Choose a policy from the list below.
File: EBAA
CHEMICAL HAZARDS
MSAD #11 is committed to providing a safe environment for students and employees. It is the policy of MSAD #11 to follow safe practices in regard to the storage and handling of hazardous chemicals in its schools. The school district will comply with all applicable Maine and federal laws and regulations concerning hazardous chemicals.
The Superintendent will be responsible for developing a Chemical Hygiene Plan that includes procedures relevant to the identification, purchase, storage, inventory, handling, and disposal of hazardous chemicals, maintenance of material safety data sheets (MSDS), and for ensuring that employees are provided required training and information concerning hazardous chemicals used in the schools. The Superintendent may delegate responsibilities associated with Plan development to school system staff (Director of Plant Operations).
The Superintendent/designee will appoint a Chemical Hygiene Officer (Director of Plant Operations) for the school district. The chemical Hygiene Officer will have the primary responsibility for implementing the school district's Chemical Hygiene Plan. The person appointed Chemical Hygiene Officer should be familiar with State and federal regulations pertaining to laboratory and chemical safety and the chemicals used in the schools.
The chemical Hygiene Office shall achieve such certification and/or attend such training as may be mandated by the Maine Department of Education or other State agencies.
Legal Reference: 29 C.F.C. § 1910.1200
26 M.R.S.A. § 565
Ch.2 § 179 (Dept. of Prof. Regulation Rule)
Ch. 161 (Dept. of Educ. Rule)
Commissioner's Administrative Letter No. 33, June 9, 2005
(Chemicals in Schools)
Cross Reference: EBCA-Crisis Response Plan
Adopted: October 6, 2005
Revised: December 7, 2006
File: EBCA
COMPREHENSIVE EMERGENCY MANAGEMENT PLAN
(FORMERLY: CRISIS RESPONSE PLAN)
The MSAD #11 Board hereby adopts the MSAD #11 Comprehensive Emergency Management Plan. The Superintendent and building administrators shall be responsible for developing, in consultation with staff and persons or agencies with expertise in planning for and responding to emergencies, a comprehensive emergency management plan that identifies and addresses all hazards and potential hazards that could reasonably be expected to affect the school district and school facilities.
The Superintendent and building administrators shall be responsible for ensuring that the plan is implemented in each school and evaluated on an annual basis. It is understood that specific procedures may vary from school to school due to differences in school facilities and the ages of students.
As required by law, the MSAD #11 Board will approve the plan annually. Any substantive changes in the plan shall be subject to the approval of the MSAD #11 Board.
The following information pertaining to the MSAD #11 Comprehensive Emergency Management Plan is considered public information:
A. A description of the scope and purpose of the Plan and the process used
for developing and updating it;
B. General information on auditing for safety and preparedness;
C. Roles and responsibilities of school administrators, teachers and staff and
the designated chain of command during an emergency; and
D. Strategies for conveying information to parents and the general public during an emergency.
Except as specified in paragraphs A through D above, those portions of the Comprehensive Emergency Management Plan and any other records describing security plans, security procedures or risk assessments prepared specifically for the purpose of preventing or preparing for acts of terrorism shall not be considered public information under the Freedom of Access Act but only to the extent that the release of such information could reasonably be expected to jeopardize the physical safety of school district personnel or the public. For the purpose of this policy, “terrorism” is defined as in 1 MRSA § 402(3)(L) as “conduct that is designed to cause serious bodily injury or substantial risk of bodily injury to multiple persons, substantial damage to multiple structures whether occupied or unoccupied or substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure.”
Legal Reference: 20-A MRSA § 1001(16)
Adopted: March 1999
Revised: December 7, 2006; April 3, 2008
File: EBCB
FIRE DRILLS
In order to protect the health and safety of students and staff and in compliance with the provisions of the Life Safety Code, schools at all levels, PK-12, are required to hold two fire drills during the first two weeks of school. Schools housing grades PK-4 will hold an additional eight fire drills during the year; schools housing grades 5-8 an additional six fire drills; and schools housing grades 9-12 an additional four fire drills. Schools housing any combinations of these grade levels will hold the additional number of fire drills required of the lowest grade level within the span. Results shall be recorded and deficiencies noted and corrected.
Each building Principal, in cooperation with local fire officials, will develop procedures designed to accomplish the evacuation of school buildings as quickly and efficiently as possible.
Principals shall keep a record of all fire drills held in their schools, stating the date and time the drill was held and the time required for evacuation of the building. This information will be reported to the Superintendent or his/her designee after each drill. Fire officials will be notified before each drill.
Staff members will receive an annual orientation to this procedure, and the fire drill procedure will be prominently displayed in each classroom. At the beginning of each school year, Principals will ensure that each teacher acquaints the students under his/her care with the designated evacuation routes.
Legal Reference: Ch. 125 10.2 (Me. Dept. of Ed. Rule)
Adopted: PRIOR TO 1985
Revised: JUNE 5, 1986; JUNE 25, 1992; AUGUST 6, 1992; December 7, 2006
l
File: EBCC
BOMB THREATS
The MSAD #11 Board recognizes that bomb threats are a significant concern to the school district. Whether real and carried out or intended as a prank or for some other purpose, a bomb threat represents a potential danger to the safety and welfare of students and staff and to the integrity of school property. Bomb threats disrupt the instructional program and learning environment and also place significant demands on school financial resources and public safety services. These effects occur even when such threats prove to be false.
Any bomb threat will be regarded as an extremely serious matter and treated accordingly. The MSAD #11 Board directs the Superintendent to react promptly and appropriately to information concerning bomb threats and to initiate or recommend suitable disciplinary action.
A. Conduct Prohibited
No person shall make, or communicate by any means, whether verbal or non-verbal, a threat that a bomb has been, or will be, placed on school premises. Because of the potential for evacuation of the schools and other disruption of school operations, placement of a bomb or of a "look-alike" bomb on school premises will be considered a threat for the purpose of this policy.
It is also a violation of MSAD #11 Board policy to communicate by any means that any toxic or hazardous substance or material has been placed, or will be placed, on school premises with the intent to endanger the safety and welfare of students or staff and/or to disrupt the operations of the schools.
B . Definitions
1. A "bomb" means an explosive, incendiary or poison gas bomb, grenade, rocket, missile, mine, "Molotov cocktail" or other destructive device.
2. A "look-alike bomb" means any apparatus or object that conveys the appearance of a bomb or other destructive device.
3. A "bomb threat" is the communication, by any means, whether verbal or non-verbal, that a bomb has been, or will be, placed on school premises, including possession or placement of a bomb or look-alike bomb on school premises.
4. "School premises" means any school property and any location where any school activities may take place.
5. A "toxic or hazardous substance or material" means any material or substance, including biomedical materials or organisms, that, when placed as threatened, could be harmful to humans.
C. Development of Bomb Threat Procedures
The Superintendent/designee shall be responsible for developing and implementing procedures specific to bomb threats as part of the school district's Crisis Response Plan. These procedures are intended to inform administrators and staff of appropriate protocols to follow in the event that a bomb threat is received and should include provisions to address:
1. Threat assessment (for the purpose of identifying a response that is in proportion to the threat, in light of what is necessary to ensure safety);
2. Building evacuation and re-entry (including selection of potential alternative sites for those who are evacuated);
3 . Incident "command and control" (who is in charge, and when);
4 . Communications contacts and mandatory bomb threat reporting;
5 . Parent notification process;
6 . Training for staff members; and
7 . Support services for students and staff.
The initial bomb threat procedure will be subject to approval by the MSAD #11 Board. The Superintendent/designee will be responsible for overseeing a review or evaluation of bomb threat procedures prior to the Board's required annual approval of the school district's Crisis Response Plan at the October monthly meeting, or following implementation of the procedure in response to a specific threat.
D . Reporting of Bomb Threats
A student who learns of a bomb threat or the existence of a bomb on school premises must immediately report such information to the building principal, teacher, the School Resource Officer or other employee in a position of authority.
An employee of the school district who learns of a bomb threat shall immediately inform the building administrator. The building administrator shall immediately take appropriate steps to protect the safety of students and staff in accordance with the school district's bomb threat procedure, as developed under Section C, and inform the Superintendent/designee of the threat.
All bomb threats shall be reported immediately to the local law enforcement authority, as provided in the bomb threat procedures.
The Superintendent/designee shall be responsible for reporting any bomb threat to the Department of Education within two business days of the incident. Reports will include the name of the school, the date and time of the threat, the medium used to communicate the threat, and whether or not the perpetrators have been apprehended.
E. Student Disciplinary Consequences
Making a bomb threat is a crime under Maine law. Any student suspected of making a bomb threat shall be reported to law enforcement authorities for investigation and possible prosecution. Apart from any penalty imposed by law, and without regard to the existence or status of criminal charges, a student who makes a bomb threat shall be subject to disciplinary action by the school.
The administration may suspend and/or recommend for expulsion any student who makes a bomb threat. The making of a bomb threat will be considered deliberately disobedient and deliberately disorderly within the meaning of 20-A M.R.S.A. # 1001l(9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school.
