Pre-Kindergarten Request for Proposals 2026-27

An organization responding to this RFP must be a licensed provider of childcare and early childhood education, a day-care provider, an early childhood program, a Head Start center or a community-based organization that meets the standards and requirements of Part 151 of the Regulations of the Commissioner of Education and the New York State Child Day Care Regulations at N.Y.C.R.R. Parts 418 and 413.  The program must meet and remain in compliance with all applicable regulations of the District and the State governing the type of early childhood education program provided.  The District reserves the right to contact any licensing authority to obtain information regarding compliance or compliant status regarding any program proposed in response to this RFP.

Proposals must be clearly labeled and submitted to: Marlyn Peters (marlyn.peters@rcsd.us or the district’s mailing address) on or before 3:00pm prevailing time, on August 7, 2026. There is no expressed or implied obligation for the District to reimburse responding organizations for any expenses incurred in preparing quotations or attending interview(s) in responding to this request.  Applications submitted after the stated time and date will not be considered and will be returned to the organization unopened.  Questions may be addressed to Marlyn Peters (at marlyn.peters@rcsd.us ). The results of the competitive process shall be made public at a regular meeting of the Board of Education.

 

The following attachments must be submitted with the proposal. Attachment A, Conflict of Interest Certification; Attachment B, Sexual Harassment Policy Certification; Attachment C, Iran Divestment Act of 2012 Certification; Attachment D, Statement of Non-Collusion; and Attachment F, Education Law 2-D Rider. Additionally, proposers must review and respond to Attachment E, Contract Terms, as set forth in Section 12 of this RFP.

All proposals must be submitted in four parts and will be evaluated as such.  Proposals should not be excessively long and should be submitted in a format that permits copying for review.  Three (3) copies of each proposal must be submitted: one copy titled “ORIGINAL” and each of the other two copies titled “COPY.” Submit one copy in digital format. Each page of the proposal must state the organization submitting the proposal, the fact that the RFP is being submitted to Rockland Central School District and the page number.  All materials submitted in response to this request for proposal shall become the property of the District. All proposals shall be subject to full disclosure under the Freedom of Information Law (“FOIL”).

The District reserves the right to reject without prejudice any and all quotations received under this Request for Proposals, to request additional information from all proposers, to negotiate with one or more of the finalists regarding the terms of the engagement, and to make award offers that differ from the organizations’ proposed level of services and/or budget.  The District intends to select the organization(s) that, in its opinion, best meet(s) the District’s needs.

If the proposer has not previously provided UPK services to the District, it must provide a client list for the past five (5) years with a similar scope of services. The client list must include agency name(s), contact person(s), address(es), and telephone number(s). The District reserves the right to contact the clients to determine the quality of services performed and personnel assigned to those projects.

Once an award is approved by the Board of Education, the contract, identified as Exhibit A, will be executed with the organization(s).  The organization will be required to adhere to all contract requirements.  Additionally, the proposal will remain firm for one year, with a mutually agreeable option to renew for 3 one-year terms under the same terms.  

Proposers should note that funding for the District Universal Pre-Kindergarten Program is contingent upon available State Aid, which may determine level of service requested and subsequent contract extensions.

1. WORK TO BE PERFORMED:  Activities for up to 27 children in a full-day session of 5 hours per day in a five-day-per-week program will provide components defined in the State Education Department Regulations 151-1.2 – 151-1.6 and the Board of Education adopted plan.  The program will meet at least 180 days per year and follow the District calendar and hours for transportation purposes.

1. PROGRAM DESIGN:

The activities identified in the program component plans include diversity integration; social, cognitive, linguistic and physical development; developmentally appropriate child community involvement; health and nutrition; services to children with disabilities; language development to children who speak other than English; continuity with early elementary grades.  Curriculum aligns with New York State Pre-Kindergarten Learning Standards and District’s early learning program, is developmentally appropriate, and evidence-based. Please submit a copy of the proposed curriculum. 

 

2.  PROGRAMMATIC OVERSIGHT AND FISCAL MANAGEMENT:

   i.    Describe the experience, capacity, and effectiveness to provide services that meet the 

         goals and objectives of an effective prekindergarten program. 

   ii.   Describe your administrative structure, record management, and document

         procedures you will implement in collaboration with the Huntington School District.

   iii.  Outline your fiscal solvency, anticipated fiscal share, and other resources that will

          be contributed to the program.

 

3. FACILITIES COMPLIANCE:  Section 151-1.7 of the Regulations of the Commissioner of Education (8NYCRR) SUBPART 151-1 Universal Prekindergarten sets forth the requirements that must be met by all facilities used for Universal Pre-Kindergarten classes.  A copy of these regulations and the New York State Education Department Health and Safety Checklist for Prekindergarten Programs is enclosed. An annual site visit is required.

