The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on Monday, August 17, 2026, was called to order by Mayor Brian Marsh at 6:00 P.M.
PRESENT:
Brian Marsh, Mayor
Molly Harbour, Trustee
Nicholas Kalogridis, Trustee
Timothy Lane, Trustee
Lisa Neuman, Trustee
Donald Handerhan, Village Clerk
Mary Jane Vredenburg, Village Treasurer
Stephen Rehfuss, Village Attorney
Also attending: Bill Garvey, Mark Carnegie, Jason Carnegie, Mike & Susan MacKay, Pat Brundrage, Diane MacFarland, Diane Leonard, Jerry Ruppert, Nan Miller, Kerry Franklin, Steve Boulet
Virtual attendance: Kathy Mosca, Susan, Val Parker
The Mayor led the Pledge of Allegiance and stated that this meeting is recorded.
Resolution Number: 270039
Trustee Neuman moved to accept the August 3, 2026, Village Board Meeting Minutes, and Trustee Kalogridis seconded.
ADOPTED:
Trustee Harbour voting Abstained
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Trustee Neuman voting AYE
Mayor Marsh voting AYE
Resolution Number: 270040
Trustee Lane made a motion to approve payment for the following, which Trustee Harbor duly seconded.
WARRANT for August 17, 2026:
GENERAL totaling $ 67,642.59
WATER totaling $ 429.15
SEWER totaling $ 7,552.50
TOTALS $ 75,624.24
PAYROLL #5: totaling $120,242.20
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Trustee Neuman voting AYE
Mayor Marsh voting AYE
Mayor Marsh led a discussion regarding paving the upper part of Simmons Lane and repairing a storm drain on Simmons Lane. Because of the project cost, it must be advertised in the Times Union to go out for bid. Discussion followed.
Resolution Number: 270041
Trustee Harbor made a motion to approve going out to Bid for paving Simmons Lane, duly seconded by Trustee Lane.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Trustee Neuman voting AYE
Mayor Marsh voting AYE
Mayor Marsh led a discussion about the condition of Sage Hill Lane, which needs to be paved. This project would need to get 3 quotes. Discussion followed.
Resolution Number: 270042
Trustee Lane made a motion to approve going out to get quotes for paving Sage Hill Lane; Trustee Harbor duly seconded.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Trustee Neuman voting AYE
Mayor Marsh voting AYE
Mayor Marsh advised he has sent the following letter to CPKC Rail Administration regarding the condition of the rails in Menands:
Mayor Marsh led a discussion regarding the Memorandum of Understanding with Menands School for the Student Resource Officer. The MOU will be in effect for the next 3 school years, and the Village will receive the following for the SRO from the school:
26-27 27-28 28-29
September15 $43,000 $45,000 $47,000
February 15 $43,000 $45,000 $47,000
Overtime Rate $69.60 $69.60 $69.60
Discussion followed.
Resolution Number: 270043
Trustee Harbour made a motion to approve the three-year Memorandum of Understanding with Menands School for the Student Resource Officer and to authorize the Mayor to sign, Trustee Lane duly seconded.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Trustee Neuman voting AYE
Mayor Marsh voting AYE
Mayor’s Report:
1. The Mayor is working with Solar Simplified to check the billing issue with National Grid.
2. On Thursday, August 20, the Mayor and Trustee Lane are taking a Tour of Extreme Molding
3. The Old Welcome to Menands signs have been removed, and new signs should start to be installed in 2 weeks.
4. Will be introducing a weight restriction Local Law on Simmons Lane at the next meeting
5. Will be working with Treasurer Vredenburg to complete the Sewer agreement with the Town of Colonie
6. On September 9, there will be a Ribbon Cutting at NSH Group
7. Will be introducing a Kratom Ban Local Law at the next Meeting
8. Working with Regeneron for Site Plan Review
Trustee’s Report:
Neuman:
1. The Library has many events going on
2. The Polk Switzer Park Committee will be meeting and will have a table set up at Community Night
Kalogridis:
1. Behind the Park garage needs to be repainted.
Lane:
1. Gave an update on the Little River Project
Harbour:
1. Community Night is Wednesday
a. The Seniors will be selling chowder
2. School will be starting construction in the fall
3. Seniors will be going to the track
4. Asked a question regarding over-budget items. Discussion followed
Clerk’s Report:
1. Mohawk-Hudson River Bike-Hike Trail through Menands for the annual Mohawk Hudson River Marathon and Half Marathon on Sunday, October 11, 2026.
