurisdiction, all other provisions of this Agreement will remain in full force and effect, and the unenforceable provision shall be replaced by a mutually acceptable and enforceable provision in accordance with the Parties’ original intent.
34) Claims, disputes, or other matters arising out of or relating to the Agreement or breach thereof, shall be subject to and decided in accordance with the laws of the State of New York, and any such claims or causes arising out of or in connection with the Agreement shall be commenced
in Supreme Court of the State of New York in Orange County.
35) This Agreement shall not take effect until it is approved by both the District’s Board of Education and the Village Board of Trustees.
36) This Agreement may be renewed for consecutive terms of one (1) year, upon the written consent of both the District and the Village.
ADDENDUM TO AGREEMENT
Regarding Data Privacy and Security
In Accordance with Section 2-d of the New York Education Law
This is an addendum (the “Addendum”) to an agreement entered into by between the Village of Montgomery, with its principal place of business located at 133 Clinton Street, Montgomery, New York 12549 (“Contractor”), and the Valley Central School District, with its principal place of business located at 944 State Rt. 17K, Montgomery, New York, 12549 (“District”). Upon being executed by Contractor’s and District’s authorized representatives, this Addendum shall be deemed to have been in full force and effect as of the effective date of the Agreement it amends.
WHEREAS, the District is an educational agency within the meaning of New York State Education Law, Section 2-d (“Section 2-d”), and Contractor is a third-party contractor within the meaning of Section 2-d; and
WHEREAS, Contractor and its authorized officers, employees, students and agents shall have access to “student personally identifiable information (PII),” “student data” and/or “teacher or principal data” regulated by Section 2-d; and
WHEREAS, the provisions of this Addendum are intended to comply with Section 2-d in all respects. To the extent that any term of the Agreement conflicts with the terms of this Addendum, the terms of this Addendum shall apply and be given effect.
NOW, THEREFORE, it is mutually agreed that the Agreement is hereby amended in accordance with this Addendum, as follows:
1. Confidential Information
1.1 Contractor agrees that in performing the Agreement with the District, Contractor may have access to confidential information in the possession of the District, including student, teacher or principal personally identifiable information (“PII”). For the purposes of this Addendum and the
Agreement, it is agreed that the definition of Confidential Information includes all documentary, electronic or oral information made known to Contractor or developed or maintained by Contractor through any activity related to the Agreement. This Confidential information includes student,
teacher and/or principal data (as the terms are defined under Section 2-d).
1.2 Contractor agrees to comply with Section 2-d, and the corresponding regulations promulgated by the Commissioner of Education of New York (“Commissioner”) thereunder. In addition, Contractor agrees to comply with any changes in Section 2-d, or the Commissioner’s
regulations that may be amended or modified during the term of the Agreement. Upon request by the District, Contractor shall provide the District with copies of its policies and related procedures that pertain to the protection of PII. It may be made available in a form that does not violate Contractor’s own information security policies, confidentiality obligations, and applicable laws.
1.3 Upon expiration of the Agreement to which this Addendum applies, without a successor agreement in place, Contractor shall assist the District in exporting all student, teacher and/or principal data previously received by Contractor from, or developed on behalf of, the District, and Contractor shall, at the request of the District, either securely delete any student, teacher and/or principal data remaining in Contractor’s possession or return the student, teacher and/or principal data to the District. If student, teacher and/or principal data is to be maintained by Contractor for any lawful purpose, such data shall remain in an encrypted format and shall be stored on systems
maintained by Contractor in a secure data facility located within the United States.
1.4 The parties further agree that the terms and conditions set forth in this Confidential Information section and all of its subparts shall survive the expiration and/or termination of the Agreement.
2. Data Inspection and Challenges to Data
Education Law Section 2-d and FERPA provide parents and eligible students the right to inspect and review their child’s or the eligible student’s PII stored or maintained by the District. To the extent PII is held by Contractor pursuant to the Agreement, Contractor shall respond within thirty (30) calendar days to the District’s requests for access to PII so the District can facilitate such
review by a parent or eligible student. If a parent or eligible student contacts Contractor directly to review any of the PII held by Contractor pursuant to the Agreement, Contractor shall promptly notify the District and refer the parent or eligible student to the District.
In the event that a student’s parent or an eligible student wishes to challenge the accuracy of student data (pertaining to the particular student) that may include records maintained, stored, transmitted,
and/or generated by Contractor pursuant to the Agreement, the challenge will be processed in accordance with the procedures of the District.