1. STAFFING:  The teacher must hold an NYSED N-6 or Early Childhood (Birth – Grade 2) Teaching Certificate or is supervised by a supervisor on site who possesses either of these Teaching Certificates (submit a copy of the Certificate if available) and a bilingual certificate extension of license when teaching students with Limited English Proficiency. Please describe your organization’s rate of turnover and ability to staff and fill vacancies when teachers are out.

Teaching assistants must have a high school diploma and 6 hours of college credit in a related field. Evidence of diploma and 6 hours of credit must be submitted.

 A teacher aide must have a high school diploma. A copy of diploma must be submitted.

             Class size ratios include:      

                                                 9 or less:   1 teacher

18 or less:  1 teacher: 1 aide/assistant

                                                19-20:        1 teacher: 2 aides/assistants (or combination of each)

1. STAFF DEVELOPMENT AND TRAINING:  Staff Development plans must be submitted with the RFP to District.  Additional staff development will be mutually agreed upon and supported through Teacher Center Advisory Board process and District.

1. Child Assessment: 

1. Must collaborate with the District to implement a screening process as defined in the Commissioners Regulations Part 117. Screening process must include a valid and reliable screening tool that evaluates a broad range of abilities including language and literacy skills, mathematical skills, as well as motor and cognitive development.  Social and emotional learning is not required but recommended. 
   1. Must be conducted by a person trained or qualified, and in the student’s native language, if the home language is other than English;
   2. Screening shall take place prior to the start of the school year if possible, but no later than December 1^st (or within 15 days of a student transfer);
   3. Home Language, health examination, and immunizations will be reviewed by the District during the registration process and shared with providers;
   4. Vision and hearing screenings will take place in collaboration with the District.
2. Must establish assessment process for establishing developmental baseline and evaluating on-going student progress:
   1. Valid and reliable;
   2. On-going assessment in students’ development of language, cognitive, and social skills;
   3. Must take place 3 times yearly (October, January, June);
   4. Must use assessments to inform instruction and monitor program effectiveness;
   5. Assessment data should be shared with parents in the form of a written report or parent conference;
   6. Must share student assessment data with the District no later than June 20^th.  Data will be shared with the students’ Kindergarten program;
   7. Name or a sample of the assessment tool must be submitted with Request for Proposal.

Staff Evaluations:  Providers must submit a final program evaluation report by June 30, 2027 to include data related to child assessment, curriculum, parent involvement, continuity/transitions, staff development, community support services, collaborations, and any other information needed to complete the New York State pre-kindergarten final report.  The District requires submission of a sample with the Proposal.

1. Include a program description. The description should include all aspects of the learning environment, including classroom activities, program materials, description of classroom learning centers, types of child-initiated and teacher-initiated activities, how instruction is differentiated to meet student’s individual needs, physical activities, etc. Please also include a sample daily schedule. 
2. A description of the mealtime policies and procedures including a sample lunch menu and/or snack choices.
3. A description of naptime procedures.
4. A description of Family Engagement Activities.

1. Enrollment policies are followed as indicated in the application process.
2. If the allocated placements are not filled, the District Pre-K Office will obtain applications from the waiting lists of the following programs: Family Service League, Head Start, other income eligible programs within the borders of District. UPK is designed to serve students who are not served by other programs. Agencies shall not receive funding for a student from both the agencies’ existing programs and the UPK program.
3. Parent Requirements
   • Parents must complete District Registration Form.
   • Parents must complete District Ethnicity/Race Form.  
   • Parents must provide a birth certificate, unless not available.
   • Parents must provide identification. If they are not the natural parents (as listed on the birth certificate), they must show proof of guardianship, unless not available.
   • Parents must provide proof of residency that the student resides in the District
   • Parents must provide student’s immunization record and physical form.
   • All students must provide all documentation before starting the program.  
4. Age Requirement
   • Children must be four (4) years of age on or before December 1, 2026, based on acceptable documentation, such as birth certificates, passports, official medical documents, or official documents from other countries. Only age-eligible children whose birth dates fall from December 2, 2021 through December 1, 2022 are eligible for participation in the 2026-2027 school year.
5. Residency Requirement
   • The child must be a District resident.
6. Parent Requirement
   • A parent must agree to send the child to the Pre-Kindergarten Program for 5 hours of instructional time, five (5) days per week, 180 days per year.
7. Method of Child Selection
   • Participating agencies will maintain a waiting list of eligible candidates in the event of unexpected openings.
8. No Discrimination
   • Children cannot be denied participation on the basis of race, color, or national origin (Title VI of the Civil Rights Act of 1964): sex (Title IX of the Educational Amendments of 1972 and Title II of the Vocational Education Amendments of 1976): or disability (Section 504 of the Rehabilitation Act of 1973 and The Americans with Disabilities Act of 1990) in educational Programs.