2. Reminder: Due to the Labor Day holiday, the next meeting will be Tuesday, September 8.
Treasurer’s Report:
1. Late notices were sent out for water bills
Mayor Marsh read the following statement regarding expectations for proper conduct and decorum during Public Comments:
Public comment is an important part of the democratic process. It provides residents with the opportunity to share their perspectives, raise concerns, and contribute to the decision-making process. To keep this time productive and respectful for everyone involved, all participants must follow these standards of proper discipline.
• State your name for the record
• Comments of any length may be provided to the Village Clerk.
• The public may only speak during the Public Comment period.
• The presiding officer must recognize speakers.
• Speakers must limit their remarks to 3 minutes.
• All remarks must be addressed to the Board as a body and not to individual Board Members
Thank you for your cooperation and commitment to respectful civic engagement.
General Comments:
Resident Bill Garvey:
1. While at Ganser Smith Park he found a toy that he put it on the pavilion
2. When will 33 Glenwood be completed from its remodel?
3. The pavilion railing needs to be repainted
4. When is the Village going to replace the Salt Shed?
5. Is sorry for the loss of Harbe Nagi
6. On 6/28/26 He swept the following:
a. Outside the Police Trailer
b. The Sidewalk between the Pump Station and Riverview
c. Stairwell of the Main Pump Station
7. Proposes the following:
a. Pave Market Road
b. Remove the branched blocking the street signs at Cornell Drive
8. The following Dead-end signs need to be replaced:
a. Kenmare
b. South Lyons
c. Canal Road
d. Elmwood Rd
9. Place a stuffed animal at Harbe Nagi’s memorial
10. Happy to see a tree limb that fell in Ganser Smith Park was removed by DPW
11. On 7/4/26 reported that the men’s room paper towel dispenser was not working
12. Thanks, DPW for clearing a fire hydrant that was covered by weeds on Broadway
13. Observed several vehicles parked in Fire Lane at the Park on 4th of July weekend
14. While on Cemetery Ave a fire hydrant is covered with weeds
Resident Nan Miller:
1. Asked about the time frame for paving. Discussion followed.
2. Asked if the speed trailer could be placed on Sage Hill Lane. Discussion followed.
Resident Steve Boulet:
1. Thanked the Board for working on the Local Law Banning Kratom
2. Asked if Community Night will be at the Park or the Market. If it’s going to rain, it will be at the Market.
Resident Diane MacFarland:
1. Which parts of Sage Lane are going to be paved? Discussion followed
2. Does the Village advise new homeowners what the Village offers to them? Discussion followed
Resident Pat Brundage:
1. Asked: Now that they removed the sidewalks on Hutton Street, are they going to be placed before winter? Discussion followed
Resident Jerry Ruppert:
1. Asked when they repave Sage Hill Lane, please make sure they remove the soils.
AT 6:55 P.M. Trustee Harbour made a motion to enter Executive Session to discuss a Personnel Matter, Trustee Lane duly seconded.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Trustee Neuman voting AYE
Mayor Marsh voting AYE
The regular meeting reconvened at 7:49 P.M.
A motion was made by Trustee Harbour to adjourn, Trustee Neuman duly seconded.
ADOPTED:
Trustee Harbour voting AYE
Trustee Kalogridis voting AYE
Trustee Lane voting AYE
Trustee Neuman voting AYE
Mayor Marsh voting AYE
The meeting was duly adjourned at 7:49 P. M.
I, Donald Handerhan, Village Clerk for the Village of Menands, Do Hereby Certify that the foregoing is a true and correct report of all motions and resolutions and or enacted, and all other procedures had and taken by the Village of Menands Board of Trustees at the regular meeting held on August 17, 2026.
