Miamisburg City Schools

 
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Section E: Support Services

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SECTION E: SUPPORT SERVICES

EA
EAA*

EB
EBA*
EBAA
EBAB*
EBB*
EBBA
EBBA-R
EBBB*
EBBC
EBC
EBCA*
EBCB*
EBCBA*
EBCC*
EBCD
EBCD-R
EBD
EBDA*

EC*
ECA
ECAA*
ECAB
ECB*
ECC*
ECD*
ECE*
ECF
ECG
ECG-R

ED*
EDA*
EDB*
EDBA*
EDBB*
EDC*
EDD*
EDE
EDE-R
EDEA

EE*
EEA
EEAA
EEAB*
EEAC

EEACA
EEACB*
EEACC
EEACC-R
EEACCA
EEACD

EEACD-R

EEAD
EEAE
EEAF*
EEAG*
EEB*
EEBA*
EEBB*
EEBC*
EEBD*

EF
EFA*
EFAA*
EFB
EFC*
EFD*
EFE*
EFF
EFG

EG*
EGA*
EGAA*
EGAAA
EGAAA-R
EGAB*
EGAC
EGAC-R
EGB*
EGC*

EH*
EHA
EHA-R

EI
EIA*
EIB*

EJ*

Support Services Goals
          Support Services Priority Objectives

Safety Program
          Buildings and Grounds Inspections
                 Reporting of Hazards
                 Warning Systems
         Accident Prevention and Safety Procedures
                 First Aid
                 First Aid
                 Accident Reports
                 Bloodborne Pathogens
         Emergency Plans
                 Disaster Plans
                 Fire Drills
                       Tornado Drills
                 Bomb Threats
                 Emergency Closings
                 Emergency Closings
        Crisis Management
                 Suicide Intervention

Buildings and Grounds Management
        Buildings and Grounds Security
                 Access to Buildings
                 Vandalism
       Buildings and Grounds Maintenance
       Custodial Services
       Traffic and Parking Controls
       Buildings and Grounds Records and Reports
       Energy Conservation
       Integrated Pest Management
       Integrated Pest Management

Material Resources Management
       Receiving and Warehousing
       Maintenance and Control of Materials
              Maintenance and Control of Instructional Materials
              Maintenance and Control of Noninstructional Materials
       Authorized Use of School-Owned Materials
       Material Resources Records and Reports
       Computer/On-Line Services (Acceptable Use and Internet Safety)
       Computer/On-Line Services (Acceptable Use and Internet Safety)
       Internet Safety Policy

Transportation Services Management
       Student Transportation Services
               Walkers and Riders
               School Bus Scheduling and Routing
               School Bus Safety Program

               Bus Driver Examination and Training
               School Bus Maintenance
               Student Conduct on School Buses (Also JFCC)
               Student Conduct on School Buses (Also JFCC-R)
                             Video Cameras on Transportation Vehicles
                              Drug Testing for District Personnel Required to Hold  a
                              Commercial Driver’s License
                              Drug Testing for District Personnel Required to Hold a
                              Commercial Driver’s License
                Special Use of School Buses
                Student Transportation in Private Vehicles
                Student Transportation Insurance
                Student Transportation Records and Reports
        Business and Personnel Transportation Services
                School-Owned Vehicles
                Use of Private Vehicles on School Business
                Business and Personnel Transportation Insurance
                Business and Personnel Transportation Records and Reports

         Food Services Management
                Food Purchasing
                      Use of Surplus Commodities
                Free and Reduced-Price Food Services
                Vending Machines
                Food Sanitation Program
                Food Services Records and Reports
                Food Sale Standards
        Student Wellness Program

        Office Services Management
                Office Communications Services
                       Printing and Duplicating Services
                               Copyright
                               Copyright
                       Mail and Delivery Services
                       Telephone Services
                       Telephone Services
                Clerical Services
                Office Services Records and Reports

          Data Management
                 Data and Records Retention
                 Data and Records Retention (Electronic Mail)

           Insurance Management
                  Property Insurance
                  Liability Insurance

            Evolution of Support Services (Also AFF)

 *These topics are not currently covered by Board policy.

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File:  EA

SUPPORT SERVICES GOALS

Support services are essential to the educational program.  The Board serves as trustee of District facilities and overseer of school operations for the purpose of providing the facilities and services which support a thorough and efficient educational program.

In order to provide support services that are supportive of the educational program, the Board develops goals which will support the overall educational program.  The goals of the support services program include a:

    1.    safe and pleasant physical environment for teaching and learning for the school
           community through the continual evaluation of the facilities;

    2.    transportation program for the safe transporting of students to and from school;

    3.    food services program which supports the nutrition programs through
           participation in the National Child Nutrition Programs and

    4.    safety program which evaluates personnel, buildings, vehicles, equipment and
           supplies to maintain a safe environment and to minimize the effects of a
           disaster.

[Adoption date:  October 21, 2004]

CROSS REFS.:    EB, Safety Program
                                EBC, Emergency Plans
                                EEA, Student Transportation Services
                                EF, Food Services Management
                                EFB, Free and Reduced-Price Food Services

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File:  EB

SAFETY PROGRAM

It is the policy of the Board to take precautions to provide for the safety of all students, employees, visitors and others present on District property or at school-sponsored events.

Principals are responsible for the supervision of a safety program for their appropriate schools and develop written procedure to comply with the Public Employment Risk Reduction Act (PERRA) regulations and policies.

The Superintendent/designee has overall responsibility for the safety program of the District.  General areas of emphasis include, but are not limited to, in-service training; accident record keeping; plant inspection; driver and vehicle safety programs; fire prevention; emergency procedures and traffic safety problems relevant to students, employees and the community.

The practice of safety is a part of the instructional plan of the District schools through educational programs.  The educational program may include instruction in traffic and pedestrian safety, fire prevention and emergency procedures appropriately geared to students at various grade levels.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    Public Employment Risk Reduction Act; ORC 4167.01 et seq.
                              ORC    2744
                                           3313.60; 3313.643
                                           3737.73
                              OAC    3301-35-06

CROSS REFS.:    EA, Support Services Goals
                                EEAC, School Bus Safety Program
                                GBE, Staff Health and Safety
                                IGAE, Health Education
                                JHF, Student Safety

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File:  EBAA

REPORTING OF HAZARDS

The Board is concerned for the safety of students and staff members and, therefore, attempts to comply with all federal and state statutes and regulations to protect them from hazards that may result from industrial accidents or from the presence of asbestos materials.

Toxic Hazards

Toxic hazards exist in chemicals and other substances used in the school setting such as in laboratories, science classrooms, kitchens and in the cleaning of rooms and equipment.