1. REQUIRED DOCUMENTS:  Copies of the following documents will be filed with the Pre-K Office:

• DSS Licensing Certificate or NYSED Certificate for facility occupancy
• Staff certification and child abuse clearance documents
• Ed LAW 2-D – See Attachment “F”
• Proof of liability insurance

1. TRANSPORTATION:  The provider will be encouraged to provide transportation to and from school for students. The school district may, dependent on budgetary availability, provide transportation to students attending a program held within our school building.

BUDGET:  The budget for each child attending the 5-hour session is $10,000.  Please include in your proposal how many students you will be able to accommodate in the upcoming school year.

In its proposal, the proposer shall address the extent to which its program will satisfy the following criteria, which shall be used to rank proposals:

 

            Selection criteria:

A. Agency capacity to immediately provide services;

B. Accessibility;

C. Capacity to provide professional development;

D. Documentation of all applicable health and safety codes and licensure requirements;

E. Fiscal share;

F. Other resources to contribute;

G. Experience in providing developmentally appropriate programs;

H. Fiscal solvency;

I. Stability of staff;

J. Articulated mission/philosophy statement;

K. Record management;

L. Administrative structure;

M. Capacity and experience in working with children with disabilities;

N. Children’s progress as demonstrated by assessments;

O. Program assessment;

P. Proximity to the Rockland Central School District.

 

The District will conduct at least one (1) site visit prior to entering into a contract, but may conduct as many site visits as it deems necessary before entering into a contract and once the contract is in effect.

1. CONTRACT TERMS:  As part of its proposal, the proposer shall include a written statement indicating its acceptance of the Contract Terms set forth at Attachment “E” or state in writing those terms that it will accept and those terms that it is unable to or unwilling to accept with a justification.
   The District does not discriminate on the basis of race, ethnicity, disability, sexual orientation, gender identity or expression, or any other basis prohibited by applicable Federal, State, or local law.  The potential contractor must also comply with these Federal and State regulations.

The proposer declares and certifies:

 

1. That said proposer is of lawful age and the only one interested in this proposal, and that no one other than said proposer has any interest herein.

 

2. That this proposal is made without any previous understanding, agreement or connection with any other person, firm or corporation making a proposal for the same purpose and is in all respects fair and without collusion or fraud.

 

3. That no member of the Board of Education of the District, nor any officer or employee or person whose salary is payable as a whole or in part from the treasury of said Board of Education, is directly or indirectly interested in this proposal or in the supplies, materials, equipment, work or services to which it relates, or in any portion of the profits thereof.

 

4. That said proposer has carefully examined the specifications in the RFP and schedules prepared under the direction of the Board of Education and will, if successful in this proposal, furnish and deliver in accordance with its proposal and within the time stated, all materials, supplies, apparatus, goods, wares, merchandise, services, or labor for which this proposal is made.

 

5. That the prices quoted are net and exclusive of all federal, state and municipal sales and excise taxes.

 

Subscribed and sworn to before

 

This _________ day of________.

 

 

____________________________

Notary Public                                                             ___________________________

Person, Firm or Corporation

 

 

___________________________

Authorized Signature

By submission of this bid, each Vendor and each person signing on behalf of any Vendor certifies, and in case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the Vendor has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at minimum, meet the requirements of section two hundred one-g of the labor law.

 

            Dated: ________________, 20__

 

_____________________________________Name of Bidder/Proposer                                    

 

_____________________________________

Signature of Authorized Official

 

_____________________________________

Printed or Typed Name of Official and Title

 

_____________________________________

Company Name

        

 

Sworn to before me this

____ day of _____, 20__

 

___________________________________

Notary Public

 

Seal

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, added new provisions to the State Finance Law (SFL), §165-a and General Municipal Law (GML) §103-g effective April 12, 2012.  Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law).  Pursuant to SFL § 165-a(3)(b) and GML §103-g, the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website.

 

By submitting a response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Vendor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list.

 

Additionally, Vendor is advised that once the list is posted on the OGS website, any Vendor seeking to enter into, renew or extend a Contract or assume the responsibility of a Contract awarded in response to the solicitation, must certify at the time the Contract is bid upon or a proposal submitted, or the contract is renewed, extended or assigned that it is not included on the prohibited entities list.

 

During the term of the Contract, should DISTRICT receive information that a person is in violation of the above-referenced certification, DISTRICT will offer the person an opportunity to respond.  If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then DISTRICT shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Vendor in default.

 

DISTRICT reserves the right to reject any bid, proposal or request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award.