_____________________
Donald Handerhan
Village Clerk
COMMUNITY RESOURCE OFFICER AGREEMENT
AGREEMENT IS MADE THIS 8th DAY OF June 2026 by and between the Board of Education of the Menands Union Free School District, having its principal place of business at 19 Wards Lane, Menands, NY 12204 (hereinafter referred to as “School Board”) and the Village Board of the Village of Menands, having its principal place of business at 280 Broadway, Menands, NY 12204 (hereinafter referred to as “Village”)
WHEREAS, Education Law §2801-a was amended, effective July 1, 2019, to require school districts that retains law enforcement or public or private security personnel to enter into a written contract or memorandum of understanding that defines the relationship between the district, school personnel, students, school visitors, law enforcement, and public or private security personnel;
WHEREAS, Education Law §2801-a further requires such contracts to be developed with the input of specified stakeholders, including parents, students, school administrators, teachers, collective bargaining units, parent and student organizations, and community members, as well as justice system representatives such as probation officers, prosecutors, defense counsels, and courts familiar with school discipline;
WHEREAS, pursuant to these discussions, the Village desires to provide a Community Resource Officer (CRO) to the Menands Union Free School District which officer shall be deployed in Menands School; and
WHEREAS, the School Board and the Village wish to enter into an agreement defining the relationship between the CRO and the School Board, school personnel, students, and visitors, and to further define the roles, responsibilities, and involvement of the CRO within the school district.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The term of this Agreement is from September 1, 2026, through June 30, 2029. This Agreement may be sooner terminated by either party, with or without cause, upon thirty (30) days’ written notice.
2. The parties, in conjunction with the Menands Police Department, establish the following goals and objectives with regard to the CRO program in the Schools: (a) to maintain a safe campus environment that \-Vill be conducive to learning; (b) to create a unity between law enforcement, community and the youth of the school; (c) to serve as consultants to school staff, parents and youth on safety matters which will provide a better environment for the students and teachers in which to pursue their respective tasks; (d) to serve as a role model to students.
3. The Village agrees in conjunction with the Menands Police Department to provide a CRO during the term of this Agreement. The CRO shall be subject to the administration, supervision, and control of the Menands Police Department, unless otherwise provided in this agreement.
4. The Chief of Police of the Menands Police Department and the Superintendent for Schools for the District shall jointly select a police officer to serve as CRO assigned to the Menands School.
5. The District shall provide payment to the Village to cover the costs associated with placement of the CRO, payable as set forth in Appendix A. The CRO shall remain an employee of the Village and the Menands Police Department for all purposes and shall not be considered an employee of the District for any purpose. The Village shall be responsible for tax withholding requirements under federal, state, and local law and for issuing the W-2 or 1099 Form as required by law.
6. The Menands Police Department, in its sole discretion, shall have the authority to discharge and discipline the CRO.
7. The Village shall indemnify and hold harmless the Menands Union Free School District from any claims, suits or causes of action arising out of allegations of unfair employment practices brought by the CRO.
8. The Chief of Police shall be responsible for ensuring that substitute coverage is provided in the event of the absence or illness of the assigned CRO. The temporary substitute shall meet all required qualifications of the CRO and shall be capable of performing all CRO responsibilities set forth in this Agreement.
9. Any CRO to be appointed by the Menands Police Department shall have the following qualifications:
(a) The CRO shall be a full-time certified police officer.
(b) The CRO shall possess sufficient knowledge of applicable Federal and State laws and Village ordinances as well as the School Board’s policies and regulations.
(c) The CRO shall be capable of conducting in-depth investigations.
(d) The CRO shall possess an even temperament and set a good example for District students.
(e) The CRO shall possess communication skills conducive to functioning effectively within the school environment.
10. The responsibilities of the CRO as set forth below shall be performed under the supervision of the Superintendent and/or the Superintendent’s designee. The Superintendent or the Superintendent’s designee may determine at any time during the term of this Agreement, in his or her sole discretion, that the CRO shall not engage in any of the responsibilities listed herein:
(a) Abide by School Board policies, including all policies applicable to police, visitors, and contractors, and consult with and coordinate activities through the Superintendent and/or the Superintendent’s designee. However, the CRO shall remain fully responsible to the Menands Police Department in all matters relating to employment and supervision.
(b) The CRO shall develop an expertise in presenting various subjects, particularly in meeting Federal and State mandates in drug abuse prevention education and shall provide these presentations at the request of school personnel in accordance with the established curriculum.