The Superintendent appoints an employee to serve as the District’s Toxic Hazard Preparedness (THP) officer.  The THP officer will:

    1.    identify potential sources of toxic hazard in cooperation with material suppliers
           who shall supply the THP officer with material safety data sheets (MSDS);

    2.    ensure that all incoming materials, including portable containers, are properly
           labeled with the identity of the chemical, the hazard warning and the name and
           address of the manufacturer or responsible party;

    3.    maintain a current file of MSDS for every hazardous material present on District
           property;

    4.    design and implement a written communication program which:

            A.    lists hazardous materials present on District property;

            B.    details the methods used to inform staff and students of the hazards and

            C.    describes the methods used to inform contractors and their employees of
                    any hazardous substances to which they may be exposed and of any
                    corrective measures to be employed;

    5.    conduct a training program for all District employees to include such topics as
           detection of hazards, explanation of the health hazards to which they could be
           exposed in their work environment and the District's plan for communication,
           labeling, etc. and

    6.    establish and maintain accurate records for each employee at risk for
           occupational exposure including name, social security number, hepatitis B
           vaccine status, results of exams, medical testing and follow-up procedures for
           exposure incidents and other information provided by and to health care
           professionals.

In fulfilling these responsibilities, the THP officer may enlist the aid of county and municipal authorities and others knowledgeable about potential toxic hazards.

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File:  EBAA

Asbestos Hazards

In its efforts to comply with the Asbestos Hazard Emergency Response Act, the Public Employment Risk Reduction Act and the Asbestos Abatement Contractors Licensing Act, the Board recognizes its responsibility to:

    1.    inspect all District buildings for the existence of asbestos or asbestos-
           containing materials;

    2.    take appropriate action based on the inspections;

    3.    establish a program for dealing with friable asbestos, if found;

    4.    maintain a program of periodic surveillance and inspection of facilities or
           equipment containing asbestos and

    5.    comply with EPA regulations governing the transportation and disposal of
           asbestos and asbestos-containing materials.

The Superintendent appoints a person to develop and implement the District's Asbestos-Management Program which will ensure proper compliance with Federal and State laws and the appropriate instruction of staff and students.

The Superintendent also ensures that, when conducting asbestos abatement projects, each contractor employed by the District is licensed pursuant to the Asbestos Abatement Contractors Licensing Act.

Occupational Exposure Training

All employees with occupational exposure are required to participate in a training program at the time of their initial assignment to tasks where occupational exposure may occur.

Follow-up training for employees is provided one year after their initial training.  Additional training is provided when changes such as modifications of tasks/procedures or institution of new tasks/procedures affect employees’ occupational exposure.

A record of attendance at occupational exposure training is completed and maintained by the THP officer following each training session.  Such records are maintained for three years from the date of the training.

Records Availability

All records required to be maintained are made available upon request for examination and copying by the employee, employee representatives and under the provisions of PERRA.  Medical records, however, are not made available to employee representatives or other persons without written consent of the employee.

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File:  EBAA

Liability Disclaimer

Nothing in this policy should be construed in any way as an assumption of liability by the Board for any death, injury or illness that is the consequence of an accident or equipment failure or negligent or deliberate act beyond the control of the Board or its officers and employees.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3313.643; 3313.71; 3313.711
                                           3327.10
                                           4113.23
                                           4123.01 et seq.
                               Public Employment Risk Reduction Act; ORC 4167.01 et seq.
                               20 USC 8901
                               29 CFR 1910.1030
                               Asbestos School Hazard Abatement Act; 20 USC 4011 et seq.
                               Asbestos Hazard Emergency Response Act; 15 USC 2641 et seq.
                               Comprehensive Environmental Response, Compensation and Liability Act;
                               42 USC 9601 et seq.

CROSS REFS.:   EB, Safety Program
                               EBBC, Bloodborne Pathogens
                              GBE, Staff Health and Safety

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File:  EBBA

FIRST AID

The director of pupil personnel develops guidelines for the emergency care of any student or staff member who is injured or becomes ill at school or while engaged in a school-sponsored activity.  The guidelines are reviewed by the Board prior to implementation.

The guidelines provide for at least one person in each building to have special training in first aid.  In the case of an emergency involving a student, the emergency medical authorization form is followed and efforts are made to contact the parent/guardian.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    2305.23
                                            3313.712
                               OAC    3301-27-01; 3301-27-02; 3301-35-06

CROSS REFS.:   EB, Safety Program
                              JHCD, Administering Medicines to Students
                              Emergency Medical Form
                              Staff Handbooks

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File:  EBBA-R

FIRST AID

The following requirements shall be adhered to by all personnel.

    1.    A school nurse or other trained person is responsible for administering first aid
           in each building.  Although each nurse is assigned a school or group of schools
           for providing regular nursing services, a nurse is subject to call from any school
           if needed.  An emergency medical service will be called in case of serious
           illness or injury.

    2.    The parents of all students are asked to sign and submit an emergency medical
            authorization form which indicates the procedure they wish to be followed in the
            event of a medical emergency involving their child.  The forms are kept readily
            accessible in the health center of each school.

    3.    Only emergency care and first aid are provided.  A physician or nurse provides
            training for first-aid treatment and emergency care for various types of illness
            and injury.  Use of medications is limited to topical applications as directed by
            a physician for certain types of injuries or to such medication as might have
            been officially authorized for an individual child.

    4.    In cases in which the nature of an illness or an injury appears serious, the
           parent(s) are contacted and the instructions on the student’s emergency card
           are followed.  In extreme emergencies, arrangements may be made for a
           student’s immediate hospitalization whether or not the parent(s) can be
           reached.

    5.    No elementary student who is ill or injured is sent home alone.  Junior and
           senior high students may be sent home if the illness is minor and the parents,
           who have authorized such dismissal on the emergency medical forms, have
           been informed in advance.

    6.    Board-approved procedures are followed to guard against athletic injuries and
            to provide care and emergency treatment for injured athletes.  Coaches and
            trainers meet all requirements of the State Board of Education.

    7.    The dispensing of first-aid supplies is done in accordance with procedures
            established by the school nurse.

(Approval date:  October 21, 2004)

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File:  EBBC

BLOODBORNE PATHOGENS

Staff/students incur some risk of infection and illness each time they are exposed to bodily fluids or other potentially infectious materials.  While the risk to staff/students of exposure to body fluids due to casual contact with individuals in the school environment is very low, the Board regards any such risk as serious.

Consequently, the Board directs adherence to universally recognized precautions.  Universally recognized precautions require that staff and students approach infection control as if all direct contact with human blood and body fluids is known to be infectious for HIV, HBV and/or other bloodborne pathogens.*

To reduce the risk to staff/students by minimizing or eliminating staff exposure incidents to bloodborne pathogens, the Board directs the Superintendent to develop and implement an exposure control plan.

The plan shall include annual in-service training for staff and students; first-aid kits in each school building and each student transportation vehicle; correct procedures for cleaning up body fluid spills and for personal cleanup.

Training is followed by an offer of immunization with hepatitis B vaccine for all staff who are required to provide first aid to students and/or staff.  The vaccine is also offered to all staff who have occupational exposure as determined by the administrator.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    Public Employment Risk Reduction Act; ORC 4167.01 et seq.
                               20 USC 8901
                               29 CFR 1910.1030

CROSS REF.:    GBEA, HIV/AIDS (Human Immunodeficiency Virus/Acquired Immune                               Deficiency Syndrome) (Also JHCCA)

* Bloodborne pathogens are pathogenic microorganisms that are present in human blood and can cause disease in humans.  These include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

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File:  EBC

EMERGENCY PLANS

The safety and well-being of the students and staff are a priority.  Although emergencies and disasters cannot be predicted, plans are prepared to minimize the effects of a disaster.