A teacher or principal who wishes to challenge the accuracy of data pertaining to the teacher or principal personally, which is disclosed to Contractor pursuant to the Agreement, shall do so in accordance with the procedures for challenging APPR data, as established by the District.
3. Training
Contractor represents and warrants that any of its officers, employees, and/or assignees who will have access to student, teacher and/or principal data pursuant to the Agreement will receive training on the federal and state laws governing confidentiality of such student, teacher and/or principal data, prior to obtaining initial or any further access to such data.
4. Use/Disclosure of Data
4.1 Contractor shall not sell or use for any commercial purpose student, teacher and/or principal data that is received by Contractor pursuant to the Agreement or developed by Contractor to fulfill its responsibilities pursuant to the Agreement.
4.2 Contractor shall use the student, teacher and/or principal data, records, or information solely for the exclusive purpose of and limited to that necessary for the Contractor to perform the duties and services required under the Agreement. Such services include, but are not limited to school resource officer services. Contractor shall not collect or use educational records of the
District or any student, teacher and/or principal data of the District for any purpose other than as explicitly authorized in this Addendum or the Agreement.
4.3 Contractor shall ensure, to the extent that it receives student, teacher and/or principal data pursuant to the Agreement, that it will not share Confidential Information with any additional parties, including an authorized subcontractor or non-employee agent, without prior written
consent of the District. Contractor shall indemnify and hold the District harmless from the acts and omissions of the Contractor’s employees and subcontractors.
5. Contractor’s Additional Obligations under Section 2-d and this Addendum
Contractor acknowledges that, with respect to any student, teacher and/or principal data received through its relationship with the District pursuant to the Agreement it is obliged to maintain a Data Security & Privacy Plan, and fulfill the following obligations:
• execute, comply with and incorporate to this Addendum as Exhibit A, as required Section 2-d, the Parents’ Bill of Rights for Data Privacy and Security developed by the District, as well as the supplemental information in Exhibit B;
• store all data transferred to Contractor pursuant to the Agreement by the District, in an electronic format on systems maintained by Contractor in a secure data facility located within the United States or hard copies under lock and key;
• limit internal access to student, teacher and/or principal data to Contractor’s officers, employees and agents who are determined to need such access to such records or data to perform the services set forth in the Agreement;
• not disclose student, teacher and/or principal data to any other party who is not an authorized representative of Contractor using the information to carry out Contractor’s obligations under the Agreement, unless: (I) the other party has the prior written consent of the applicable student’s parent 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 is required by statute or court order, and notice of the disclosure is provided to the District no later
than five business days before such information is required or disclosed (unless such notice is expressly prohibited by the statute or court order);
use reasonable administrative, technical and physical safeguards that align with the NIST Cybersecurity Framework and are otherwise consistent with industry standards and best practices, including but not limited to encryption, firewalls and password protection as specified by the Secretary of the United States Department of HHS in any guidance issued under P.L. 111-5, Section 13402(H)(2), to protect the security, confidentiality and integrity of student and/or staff data of the District while in motion or in custody of Contractor from unauthorized disclosure;
• not mine Confidential Information for any purposes other than those agreed to in writing by the Parties. Data mining or scanning of user content for the purpose of advertising or marketing to students or their parents is prohibited; notify the District, in the most expedient way possible and without unreasonable delay, of any breach of security resulting in an unauthorized release of any PII. In addition, Contractor shall take immediate steps
to limit and mitigate the damage of such security breach or unauthorized release to the greatest extent practicable, and promptly reimburse the District for the full cost of any notifications the District makes as a result of the security breach or unauthorized release.
Contractor further acknowledges and understands that Contractor may be subject to civil and criminal penalties in accordance with Section 2-d for violations of Section 2-d and/or this Addendum.
• understand that any breach of the privacy or confidentiality obligations set forth in this Addendum may, at the sole discretion of the District, result in the District immediately terminating this Agreement; and
• familiarize its applicable officers, employees and agents with this Addendum and with the “Parents’ Bill of Rights for Data Privacy and Security.”
The Contractor acknowledges that failure to fulfill these obligations shall be a breach of the Agreement.
6. Except as specifically amended herein, all of the terms contained in the Agreement are hereby ratified and confirmed in all respects, and shall continue to apply with full force and effect.