 

Signature:                                                                                                        

 

Print Name:                                                                                                     

 

Title:                                                                                                               

 

Company Name:                                                                                              

 

Date:                                                                                                               

Your proposal is subject to the following Non-Collusion Statement of Section 103-D of the General Municipal Law, which reads as follows:

 

103-D.  Statement of non-collusion in proposals and proposals to political subdivision of the state.  Every proposal or proposal hereafter made to a political subdivision of the state or any public department agency, or official thereof where competitive proposal is required by statute, rule, regulation or local law, for work or services performed, to be performed, or good sold or to be sold, shall contain the following statement subscribed by the proposer and affirmed by such proposer as true under the penalties of perjury: Non-collusive proposal certification. 

 

a)   By submission of this proposal, the proposer, and each person signing on behalf of the proposer, certifies, and if this is a joint proposal each party thereto certifies as to its own organization, under penalty of perjury that to the best of the proposer’s knowledge and belief:

 

The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor;

 

Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly to any other proposer or to any competitor; and

 

No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit a proposal for the purpose of restricting competition.

 

b)   A proposal shall not be considered for award nor shall any award be made where (A), (1), or (2) and (3) above have not been complied with provided, however, that if in any case the proposer shall so state and shall furnish with the proposal a signed statement which sets forth in detail the reasons therefore, where (A), (1) and (2) and (3) above have not been complied with, the proposal shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the proposal is made, or designee, determines that such disclosure was not made for the purpose of restricting competition.

 

The fact that the proposer (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publications of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being proposal, does not constitute without more, a disclosure within the meaning of paragraph A above.

 

c)    If the proposer is a corporation, the corporation shall be deemed to have been authorized by the board of directors of the proposer to make the above certification and such authorization shall be deemed to include the signing and submission of the proposal and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

 

(SEAL OF CORPORATION)                                                  

                                                                                          ___________________________________

Corporate or Company Name

 

By:________________________________

Signature                   Title

 

 

 

1. AUTHORITY.

 

This Agreement is entered into and authorized by § 3602-e of the Education Law of the State of New York, and by Chapter 436 of the Laws of 1997.  The purpose of this Agreement is to establish the terms and conditions of an agreement between the School District and the Contractor for the provision of Pre-Kindergarten services to students placed in said program by the School District.

 

2. COMPLIANCE WITH STATE LAW AND REGULATIONS.

 

The Pre-Kindergarten Program operated by the Contractor shall during the term of this Agreement comply in all respects with the Regulations of the Commissioner of Education pertaining to Pre-Kindergarten programs contained in 8 N.Y.C.R.R. § 151-1.2 through and including, but not limited to, § 151-1.13; and § 151-2.1 through and including § 151-2.2 and the New York State Child Day Care Regulations at N.Y.C.R.R. Part 418 as well as N.Y.C.R.R. Part 413.  (The Contractor acknowledges that it is familiar with the aforesaid regulations, has reviewed them and shall be responsible for compliance with any amendments thereto.)  In the event the School District shall determine that the Pre-Kindergarten Program operated by the Contractor is not in compliance, or in the event the School District is given notice thereof by the State of New York or any agency or department thereof, the School District shall immediately give the Contractor notice thereof.  Thereupon, this Agreement shall be terminated.  Contractor shall comply with all applicable State and Federal law with respect the services and program provided under this Agreement.  Contractor shall comply with all applicable School District policies with respect to the services and program provided under the Agreement. 

 

3. REGISTRATION.

 

All students referred for placement with the Contractor’s Pre-Kindergarten Program through the School District’s Universal Pre-Kindergarten Program must have registered with the School District’s central registration office.

 

4. ATTENDANCE AND CALENDAR REQUIREMENTS.

 

The Contractor shall maintain a daily record of student attendance and forward attendance information to the School District each month.

 

The Contractor must operate on the same school calendar as the School District. Students are to attend the Pre-Kindergarten Program five (5) days/week for five (5) hours, for a minimum of one hundred eighty (180) school days per year.

 

Children will be randomly selected by the School District through a lottery format.

 

Children who do not attend on a regular basis or are regularly late to the program shall be referred to the School District. Upon a determination by either the Contractor or the School District that attendance is deficient, a meeting with the parent shall be promptly held by the Contractor to determine the reasons for the attendance problem and to identify steps to resolve the attendance problem.  Inability to resolve the problem after documented interventions should be referred in writing to the School District’s Universal Pre-Kindergarten Liaison.

 

Children who do not attend class or are late for two (2) consecutive weeks without an appropriate medical excuse or other reasonable explanation shall be removed from the roster by the Contractor, or at the direction of the School District Universal Pre-Kindergarten Liaison. In the former event, the School District Universal Pre-Kindergarten Liaison shall be promptly notified in writing that such action has been taken.