Emergency plans have been prepared for District schools by the administration and are used by personnel and students in case of fire, civil emergencies and natural disasters.  The regulations are posted in each classroom and other areas accessible to students.  Drills provide both students and staff with practice in responding to emergency conditions should such conditions occur.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3737.73; 3737.99
                               OAC    3301-35-06

CROSS REFS.:   EBD, Crisis Management
                               ECA, Buildings and Grounds Security
                               Emergency Plans Handbook

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File:  EBCD

EMERGENCY CLOSINGS

The Superintendent may close the schools, dismiss students early or delay the opening of schools in the event of hazardous weather or other emergencies which threaten the safety or health of students or staff members.  It is understood that the Superintendent takes such action only after consultation with transportation and weather authorities.

In the event that the Superintendent/designee shortens the school day by no more than two hours due to hazardous weather, either at the beginning or the end of the given school day, that day will not be designated a calamity day.

Parents, students and staff members are informed early in each school year of the method of notification in the event of emergency closings or early dismissals.

Prior to September 1 of each year, the Board adopts a resolution specifying a contingency plan under which the students make up days the schools were closed because of calamity days.  These make-up days are beyond the five calamity days provided for by law.

The District may make up the time missed if the schools are closed due to a bomb threat (or any other act of inducing panic).

The contingency plan cannot in any way conflict with the collective bargaining agreement.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3313.48; 3313.482; 3313.483
                                           3317.01
                                           3737.73
                              OAC    3301-35-06

CONTRACT REFS.:    Teachers’ Negotiated Agreement
                                       Classified Staff Negotiated Agreement

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File:  EBCD-R

EMERGENCY CLOSINGS

Inclement Weather and Other Emergencies

    1.    Delaying start or closing schools due to snow, ice or other emergencies:

            A.    The supervisor of transportation consults with township road personnel,
                    makes road inspections, and calls the business manager by 5:45 a.m. if
                    closing or delaying start of school is apparent.

            B.    The business manager checks road conditions and if closing or delaying
                    start of school seems necessary, notifies the Superintendent prior to 6:00
                    a.m.

           C.    The Superintendent reviews the information provided by the business
                   manager, consults with area superintendents and makes a decision on
                   closing or delaying start prior to 6:30 a.m. and shall notify the District
                   administrators.

           D.    Announcement of delayed starting time and closure:

                   1)    The business manager notifies the:

                           a)    WHIO/WAVI/WDAO radio/TV stations prior to 6:45 a.m.;
                           b)    secondary building administrators prior to 7:00 a.m.;
                           c)    cafeteria manager prior to 6:30 a.m. and
                           d)    transportation supervisor prior to 6:30 a.m.

                   2)    The assistant to the Superintendent notifies:

                           a)    WONE/WDTN/WKEF/WPFB/WING Radio/TV stations prior to
                                  6:45 a.m. and
                           b)    elementary building principals prior to 7:00 a.m.

    2.    Dismissing early due to snow, ice, flooding or other emergencies:

            A.    Early dismissal of a grade or school before the regular time for emergency
                    reasons may be authorized by the principal only upon the approval of the
                    Superintendent.

                    If the dismissal is for an emergency in an individual school, the principal
                    shall immediately contact the Superintendent, appraise him/her of the facts
                    relating to the emergency and take appropriate action as recommended
                    by the Superintendent.

           B.    Announcement of early dismissal:

                   1)    The Superintendent notifies the central office administration.
                   2)    The business manager shall notify the radio/TV stations and the
                           supervisor of transportation.
                   3)    The Superintendent shall notify the secondary administrators.
                   4)    The assistant to the Superintendent shall notify the elementary
                           principals.

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File:  EBCD-R

Classified Employees and Principals Reporting to Work on a Delayed Start

    1.    Custodians, maintenance and lunchroom personnel, building secretaries,
            central office secretaries and clerks, central office administrators and building
            administrators are expected to report to work at their regular starting time
            unless specific circumstances prevent their being on time.

(Approval date:  October 21, 2004)

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File:  EBD

CRISIS MANAGEMENT

Comprehensive School Safety Plan

The Board believes that the safety and well-being of students and staff are a high priority.

Therefore, the Board is committed to develop a Comprehensive School Safety Plan for each facility in the District under the Board’s control following the mandates as defined in law.

The Board examines the environmental conditions and operations of each building.  The Board involves community law enforcement and safety officials, parents of students who are assigned to the building, teachers and non-teaching employees who are assigned to the building and appropriate safety consultants when developing the Comprehensive School Safety Plans.

The plans includes a protocol for addressing serious threats and a protocol for responding to emergency events, each of which may compromise the safety of school property, students, employees or administrators.

[Adoption date:  October 21, 2004]

LEGAL REF.:    ORC    3313.536

CROSS REFS.:    EBC, Emergency Plans
                                GBE, Staff Health and Safety
                                JHF, Student Safety
                                KBCA, News Releases
                                Emergency Plans Handbook

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File:  ECA

BUILDINGS AND GROUNDS SECURITY

Buildings and grounds constitute one of the greatest investments of the Board.  It is in the best interest of the District to protect such investments.

Security includes maintenance of a secure building and protection from fire hazards, faulty equipment and unsafe practices in the use of electrical, plumbing and heating equipment.  The Board shall cooperate with local law enforcement agencies and fire departments and with insurance company inspectors.

Access to buildings and grounds outside of regular school hours is limited to personnel whose work requires such access.  A security control system is established which limits access to buildings to authorized personnel and guards against entrance to buildings by unauthorized persons.

[Adoption date:  October 21, 2004]

LEGAL REF.:    ORC    3313.20

CROSS REFS.:    EBC, Emergency Plans
                                KK, Visitors to the Schools

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File:  ECAB

VANDALISM

Parents and students are made aware of the legal consequences of vandalism.  Students, employees and citizens of the District are urged to report any incidents of vandalism to property belonging to the District together with the name(s) of the person(s) believed to be responsible.  The Board may offer a reward for information leading to the arrest and conviction of any person who steals or damages Board property.

The Superintendent is authorized to sign a criminal complaint and to press charges against perpetrators of vandalism against school property.  The Superintendent is further authorized to delegate, as he/she sees fit, authority to sign such complaints and to press charges.

Any student found guilty of any form of vandalism or defacement of school property may be subject to suspension or expulsion.

Parents are liable up to the amount provided by law for the willful destruction of property by a minor in their custody or control.  If parents are found liable for monetary damages and are unable to make restitution, the Board may allow the parents to perform community service for the District instead of repayment of the damages.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    2909.05
                                           3109.09
                                           3313.173
                                           3737.99

CROSS REFS.:    JG, Student Discipline
                                JGA, Corporal Punishment
                                JGD, Student Suspension
                                JGDA, Emergency Removal of Student
                                JGE, Student Expulsion

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File:  ECF

ENERGY CONSERVATION

Measures should be taken to conserve energy in order to protect natural resources and to minimize the District’s expenditures for costs of energy consumption.  The Superintendent, supported by the school staff, develops and implements operating procedures to reduce energy consumption in the schools.  The Board also directs the Superintendent and the staff to continually assess the consumption of energy and make recommendations for improved use of energy resources.