Exhibit A
District’s Parents’ Bill of Rights
The privacy and security of personally identifiable student data are of paramount importance. Parents (includes legal guardians or persons in parental relationships) and Eligible Students (student 18 years and older) can expect the following:
A student’s personally identifiable information cannot be sold or released for any commercial purposes. PII, as defined by Education Law § 2-d and the Family Educational Rights and Privacy Act (“FERPA”), includes direct identifiers such as a student’s name or identification number, parent’s name, or address; and indirect identifiers such as a student’s date of birth, which when
linked to or combined with other information can be used to distinguish or trace a student’s identity. Please see FERPA’s regulations at 34 CFR 99.3 for a more complete definition. State and federal laws (Education Law § 2-d, the Commissioner of Education’s Regulations at 8 NYCRR Part 121, and FERPA), protect the confidentiality of students’ personally identifiable information, and safeguards associated with industry standards and best practices, such as encryption, firewalls, and password protection, must be in place when such
data is stored or transferred.
Consistent with the adoption by the New York State Legislature of the Common Core Implementation Reform Act of 2014, all parents have the following rights:
• To inspect and review the complete contents of their child’s education record, as defined in the District’s Student Records policy;
• To access a complete list of all student data elements collected by the State, which is available for public review at http://www.nysed.gov/data-privacy-security/student-datainventory or by writing to the Office of Information & Reporting Services, New York State Education Department, Room 863 EBA, 89 Washington Avenue, Albany, NY 12234;
• To have complaints about possible breaches of student data heard and determined.
Complaints should be submitted to NYSED at http://www.nysed.gov/data-privacysecurity/report-improper-disclosure or directed in writing to the Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234, or by email to the Chief Privacy Officer at privacy@nysed.gov or by telephone at (518) 474-0937. Complaints can also be submitted to the District’s Data Protection Officer at (845) 457-2400 or 944 State Route 17K, Montgomery, NY 12549.
To be notified in accordance with applicable laws and regulations if a breach or
unauthorized release of PII occurs.
• Educational agency workers that handle PII will receive training on applicable state and federal laws, policies, and safeguards associated with industry standards and best practices that protect PII.
• Educational agency contracts with vendors that receive PII will address statutory and regulatory data privacy and security requirements.
* In the event the Commissioner of Education issues an enhanced Bill of Rights and/or promulgates regulations setting forth additional elements to be included in the Parents’ Bill of Rights, the Valley Central School District reserves the right to revise this document accordingly.
Exhibit B
Supplemental Information
Pursuant to Education Law § 2-d and Section 121.3 of the Commissioner’s Regulations, the Educational Agency (EA) is required to post information to its website about its contracts with third-party contractors that will receive Personally Identifiable Information (PII).
Name of Contractor: Village of Montgomery
Description of the purpose(s) for which Contractor will receive/access PII: Provision of School Resource Officers to the District
Type of PII that Contractor will receive/access: Student PII
Contract Term: September 1, 2022- June 30, 2023
Subcontractor Written Agreement Requirement: Contractor will not utilize subcontractors without a written contract that requires the subcontractors to adhere to, at a minimum, materially similar data protection obligations imposed on the contractor by state and federal laws and regulations, and the Contract. (check applicable option): Contractor will not utilize subcontractors.
Data Transition and Secure Destruction: Upon expiration or termination of the Contract, Contractor shall:
• Securely transfer data to EA, or a successor contractor at the EA’s
option and written discretion, in a format agreed to by the parties.
• Securely delete and destroy data
Challenges to Data Accuracy: Parents, teachers or principals who seek to challenge the accuracy of PII will do so by contacting the EA. If a correction to data is deemed necessary, the EA will notify Contractor. Contractor agrees to facilitate such corrections within 21 days of receiving the EA’s written request.
Secure Storage and Data Security: Please describe where PII will be stored and the protections taken to ensure
PII will be protected: (check all that apply)
☐ Using a cloud or infrastructure owned and hosted by a third party.
☐ Using Contractor owned and hosted solution
☐ Other:
Please describe how data security and privacy risks will be mitigated in a
manner that does not compromise the security of the data:
Contractor will use reasonable administrative, technical and physical
safeguards that align with the NIST Cybersecurity Framework and are
otherwise consistent with industry standards and best practices, including but
not limited to: encryption, firewalls, and password protection as specified by
the Secretary of the United States Department of HHS in any guidance
issued under P.L. 111-5, Section 13402(H)(2), to protect the security,
confidentiality and integrity of student data of the District while in motion or
in custody of Contractor from unauthorized disclosure.
Encryption: Data will be encrypted while in motion and at rest.