In addition, a student who is found after a hearing by the MSAD #11 Board to have brought a bomb to school shall be expelled from school for at least one year in accordance with 20-A M.R.S.A. # 1001(9-A) and Policy JICIA, except that the Superintendent/designee may modify the requirement for expulsion based on individual circumstances.
A student who has been identified through the PET process as having a disability and whose conduct in violation of this policy is related to the disability shall be disciplined as provided in Policy JKF.
F. Aiding Other Students in Making Bomb Threats
A student who knowingly encourages, causes, aids or assists another student in making or communicating a bomb threat shall be subject to the disciplinary consequences described in Section E of this policy.
G. Failure to Report a Bomb Threat
A student who fails to report information or knowledge of a bomb threat or the existence of a bomb or other destructive device in a school building or on school property may be subject to disciplinary consequences, which may include suspension and/or expulsion.
H. Staff Disciplinary Consequences
A school system employee who makes or communicates a bomb threat will be reported to appropriate law enforcement authorities and will be subject to disciplinary action up to and including termination of employment. Disciplinary action taken shall be consistent with collective bargaining agreements, other employment agreements and MSAD #11 Board policies.
A school system employee who fails to report information or knowledge of a bomb threat or the existence of a bomb on school premises will be subject to discipline up to and including termination of employment.
I. Civil Liability
The school district reserves the right to bring suit against any individual responsible for a violation of this policy and to seek restitution and other damages as permitted by law.
J. Lost Instructional Time
Instructional time lost as a result of a bomb threat may be rescheduled at the earliest appropriate opportunity, as determined by the Superintendent/designee in consultation with the MSAD #11 Board.
The Board and Superintendent/designee should take into consideration the terms of applicable collective bargaining or other employment agreements, potential conflicts with holiday or vacation periods or with planned school events, and school bus schedules in determining an appropriate make-up time.
K . Notification Through Student Handbook
All student handbooks shall address the school district's bomb threat policy and procedures and explain the educational consequences of bomb threats. In addition, student handbooks shall notify students and parents that bomb threats violate Board policy and civil and criminal law.
Legal References: 18 U.S.C. ## 921; 8921
17-A M.R.S.A. # 210
20-A M.R.S.A. ## 263; 1001(9); 1001(9-A); 1001(17); 1001 (18)
Cross References: EBCA - Crisis Response Plan
JKD - Suspension of Students
JKE - Expulsion of Students
JKF - Suspension/Expulsion of Students with Disabilities
JICIA - Weapons, Violence and School Safety
Student Code of Conduct
Adopted: February, 2003
Revised: December 7, 2006
File: EBCE
SCHOOL CLOSINGS AND CANCELLATIONS
The MSAD #11 School Board authorizes the Superintendent to cancel or close school(s) for the day, delay opening, or dismiss school(s) early in the event of severe weather, hazardous travel conditions, or other emergencies which present threats to the safety of students and staff. Decisions to close school for the day should be made no later than 6:00 A.M.
When school is closed for the day or dismissed early, all after-school and evening school-sponsored activities and community use of school facilities will be cancelled or postponed.
Notice of closing or cancellation shall be given to students and parents by means of media announcements or by other appropriate means. Such notice shall be given sufficiently in advance of the school session in order to avoid confusion and inconvenience.
When school is in session, it remains the responsibility of parents to decide whether or not their children shall attend school under the existing conditions.
Storm days lost in excess of the number provided for in the school year calendar will be made up as determined by the MSAD #11 Board.
Adopted: December 7, 2006
File: ECB
PEST MANAGEMENT IN SCHOOL FACILITIES
AND ON SCHOOL GROUNDS
The MSAD #11 Board recognizes that structural and landscape pests can pose significant problems for people and school district property, but that use of some pesticides may raise concerns among parents, students, and staff. It is therefore the policy of MSAD #11 to incorporate Integrated Pest Management (IPM) principles and procedures for the control of structural and landscape pests. A copy of this policy shall be kept in every school and made available upon request to staff, parents, students, and the public.
IPM is a systematic approach to pest management that combines a variety of methods for managing pests, including monitoring; improved horticultural, sanitation, and food storage practices; pest exclusion and removal; biological control; and pesticides.
For the purpose of this policy, “pests” are populations of living organisms (animals, plants or microorganisms) that interfere with use of school facilities and grounds. “Pesticide” is defined as any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pests and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
The objective of the school district’s IPM program is to provide effective pest control while minimizing pesticide use. The goals of the IPM program include managing pests to reduce any potential hazards to human health; preventing loss or damage to school structures or property; preventing pests from spreading beyond the site of infestation to other school property; and enhancing the quality of life for students, staff and others.
The Superintendent and/or designee shall develop and implement a Pest Management Plan consistent with the following IPM principles and procedures:
A. Appointment of a Director of Plant Operations
The Superintendent/designee will appoint a Director of Plant Operations for the school district. The Director of Plant Operations will be the primary contact for pest control matters and will be responsible for overseeing the implementation of the IPM plan, including making pest control decisions.
The Director of Plant Operations will consult with the building principal and/or Superintendent before a decision is made to do a pesticide application for which notice is required and before providing notification of the planned application.
The Director of Plant Operation’s responsibilities may include:
1. Recording and monitoring data and pest sightings by school staff and students;
2. Coordinating pest management with pest control contractors;
3. Recording and ensuring that maintenance and sanitation recommendations are carried out where feasible;
4. Ensuring that any pesticide use is done according to the school district’s Pest Management Plan and Chapter 27 Me. Dept. of Agriculture Board of Pesticides Control Rules (“Standards for Pesticide Applications and Public Notification in Schools”);
5. Making the school system’s pest management policy available in every school building;
6. Having available for parents and staff a copy of the Maine regulation pertaining to pesticide applications in schools (Chapter 27 Me. Dept. of Agriculture Board of Pesticides Control Rules (“Standards for Pesticide Applications and Public Notification in Schools”) and a record of prior pesticide applications and information about the pesticides used.
7. Initiating and coordinating notification of parents and staff of pesticide applications according to the school district’s notification procedure and posting notification signs as appropriate; and
8. Recording all pesticides used by either a professional applicator or school staff and maintaining other pest control data.
B. Identification of Specific Pest Thresholds
Routine inspection and accurate identification of pests are needed to recognize potential problems and determine when action should be taken.
Action thresholds for specific sites will be determined on a case-by-case basis by the Director of Plant Operations in consultation with the building principal and/or Superintendent, and if necessary, with the advice of a professional pest control expert.
As pest management objectives will differ from site to site (e.g., maintaining healthy turf and specific playing surfaces on athletic fields; carpenter ant control in buildings or maintenance of ornamental plants), differences should be considered before setting an action threshold.
C. Pesticide Applicators
Any person who applies pesticides in school buildings or on school grounds, including school personnel, must possess a Maine pesticide applicators license and should be trained in the principles and practices of IPM. All pesticide use must be approved by the school district’s Director of Plant Operations. Applicators must follow state regulations and label precautions and must comply with the IPM policy and pest management plan.
[NOTE: School personnel do not need to be licensed for normal or routine cleaning practices, for emergency stinging insect control, or use of repellants for personal protection. However, school personnel do need to be licensed if they will be using pesticides in school facilities or on school grounds.]
D. Selection, Use, and Storage of Pesticides
Pesticides should be used only when needed. Non-chemical pest management methods will be implemented whenever possible to provide the desired control. The choice of using a pesticide will be based on a review of other available options (sanitation, exclusion, mechanical means, trapping, biological control) and a determination that these options have not worked or are not feasible. When it has been determined that a pesticide must be used to achieve pest management goals, the least hazardous effective pesticide should be selected. Application should be conducted in a manner that, to the extent practicable using currently available technology, minimizes human risk.
Decisions concerning the particular pesticide to be used and the timing of pesticide application should take into consideration the use of the buildings or grounds to be treated.
Pesticide purchases should be limited to the amount expected to be used for a specific application or during the year. Pesticides will be stored and disposed of in accordance with label directions and state and federal regulations. Pesticides must be stored in an appropriate, secured location not accessible to students or unauthorized personnel.
E. Notification of Students, Staff, and Parents of Use of Pesticides
A notice will be provided to staff, students, and parents within the first two weeks of the school year briefly explaining the school district’s DPO/pesticide use policy including provisions for notification to parents and staff of specific planned pesticide applications in school buildings or on school grounds.
When required by regulations, the school will notify staff, students, and parents/guardians at least five days in advance of planned pesticide treatments in the school or on school grounds, including playgrounds and playing fields.
When required by regulations, signs will be posted at each point of access to the treated area and in a common area of the school at least two working days prior to the application and for at least 48 hours following the application in accordance with applicable Maine Board of Pesticides Control regulations.
F. Recordkeeping
When a pesticide has been used, records pertinent to the application including labels and material safety data sheets will be maintained at a designated central location for two years following application. Records are to be completed on the day the pesticide is applied. Pest surveillance records should be maintained to verify the need for pesticide treatments.