One major component of the District’s energy management plan is periodic building energy audits which may take into consideration the:

    1.    type of construction of the building;

    2.    mechanical systems (heating, cooling, ventilation);

    3.    lighting and use of glass;

    4.    use of the building (during the day, after school, evenings or weekends);

    5.    utility bills or measurement of fuel consumed;

    6.    local weather;

    7.    age of the building;

    8.    floor space and

    9.    condition of insulation.

The Board may approve the purchase and installation of energy conservation measures via shared savings and/or installment contracts.  The Board may dispense with competitive bidding in awarding such contracts in accordance with law.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    133.06(G)
                                            3313.372; 3313.373; 3313.46(B)(3)

CROSS REFS.:    DJC, Bidding Requirements
                                FL, Retirement of Facilities

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File:  ECG

INTEGRATED PEST MANAGEMENT

The Board is committed to providing students with a safe learning environment free of pests and pesticides.  The Board directs the administration to develop regulations for the proper use and control of pesticides and chemicals.  In order to keep the facilities and grounds safe, the administration may investigate a variety of chemical and nonchemical methods that are designed to control pests effectively while minimizing potential exposure to students and staff.

Whenever possible, pesticides are administered during noninstructional periods and/or during school breaks.  If it becomes necessary to administer pesticides during times school is in session, the administration will provide notice to affected persons, prior to the date and time of the pesticide application, of the general area where the pesticide is to be applied and the telephone number to contact the school for more information.

[Adoption date:  October 21, 2004]

LEGAL REFS.:     Public Employment Risk Reduction Act; ORC 4167.01 et seq.
                                20 USC 8901
                                29 CFR 1910.1030
                                Comprehensive Environmental Response, Compensation and Liability Act,
                                42 USC 9601 et seq.

CROSS REFS.:    EB, Safety Program
                                EBBC, Bloodborne Pathogens
                                GBE, Staff Health and Safety

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File:  ECG-R

INTEGRATED PEST MANAGEMENT

Use of Pesticides

The following specific regulations are used by District staff and contractors when pesticides or alternative pest-control products are used.

    1.    An Integrated Pest Management Program (IPMP) is developed and
           implemented to reduce the use of pesticides.  Lawn care standards including
           mowing height and frequency, aeration, overseeding and fertilization are
           implemented to improve turfgrass density and reduce weed growth.

    2.    Structural and lawn chemicals such as insecticides, herbicides and fertilizers
           are chosen with as low a level of toxicity as practical.  The least toxic or organic
           formulation with the safest method of application is selected when there is a
           choice of products with comparable cost and effectiveness.  Products labeled
           “caution” are to be preferred over products labeled “warning” or “danger.”

    3.    Long-term storage of chemicals is kept to a minimum.  Since many chemicals
           lose effectiveness with storage, and storage further increases risk, only enough
           of the product for a given application is purchased.  All materials are stored in
           accordance with label instructions.  All products and application equipment are
           stored in a separate facility away from classrooms and food preparation or
           storage areas.  Storage facilities are kept inaccessible to students and the
           general public and are clearly marked as pesticide storage areas.

    4.    All chemicals have complete label instructions and remain in the original
           containers until used.  Material Safety Data Sheets (MSDS) and sample labels
           for lawn chemicals are kept on file in the District and are readily available to
           anyone who must handle such materials or who may be exposed to the product. 
           Structural pesticide labels and MSDS are filed in the District as well.

    5.    All applications of pesticides and fertilizers are made in strict compliance with
           the label instructions, and under no circumstances do the product
           concentrations exceed those specified in the application instructions.

    6.    An annual written plan of seasonal applications is distributed to building
           administrators and kept on file in the District.  The plan contains the following
           information:

           A.    the season of the application;

           B.    the purpose of the application;

           C.    the product to be used;

           D.    the formulation of the product;

           E.    an estimate of the amount of product to be used;

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File:  ECG-R

            F.    the District site and specific area to be treated;

            G.    the type of equipment to be used and

            H.    any requirements necessary to comply with the Ohio Department of
                    Agriculture and the Ohio Environmental Protection Agency regulations,
                    including any warning or notification signs.

    7.    All chemicals and organic products are applied at times that individuals are not
           in the immediate area or scheduled to use District facilities within the restricted
           entry limitations identified on the product label.

    8.    A sign is posted on each affected site seven days prior to the target application
           date identified in the seasonal application plan to notify staff and residents of
           pending applications.  The sign includes a phone number to call to request
           additional information.

    9.    Treated school grounds are posted with a sign identifying the date and time of
            the application, product used and re-entry date and time.  Signs remain posted
            for 24 hours after the expiration of the re-entry date and time.

  10.    Records are kept in the District following each application and contain the
            following information:

            A.    name of certified applicators supervising the application and name of
                    trained service technicians making application;

            B.    application and re-entry dates;

            C.    District site and specific areas treated;

            D.    pests controlled;

            E.    size of site treated;

            F.    trade name (brand name) and EPA registration number of chemicals used;

            G.    total amount of each chemical used;

            H.    rate of application and concentration of chemical formulation applied;

            I.    type of equipment used;

           J.    time of day, including the time of starting the actual application and the time
                  of completion or, if uncompleted, the time when operations ceased for the
                  day and

           K.    wind direction and velocity, air temperature and other weather conditions
                   when applicable.

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File:  ECG-R

  11.    District employee(s) responsible for handling and applying pesticides are
            required to have a valid pesticide application license issued by the Ohio
            Department of Agriculture, or must work under the direct supervision of a
            licensed applicator as permitted by ODA guidelines.

  12.    No school support groups, i.e., PTA, PTO, athletic boosters, etc., are permitted
            to apply chemicals on District property.

  13.     Any contracted services requiring the use of pesticides or any other chemicals
            must abide by Board policy and administrative regulations.

(Approval date:  October 21, 2004)

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File:  EDE

COMPUTER/ON-LINE SERVICES
(Acceptable Use and Internet Safety)

Technology can greatly enhance the instructional program as well as the efficiency of the District.  The Board recognizes that careful planning is essential to ensure the successful, equitable and cost-effective implementation of technology-based materials, equipment, systems and networks. 

Computers and use of the District network or on-line services support learning and enhance instruction, as well as assist in the administration.  Computer networks allow people to interact with many computers; the Internet allows people to interact with hundreds of thousands of networks.
                   
 All computers are to be used in a responsible, efficient, ethical and legal manner.  Failure to adhere to this policy and the guidelines which follow will result in the revocation of the user’s access privilege.  Unacceptable uses of the computer/network include but are not limited to:

    1.    violating the conditions of the Ohio Revised Code dealing with students’ and
           employees’ rights to privacy;

    2.    using profanity, obscenity or other language which may be offensive to another
           user;

    3.    reposting (forwarding) personal communication without the author’s prior
           consent

    4.    copying commercial software in violation of copyright law;

    5.    using the network for financial gain, for commercial activity or for any illegal
           activity;

    6.    “hacking” or gaining unauthorized access to other computers or computer
           systems, or attempting to gain such unauthorized access;

    7.    accessing and/or viewing inappropriate material and

    8.    downloading of freeware or shareware programs.