 

 

5. DISCIPLINE AND SUSPENSION OF STUDENTS.

 

Pre-Kindergarten students placed with the School District’s Pre-Kindergarten Program shall only be suspended from attendance following notice to the School District' Universal Pre-Kindergarten Liaison and following the application of appropriate due process procedures, which shall include notice to the child’s parent or person in parental relation, and an opportunity for the child and his/her parent or person in parental relation to be heard.  A decision to seek suspension shall be premised upon the child's behavior (which shall have been documented) and shall be preceded by application of appropriate non-suspension interventions, parent input and involvement, and involvement of special needs personnel, if appropriate.  No suspension shall be effectuated without the prior written approval of the School District’s Universal Pre-Kindergarten Liaison. Given the age of the students at issue, it is unlikely that any suspension of a student would be approved.

 

6. CUMULATIVE FOLDERS.

 

The Contractor shall maintain cumulative folders with notification of parent-teacher conferences/contacts, and other important information relative to the child. These cumulative folders shall be turned over to the School District at the end of the 2026-2027 school year.

 

7. CURRICULUM.

 

The Contractor shall follow the School District’s Pre-Kindergarten Curriculum and Assessment, as approved by the Board of Education, or such other curriculum as may be approved in writing by the School District. Assessment records must be maintained for each child and a copy thereof shall remain on file in each student's cumulative folder.

 

8. ANNUAL ASSESSMENT.

 

The Contractor shall provide the School District with a year-end assessment of its participation in the School District’s Universal Pre-Kindergarten Program to determine the extent that goals and objectives have been met.  Said assessment shall be submitted on or before June 20th and each year thereafter in the event that this contract is renewed.

 

 

9. FACILITIES, SUPPLIES AND EQUIPMENT.

 

The Contractor shall maintain appropriate equipment, supplies and materials for each Pre-Kindergarten child.  (Nothing herein contained shall diminish the responsibility of the Contractor to comply with the facility requirements of 8 N.Y.C.R.R. § 151-1.2 through and including § 151-1.13; § 151-2.1 through and including § 151-2.2; 18 N.Y.C.R.R. Part 418; and N.Y.C.R.R. Part 413.)  The District will not provide transportation to Pre-Kindergarten children, unless otherwise determined by the District in its sole discretion based on budgetary availability.

 

 

10. INSURANCE.

 

1. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the Contractor hereby agrees to effectuate the naming of the District as an Additional Insured on the Contractor’s insurance policies, except for workers' compensation and N.Y. State Disability insurance.

 

2. The policy naming the District as an Additional Insured shall:

 

1. Be an insurance policy from an A.M. Best A- rated or better insurer, licensed to conduct business in New York State. A New York licensed and admitted insurer is strongly preferred.

 

2. State that the organization's coverage shall be primary and non-contributory coverage for the District, its Board, employees and volunteers with a waiver of subrogation in favor of the District for all coverages including Workers Compensation.

 

3. Additional insured status for General Liability coverage shall be provided by standard or other endorsements that extend coverage to the District (CG 20 26) or equivalent. The decision to accept an endorsement rests solely with the District. A completed copy of the endorsements must be attached to the Certificate of Insurance to include General Liability, Auto Liability (where applicable) and Umbrella/Excess coverages.

 

C. At the District's request, the Contractor shall provide a copy of the declaration page of the liability and umbrella/excess policies with a list of endorsements and forms. If requested, the Contractor will provide a copy of the policy endorsements and forms.

 

Coverage for sexual misconduct must be affirmed. There will be no restrictions and/or exclusions involving Sexual Assault and Molestation related claims.

 

D.    The Contractor agrees to indemnify the District for applicable deductibles and self-insured retentions.

 

E.    Minimum Required Insurance:

      i.    Commercial General Liability Insurance

            $1,000,000 per Occurrence/$2,000,000 Aggregate

            $2,000,000 Products and Completed Operations

 

            $1,000,000 Personal and Advertising Injury

            $1,000,000 Sexual Misconduct and Assault

            $100,000 Fire Damage

            $10,000 Medical Expense

 

      ii.   Automobile Liability

            $1,000,000 combined single limit for owned, hired, borrowed and non-owned motor

            vehicles.

 

      iii. Workers' Compensation and NYS Disability Insurance

Statutory Workers' Compensation (C-105.2 or U-26.3); and NYS Disability Insurance (DB-120.1) for all employees [per NYS WC and Disability laws]. Proof of coverage must be on the approved specific form, as required by the New York State Workers’ Compensation Board. ACORD certificates are not acceptable. A person seeking an exemption must file a CE-200 Form with the state. The form can be completed and submitted directly to the WC Board online.

      iv.  Professional Errors and Omissions Insurance

$1,000,000 per occurrence/$2,000,000 aggregate for the professional acts of the consultant performed under the contract for the District. If written on a “claims-made” basis, the effective date must pre-date the inception of the contract or agreement. Coverage shall remain in effect for six (6) years following the completion of work.

      v.   Umbrella/Excess Insurance

$3,000,000 each Occurrence and Aggregate. Umbrella/Excess coverage shall be on a follow-form basis or provide broader coverage over the required General Liability and Auto Liability coverages (where applicable).  