Legal Reference: 7 MRSA §§ 601-625
22 MRSA §§ 1471-A-1471-X
Ch. 27 Me. Dept. of Agriculture Board of Pesticides Control Rules (Standards for Pesticide Applications and Public Notification in Schools)
Cross Reference: EBAA - Chemical Hazards
Adopted: December 7, 2006
File: EBCF
AUTOMATED EXTERNAL DEFIBRILLATORS (AED’S)
The MSAD #11 School Board recognizes that from time to time medical emergencies may arise that warrant the use of an automated external defibrillator (AED). MSAD #11 may acquire one or more AED’s for use in its schools and at school athletic events.
The Superintendent shall be responsible for developing, in consultation with the school physician or other qualified expert, and in accordance with the manufacturers’ instructions, protocols for the use, storage, location, testing and maintenance of the school unit’s AED’s., and for the identification of school personnel who should be trained in the use of an AED.
Although the MSAD #11 School Board authorizes the acquisition of AEDs, it cannot and does not guarantee that an AED or a person trained in its use will be available at any particular school site or school-sponsored event.
(NOTE: The AED law, 22 MRSA § 2150-C, as amended, provides immunity from civil liability for damages relating to the use, possession or purchase of an AED and arising out of acts or omissions relating to preparing for and responding to suspected sudden cardiac arrest emergencies absent gross negligence or willful or wanton misconduct for any person or entity acquiring, maintaining, using, prescribing, or providing instruction in the use of an AED.)
Legal Reference: 14 MRSA § 164
20-A MRSA § 4009
22 MRSA § 2150-C
Cross Reference: EBCA – Crisis Response Plan
Adopted: August 22, 2007
Revised: May 7, 2008; December 4, 2008
File: ECB-E1
PEST MANAGEMENT NOTIFICATION
MSAD #11 uses an Integrated Pest Management (IPM) approach to the control of insects, rodents, microorganisms, weeds and other pests in school buildings and on school grounds. IPM combines a variety of methods for managing pests including monitoring, improved sanitation and food storage practices, pest exclusion and removal, biological control, and pesticides. The objective of the IPM program is to provide effective pest control while minimizing pesticide use.
Pesticides
Non-chemical pest management methods will be implemented whenever possible. However, sometimes pesticide use may be necessary to control a pest problem. When that happens, the school will use the least hazardous effective pesticide feasible.
Notification
When required by law, parents/guardians and school staff will be notified at least five days* in advance of specific pesticide applications. When required by law, pesticide application notices will be posted in school and on school grounds.
Notification need not be given for pesticide applications recognized by law or regulations to pose little or no risk of exposure to students or staff.
A copy of the school system's IPM/Pest Management policy is available for review in the school office. The school also keeps records of prior pesticide applications and the pesticides used. You may review these records, a copy of the policy and Maine's "Pesticides in Schools" regulation (Chapter 27 of the Department of Agriculture Board of Pesticides Control "Standards for Pesticide Applications and Public Notification in Schools") by contacting our IPM Coordinator, Jon Stonier at 207-582-5346.
Adopted: December 7, 2006
File: ECB-E2
PEST MANAGEMENT NOTIFICATION (REGISTRY)
M.S.A D. #11 uses an Integrated Pest Management (IPM) approach to the control of insects, rodents, microorganisms, weeds and other pests in school buildings and on school grounds. IPM combines a variety of methods for managing pests including monitoring, improved sanitation and food storage practices, pest exclusion and removal, biological control, and pesticides. The objective of the IPM program is to provide effective pest control while minimizing pesticide use.
Pesticides
Non-chemical pest management methods will be implemented whenever possible. However, sometimes pesticide use may be necessary to control a pest problem. When that happens, the school will use the least hazardous effective pesticide feasible.
Notification
When required by law, parents/guardians and school staff will be notified in advance of specific pesticide applications. In order to receive notification, you must request to be placed on the school's notification registry. Notification will be given at least five days* before the planned pesticide application. When required by law, pesticide application notices will be posted in school and on school grounds.
Notification need not be given for pesticide applications recognized by law or regulations to pose little or no risk of exposure to students or staff.
A copy of the school system's IPM/Pest Management policy is available for review in the school office. The school also keeps records of prior pesticide applications and the pesticides used. You may review these records, a copy of the policy and Maine's "Pesticides in Schools" regulation (Chapter 27 of the Department of Agriculture Board of Pesticides Control "Standards for Pesticide Applications and Public Notification in Schools") by contacting our Director of Plant Operations at 207-582-5346.
[NOTE: The previous version of the policy stated: "When appropriate, the school will notify staff, including the school nurse, students and parents/guardians at least 24 hours in advance of planned pesticide treatments . . . ." The Board of Pesticides rule has more stringent notification requirements, which are reflected in this notice.]
Adopted: December 7, 2006
File: ECB-E3
NOTICE OF PLANNED PESTICIDE APPLICATION
The following notice is provided in compliance with State regulations establishing standards for pesticide applications and notification in schools.
[Product name], EPA registration number [000000], containing [chemical name] will be applied by [name of pest control company or licensed applicator] to [area in building or on school property where pesticide will be applied] during [approximate time of day and date of application] for the purpose of controlling [type of pest].
For additional information regarding this application, you may contact Jon Stonier at 207-582-5346.
This application is consistent with MSAD #11's Integrated Pest Management (IPM) program. The objective of the IPM program is to provide effective pest control while minimizing pesticide use. The goals of the IPM program include managing pests to reduce any potential hazards to human health; preventing loss or damage to school structures or property; preventing pests from spreading beyond the site of infestation to other school property; and enhancing the quality of life for students, staff and others.
[NOTE: The regulation requires that the notice contain, at a minimum, the following information:
a. Trade name and EPA registration number of the pesticide to be applied;
b. Approximate date and time of the application;
c. Location of the application;
d. Reasons for the application; and
e. Name and phone number of the person to whom further inquiry regarding the application may be made.]
Legal Reference: Ch. 27 § 4, Department of Agriculture Board of Pesticides Control Rule (Standards for Pesticide Applications and Public Notification in Schools)
Adopted: December 7, 2006
File: EDC
AUTHORIZED USE OF SCHOOL EQUIPMENT
The MSAD #11 Board will permit school equipment, including computers, to be loaned to staff when its use is related to their duties in M.S.A.D. #11. School equipment, may be loaned to students when the equipment is necessary for instructional purposes or for co-curricular or extracurricular activities.
School furniture and equipment with the exception of technology and science resources may be loaned to community groups for educational, civic, or charitable purposes when such groups are meeting in school buildings or on school grounds as permitted by policy KF-Public Use of School Facilities under the following conditions:
A. The group borrowing the equipment agrees to accept responsibility for repairing or replacing any equipment damaged or lost; and
B. Use of equipment will not interfere with the school program.
Use of school equipment by individuals or groups for any other purpose is prohibited.
The Superintendent will be responsible for implementing procedures to ensure borrowers' responsibility for and return of all such equipment.
Adopted: May 4, 1989
Revised: August 6, 1992; December 7, 2006
File: EEA
STUDENT TRANSPORTATION SERVICES
The MSAD #11 Board will provide transportation for all students living beyond a reasonable distance from their school or from a scheduled bus stop as the Board has determined.
Exceptions to the above distance shall be made for the following reasons only:
A. Health
Exceptions to established walking distances may be made for students with disabilities as required by their IEP. Exceptions may also be made to accommodate a student's need for transportation with written documentation for the student's physician.
B. PK-Kindergarten Students
PK-Kindergarten bus service will include pick-up and delivery to the home, providing a suitable bus turn is available.
C. Hazardous Walking Conditions
Hazardous walking conditions shall be defined as those which would place a child of a given age in a situation of greater than normal or average danger.
Authorized bus stops will be located so as to load and unload students with the most safety allowed by road conditions. The distance between stops may vary according to safety factors. If possible, students will be loaded and unloaded so that it is not necessary for them to cross a main highway to reach their homes.
Requests for bus stops, inconsistent with this policy must be made in writing and submitted to the Superintendent.
Legal Reference: 20-A MRSA § 5401
Cross Reference: EEAC - School Bus Scheduling and Routing
JICC - Student Conduct on School Buses
Adopted: Prior to 1985
Revised: June 5, 1986; August 6, 1992; June 3, 2004; December 7, 2006
MSAD #ll
File: EEAA
RIDERS
MSAD #11 students are expected to ride the bus to which they are assigned.
Parents/guardians may request temporary changes in transportation arrangements. Such requests must be submitted in advance to the building principal. Approval is subject to available bus seating.
MSAD #11 bus drivers shall not permit any person other than a student, teacher, school official, mechanic, police, or patrol officer to ride in his/her bus without written consent from the Superintendent's Office or the Transportation Director.
Legal Reference: 20-A MRSA § 5401
Adopted: March 2, 1972
Revised: June 5, 1986; August 6, 1992; June 3, 2004; December 7, 2006
MSAD #11
File: EEAC
SCHOOL BUS SCHEDULING AND ROUTING
Regular bus stops will be established and all pupils assigned to each stop are expected to be at the bus stop at the designated time.