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The Superintendent/designee shall develop a plan to address the short- and long-term technology needs and provide for compatibility of resources among school sites, offices and other operations. As a basis for this plan, he/she shall examine and compare the costs and benefits of various resources and shall identify the blend of technologies and level of service necessary to support the instructional program.

Because access to on-line services provides connections to other computer systems located all over the world, users (and parents of users who are under 18 years old) must understand that neither the school nor the District can control the content of the information available on these systems.  Some of the information available is controversial and sometimes offensive.

The Board does not condone the use of such materials.  Employees, students and parents of students must be aware that privileges to access on-line services are withdrawn from users who do not respect the rights of others or who do not follow the rules and regulations established.  A user’s agreement is signed to indicate the user’s acknowledgment of the risks and regulations for computer/on-line service use. The District has implemented technology-blocking measures to prevent students from accessing inappropriate material or materials considered to be harmful to minors on school computers. The District has also purchased monitoring devices which maintain a running log of Internet activity, recording which sites a particular user has visited.

“Harmful to minors” is defined as any picture, image, graphic image file or other visual depiction that:

1.    taken as a whole and with respect to minors appeals to a prurient interest in
       nudity, sex or excretion:

2.    depicts, describes or represents, in a patently offensive way with respect to what
       is suitable for minors, an actual or simulated sexual act or sexual contact, actual or
       simulated normal or perverted sexual acts or lewd exhibition of genitals or;

3.    taken as a whole, lacks serious literary, artistic, political or scientific value as to
       minors.

Annually, a student who wishes to have computer network and Internet access during the school year must read the acceptable use and Internet safety policy and submit a properly signed agreement form. Students and staff are asked to sign a new agreement each year after reviewing the policies and regulations of the District.

[Adoption date:  December 20, 2007]

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LEGAL REFS.:    U.S. Const. Art. I, Section 8
                               Family Educational Rights and Privacy Act; 20 USC 1232g et seq.
                               Children’s Internet Protection Act; (P.L. 106-554, HR 4577, 2000,
                               114 Stat 2763)
                               ORC    1329.54 through 1329.67
                                            3313.20
                                            3319.321

CROSS REFS.:    AC, Nondiscrimination
                                ACA, Nondiscrimination on the Basis of Sex
                                ACAA, Sexual Harassment
                                IB, Academic Freedom
                                IIA, Instructional Materials
                                IIBG, Computer-Assisted Instruction
                               JFC, Student Conduct (Zero Tolerance)
                               Staff Handbooks
                               Student Handbooks

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COMPUTER/ON-LINE SERVICES
(Acceptable Use and Internet Safety)

The following guidelines and procedures shall be complied with by staff, students or community members who are specifically authorized to use the District’s computers or on-line services.

    1.    Use appropriate language. Do not use profanity, obscenity or other language
           which may be offensive to other users. Illegal activities are strictly forbidden.

    2.    Do not reveal your personal home address or phone number or those of other
           students or colleagues.

    3.    Note that electronic mail (e-mail) is not guaranteed to be private. Systems
           managers have access to all messages relating to or in support of illegal
           activities and such activities may be reported to the authorities.

    4.    Use of the computer and/or network is not for financial gain or for any
           commercial or illegal activity.

    5.    The network should not be used in such a way that it disrupts the use of the
            network by others.

    6.    All communications and information accessible via the network should be
           assumed to be property of the District.

    7.    Rules and regulations of on-line etiquette are subject to change by the       
           administration.

    8.    The user in whose name an on-line service account is issued is responsible for
            its proper use at all times. Users shall keep personal account numbers and
            passwords private. They shall use this system only under the account numbers
            issued by the District.

    9.    The system shall be used only for purposes related to education or
            administration. Commercial, political and/or personal use of the system is
            strictly prohibited. The administration reserves the right to monitor any
            computer activity and on-line communications for improper use.

  10.    Users shall not use the system to encourage the use of drugs, alcohol or
            tobacco nor shall they promote unethical practices or any activity prohibited by
            law or Board policy.

  11.    Users shall not view, download or transmit material that is threatening, obscene,
            disruptive or sexually explicit or that could be construed as harassment, bullying
            or disparagement of others based on their race, national origin, citizenship
            status, sex, sexual orientation, age disability, religion, political beliefs or any
            other personal or physical characteristics.

  12.    Copyrighted material may not be placed on the system without the author’s
            permission.

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  13.    Vandalism results in the cancellation of user privileges. Vandalism includes
            uploading/downloading any inappropriate material, creating computer viruses
            and/or any malicious attempt to harm or destroy equipment or materials or the
            data of any other user.

  14.    Without permission, users shall not read other users’ mail or files; they shall not
            attempt to interfere with other users’ ability to send or receive electronic mail,
            nor shall they attempt to read, delete, copy, modify or forge other users’ mail.

  15.    Users are expected to keep messages brief and use appropriate language.

  16.    Users shall report any security problem or misuse of the network to the teacher
           or the principal or immediate supervisor.

(Approval date: October 21, 2004)
[Revised: February 17, 2005]

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INTERNET SAFETY POLICY

It is the policy of the Miamisburg City School District to:

             A.    prevent user access over its computer network to, or transmission of,
                     inappropriate material via internet, electronic mail, or other forms of direct
                     electronic communications;
             B.    prevent unauthorized access and other unlawful online activity;
             C.    prevent unauthorized disclosure, use or dissemination of personal
                     identification information of minors; and
             D.    comply with the children’s Internet Protection Act (Pub. L. No. 106-554; 47
                     USC 254(h)).

To the extent practical, technology protection measures (or Internet filters) shall be used to block or filter Internet, or other forms of electronic communications, or access to inappropriate information. Specifically, as required by the Children’s Internet Protection Act, blocking shall be applied to visual depictions of material deemed obscene or child pornography, or to any material deemed harmful to minors. Subject to staff supervision, technology protection measures may be disabled or, in the case of minors, minimized only for bona fide research or other lawful purposes.

To the extent practical, steps shall be taken to promote the safety and security of users of the Miamisburg City School district online computer network when using electronic mail, chat rooms, instant messaging, and other forms of direction electronic communications. Specifically, as required by the Children’s Internet Protection Act, prevention of inappropriate network, usage includes:

             A.    unauthorized access, including so-called “hacking”, and other unlawful
                     activities; and
             B.    unauthorized disclosure, use and dissemination of personal identification
                     information regarding minors.

It shall be the responsibility of all members of the Miamisburg City School District staff to supervise and monitor usage of the online computer network and access to the Internet in accordance with this policy and the Children’s Internet Protection Act. Procedures for the disabling or otherwise modifying any technology protection measures shall be the responsibility of the Director of Assessment and Support or officially designated representative(s).