 

F.   The Contractor acknowledges that failure to obtain such insurance on behalf of the School District constitutes a material breach of contract and subjects it to liability for damages, indemnification and all legal remedies available to the School District. The Contractor is to provide the District with a certificate of insurance, evidencing the above requirements have been met, prior to the provision of services. The failure of the District to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any rights held by the School District. 

 

11. INDEMNIFICATION.

 

Notwithstanding the provisions of this Agreement regarding insurance, and without limitation as to the coverages specified, the Contractor hereby agrees to protect, defend, indemnify and save the School District and its Board members, Superintendent of Schools, officers, employees, and agents free and harmless from any and all claims, demands, actions, suits, liabilities, settlements, costs, losses, penalties, and expenses, including attorneys' fees, court costs and other expenses of litigation or administrative proceeding, or incurred by or imposed on the School District in connection with the investigation or defense relating to such claim or litigation or administrative proceeding of any nature, resulting directly or indirectly from or pertaining to, arising out of or in connection with, this Agreement or the Contractor’s business and operations, however caused, or arising out of any act, happening, or other event occurring on or at the franchised business which is not the act of the School District, its agents or representatives.  This paragraph shall survive termination of this Agreement.

 

12. FIRE SAFETY REQUIREMENTS.

 

Buildings and classrooms operated by the Contractor on behalf of the School District shall meet the New York State Uniform Fire Prevention and Building Code (9 N.Y.C.R.R Parts 600 through 1250), 8 N.Y.C.R.R. §§ 151-2.7 and 155.7 or its equivalent (notwithstanding the exemption for schools in cities with populations over 125,000 persons) and Part 418 of the Regulations of the Department of Social Services (18 N.Y.C.R.R. Part 418).

 

13. METHOD OF PAYMENT.

 

The School District shall pay the amount of $10,000 for each full-time student for the 2026-2027 school year for placement in the Pre-Kindergarten program operated by the Contractor, payable on a pro-rata monthly basis.  Payment shall be adjusted on a pro-rata basis for students who enroll after the start of the school year or who are removed from the program prior to the end of the school year.  The Contractor will service students up to 18 students. The School District will make payment to the Contractor at the end of each month.  The School District reserves the right based upon non-attendance to fill slots if they should become available throughout the school year.  It is expressly understood and acknowledged by the Contractor that the funds for the Pre-Kindergarten placements contemplated hereunder are appropriated by grant through the State of New York.  In the event of diminution or cessation of the current appropriations by the State, the School District reserves the right to cancel any then existing placements with the Contractor, or to terminate this Agreement in all respects with no recourse by the Contractor.

 

14. STAFFING AND STAFF DEVELOPMENT.

 

The Contractor shall provide the School District with information relative to staff members who are responsible for the instructional program of Universal Pre-Kindergarten students.  The Contractor shall include in such information a description of staff qualifications, stability of staff in relation to average duration of employment, rate of turnover and ability to fill vacancies in a timely manner.  Further, this information shall include:  Certification documents, educational background and training of all teachers and paraprofessional support staff who are directly involved with providing services to Universal Pre-Kindergarten students.

 

Within two (2) days of receipt of a written notice that the School District objects to the continued use of a certain employee of the Contractor to provide pre-school services to students placed by the School District, the Contractor shall remove said employee from any and all contact with School District students.

 

In accordance with its proposal, the Contractor affirms that all teachers employed by the Contractor and assigned to provide services to School District students hereunder shall be New York State certified teachers.

 

Pursuant to New York State Regulations regarding staff qualifications (8 N.Y.C.R.R. § 151-1.5 c, d), a Pre-Kindergarten teaching assistant providing support in a Pre-Kindergarten classroom shall have a high school diploma and six (6) hours of college credit in a related field pursuant to 8 N.Y.C.R.R. § 80, and those assistants in programs for limited English proficient (LEP) children, shall have bilingual proficiency in the children's native language.

 

A Pre-Kindergarten teacher aide providing support in a Pre-Kindergarten classroom must meet the requirements prescribed in 8 N.Y.C.R.R. § 80, and those aides in programs for LEP children shall have bilingual proficiency with the children's native language.

 

Teachers will participate in bi-monthly meetings with School District personnel after school hours to discuss program issues or attend School District initiated staff development activities.