(c) Encourage group discussions about law enforcement with students, faculty, and parents.
(d) School discipline is solely the responsibility of school administrators. The CRO will not be involved in the enforcement of disciplinary infractions under the District code of conduct or enforcement of the code of conduct.
(e) Attend meetings with parents and faculty groups to solicit their support and understanding of the CRO program and to promote awareness of latest CRO functions.
(f) Where possible, serve as a member of the relevant committees, familiarizing all community agencies which offer assistance to youths and their families, such as mental health clinics, drug treatment centers, etc. Where necessary, the CRO may make recommendations for referrals.
(g) Confer with the Superintendent and/or the Superintendent’s designee to develop plans and strategies to prevent and/or minimize dangerous situations on or near campus or involving students at school related activities.
(h) Perform such duties as determined by the Superintendent and/or the Superintendent’s designee. However, such duties shall not include things normally assigned to school personnel such as lunchroom or hall duty. Nothing herein shall preclude the CRO from being available in an area where interaction with students is expected.
(i) The CRO shall be familiar with and abide by school board policy and applicable law concerning interviews with students should it become necessary to conduct formal law enforcement interviews with students or staff on school property or at school functions under the jurisdiction of the School Board.
(j) Should it become necessary to conduct formal police interviews with students, the CRO shall adhere to District policy, Village policy, and any applicable federal or state legal requirements with respect to such interviews. Reports by the District to the police shall be made pursuant to applicable District policy, law, and regulations.
(k) The CRO shall act as a liaison for other law enforcement officers in matters regarding school board policies while those other officers are on school grounds.
(l) In order to assure the peaceful operation of school related programs the CRO shall, whenever possible, participate in or attend school functions.
(m) The CRO shall reaffirm the role as law enforcement officer by wearing the Menands Police Department uniform, unless doing so would be inappropriate for scheduled school activities. However, the uniform shall be worn at events where it will enhance the image of the CRO and his ability to perform his duties.
(n) Whenever possible the CRO shall coordinate with the Superintendent and/or the Superintendent’s designee and be responsible for law enforcement and security activity at extracurricular events as determined by the Superintendent and or her designee.
11. It is understood and agreed that the CRO in pursuing the performance of CRO duties shall coordinate and communicate with the Superintendent and/or the Superintendent’s designee.
12. The Menands Police Department shall provide the appropriate in-service training for the CRO to enable the CRO to function efficiently in a school environment. However, the District may also provide training in school policies, regulations and procedures, or additional training in other matters relating to students and their safety.
13. The Menands Police Department shall provide a vehicle for the CRO, which will be maintained by the Village of Menands Police Department, providing among other things fuel, tires, etc. and all expenses associated with the operation of the vehicle, including insurance. The Police Department will also provide the CRO with a service weapon and ammunition, which the CRO shall be permitted to carry on District property, and the usual and customary office supplies and forms required in the performance of the CRO’s duties as a police officer.
14. The school district shall evaluate annually the CRO program and the performance of the CRO on forms developed jointly by the parties to this Agreement. Such evaluation by the School Board and the Menands Police Department shall be performed in order to evaluate the performance of the CRO in accordance with the Department rules and regulations and also ascertain what, if anything, can be done to improve the CRO program.
15. The Village, at its sole expense, shall procure and maintain such policies of commercial general liability, malpractice, abuse or molestation liability, commercial auto liability and other insurance as shall be necessary to insure the Village and the District, including the Board of Education, employees and volunteers, as additional insured, against any claim for liability, personal injury, or death occasioned directly or indirectly by the Village in connection with the performance of the CRO’s responsibilities under this Agreement; each such policy with the exception of commercial auto shall provide a minimum coverage of One Million Dollars ($1,000,000.00) per occurrence subject to an annual aggregate of Three Million Dollars ($3,000,000). The commercial auto policy shall have a combined single limit of no less than One Million Dollars ($1,000,000). The insurance is to be underwritten by a licensed and/or admitted New York State Insurer with a minimum Best’s rating of A-minus. In the event any of the aforementioned insurance policies are canceled or not renewed, the Village shall notify the District in writing within thirty (30) days of such cancellation or non-renewal. Upon the execution of this Agreement, the Village will supply the District with a Certificate of Insurance including the District, Board of Education, Employees and Volunteers as Additional Insured, a copy of the Declaration pages of the policies, and a copy of the additional insured endorsement. The provisions of Paragraph 15 shall survive the termination and/or expiration of this Agreement.