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CIPA Definition of Terms:

TECHNOLOGY PROTECTION MEASURE: A specific technology that blocks or filters Internet access to visual depictions that are:
    1. OBSCENE as defined in section 1460 of title 18, United States Code
    2. CHILD PORNOGRAPHY: as defined in section 2258 of title 18, United States
        Code
    3. HARMFUL TO MINORS
                 Harmful to minors is defined as any picture, image, graphic image file or
                 otherwise visual depiction that:
                           a.    taken as a whole and with respect to minors, appeals to prurient
                                   interest in nudity, sex or excretion;
                           b.    depicts, describes or represents, in a patently offensive way with
                                   respect to what is suitable for minors, an actual or simulated
                                   sexual act or sexual conduct, actual or simulated normal or
                                   perverted sexual acts, or lewd exhibition of the genitals; and
                           c.    taken as a whole, lacks serious literary, artistic, political or
                                  scientific value as to minors.
                                  (Sexual Act and Sexual contact have the meanings given in
                                  section 2246 of title 18, United States Code)

(Adoption Date:   January 17, 2008)

LEGAL REFS: Children’s Internet Protection Act, Pub. L. No. 106-554
                           United States Code 254(h)
                           Title 18 of USC Sections 1460, 2246, 2256

CROSS REF:  EDE Computer/On-Line Services
                          IIBG computer-Assisted Instruction
                          JFC Student conduct (Zero Tolerance)
                          Staff Handbooks’
                          Student Handbooks

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STUDENT TRANSPORTATION SERVICES

The transportation policies of the Board are aimed at providing a safe, efficient and economical method of getting students to and from school.  It is the desire of the Board that the transportation schedule serves the best interests of all students and the District.

In addition to that required by law, the Board provides school bus transportation to all elementary and secondary school students to the extent determined by the administration and approved by the Board.  This may vary because of safety conditions that prevail in certain areas of the District.  All regulations governing student transportation are in accordance with the Ohio School Bus Operation Regulations issued by the Ohio Department of Education, Ohio State Highway Patrol, Ohio Department of Highway Safety and as required by State law.

The District operates its own fleet of school buses.  If it is impractical to transport certain students by regular bus, they may be transported by other means.

The transportation program is under the direction of the transportation supervisor who is responsible to the Superintendent/designee.

Private School Transportation

The District provides transportation for students who attend private schools in compliance with State law.  The Board has the authority to make payment to the parents of such students in lieu of transportation.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3317.07
                                            3327.01-3327.10
                                            4511.76-4511.78
                               OAC    3301-83
                                            3301-87-01

CROSS REFS.:    EEAA, Walkers and Riders
                                EEAC, School Bus Safety Program

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WALKERS AND RIDERS

The Board provides transportation for resident elementary students in grades kindergarten through 8, who live more than two miles from school, and for all designated/approved students with physical or mental disabilities.  The transportation of high school students is optional.

Accordingly, the administration designates and the Board approves areas of residence from which students are provided transportation to schools.

The Board may create exceptions to the established areas when:

    1.    in the judgment of the Board, walking conditions to the student’s school are
           extremely hazardous and/or

    2.    because of overcrowding and the necessity to assign students to another
           building, the Board deems transportation necessary.

The Board authorizes the staff responsible for administering the student transportation program to require student identification as a prerequisite to riding a school bus when this is deemed necessary.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3327.01; 3327.011

CROSS REF.:    EEA, Student Transportation Services

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File:  EEAC

SCHOOL BUS SAFETY PROGRAM

The primary consideration in all matters pertaining to transportation is the safety and welfare of student riders.  Safety precautions shall include the following.

    1.    The transportation program meets all state requirements regarding the approval
           of bus drivers, standards for buses and safe speeds.

    2.    Special limits are set if terrain, age of student, traffic or student’s health (as
           determined by IEP, 504 Plan) has a bearing on the student’s safety.

    3.    Bus stops are limited, where feasible, so that students from several homes can
           meet safely at a central point for group pickup.

    4.    Emergency evacuation drills are conducted regularly throughout the school year
           to thoroughly acquaint student riders with procedures in emergency conditions.

    5.    All vehicles used to transport students are maintained in such condition as to
           provide safe and efficient transportation service with a minimum of delay and
           disruption of service due to mechanical or equipment failure.

    6.    Students in the primary grades are given instruction on school bus safety and    
            behavior within the first two weeks of the school year.

    7.    Drivers of Board owned, leased, contracted or operated vehicles other than
           school buses have met State training qualifications and vehicles have been
           equipped for safety and signage according to State law.

[Adoption date:  October 21, 2004]
[ Revised February 16, 2005]

LEGAL REFS.:    ORC    3327.09; 3327.10
                                            4511.75; 4511.76; 4511.761; 4511.762-4511.78
                               OAC    3301-83
                                            3301-87-01

CROSS REF.:    EB, Safety Program

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File:  EEACA

BUS DRIVER EXAMINATION AND TRAINING

Substitute and full-time bus drivers will meet the requirements as set forth in Federal laws, State laws and Board procedures prior to service.

[Adoption date:  October 21, 2004]

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File:  EEACC (Also JFCC)

STUDENT CONDUCT ON SCHOOL BUSES

The Board furnishes transportation in compliance with State law.  This fact does not relieve parents of students from the responsibility of supervision until such time as the student boards the bus and after the student leaves the bus at the end of the school day.

Students on a bus are under the authority of, and directly responsible to, the bus driver.  The driver has the authority to enforce the established regulations for bus conduct.  Disorderly conduct or refusal to submit to the authority of the driver is sufficient reason for refusing transportation services or suspending transportation services to any student once proper procedures are followed.

The Board authorizes the Superintendent or other administrators to suspend a student from school bus riding privileges only for a period of up to one school year.  The only due process required is notice to the student of an intended bus riding suspension and an opportunity to appear before the administrator considering the suspension before it happens.  The administrator’s decision is final.

The Board’s policy regarding bus riding privileges must be posted in a central location in each school building and made available to students upon request.

After Board approval, regulations regarding conduct on school buses, as well as general information about the school transportation program, are available to all parents and students.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3327.01; 3327.014
                               OAC    3301-83-08

CROSS REFS.:    JGA, Corporal Punishment
                                Student Handbooks

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File:  EEACC-R (Also JFCC-R)

STUDENT CONDUCT ON SCHOOL BUSES

The following regulations pertain to school bus conduct and are intended to ensure the safety and welfare of the students, the bus driver and other drivers on the road and to ensure the safety and proper maintenance of school buses.

Students will:

    1.    be careful in approaching bus stops walk on the left, toward oncoming traffic; be
           sure the road is clear both ways before crossing the highway;

    2.    be on time for the bus in order to permit the bus to follow the time schedule;

    3.    sit in assigned seats; bus drivers have the right to assign a student to a seat in
           the bus and to expect reasonable conduct in a manner similar to that of a
           teacher in a classroom;

    4.    reach assigned seat in the bus without disturbing or crowding other students;
           remain seated while the bus is moving;

    5.    obey the driver promptly and respectfully; realize that he/she has an important
            responsibility and that it is everyone's duty to help;

    6.    keep the bus clean and sanitary; no chewing gum, candy, pop, or ice cream,
           breakable containers or weapons of any kind are permitted on the bus at any
           time;

    7.    not engage in loud talking, laughing or profane and abusive language. 
           Unnecessary confusion diverts the driver's attention and may result in a serious
           accident.  No talking will be permitted while buses are at railroad grade
           crossings;

    8.    keep head, arm and hands inside the bus at all times.  Windows are intended
           for light and ventilation;

    9.    be courteous to fellow students and to the bus drivers and do not engage in
           verbal abuse;

  10.    treat bus equipment as they would treat valuable furniture in their home. 
           Damage to seats and other parts is unnecessary and always costly and

  11.    remain seated until the bus stops to unload, wait for signal from the bus driver
           and then cross the road in front of the bus. 

