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Memorandum of Understanding <br />City of Pleasanton and Pleasanton Unified School District <br />Regarding Limited Access to Pleasanton Unified School District’s <br />Avigilon Security Camera System <br /> <br />1 <br /> <br />The purpose of this Memorandum of Understanding ("MOU") is to describe and define the <br />City of Pleasanton’s ("City") limited access to Pleasanton Unified School District's ("District") <br />Avigilon video security system’s live video footage and/or recordings ("Avigilon System") in the <br />event of an emergency as set forth in this MOU. The access described below is intended to provide <br />policing services for the benefit and safety of the District and community, while protecting student <br />privacy and complying with State and Federal laws regarding confidential student records and <br />information, and related District policies and regulations. (See 20 U.S.C. § 1232g; 34 C.F.R. Part <br />99; Cal. Ed. Code, § 49060 et seq., 49076; District Board Policy and Administrative Regulation <br />("BP/AR") 3515, 3516, 5125, 5144.1, 5145.13, 0450.) This MOU is entered into by and between <br />the City and the District. Access to and/or use of recordings from the Avigilon System under this <br />MOU is exclusively limited to the Pleasanton Police Department (“PPD”), and no other entity or <br />person, including any other City department, personnel, or representative, is permitted such access <br />and/or use. <br />TERMS OF ACCESS <br />1. The District has implemented the Avigilon System on its campuses, buildings, and <br />grounds. As utilized and operated by the District, the video cameras are located in <br />external public places and very limited internal common areas (e.g., hallways), and only <br />record video, not audio. As set forth in District policy and regulations, the <br />recordings/footage resulting from Avigilon System created by the District are District <br />Law Enforcement Unit Records under the Federal Family Educational Rights and <br />Privacy Act ("FERPA"). <br /> <br />2. The nature of such videos, footage, and recording, however, may be transmuted into <br />protected student records in certain circumstances. In such instances, District <br />surveillance videos, footage, and recording shall be treated subject to FERPA and the <br />Education Code limitations regarding student records. Whether or not District <br />surveillance videos, footage, and recording have transmuted from a Law Enforcement <br />Unit Records, a student record, or a different type of record subject to disclosure <br />limitations, is at the determination and discretion of the District. <br /> <br />3. Accordingly, in order to satisfy its legal obligations and assist in policing efforts for the <br />benefit of the District's community, the PPD, in cooperation, consultation, and <br />coordination with the District, may, at its own expense, access the District's Avigilon <br />System only within the parameters described in this MOU. <br /> <br />4. The PPD may access the District's Avigilon System videos, footage, or recordings in the <br />event of an emergency situation, which includes active shooter(s), bomb threats, or any <br />other imminent threat to life, limb, or safety of building occupants or the community <br />surrounding District school grounds (“Emergency Situation Access”). Emergency <br />Situation Access shall extend to emergency situations that occur both during and after <br />school hours. Emergency Situation Access shall also extend to after school hours when <br />Docusign Envelope ID: 640A4474-1873-4B33-91F9-3008DF7C8D07