16. The Village shall be solely responsible for and shall indemnify, defend and hold harmless the District and its officers, employees, and agents (the “Indemnified Parties”) from and against any and all liabilities, losses, costs, expenses (including, without limitation, reasonable attorneys’ fees and disbursements) and damages (“Losses”), arising out of or in connection with any acts or omissions of the Village and/or the Village’s officers, employees, and agents, regardless of whether taken pursuant to or authorized by this Agreement and regardless of whether due to negligence, fault, or default, including Losses in connection with any threatened investigation, litigation or other proceeding or preparing a defense to or prosecuting the same, subject to the terms and limits of the insurance carried by the Village, which shall in no event be less than Eleven Million Dollars ($11,000,000) during the term of this Agreement.
The Village shall, upon the District’s demand, promptly and diligently defend any and all suits, actions, or proceedings which may be brought or instituted against one or more Indemnified Parties for which the Village has an obligation to provide a defense and the Village shall pay and satisfy any judgment, decree, loss or settlement in connection therewith, subject to the terms and limits of the insurance carried by the Village, which shall in no event be less than Eleven Million Dollars ($11,000,000) during the term of this Agreement. The Village shall, and shall cause the Village’s officers, employees, and agents, to cooperate with the District in connection with the investigation, defense or prosecution of any action, suit or proceeding, related to the subject matter of this Agreement. The Village agrees to notify the District immediately in the event its insurance falls below Eleven Million Dollars ($11,000,000). Failure to provide immediate notice to the District shall constitute a breach of this Agreement and shall be grounds for immediate termination of same by the District. The provisions of Paragraph 16 shall survive the termination and/or expiration of this Agreement.
17. The School Board agrees to indemnify and hold harmless the Village of Menands and Menands Police Department from any injuries or losses occasioned to the CRO by the negligence of the School Board’s officials, employees, representatives, subcontractors, assignees, or agents.
18. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce every provision of this Agreement.
19. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce every provision of this Agreement.
20. Should any provision of this Agreement, for any reason, be declared invalid and/or unenforceable, such decision shall not affect the validity of the remaining provisions of this Agreement. Such remaining provisions shall remain in full force and effect as if this Agreement had been executed with the invalid provision(s) eliminated.
21. The CRO shall maintain detailed and accurate records in his or her role at any school at which he or she is stationed and shall submit reports as required by the Superintendent and/or the Superintendent’s designee.
22. It is the understanding of both the District and Village that confidentiality and a student’s right to privacy are of the utmost importance in the administration of these services. Therefore, student records shall be kept confidential in accordance with all applicable laws and professional standards. The mandate to keep student records confidential includes but is not limited to the requirement that the CRO may not disclose any information obtained from a student record to any other party without the prior consent of the parent or eligible student, unless otherwise permissible under applicable law. The CRO shall maintain a record of the disclosure of any information obtained from a student record to any other party, including but not limited to, the Village, or other law enforcement agency or officer; and shall provide such record to the District on a monthly basis.
23. If confidential information in a student’s record is sought by the CRO, but no emergency situation exists, the information may be released to the CRO only upon the issuance of a search warrant or subpoena to produce the records, or as may otherwise be permissible under the Family Educational Rights and Privacy Act (“FERPA”).
24. If confidential information in a student’s record is needed in an emergency to protect the health or safety of the student or other individuals, school officials may disclose to the CRO that information which is needed to respond to the emergency situation based upon: the seriousness of the threat to someone’s health or safety, the need of the information to meet the emergency situation, and the extent to which time is of the essence. Pursuant to FERPA, the District hereby designates the CRO as the District’s “law enforcement unit” for the purpose of enforcing any federal, State, or local law and maintaining the physical security and safety of the schools to which they are assigned, and as such shall have access to student education records as appropriate in order to carry out their CRO duties. The Village agrees to execute the Education Law Section 2-d rider annexed to this Agreement as Exhibit “B.”