Riding to school is a privilege and convenience.  The failure of a student to follow these regulations may result in his/her forfeiting the privilege to transportation by school bus.

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Discipline

When discipline problems with individual students arise, the following procedure should be applied:

    1.    The driver should handle the problem himself/herself, if possible.

    2.    When the driver is unable to solve the problem, he/she should report it to the
            transportation supervisor.  Then, the transportation supervisor and driver, if
            necessary, will confer with the principal. 

    3.    Cases that cannot be solved through the courses outlined above will be referred
            to the Superintendent.

    4.    Students waiting at a school for pickup will be the joint responsibility of the
           administrator of that school and the school the student attends. Students should
           arrive at pickup points no more than 10 minutes prior to scheduled time of the
           arrival of the school bus.

    5.    The bus driver will use the following forms of discipline before referring a
           student to the building administrator.

            A.    Warn student orally of infraction of rules and the possible consequences.

            B.    Assign student to permanent seat.
   
           C.    Confer with building administrator orally regarding the student's discipline
                   problems.

           D.    Driver contacts parent regarding the student’s behavior and solicits their
                   support.

    6.    If the student continues his/her infraction of the rules, the bus driver sends a
           report to the building administrator on the "Bus Conduct Report" form via the
           transportation supervisor.

           A.    First Written Report: Marked "warning" by bus driver and parent(s),
                   guardian(s) contacted by transportation supervisor via phone or by mail,
                   and copy sent to building administrator.

           B.    Second Written Report: Building administrator contacts
                   parent(s)/guardian(s) by phone, and after appropriate written notice,
                   suspends the student's riding privileges for three days to five school days,
                   or assignment to Saturday School.

           C.    Third Written Report: Building administrator requests conference with
                   parent/guardian, student, bus driver and transportation supervisor, and
                   after appropriate written notice, may suspend the student's riding privileges
                   for 10 school days, or assignment to Saturday School.

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            D.    Fourth Written Report: Building administrator holds conference with
                    student and parents, and after appropriate written notice, suspends the
                    student's riding privileges for the remainder for the semester or up to 90
                    school days.  

(Approval date:  October 21, 2004)

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VIDEO CAMERAS ON TRANSPORTATION VEHICLES

The Board, as part of the District’s ongoing program to improve student discipline and ensure the health, welfare and safety of all those riding school transportation vehicles, may utilize video cameras on all school vehicles transporting students to and from curricular and extracurricular activities.  The use of video cameras may be random in fashion.

The video cameras monitor student behavior and the recordings are hereby stipulated as admissible evidence in student disciplinary proceedings.  The videotapes are student records subject to confidentiality, Board policy and administrative regulations.

The Superintendent/designee is directed to develop administrative regulations governing the use of video cameras in accordance with the provisions of law and this policy.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    Family Educational Rights and Privacy Act; 20 USC 1232g et seq.
                               ORC    149.43
                                            3313.20; 3313.47; 3313.66
                                            3319.321
                                            3327.014

CROSS REFS.:    EEAC, School Bus Safety Program
                                EEACC, Student Conduct on School Buses
                                JO, Student Records

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File:  EEACD

DRUG TESTING FOR DISTRICT PERSONNEL REQUIRED
TO HOLD A COMMERCIAL DRIVER’S LICENSE

School bus drivers and others required to hold a commercial driver’s license are subject to a drug and alcohol testing program that fulfills the requirements of the federal regulations.  The Board directs the Superintendent to develop a school bus driver drug testing program in compliance with Federal and State laws and regulations.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    OAC    3301-83-07
                               49 USC 31136, 31301, et seq.
                               49 CFR 382.115

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File:  EEACD-R

DRUG TESTING FOR DISTRICT PERSONNEL REQUIRED
TO HOLD A COMMERCIAL DRIVER’S LICENSE

School bus drivers and others required to hold a commercial driver’s license are subject to a drug and alcohol testing program that fulfills the requirements of the federal regulations.

The regulations reflect several requirements of the federal drug testing regulations but are not intended in any way to modify or limit the procedures for drug and alcohol testing.  District personnel must adhere to the detailed provisions of federal regulations in administering the District’s drug and alcohol program.

References to tests in these regulations include both drug and alcohol tests unless the context specifies otherwise.  The terms drugs and controlled substances are interchangeable and have the same meaning.  Drugs refer to marijuana, cocaine, opiates, phencyclidine (PCP) and amphetamines (including methamphetamines).

Pre-Employment Tests

A controlled substances test is administered before a driver performs any safety-sensitive functions for the District.

The test is required of an applicant only after he/she has been offered employment.  Employment is conditional upon the applicant’s receiving a negative drug test result.

An employee also may be exempt from the pre-employment drug test if he/she has participated in a drug testing program within 30 days prior to the application for employment and while participating in that program either was tested for drugs within the last six months (from the date of application) or participated in a random drug testing program in the previous 12 months, provided that the responsible administrator has been able to make all verifications required by law.

Post-Accident Tests

Alcohol and controlled substance tests are conducted in the time limits imposed by the Federal regulations after an accident on any driver who:

    1.    was performing safety-sensitive functions with respect to the vehicle if the
           accident involved loss of human life and/or

    2.    received a citation under State or local law for a moving-traffic violation arising
           from the accident.

No driver involved in an accident may use alcohol for eight hours after the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first.

If an alcohol test is not administered within two hours or if a drug test is not administered within 32 hours after the accident, the responsible administrator prepares and maintains records explaining why the test was not conducted.

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Tests conducted by authorized federal, state or local officials fulfill post-accident testing requirements, provided they conform to applicable legal requirements and are obtained by the responsible administrator.  Breath tests validate only the alcohol test and cannot be used to fulfill controlled-substance testing obligations.

Before any driver operates a commercial motor vehicle, the District provides him/her with post-accident procedures that make it possible to comply with post-accident testing requirements.

Random Tests

Tests are conducted on a random basis at unannounced times throughout the year.  Random tests for alcohol are conducted just before, during or just after the performance of safety-sensitive functions.  Random tests for drugs do not have to be conducted in immediate time proximity to performing safety-sensitive functions.  Once notified of selection for drug testing, a driver must proceed to a collection site to provide a urine specimen.

Drivers are selected by a scientifically valid random process, and each driver has an equal chance of being tested each time selections are made.  The number of bus drivers selected for random testing is in accordance with federal regulations.

Reasonable Suspicion Tests

Tests must be conducted when a properly trained supervisor or District official has reasonable suspicion that the driver has violated the District’s alcohol or drug prohibitions.  This reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the driver’s appearance, behavior, speech or body odors.  The observations may include indications of chronic and withdrawal effects of controlled substances.