Requests to add service on District roads should be made in writing to the superintendent of Schools who will make his/her decision following consultation with the transportation director.
Each summer, the transportation manager will submit to the Superintendent the proposed bus routes for the upcoming school year. Once these routes have been approved, they may not be changed by any driver without consultation with the
transportation director.
Each spring, drivers should be surveyed and routes checked by the transportation director to determine whether service should be dropped on any road in the District.
Legal Reference: TITLE 20A MRSA SEC. 5401
Cross Reference: EEAA - RIDERS
Adopted: SEPTEMBER 3, 1959
Revised: JUNE 5, 1986; AUGUST 6, 1992; JUNE 3, 2004; December 7, 2006
MSAD #11
File: EEAE
VIDEO CAMERAS ON SCHOOL PREMISES
The MSAD #11 Board recognizes the school district's continuing responsibility to maintain order in the schools and to ensure the safety of staff and students. This is particularly true after school hours, late evenings and weekends when there is diminished supervision of the facilities. After carefully
balancing the need for discipline, safety, and security with students' interests in privacy, the MSAD #11 Board supports the limited use of video cameras to monitor activity in the halls, lobbies and external areas adjacent to the buildings.
A video monitor may be used in the office area to improve the supervision of the areas mentioned
above. Occasionally it may be necessary to video tape inappropriate behavior. When the
resulting video tapes are used as a basis for discipline, parents/guardians will be notified and given the opportunity to view the tape of their child. Students in violation of school discipline/conduct codes shall be dealt with in accordance with established MSAD #11 Board policy, administrative procedures, and established school practices. In the event that the behavior is unlawful (i.e. weekend breaking and entering) appropriate law enforcement may be called, and the video tape will be share with them.
Notice of use of video cameras in the school will be provided all students, parents and staff in
appropriate handbooks on an annual basis. Moreover, notice that video observation may take
place will be posted in any school using such equipment.
Any recording used in a disciplinary proceeding may be retained as part of a student's disciplinary record, being disposed of as other such documentation except when special circumstances warrant longer retention. In regard to such video recordings the school system will comply with all applicable provisions of state and federal law concerning student records.
The Superintendent will be responsible for the development of regulations regarding review of
video recordings made on school premises. Such regulations will provide for procedures for
review when significant violations of the student conduct code occur. Regulations will also
address the retention of video tapes, the security of video cameras and recordings, specifying the
school official(s) to be responsible for purchase, installation, maintenance, and replacement of
equipment, scheduling and placement of cameras requests for viewing, and any necessary follow-up.
Adopted: March 13, 1997
Revised: December 7, 2006
MSAD #ll
File: EEAEA
MSAD #11 STUDENT TRANSPORTATION EMPLOYEE REQUIREMENTS,
TRAINING, AND RESPONSIBILITIES
Part A-School Bus Drivers
The school bus driver is responsible for safeguarding the lives of children in performance of his/her duty. The work requires physical strength, mental poise, ability to cope effectively with emergencies, excellent driving skills and an ability to relate positively with students.
All school bus drivers must hold a valid school bus operator license endorsement issued by the Maine Secretary of State. All drivers are required to participate in any in-service training provided by the MSAD #11 school district.
A. Annual Medical Examination
All drivers operating a vehicle designed to carry 10 or more passengers must undergo an annual physical examination as required by the Uniform School Bus Standards and submit the completed School Bus Driver Physical Examination Form to the Superintendent/designee. Physical examinations shall be conducted by a physician selected by the school unit and paid for by the school unit.
If a driver wishes to select a different physician, the physician selected by the driver must be approved in advance and the examination shall be conducted at the driver's own expense.]
Annual examinations must be completed during the month preceding the start of the school year for regular drivers. New and substitute bus drivers must complete the examination before beginning their driving duties.
B. Drug and Alcohol Testing
School bus drivers will participate in drug and alcohol testing as required by applicable federal and state laws.
C. Annual Motor Vehicle Records Check
Each school bus driver operating a vehicle carrying 10 or more passengers shall undergo an annual state motor vehicle records check.
Part B - Other Employees with Student Driving Responsibilities
The Superintendent/designee is directed to obtain annual motor vehicle records checks for any school employee who transports students as part of their regular duties.
Legal Reference: 49 CFR Parts 40 and 382
26 MRSA §§ 681(8)(B); 685(2); 689
Uniform School Bus Standards, 081(6)
[Legal references current as of date of adoption]
Cross Reference: EEAEAA - Drug and Alcohol Testing of Bus Drivers
EEAEAA-R - Drug and Alcohol Testing of Bus Drivers-
Administrative Procedure
Adopted: December 7, 2006
File: EEAEAA
DRUG AND ALCOHOL TESTING OF SCHOOL BUS DRIVERS
In accordance with the federal Omnibus Transportation Employee Testing Act of 1991, in addition to other pertinent state and federal laws promulgated to effectuate a drug and alcohol free workplace, the MSAD #11 is committed to the establishment of an alcohol and controlled substance testing program for for school bus drivers, in addition to any other employees who drive vehicles to transport 10 passengers, including the driver.
The purpose of the testing program shall be to help prevent accidents, injuries and deaths resulting from the misuse of alcohol and controlled substances by drivers performing safety-sensitive functions. The Superintendent shall be responsible for the implementation of an alcohol and drug-testing program consistent with federal regulations and shall implement additional administrative procedures to assist and further the implementation of the federal mandates regarding alcohol and controlled substances testing as he/she deems necessary.
Legal References: 49 CFR Part 382
26 MRSA && 681(8)(B); 685(2); 689
Adopted: DECEMBER 7, 1995
Revised: December 7, 2006
MSAD #ll
File: EEAEAA-R
DRUG AND ALCOHOL TESTING OF MSAD #11 SCHOOL BUS DRIVERS
ADMINISTRATIVE PROCEDURE
The MSAD #11 Board is committed to the establishment of an alcohol and controlled substance testing program that meets all applicable requirements of the federal Omnibus Transportation Employee Testing Act of 1991, in addition to pertinent state laws and regulations. The purpose of the testing program shall be to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by MSAD #11 drivers performing safety-sensitive functions.
The following administrative procedure represents a summary of the main provisions found in federal regulations promulgated to effectuate drug and alcohol testing of bus drivers. The following procedure in no way attempts to modify said regulations, which should always be referred to when questions as to implementation of this policy/procedure arise.
I. APPLICABILITY
All persons operating a commercial motor vehicle in commerce in any state and subject to the commercial driver's license requirements mandated under both federal and state laws, including the Omnibus Transportation Employee Testing Act of 1991, shall be subject to the drug and alcohol testing provisions herein contained.
II. IMPLEMENTATION
The Superintendent shall be responsible for implementing a drug and alcohol testing program which complies with procedures set forth in Title 49 Parts 40, 382, 390 and 395 of the Federal Code of Regulations. Such testing program shall include pre-employment/pre-duty drug testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty and follow-up testing. This school district shall provide parties subject to testing with written notice of materials and information available to them as required by Part 382.
III. CONTROLLED SUBSTANCES
Controlled substances in this policy/procedure refer to those covered by the Omnibus Transportation Employee Testing Act of 1991, including marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).
IV. SAFETY-SENSITIVE FUNCTION
Safety-sensitive function(s) in this policy/procedure refer to functions defined in 49 CFR §382.107 and §395.2 (On-Duty Time, paragraphs (1) through (6)).
V. PROHIBITIONS
All drivers subject to this policy shall be prohibited from:
A. Using any alcohol while on duty and four (4) hours prior to going on duty;
B. Possessing alcohol while on duty;
C. Reporting for duty or remaining on duty while having an alcohol concentration of 0.02 or greater;
D. Using any alcohol for eight (8) hours following an accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first;
E. Refusing to submit to a required alcohol or controlled substance test(s);
F. Reporting for duty or remaining on duty when using any controlled substance, except when use is pursuant to the instructions of a physician who advised the driver that the substance does not adversely affect the driver's ability to safely operate the vehicle; and
G. Reporting for duty, remaining on duty, or performing a safety-sensitive function, if the driver tests positive for a controlled substance.
VI. REQUIRED TESTING
A. Pre-Employment Testing. Prior to the first time a driver performs a safety-sensitive function for the school district, the driver shall undergo testing
for controlled substances. However, no driver shall be subjected to pre-employment controlled substance testing prior to having been offered a position. Employment is conditioned upon a verified negative controlled substance test result.
B. Post-Accident Testing. As soon as practicable following an accident, each surviving driver will be subject to alcohol and controlled substance testing as follows:
1. Any driver performing safety-sensitive functions with respect to the vehicle if the accident involved loss of human life;
2. Any driver who receives a citation under State or local law for a moving violation arising from the accident; and
a. Causes bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
b. Should one or more motor vehicles incurring disabling damage as a result of the accident, require a motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
3. In addition, the following provisions will also apply.
a. Alcohol. If a test required under this section is not administered within two (2) hours following the accident, the school district shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test is not administered within eight (8) hours following the accident, the school district shall cease attempts to administer the test and shall prepare and maintain the same record. Records shall be submitted to the Federal Highway Administration (FHWA) upon request of the Associate Administrator.
b. Controlled Substances. If a test required by this section is not administered within thirty-two (32) hours following the accident, the school district shall cease attempts to administer the test and shall prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FHWA upon request of the Associate Administrator.