25. To the extent applicable, the Village shall comply with any applicable provisions of the Safe Schools Against Violence in Education (“SAVE”) Act including, but not limited to, background checks and fingerprinting of all staff directly providing services to students, including the CRO. To the extent required, all persons providing services to the District pursuant to this Agreement MOU, including the CRO, must receive clearance for employment by the New York State Education Department prior to the provision of such services.
26. It is expressly understood that this Agreement shall not be assigned or transferred without prior written consent of the other party.
APPENDIX “A”
WORK HOURS AND PAYMENT
1.Hours. The CRO’s regular duty shall be 40 hours per week for up to 185 total days. The CRO shall work during the months when school is in session (September through June) from 7:30
a.m. to 3:30 p.m. The normal hours of a workday for the CRO shall be aligned with the school day for all days that teachers are required to report to school.
2.Comp Time / Overtime. From time to time, the CRO may be required to work more than eight (8) hours of regular scheduled duty on a given day. In such instances, the additional time worked by the CRO shall be credited as “school comp time.” School comp time may be used to offset days where the CRO is scheduled to work but does not have to report due to the closing of school, or for scheduled half-days. At the end of each school year, any school comp time that has not been utilized by the CRO shall be converted to overtime or carried forward into the next school year, based upon the CRO’s request, upon approval by the
Superintendent Authorized overtime shall be billed at the following rates.
Year 2026-27 2027-28 2028-29
Overtime Rate $69.60 $69.60 $69.60
District Approved Events:
Camp Chingachgook (1 day), Parents’ Night, Hispanic Heritage Celebration, Winter Concert, Black History Month Celebration, Multicultural Night, Literacy Night, Evening of the Arts, Graduation.
Additional dates that are requested by the District will be approved by the Department but will be billed at the overtime rates listed above.
No comp time shall be incurred where the Menands Police Department dispatches officers to the District or a District-sanctioned event in response to a call for assistance consistent with the Department’s regular service and duties.
3.Invoice. The Village shall submit invoices to the District, as follows:
Year 2026-27 2027-28 2028-29
Base Salary $86,000 $90,000 $94,000
Invoice Dates Sept 15: $43,000
Feb 15: $43,000 Sept 15: $45,000
Feb 15: $45,000 Sept 15: $47,000
Feb 15: $47,000
Invoices shall also account for any comp time that has been converted to overtime, pursuant to Paragraph 2 of this Appendix.
The District agrees to make payment within thirty (30) days of the date of any invoice submitted by the Village.
APPENDIX “B”
EDUCATION LAW 2-d RIDER
New York State Education Law 2-d was enacted in 2014 to address concerns relative to securing certain personally identifiable information. In order to comply with the requirements of Education Law 2-d, educational agencies and certain third-party contractors who contract with educational agencies must take certain additional steps to secure such data. These steps include enacting and complying with a Parents’ “Bill of Rights” relative to protected data, ensuring that each third-party contractor has a detailed data privacy plan in place to ensure the security of such data, and that each third-party contractor sign a copy of the educational agency’s Parents’ Bill of Rights, thereby signifying that the third-party contractor will comply with such Parents’ Bill of Rights. This Agreement is subject to the requirements of Education Law 2-d, and the Village of Menands (the “Contractor”) is a covered third-party contractor.
In order to comply with the mandates of Education Law 2-d, and notwithstanding any provision of the Agreement between the Menands Union Free School District (the “District”) and Contractor to the contrary, Contractor agrees as follows:
Contractor will treat “Protected Data” (as defined below) as confidential and shall protect the nature of the Protected Data by using the same degree of care, but not less than a reasonable degree of care, as the Contractor uses to protect its own confidential data, so as to prevent the unauthorized dissemination or publication of Protected Data to third parties. Contractor shall not disclose Protected Data other than to those of its employees or agents who have a need to know such Protected Data under this Agreement. Contractor shall not use Protected Data for any other purposes than those explicitly provided for in this Agreement. All Protected Data shall remain the property of the disclosing party. As more fully discussed below, Contractor shall have in place sufficient internal controls to ensure that the District’s Protected Data is safeguarded in accordance with all applicable laws and regulations, including, but not limited to, the Children’s Internet Protection Act (“CIPA”), the Family Educational Rights and Privacy Act (“FERPA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and Part 121 of the Regulations of the Commissioner of Education, as it may be amended from time-to-time if applicable.