 

Contractor shall comply with all applicable provisions of the Safe Schools Against Violence in Education (SAVE) Act and/or the criminal history review and background clearances required under 18 N.Y.C.R.R. §413.4, including, but not limited to, background checks and fingerprinting of all staff directly providing services to students. All persons providing services to the School District pursuant to this Agreement must receive clearance for employment by the New York State Education Department and/or the Office for Children and Family Services prior to the provision of such services.

 

15. SUPERVISION OF PROGRAM.

The School District’s Universal Pre-Kindergarten Liaison, or other designated School District administrator, will conduct at least one (1) formal annual evaluation of the staff and program.  In addition, informal random visitations will take place throughout the school year. The School District’s Universal Pre-Kindergarten Liaison shall have access to all elements of the Pre-Kindergarten Program including classroom visits, teacher observations, records and documents as deemed necessary by the School District or supervisor.

 

16. TERMINATION.

The School District may, without prejudice to any other rights or remedies contained in this Agreement or provided by law or equity, terminate this Agreement.  Such termination shall be effective two (2) days after written notice (or such other notice as may be required by applicable state law) is given by the School District to the Contractor of any material breach of this Agreement.

 

17. ASSIGNMENT: CONDITIONS AND LIMITATIONS.

(a)       The Contractor shall not sell, assign, transfer or encumber this Agreement or any other interest hereunder, or suffer or permit any such assignment, transfer or encumbrance to occur by operation of law or otherwise, without the prior written consent of the School District.

(b)       If the Contractor is a corporation, partnership, unincorporated association or similar entity, the terms of this subparagraph (a) above shall be deemed to apply to any sale, resale, pledge, assignment, transfer or encumbrance of the voting stock of, or other ownership interest in, the Contractor.

 

18. NOTICES.

 

All notices hereunder shall be in writing and shall be duly given if hand delivered or sent by registered or certified mail, postage prepaid and addressed:

 

 

(a)       If to the School District, at:

 

Superintendent of Schools

PO Box 947, 19 School Street

Livingston Manor, New York 12758

 

 

With a copy to:

Guercio & Guercio, LLP

77 Conklin St.

Farmingdale, New York 11735

Attn: Anthony J. Fasano, Esq.

 

(b)       If to the Contractor, at:

                       

                                   

or at such other address as the School District or the Contractor shall have specified by notice to the other party, provided by this Agreement.

 

19. GOVERNING LAW.

This Agreement has been made and entered into in the State of New York and all rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of New York. The parties consent to exclusive jurisdiction to the New York State Courts located in Sullivan County, New York.

 

20. REMEDIES CUMULATIVE; WAIVER; CONSENT.

All rights and remedies of the School District and of the Contractor enumerated in this Agreement shall be cumulative and, except as specifically contemplated otherwise by this Agreement, none shall exclude any other right or remedy allowed at law or in equity and said rights or remedies may be exercised and enforced concurrently.  No waiver by the School District or by the Contractor of any covenant or condition or the breach of any covenant or condition of this Agreement to be kept or performed by the other party shall constitute a waiver of any subsequent breach of such covenant or condition or authorize the breach or nonobservance on any other occasion of the same or any other covenant or condition of this Agreement.  Subsequent acceptance by the School District of any payments due to it hereunder shall not be deemed to be a waiver by the School District of any preceding breach by the Contractor of any terms, covenants or conditions of this Agreement.

 

Whenever this Agreement requires the School District’s prior approval or consent, the Contractor shall make a timely written request to the School District therefor, and such approval shall be obtained in writing.  The School District makes no warranties or guarantees upon which the Contractor may rely, and assumes no liability or obligation to the Contractor, by providing any waiver, approval, consent, or suggestion to the Contractor in connection with this Agreement, or by reason of any neglect, delay or denial of any request therefor.  Any waiver granted by the School District shall be subject to the School District’s continuing review, may subsequently be revoked for any reason effective upon the Contractor’s receipt of ten (10) days prior written notice, and shall be without prejudice to any other rights the School District may have.

 

21. SEVERABILITY.

            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.

 

22. ENTIRE AGREEMENT.

 

This Agreement constitutes the entire agreement between the School District and the Contractor in respect of the subject matter hereof, and this Agreement supersedes all prior and contemporaneous agreements between the School District and the Contractor in connection with the subject matter of this Agreement.  No officer, employee or other servant or agent of the School District or the Contractor is authorized to make any representation, warranty or other promise not contained in this Agreement.  No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding upon the School District or the Contractor unless in writing and signed by the School District and the Contractor.

 

23. COUNTERPART; PARAGRAPH HEADINGS; PRONOUNS.

 

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.  The paragraph headings in this Agreement are for convenience of reference only and shall not be deemed to alter or affect any provision thereof.  Each pronoun used herein shall be deemed to include the other number and genders.