C. Random Testing. All drivers subject to this policy/procedure will be subject to random and unannounced alcohol and controlled substance testing throughout the year. The minimum annual percentage rate for testing of bus drivers is as follows:
1. Random alcohol testing shall be a minimum of 10 percent of the number of driver positions each selection period; and
2. Random controlled substance testing shall be a minimum of 50 percent of the number of driver positions each selection period.
D. Reasonable Suspicion Testing. All drivers subject to this policy/procedure shall submit to alcohol and controlled substance testing when the employer has reasonable suspicion to believe that the driver has violated the prohibitions found in Part V. of this procedure, with the exception of Part V. B. regarding alcohol possession. The school district shall base its determination that reasonable suspicion exists requiring the driver to undergo such testing on observations concerning appearance, behavior, speech or body odors of the driver. When controlled substances are at issue, observations may include indications of the chronic and withdrawal effects of controlled substances.
In addition, the following provisions also apply.
1. Alcohol. Alcohol testing will be performed only if the aforementioned observations are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with this policy/procedure. If a test required under this section is not administered within two (2) hours following the reasonable suspicion determination, the school district shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required under this section is not administered within eight (8) hours following a determination that reasonable suspicion exists, the school district shall cease attempts to administer an alcohol test and shall state in the record reasons for not administering the test. The school district shall submit to the FHWA records of tests required by this section that were not completed within eight (8) hours according to the mandates of 49 CFR § 382.307 (3).
2. Controlled Substances. The school district shall, within twenty-four (24) hours or before the results of the controlled substances test are released, whichever is earlier, create a written record of the observations leading to a controlled substances test which shall be signed by the supervisor or school district official making said observations.
E. Return-to-Duty Testing. Prior to returning to duty requiring the performance of safety-sensitive functions when a driver has engaged in conduct prohibited under this policy/procedure, the driver shall undergo a return-to-duty alcohol and/or controlled substances test(s) as appropriate.
Drivers found to have engaged in prohibited conduct under the alcohol provisions of this policy/procedure will not be permitted to return to duty unless the subsequent alcohol test reveals a result less than or consistent with federal and state standards. In cases involving controlled substances, a verified negative result is necessary before a driver may return to duty.
F. Follow-up Testing. In the event that a driver has been found to have been in violation of the prohibitions herein contained and is identified as requiring assistance in resolving problems associated with alcohol and/or controlled substances, the school district shall require the driver to submit to at least six (6) unannounced follow-up alcohol and/or controlled substances tests during the first twelve (12) months after returning to duty. Follow-up tests will be unannounced and may continue for up to sixty (60) months after returning to duty. Follow-up alcohol testing shall be conducted only when the driver is performing, just before, or just after ceasing to perform safety-sensitive functions.
VII. REFUSAL TO SUBMIT TO TESTING
All drivers who are required by federal regulations to submit to drug/alcohol testing must do so immediately upon being directed to submit to the test(s). A driver's refusal to submit to testing will subject the driver to immediate removal from the performance of safety-sensitive functions. In addition, failure to comply with Federal regulations or this procedure is grounds for disciplinary action up to and including dismissal. Any of the following actions on the part of a driver constitutes a refusal to submit to a test:
A. Failure to provide adequate specimens/samples of substance(s) undergoing testing, including but not limited to breath and urine, without a valid medical reason;
B. Engaging in conduct which obstructs the testing process; and
C. Refusal by an employee to complete and sign testing forms.
VIII. TRAINING FOR SUPERVISORS
This school district will assign persons who will be designated to determine whether reasonable suspicion exists to require a driver to undergo testing under Part 382, with at least sixty (60) minutes of training on alcohol misuse and receive at least an additional sixty (60) minutes of training on controlled substances. Training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.
IX. ENFORCEMENT
This school district, in its independent authority as an employer, shall subject any driver who violates this policy/administrative procedure or Federal regulations to potential disciplinary action up to and including dismissal, except to the extent that any state law or collective bargaining agreement requires otherwise.
In addition, any driver who refuses to submit to a post-accident, random, reasonable suspicion, return-to-duty or follow-up test(s) shall not perform or continue to perform safety-sensitive functions.
Furthermore, no driver tested and found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions including driving a commercial motor vehicle until the start of the driver's next regularly scheduled duty period, but not less than twenty-four (24) hours after the test was administered.
X. RECORDS
Employee drug and alcohol tests and results shall be maintained under strict confidentiality in a secure location with controlled access and released only in accordance with law. A driver, upon written request, shall receive copies of any records pertaining to his/her use of drugs or alcohol, including any records pertaining to his/her drug tests. Records shall be made available to subsequent employers or other identified persons only when expressly requested in writing by the driver.
XI. NOTIFICATIONS
Each driver shall receive educational materials prior to the school district's commencement of alcohol and controlled substances testing. Such material will explain the requirements of the Code of Federal Regulations, Title 49 Part 382, and contain a copy of the Board's policy and administrative procedures for meeting these requirements. Representatives of employee organizations shall be notified of the availability of this
information. The school district shall also include in the package of informational material submitted to each driver, a statement certifying that he/she has received the
informational material. The school district shall maintain the original signed copy of the statement on file.
In addition to the aforementioned items, the school district shall also make available to drivers and representatives of employee organizations information which shall identify:
A. The person designated by the school district to answer questions about the materials;
B. The procedures that will be used to test for the presence of alcohol and controlled substances; protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver;
C. Information concerning the effects of alcohol and controlled substances on an individual's health, work, and personal life; signs and symptoms of an alcohol or a controlled substance(s) problem (the driver's or co-worker's); and available methods of intervening when an alcohol or controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management; and
D. Post-accident procedures that will make it possible for a driver to comply with post-accident testing before any driver operates a commercial vehicle.
This school district shall also make available the following information:
A. The results of pre-employment controlled substance test(s) if the applicant requests such results within sixty (60) calendar days of being notified of the disposition of the employment application; and
B. The results of random, reasonable suspicion and post-accident drug tests if the results are verified positive. The school district shall also tell the driver which controlled substance(s) was verified as positive.
XII. CONTROLLED SUBSTANCES
Drivers shall inform their supervisors if at any time they are using a controlled substance which their physician has prescribed for therapeutic purposes. Such substance may be used in conjunction with duty only if the physician has advised the driver that it will not adversely affect his/her ability to safely operate a commercial motor vehicle.]
XIII. REFERRAL, EVALUATION, AND TREATMENT
A. Referral. A driver who has engaged in conduct prohibited by this policy/procedure shall be advised by the school district of resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances. The information the bus driver receives will include: names, addresses, and telephone numbers of substance abuse professionals, counseling and treatment programs, in addition to information relating to his/her responsibility with regard to payment of such services.
B. Evaluation/Treatment. A driver who engages in such prohibited conduct shall be evaluated by a substance abuse professional who shall determine what assistance or treatment, if any, the employee needs in resolving controlled substance(s) use.
XIV. RETURN TO DUTY
If a school district has not discharged a driver due to his/her engagement in prohibited conduct under this policy/procedure, the bus driver must, prior to returning to safety-sensitive duties:
A. Undergo return-to-duty testing and obtain an alcohol concentration level of less than 0.02 and/or a verified negative test for controlled substances;
B. Have been evaluated by a substance abuse professional; and
C. Have followed prescribed and/or recommended treatment.
XV. OTHER POLICIES/PROCEDURES
Nothing contained in this administrative procedure shall prevent the MSAD #11 Board from establishing and enforcing independent policies/procedures relating to the possession, being under the influence of, distribution, sale or use of alcohol or controlled substances or any misconduct associated therewith and the penalties for violation of those policies/procedures, up to and including dismissal.
Legal References: 49 CFR Parts 40, 382, 390, 395
26 MRSA §§ 681(8)(B); 685(2); 689
Adopted: December 7, 2006
Page 9 of 9
File: EEAEF
VIDEO CAMERAS ON TRANSPORTATION VEHICLES
The MSAD #11 Board recognizes the school district's continuing responsibility to maintain order on school transportation vehicles to ensure the safety of staff and students. After carefully balancing the need for discipline and safety with students' interests in privacy, the MSAD #11 Board supports the use of video cameras on school transportation vehicles. In an effort to reduce student behavior violations, the cameras may be used to monitor student behavior during transport to and from school and extracurricular activities.
When the resulting video tapes are used as a basis for discipline, parents/guardians will be notified and given the opportunity to view the portion of the tape pertaining to the alleged violation. Students in violation of school discipline/conduct codes shall be dealt with in accordance with established MSAD #11 Board policy, administrative regulations, and established school practices.
Notice of use of video cameras for disciplinary purposes in school transportation vehicles will be provided all students, parents and staff in appropriate handbooks on an annual basis. Moreover, notice that video observation may take place will be posted in each transportation vehicle.