“Protected Data” includes any information rendered confidential by State or federal law, including, but not limited to student data, student demographics, scheduling, attendance, grades, health and discipline tracking, and all other data reasonably considered to be sensitive or confidential data by the District. Protected Data also includes any information protected under Education Law 2-d including, but not limited to:
“Personally identifiable information” from student records of the District as that term is defined in §
99.3 of FERPA,
-AND
Personally identifiable information from the records of the District relating to the annual professional performance reviews of classroom teachers or principals that is confidential and not subject to release under the provisions of Education Law §§ 3012-c and 3012-d. Contractor and/or
any subcontractor, affiliate, or entity that may receive, collect, store, record or display any Protected Data shall comply with New York State Education Law § 2-d. As applicable, Contractor agrees to comply with District policy(ies) on data security and privacy. Contractor shall promptly reimburse the District for the full cost of notifying a parent, eligible student, teacher, or principal of an unauthorized release of Protected Data by Contractor, its subcontractors, and/or assignees. In the event this Agreement expires, is not renewed or is terminated, Contractor shall return all of the District’s data unless otherwise provided, including any and all Protected Data, in its possession by secure transmission.
Data Security and Privacy Plan
Contractor and/or any subcontractor, affiliate, or entity that may receive, collect, store, record or display any of the District’s Protected Data, shall maintain a Data Security and Privacy Plan which includes the following elements:
1.Specifies the administrative, operational, and technical safeguards and practices in place to protect personally identifiable information that Contractor will receive under the contract;
2.Demonstrates Contractor’s compliance with the requirements of Section 121.3 of Part 121;
3.Specifies how officers or employees of the Contractor and its assignees who have access to student data, or teacher or principal data receive or will receive training on the federal and state laws governing confidentiality of such data prior to receiving access;
4.Specifies how Contractor will utilize sub-contractors and how it will manage those relationships and contracts to ensure personally identifiable information is protected;
5.Specifies how Contractor will manage data security and privacy incidents that implicate personally identifiable information including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the educational agency;
6.Specifies whether Protected Data will be returned to the District, transitioned to a successor contractor, at the District’s option and direction, deleted or destroyed by the Contractor when the contract is terminated or expires.
Pursuant to the Plan Contractor will:
1.Have adopted technologies, safeguards and practices that align with the NIST Cybersecurity Framework referred to in Part 121.S(a);
2.Comply with the data security and privacy policy of the District; Education Law § 2-d; and Part 121;
3.Have limited internal access to personally identifiable information to only those employees or subcontractors that need access to provide the contracted services;
4.Have prohibited the use of personally identifiable information for any purpose not explicitly authorized in this contract;
5.Have prohibited the disclosure of personally identifiable information to any other party without the prior written consent of the parent or eligible student:
a. except for authorized representatives such as a subcontractor or assignee to the extent they are carrying out the contract and in compliance with state and federal law, regulations, and its contract with the educational agency; or
b. unless required by statute or court order and Contractor has provided a notice of disclosure to the department, district board of education, or institution that provided the information no later than the time the information is disclosed, unless providing notice of disclosure is expressly prohibited by the statute or court order.
6.Maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of personally identifiable information in our custody;
7.Use encryption to protect personally identifiable information in its custody while in motion or at rest; and
8.Not sell personally identifiable information nor use or disclose it 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.
In the event Contractor engages a subcontractor to perform its contractual obligations, the data protection obligations imposed on the third-party contractor by state and federal law and contract shall apply to the subcontractor.
Where a parent or eligible student requests a service or product from a third-party contractor and provides express consent to the use or disclosure of personally identifiable information by the third-party contractor for purposes of providing the requested product or service, such use by the third-party contractor shall not be deemed a marketing or commercial purpose prohibited by the Plan.
Contractor’s signature below shall also constitute an acknowledgement, acceptance, and signature of the District’s Parents’ Bill of Rights.