 

24. EQUAL OPPORTUNITY EMPLOYER.

 

The Contractor will not discriminate against any individual because of his/her age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status and will take affirmative action to ensure that each individual is afforded equal opportunities without discrimination because of his/her age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status. 

 

25. COMPLIANCE WITH OTHER LAWS.

The Contractor shall comply with all other requirements of the State of New York required to operate a pre-kindergarten/child care agency, including licensure by the New York State Department of Social Services.

 

26. TERM.

The term of this Agreement shall be for a period of one hundred eighty (180) school days beginning September 2, 2026.  Based upon the mutual agreement of the parties, this Agreement may be renewed thereafter for 3, one (1) school year, at the discretion of the District.

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 “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 Rockland Central 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 121.5(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 sub-contractors 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:
   1. 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
   2. 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 Parent Bill of Rights. 

 

 

PARENTS’ BILL OF RIGHTS FOR DATA PRIVACY AND SECURITY

 

Pursuant to New York State Education Law §2-d, parents, legal guardians and persons in parental relation to a student are entitled to certain rights with regard to their child’s personally identifiable information, as defined by Education Law §2-d. This document contains a plain-English summary of such rights.

 

1.   A student’s personally identifiable information cannot be sold or released for any commercial purposes.

 

2. Parents have the right to inspect and review the complete contents of their child’s educational records maintained by the Rockland Central School District.

 

3. State and Federal Laws protect the confidentiality of personally identifiable student

information, and safeguards associated with industry standards and best practices, including, but not limited to, encryption, firewalls, and password protection must be in place when data is stored or transferred.

 

4. A complete list of all student data elements collected by New York State is available for review at the following website:

http://www.p12.nysed.gov/irs/sirs/documentation/NYSEDstudentData.xlsx

 

The list may also be made available by writing to:

Office of Information & Reporting Services

New York State Education Department

Room 863 EBA, 89 Washington Avenue

Albany, NY 12234

 

5. Parents have the right to have complaints about possible breaches of student data addressed. Complaints should be directed to:

 

Superintendent of Schools

PO Box 947, 19 School Street

Livingston Manor, New York 12758

Telephone: 845-439-5100

   Email:marlyn.peters@rcsd.us

OR

Chief Privacy Officer, New York State Education Department

89 Washington Avenue

Albany, NY 12234

Email: CPO@mail.nysed.gov

 

 

 

6. Each contract with a third-party contractor which will receive student data, or teacher or principal data will include information addressing the following:

 

a. The exclusive purposes for which the student data or teacher or principal data will be used.

 

b. How the third-party contractor will ensure that the subcontractors, persons or entities that the third-party contractor will share the student data or teacher or principal data with, if any, will abide by data protection and security requirements.

 

c. When the agreement expires and what happens to the student data or teacher and principal data upon expiration of the agreement.

 

d. If and how a parent, student, a student over eighteen years of age, teacher or principal may challenge the accuracy of the student data or teacher or principal data that is collected; and

 

e. Where the student data or teacher or principal data will be stored, and the security protections taken to ensure such data will be protected, including whether such data will be encrypted.

 

7. Third-party contractors are also required to:

 

a. Provide training on federal and state law governing confidentiality to any officers, employees, or assignees who have access to student data or teacher or principal data;

 

b. Limit internal access to education records to those individuals who have a legitimate educational interest in such records.

 

c. Not use educational records for any other purpose than those explicitly authorized in the contract;

 

d. Not disclose personally identifiable information to any other party (i) without the prior written consent of the parent or eligible student; or (ii) unless required by statute or court order and the third-party contractor provides a notice of the disclosure to the New York State Education Department, board of education, or institution that provided the information no later than the time the information is disclosed, unless providing notice of the disclosure is expressly prohibited by the statute or court order;

 

e. Maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of personally identifiable student information in its custody;

 

f. Use encryption technology to protect data while in motion or in its custody from unauthorized disclosure as specified in Education Law §2-d;

 

g. Notify Rockland Central School District of any breach of security resulting in an unauthorized release of student data or teacher or principal data, in the most expedient way possible and without unreasonable delay;

 

h. Provide a data security and privacy plan outlining how all state, federal and local data security and privacy contract requirements will be implemented over the life of the contract;

i. Provide a signed copy of this Bill of Rights to the Rockland Central School District thereby acknowledging that they are aware of and agree to abide by this Bill of Rights.

8. This Bill of Rights is subject to change based on regulations of the Commissioner of Education and the New York State Education Department’s Chief Privacy Officer, as well as emerging guidance documents.

 

NAME OF PROVIDER:

 

 

            BY:  ____________________________       DATED:            _____________________

 

 

DATA PRIVACY AND SECURITY PLAN

 

 

CONTRACTOR’S DATA PRIVACY AND SECURITY PLAN IS ATTACHED HERETO AND INCORPORATED HEREIN.