Any recording used in a disciplinary proceeding may be retained as part of a student's disciplinary record, being disposed of as other such documentation except when special
circumstances warrant longer retention. In regard to such video recordings, the school system will comply with all applicable provisions of state and federal law concerning student records.
The Superintendent will be responsible for the development of regulations regarding review of video recordings made on school transportation vehicles. Such procedures will provide a process for review when significant violations of the student discipline/conduct code occur. Procedures will also address the retention of video tapes, the security of video cameras and recordings, specifying the school official(s) to be responsible for purchase, installation, maintenance, and replacement of equipment, scheduling and placement of cameras on transportation vehicles, requests for viewing and any necessary follow-up.
Cross Reference: JRA-Student Records
Adopted: MARCH 2, 1995
Revised: December 7, 2006
MSAD #ll
File: EFBA
MENU DEVELOPMENT/OPTIONS - OFFER VS. SERVE
LUNCH CONCEPT
The "Offer vs. Serve Option" is designed to be more economical for MSAD #11 and result in less waste. All lunches offered must contain five food items, but students have the freedom of choice in selecting the three, four or five items they intend to consume. They may refuse up to two items. All breakfasts offered must contain four food items, but students have the freedom to refuse one food item.
The Offer vs. Serve concept shall be implemented in the MSAD #11 schools. The Superintendent/designee shall be responsible for implementing appropriate administrative procedures and communications to carry out this policy in conformance with state and federal regulations and applicable Board policies.
Adopted: October 6, 2005
Revised: December 7, 2006
File: EFC
FREE AND REDUCED PRICE FOOD SERVICES
MSAD #11 shall take part, as feasible, in the National School Lunch and other food programs that may become available to assure that all children for whom this School Board is responsible shall have the opportunity to receive proper nourishment.
Parents shall be advised that this program is available and eligibility criteria shall be made public.
In accordance with the guidelines for participation in these programs, and in accordance with the wishes of the MSAD #11 Board, no child who a teacher believes is improperly nourished shall be denied a free lunch, or other food, simply because proper application has not been received from his/her parents or guardian.
It shall be the policy in our schools that when school lunch is desired, payment is expected on that day or in advance by/for pupils not eligible for free lunches. Should there be any difficulty in obtaining such payment, the matter is to be resolved by direct contact with the parent (or student, if emancipated). No student is to be denied food as a disciplinary measure.
The administration shall establish and publish, as appropriate, procedures which conform with state and federal requirements and the intent of this policy regarding participation in programs for free/reduced price meals and supplementary food.
Legal Reference: 20-A MRSA § 6601 et seq.
Adopted: October 6, 2005
Revised: December 7, 2006
File: EFCA
FOOD PROGRAM MILK OPTIONS
Skim, low-fat, whole plain milk and low-fat flavored milk shall be allowed as part of the federally/state subsidized school lunch and breakfast programs of MSAD #11.
Adopted: October 6, 2005
Revised: December 7, 2006
File: EFE
COMPETITIVE FOOD SALES-SALES OF FOODS IN COMPETITION WITH THE SCHOOL FOOD SERVICE PROGRAM
MSAD #11 supports good nutrition as part of a school environment that contributes to student health and encourages positive food choices and eating habits. The MSAD #11 Board believes that nutrition influences a student's ability to take full advantage of the school system's educational program and is, therefore, related to student achievement.
The MSAD #11 Board also recognizes that proceeds from the sale of foods and beverages outside of the School Lunch Program ("competitive foods") are a significant source of funds for student activities that MSAD #11 might not otherwise be able to provide.
The Board has adopted this policy to govern the sale of foods and beverages on school property.
[NOTE: This policy has been revised to assist boards and their school units in complying with the January 29, 2006 revision of Maine Department of Education (DOE) Rule Chapter 51, Child Nutrition Programs in Public Schools and Institutions. DOE guidance concerning interpretation of the rule may be found on the Department's website at www.maine.gov/education/chapter51. The format is "Frequently Asked Questions and Answers."]
RESTRICTION ON SALE OF COMPETITIVE FOODS
Maine Department of Education Rule Chapter 51 mandates that any food or beverage sold at any time on school property of a school participating in the National School Lunch or School Breakfast Programs shall be a planned part of the total food service program* of the school and shall include only those items which contribute both to the nutritional needs of children and the development of desirable food habits, and shall not include foods of minimal nutritional value as defined in applicable federal regulations**, except as provided for by school board policy in certain circumstances.
___________________________
*According to DOE Rule Chapter 51 (1)(b), the "Total Food Service Program" includes the federal Milk Program as defined in 7 C.F.R.§ 215; the federal Breakfast Program, which means the federal program under which a breakfast that meets the nutritional requirements set forth in 7 C.F.R. § 220 is offered; the National School Lunch Program (including the After School Snack), which means the federal program under which the school operates a nonprofit lunch program that meets the requirements of 7 C.F.C.§; or any combination of these programs.
**Foods of minimal nutritional value" as defined in 7 C.F.R. § 210.11 means: (a) In the case of artificially sweetened foods, a food which provides less than 5 percent of the Reference Daily Intake (RDI) for each of the eight specified nutrients per serving; (b) in the case of all other foods, a food which provides less than 5 percent of the RDI for each of eight specified nutrients per 100 calories and less than 5 percent of the RDI for each of eight specified nutrients per serving. The eight nutrients to be assessed for this purpose are: protein, vitamin A, vitamin C, niacin, riboflavin, thiamin, calcium, and iron. This definition is applicable to foods that are part of the total food service program of the school, and foods and beverages sold at food sales, school stores, and in vending machines. A listing of "Categories of Foods of Minimal Nutritional Value" is in Appendix B to 7 C.F.R. Part 210 (National School Lunch Program).
As allowed by Rule Chapter 51, the MSAD #11 Board permits the sale of food and beverages outside the total food program to:
1. To attendees at school-sponsored community events held on school property
(i.e., school-sponsored events that are open to the public)
2. To the public at community events held on school property in accordance with
with Board's facilities use policy.
3. In State-approved instructional Career and Technical Education (CTE) Programs.
4. By a school approved student organization or program if consistent with the
requirement that such sales not include foods of minimal nutritional value as
defined in 7 C.F.C. § 210.11(a)(2).
This policy applies to sales of foods and beverages at any time on school property by any person, group or organization.
When foods and beverages are sold to raise funds for schools or student activities, students, staff, parents, or school-sponsored organizations involved in such sales are encouraged to include at least some healthy food choices.
FUNDS FROM SALES OF COMPETITIVE FOODS
Funds from all food and beverage sales made at any time on school property shall accrue to the benefit of the school's non-profit school food service program, except that funds raised through authorized sales outside the total food service program shall accrue to the sponsoring school or approved student organization in accordance with applicable policies, cash-management procedures and administrative directives.
[NOTE: The MSAD #11 Board has broad discretion in determining when a sponsor of an event is an "approved student organization" and when an activity is a school-sponsored event.
In their ATM presentation on February 10, 2006, DOE staff confirmed that it is the Department's intent that funds raised by approved student organizations and by school affiliated booster groups through the sales of foods and beverages at events open to the public will accrue to the sponsoring organization, not to the school's food service program, provided that the MSAD #11 Board has adopted policy language that allows for this.
DOE staff also confirmed that foods of minimal nutritional value may be sold by approved student organizations when an event held on school property is open to the public. However, students may not sell foods of minimal nutritional value if an event is not open to the public. Boosters may also sell foods of minimal nutritional value if the event is open to the public, e.g., basketball games.
Community events that are sponsored by non-school groups ("outside organizations" such as Kiwanis, Boy Scouts, Girl Scouts, Little League, other community organizations) are events over which the school unit has no authority or responsibility other than through the MSAD #11 Board's facilities use policy and procedures that implement the facilities use policy. Funds raised by these groups will accrue to the organization, provided that the MSAD #11 Board has adopted appropriate policy language. This will also apply to certain booster groups and booster activities that do fundraising activities in accordance with the facilities use policy.
We refer readers to the DOE website address provided in the note on page one of this policy for further information concerning interpretation of the rule.]
DELEGATION OF RESPONSIBILITY
The Superintendent/designee shall be responsible for enforcement of this policy. Permission for authorized food sales outside the total food service program shall be secured from the building principal and superintendent as specified in Policies JJE/Student Fund Raising Activities, KF/Community Use of School Facilities, KF-R/Community Use of School Facilities Administrative Procedure, and EFE-E/Child Nutrition Programs in Public Schools and Institutions Frequently Asked Questions.
Legal Reference: Ch. 51 (Dept. of Educ. Rule) (Child Nutrition Programs in Public
Schools and Institutions)
Cross Reference: DFD-Student Activities Fund
JJE-Student Fundraising Activities
KF-Community Use of School Facilities
KF-R-Community Use of School Facilities Administrative Procedure
EFE-E-Child Nutrition Programs in Public Schools and Institutions
Frequently Asked Question
Adopted: June 15, 2006
Reviewed: December 7, 2006
File: EFE -E
Chapter 51;
Child Nutrition Programs in Public Schools and Institutions
Frequently Asked Questions and Answers
Introduction
This rule; Chapter 51 Child Nutrition Programs in Public Schools and Institutions balances two important policy objectives. The rule is crafted to It the sale of any foods or beverages that would compete with the school's total food service program. This limitation is to ensure that the foods available to students are primarily those that meet the nutritional guidelines of the United States Department of Agriculture.
This objective is balanced with a second objective- namely the furthering of community involvement through the use of the school as a community facility. The rule serves this objective by creating exceptions to the limitation of the sale of food and beverages to only nutritious foods, but does so in a manner that is aimed primarily at the public, not students, thus avoiding competition with students and the total food service program. The further limitation is the rule on the accrual of funds from all foods and beverages to only the school or an approved student organization supports this policy objective and provides additional needed support to the school's non-profit school food service program.
The rule also serves to influence a change in the culture of schools whereby children are constantly faced with abundant foods that exceed recommended caloric allowances, etc. Listed below are questions frequently asked surrounding interpretations of this rule, and responses which clarify the requirements put forth in the rule.
Q. Are sales of foods after school hours, to the public, considered sales to the public, or sales at a community event?
A. After school hours represents a time of day. This is not an event. An event is an occurrence or some type of activity that takes place.
Q. What can be sold in vending machines, before and after school'?
A. Only foods that are not considered foods of minimal nutritional value.
Q. What is the federal listing of specific foods considered to be of minimal nutritional value?
A. These foods appear on line in Federal Regulation 7CFR21O Appendix B: Soda Water, Water Ices. Chewing Gum, And Certain Candies Such As: Hard Candy, Jellies and Gums, Marshmallow Candies, Fondant, Licorice, Spun Candy, and Candy Coated Popcorn. This regulation can be accessed at: www/fns.usda.gov
Q. Can a student sell popcorn or bake sale items to classmates?
A. If the products are not considered foods of minimal nutritional value and the sale is permitted by school board policy.
Q. Are foods and beverages sold in school stores restricted in any way?
A. Yes, all foods and beverages sold in school stores must not be considered foods of minimal nutritional value. Exceptions would apply only if the school store is available to the public during an event and school board policy allows school store purchases by the public.
Q. Can the funds received from the sale of foods and beverages in a school store, vending machines, or from other food sales be retained by the sponsor of the sale? A. Yes, if there is a policy established by the school board.
Q. Can Girl Scout cookies be sold at school?
A. Yes, but only if the sale is to the public and during an event. Girl Scout cookies
may not be sold to students.
Q. Must funds from the sale of foods and beverages sold at any time on school property
revert to the food Service Program?
A. Yes, unless there is a written policy that meets exceptions 1, 2, 3, 4, or 5 of the
rule.
Q. Can a student organization sell foods of minimal nutritional value to the public
at a community event?
A. Yes, exception 2 would apply.
Q. Can the school board by policy allow soda to be sold in vending machines?
A. No, the policy would violate Regulation, Chapter 51.
Q. Must a food product contain more than 5% of all eight specified nutrients as
defined in federal regulation in order to be acceptable?
A. No, the definition for foods of minimal nutritional value means that if all of the
nutrients that are contained in given food product fail to meet the 5% rule, the
food is considered a food of minimal nutritional value. If, however, at least one
of the nutrients of those contained in a food product meets or exceeds the 5%
rule, the food is acceptable.
Q. What is the definition of "artificially sweetened foods"?
A. An artificially sweetened food is one that is sweetened with a non-nutritive
sweetener such as saccharin, aspartame, Acesulfame, Potassium, and Sucralase.
Q. Can the PTA sell apples to students after school and who benefits from the sale?
A. Yes. The funds received would revert to the Food Service Program, unless school
board policy allows for the sponsor of the sale to benefit from the sale.
Q. If a school dance that is open to students only and food is sold at the dance, who
would benefit from the sales and what foods can be sold.
A. If the dance is not a public event, the school approved student organization or
program sponsoring the dance could benefit from the funds by an approved policy
of the school board. Food items sold must be acceptable in accordance with
exception 5 of this rule.
Q. Does the rule prevent me from continuing to sell cookies, brownies, or cakes
as part of the a la carte offerings?
A. No. However, the cookies, brownies, and cakes that are sold must be acceptable
as defined in this rule.
Q. How does Chapter 51 affect current contracts with beverage companies that
specify that soda (only their beverages) can be sold in vending machines?
A. Such contracts should be renegotiated to specify that only acceptable products
will be supplied by the beverage company.
Q. Are carbonated waters acceptable beverage products?
A. Yes.
Q. Can a student organization sell candy as a fund raiser?
A. Yes. However, students may only sell candy off the school property or in
accordance with exceptions 2 and 3 of the rule.
Q. Can students sell non-food items for fundraising purposes?
A. the rule only applies to the sale of foods and/or beverages.
Q. Can foods of minimal nutritional value such as cupcakes or cookies be
provided to students for celebrations/parties?
A.. The rule only applies to the sale of foods and/or beverages. If foods are
provided not sold, the rule does not apply.
Q. If an after school Teen Center, sponsored by a community program, which is
open to students only, and held in a facility on school property sells food to the
students, must the foods that are sold meet the nutritional standards of this rule?
Who benefits from the sale of foods in this situation?
A. The foods and beverages that are sold to students at this Teen Center must meet
the nutritional standards of this rule. The sponsor of the Teen Center can benefit
from these sales, only in accordance with school board policy.
Q. Are cough drops and chewing gum defined as foods?
A. Yes. Federal Regulations consider cough drops and chewing gum foods of
Minimal Nutritional Value. This regulation can be accessed at www.fns.usda.gov
Q. Can soda, chips, and candy be sold to the school staff?
A. Yes. Exception 1 of the rule applies to such sales.
Q. Can school staff collect money from students to support a classroom pizza party?
A. No. The collection of money to pay for students participation in a classroom pizza
party represents a food sale.
Q. My High School does not participate in the National School Lunch Program; does
this rule apply to my school?
A. No. The rule only applies to schools participating in the National School Lunch
Program.
Q. Can a student bring foods of Minimal Nutritional Value from home?
A. Chapter 51 does not apply to foods and beverages brought to school by students.
Q. If a School Food Service Department is contracted to provide banquet catering
for a community or public event, must the food service program benefit from the
funds received?
A. Yes. However, exception 2 or 3 of the rule could apply to such situations.
Q. Can the Career and Technical Education Programs (CTE) sell lollipops to
students during school hours?
A. No. Lollipops are considered foods of Minimal Nutritional Value.
Q. Can nutritious foods and beverages be sold to students during the school day
through vending machines and school stores? If so, can the Board by policy
allow profits to accrue to approved student organizations, or must these funds to
to the Food Service Program?
A. Yes, with a policy in place the profits are allowed to go to the student organization
as long as you are not selling foods of minimal nutritional value.
Q. Can student groups sponsor sales of nutritious foods and beverages to students as
well as staff? If so, can the Board by policy allows the profits to accrue to
approved student organizations?
A. Yes.
Q. If vending machines with nutritious foods and beverages are available to students
after the school day; can the Board by policy allow funds from these vending
machines to accrue to approved student organizations?
A. yes.
Q. We believe that it is the DOE's intent that outside groups (Lions Club) that sell
foods and beverages (nutritious or not) in accordance with the Boards facilities
use policy are allowed to keep their profits for their own use. Can you confirm
that this is correct?
A. Yes, if this is a public event with a policy in place.
JM/GL/aew
The complete rule can be viewed on the secretary of state page or by using this link
Chapter 051.
Adopted: June 15, 2006
Reviewed: December 7, 2006
File: EGAD
COPYRIGHT COMPLIANCE
It is the intent of the MSAD #11 School Board that all employees and students in MSAD#11 adhere to the provisions of federal copyright law. Employees and students who willfully disregard the law and the districts copyright policy and administrative procedure(s) do so at their own risk. The school district will not extend legal and/or insurance protection to employees or students for willful violations of this policy. Such violations may also result in disciplinary action.
The Superintendent is responsible for implementing this policy and the accompanying administrative procedure. The Superintendent may develop additional administrative procedures and/or delegate specific responsibilities to building principals and others, as she/he deems appropriate.
At a minimum, the following steps shall be taken in an effort to discourage violation of the copyright law in the school district:
A. Employees shall be provided with copies of the Copyright Policy/administrative procedure.
B. Notices shall be posted in reasonable proximity of equipment that may be used for copying materials.
C. Teachers and library media specialists shall be responsible for informing students about the legal, ethical, and practical problems caused by copyright infringement and illegal use of materials.
Legal Reference: Public Law 94-553, the Copyright Act of 1976, 17 U.S.C. & 101 et seq.
Cross Reference: EGAD-R -Copyright Compliance Administrative Procedure
GCSA-Employee Computer and Internet Use
IJNDB-Student Computer and Internet Use
IJNDC-School System Website and Web Pages
Adopted: August 6, 1992
Revised: June 3, 2004; December 7, 2006
File: EGAD-R
COPYRIGHT COMPLIANCE ADMINISTRATIVE PROCEDURE
MSAD #11 procedure contains a summary of the major provisions found in the federal copyright law and guidelines concerning reproduction of copyrighted works by educators. This summary is not intended to replace the law/guidelines, which should be referred to when questions regarding implementation arise. Copies of this procedure shall be furnished to all MSAD #11 faculty members. Faculty teaching any form of distance learning or online course must carefully review and comply with Part III of the procedure in addition to all other parts.
"FAIR USE"
A copyright provides the owner with the exclusive rights of reproduction, adaptation, publication, performance and display of the covered work. The copyright law contains certain "fair use" provisions that permit limited reproduction of materials based on four criteria:
A. The purpose and character of the use, including whether such is of a commercial nature or is for nonprofit educational purposes;
B. The nature of the copyrighted work;
C. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
D. The effect of the use upon the potential market for or value of the copyrighted work.
"FACE-TO-FACE INSTRUCTION"
Performance or display of any copyrighted work by teachers or students without permission from the copyright holder is permissible under the following circumstances:
A. The work must be performed or displayed in a face-to-face setting by a teacher or by students; and
B. The performance or display must be in the course of teaching activities, in a classroom or a similar educational setting.
Examples of performances or displays falling under this exception include reading a play in the classroom, singing a song in a classroom or showing a filmstrip or video (provided that it has been purchased or lawfully copied).
The following sections summarize the permissible or "fair use" of different types of copyrighted works. Because the law and technological applications continue to evolve, school district employees are responsible for ensuring that the intended use of materials does not conflict with copyright law/guidelines and for informing students of such issues as appropriate.
PRINT MATERIALS
A. Permissible Uses
1. A single copy of the following made for use in teaching or in preparation to teach a class:
a. A chapter from a book;
b. An article from a periodical or newspaper;
c. A short story, short essay or short poem, whether or not from a collective work; and
d. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.
2. Multiple copies made for classroom use (not to exceed one copy per student in a course) from the following:
a. A complete poem, if it has fewer than 250 words and does not exceed two printed pages in length, or an excerpt of not more than 250 words from a longer poem;
b. A complete article, story or essay of less than 2,500 words;
c. Prose excerpts not exceeding 10 percent of the whole or 1,000 words, whichever is less;
d. One chart, graph, diagram, cartoon or picture per book or per issue of a periodical; and
e. An excerpt from a children's book containing up to 10 percent of the words found in the text and not more than two printed pages of the published work.
3. One transparency for classroom instruction may be made from consumable materials such as workbooks, exercises, activity sheets, etc.
4. All permitted copying must include appropriate credits, including the author, title, date, copyright notice and any other pertinent information.
B. Prohibited Uses
1. More than one word or two excerpts from a single author copied during one class term;
2. More than three works from a collective work or periodical volume copied during one class term;
3. More than nine sets of multiple copies made for distribution to students in one class term;
4. Copies made to create, replace or substitute for purchasing anthologies or collective works;
5. Copies made of "consumable" works, such as workbooks, exercises, standardized tests and answer sheets (except as noted in A.3 above);
6. The same work copied from term to term;
7. The same material copied for more than one particular course, or copied every time a particular course is offered, unless permission is obtained from the copyright owner;
8. Copies made when there is sufficient time prior to the intended use to obtain permission from the copyright owner; and
9. No charges may be made to students beyond the actual cost of photocopying.
COMPUTER SOFTWARE
All software purchased for use in the school district must be approved by the Technology Director. Only the Superintendent and Technology Director may obtain and sign software licensing agreements and duplication rights agreements. All terms of such licensing/duplication agreements must be observed by all school district employees and students.
Software purchased by the school district for classroom, lab, media center and office use remains the property of the school district and may be used only in school-sponsored programs and activities.
A. Permissible Uses
1. One archival (back-up) copy of copyrighted software may be made by authorized employees (unless a licensing agreement prohibits copying for any purpose);
2. Software may be used on a networked computer system if written permission is obtained or a version intended for network is used;
3. Software may be loaded on multiple equipment if it is specifically advertised as multi-load or written permission has been obtained; and
4. Preview software may be evaluated for a reasonable evaluation period before being purchased or returned.
B. Prohibited Uses
1. Illegal copies of copyrighted software programs made or used on school equipment;
2. Copies made of preview software;
3. Use of software on a networked computer system not intended for network use without written permission;
File: EGAD-R
4. Multiple loading of software not specifically intended for multi-loading without written permission;
5. Multiple copies made of copyrighted software (beyond an authorized archival copy);
6. Multiple copies made of printed documentation accompanying copyrighted software;
7. Copies made of software for sale, loan, transmission or gift to other users; and
8. Copies made of locally produced adaptations or modifications of copyrighted software for any purpose.
INTERNET
The rights of the owner of copyrighted material on the Internet are the same as the rights of the owner of traditional materials. Unless there is a clear statement that art, photos, text and sounds are "public domain" and available for free use, it should be assumed that the material is copyrighted. All the criteria for "fair use" apply to works on the Internet just as they apply to other materials. The ease of copying materials from the Internet should not be used as an excuse for violating copyrights.
OFF-AIR TELEVISION RECORDING
A. Permissible Uses
1. Off-air recordings may be made only at the request of and used by individual teachers;
2. Off-air recording of broadcast programs available to the general public without charge may be made and retained for a period not to exceed 45 calendar days after the date of recording. The following additional requirements must also be met:
a. The recording may be used once by individual teachers in the course of relevant teaching activities and repeated once during the first ten consecutive school days in the 45-day retention period.
b. Following the first 10 consecutive school days, the recording may only be used for teacher evaluation purposes (i.e., to determine whether the broadcast program should be included in the curriculum).
c. Following the 45-day retention period, the recording must be erased or destroyed immediately unless written permission is obtained from the copyright owner to keep and use the program in teaching/learning activities.
3. A limited number of copies may be reproduced from each off-air recording to meet the legitimate educational needs of teachers. Such copies are subject to the same guidelines as the original copy.
4. An off-air recording need not be used in its entirety, but the recording may not be altered, edited, combined or merged. All copies must include the copyright notice of the broadcast program.
B. Prohibited Uses
1. Recording broadcast programs in anticipation of requests;
2. Recording broadcast programs when there is sufficient time prior to the scheduled program to obtain permission from the copyright owner;
3. Recording programs from pay/satellite television channels (HBO, Cinemax, Disney, etc.);
4. Using or retaining recordings beyond the 45-day retention period without written permission;
5. Recording the same program more than once for the same teacher (regardless of how many times the program may be broadcast); and
6. Altering the program from the original content in any way (although the entire program need not be viewed).
USE OF PRE-RECORDED VIDEOS
Pre-recorded videos include commercially available videos marked "For Home Use Only" (such as feature films), including VHS tapes, DVD disks, filmstrips, etc.
A. Permissible Uses
Pre-recorded videos may be used in "face-to-face instruction" provided that the viewing utilizes a lawfully-made copy rented or purchased by the school unit.
B. Prohibited Uses
1. Videos may not be used for entertainment, filler, assemblies, fundraising, public viewing, or any other purpose without written permission of the copyright owner [and permission of the building principal].
2. Videos may not be used when a written contract specifically prohibits use in classroom or direct teaching situations.
3. Videos may not be borrowed from individuals or other schools.
4. Videos may not be copied.
MUSIC AND THEATER PERFORMANCES
Prior written permission must be obtained whenever copyrighted plays and musical numbers are to be performed or whenever copyrighted music is used as part of a performance.
EDUCATIONAL USES OF MUSIC
A. Permissible Uses
1. Emergency copies to replace purchased copies which for any reason are not available for an imminent performance provided that purchased replacement copies shall be substituted in due course.
2. For academic purposes other than performance, multiple copies of excerpts of works may be made provided that:
a. The excerpts do not constitute a performable unit (section, movement or aria) or more than ten percent of the entire work;
b. No more than one copy per student in the class is made; and
c. The copyright notice appears on the copies.
3. For academic purposes other than performance, a single copy of an entire performable unit (section, movement or aria) may be made by the teacher for scholarly research or in preparation to teach a class provided that:
a. The work is confirmed by the copyright owner to be out of print;
b. The work is unavailable except in a larger work; and
c. The copyright notice appears on the copy.
4. Printed copies that have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted. Lyrics may not be altered or added, if none exist.
5. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the school unit or an individual teacher.
6. A single copy of a sound recording (album, tape, cassette or CD) or copyrighted music may be made from sound recordings owned by the school unit or an individual teacher for the purpose of constructing aural exercises or examinations. The copy may be retained by the school unit or an individual teacher.
a. This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.
B. Prohibited Uses
1. Copy to create, replace or substitute for purchasing anthologies, collective works and compilations;
2. Copy "consumable" works, such as workbooks, exercises, standardized tests and answer sheets;
3. Copy for the purpose of performance (except as noted in A.1); and
4. Copy to substitute for the purchase of music (except as noted in A.1-2).
Cross Reference: EGAD - Copyright Compliance
Adopted: June 3, 2004
Revised: December 7, 2006