Alcohol tests are authorized for reasonable suspicion only if the required observations are made during, just before or just after the period of the workday when the driver must comply with alcohol prohibitions.  If an alcohol test is not administered within two hours of a determination of reasonable suspicion, the appropriate administrator prepares and maintains a record explaining why this was not done.  Attempts to conduct alcohol tests terminate after eight hours.

An alcohol test may not be conducted by the person who determines that reasonable suspicion exists to conduct such a test.

A supervisor or District official who makes a finding of reasonable suspicion must also make a written record of his/her observations leading to a reasonable-suspicion drug test within 24 hours of the observed behavior or before the results of the drug test are released, whichever is earlier.

Return-to-Duty Tests

A drug or alcohol test is conducted when a driver who has violated the drug or alcohol prohibition returns to performing safety-sensitive duties.

Employees whose conduct involved misuse of drugs may not return to duty in a safety-sensitive function until the return-to-duty drug test produces a verified negative result.

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Employees whose conduct involved alcohol may not return to duty in a safety-sensitive function until the return-to-duty alcohol test produces a verified result that meets federal and District standards.

Follow-Up Tests

A driver who violates the drug or alcohol prohibition and is subsequently identified by a substance abuse professional as needing assistance in resolving a drug or alcohol problem is subject to unannounced follow-up testing as directed by the substance abuse professional in accordance with law.  Follow-up alcohol testing is conducted just before, during or just after the time when the driver is performing safety-sensitive functions.

Records

Employee drug and alcohol test results and records are maintained under strict confidentiality and released only in accordance with law.  Upon written request, a driver receives copies of any records pertaining to his/her use of drugs or alcohol, including any records pertaining to his/her drug or alcohol tests.  Records are made available to a subsequent employer or other identified persons only as expressly requested in writing by the driver.

Notifications

Each driver receives educational materials that explain the requirements of the Code of Federal Regulations, Title 49, Part 382, together with a copy of the policy and regulations for meeting these requirements.  Representatives of employee organizations are notified of the availability of this information.  The information identifies:

    1.    the person designated by the Board to answer driver questions about the         
           materials;

    2.    categories of drivers who are subject to the drug and alcohol testing
            requirements;

    3.    sufficient information about the safety-sensitive functions performed by drivers
            to make clear for what period of the workday driver compliance is required;

    4.    specific information concerning driver conduct that is prohibited;

    5.    circumstances under which a driver is tested for drugs and/or alcohol;

    6.    procedures that are used to test for the presence of drugs and alcohol, protect
           the driver and the integrity of the testing processes, safeguard the validity of test
           results and ensure that test results are attributed to the correct driver;

    7.    the requirement that a driver submit to drug and alcohol tests administered in
           accordance with federal regulations;

    8.    an explanation of what constitutes a refusal to submit to a drug or alcohol test
           and the attendant consequences;

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    9.    consequences for drivers found to have violated the drug and alcohol
            prohibitions including the requirement that the driver be removed immediately
            from safety-sensitive functions and the procedures for referral, evaluation and
            treatment;

  10.    consequences for drivers found to have an alcohol concentration of 0.02 or
            greater but less than 0.04 and

  11.    information concerning the effects of drugs and alcohol on an individual’s
           health, work and personal life; external and internal signs and symptoms of a
           drug or alcohol problem; and available methods of intervening when a drug or
           alcohol problem is suspected including confrontation, referral to an employee
           assistance program and/or referral to administrative officials.

Each driver must sign a statement certifying that he/she has received a copy of the above materials.

The Board-designated administrator notifies a driver of the results of a pre-employment drug test if the driver requests such results within 60 calendar days of being notified of the disposition of his/her employment application.

The Board designee notifies a driver of the results of random, reasonable suspicion and post-accident drug tests if the test results are verified positive.  The designee also tells the driver which controlled substances were verified as positive.

Drivers inform their supervisors if at any time they are using a controlled substance which their physician has prescribed for therapeutic purposes.  Such a substance may be used only if the physician has advised the driver that it will not adversely affect his/her ability to safely operate a commercial motor vehicle.

Enforcement

Any driver who refuses to submit to post-accident, random, reasonable-suspicion or follow-up tests is not allowed to perform or continue to perform safety-sensitive functions.

A driver who in any other way violates District prohibitions related to drugs and alcohol receives from the Board designee the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs available to evaluate and resolve drug- and alcohol-related problems.  The employee is evaluated by a substance abuse professional who determines what help, if any, the driver needs in resolving such a problem.

Any substance abuse professional who determines that a driver needs assistance will not refer the driver to a private practice, person or organization in which he/she has a financial interest, except under circumstances allowed by law.

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Before the driver is returned to safety-sensitive duties, if at all, the Board designee must ensure that the employee:

    1.    has been evaluated by a substance abuse professional;

    2.    has complied with any recommended treatment;

    3.    has taken a return-to-duty drug and alcohol test with a result indicating an
           alcohol concentration level of less than 0.02 and

    4.     is subject to unannounced follow-up drug and alcohol tests.  (The number and
            frequency of such follow-up testing is as directed by the substance abuse
            professional and consists of at least six tests in the first 12 months following the
            driver’s return to duty.)

(Approval date:  October 21, 2004)

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SPECIAL USE OF SCHOOL BUSES

Buses owned by the Board are used primarily for the purpose of transporting students and school personnel for school-approved activities.  They are available to all classes, groups or organizations within the schools in accordance with the following.

    1.    The use of District-owned buses is scheduled through the transportation office.

    2.    Fees (as established by the Transportation Department) for the use of the
           buses are established and made part of the District regulations.

    3.    The drivers of the buses must possess valid commercial drivers’ licenses as
            required by law.

    4.    The drivers of the buses ensure that the buses are not overloaded, that students
            conduct themselves in a safe and orderly manner while in the buses and that
            the buses are operated in a safe and lawful manner.

    5.    The drivers of the buses are responsible for reporting in writing to the
            transportation office the condition of buses, particularly any need for repair or
            servicing.

Approved Non-Routine Use of School Buses

 The “non-routine use of school buses” is defined as transportation of passengers for purposes other than regularly scheduled routes to and from school.  School buses may be used for non-routine trips only when approved by the Board and the trips do not interfere with routine transportation services, such as:

    1.    trips that are extensions of the instructional program as determined by the
           District or county board of mental retardation and developmental disabilities
           administration;

    2.    trips for the transportation of enrolled students directly participating in school-
           sponsored events.  A “school-sponsored event” is defined as any activity in
           which students are participating and are under the direct supervision and
           control of a certificated staff member or any advisor as designated by the
           Superintendent;

    3.    transporting of students taking part in summer recreation programs when such
           programs are sponsored by a recreation commission and there is an
           agreement between the Board and the recreation commission;

    4.    trips for transportation of the aged when contracted with a municipal corporation
           or a public or nonprofit private agency or organization delivering services to the
           aged;

    5.    trips for transportation of students and/or adults as approved by the Board to
           and from events within the local community which are school or local community
           sponsored (such events are open to the public);

    6.    emergency evacuation and/or emergency evacuation drills when such
           emergencies are declared by state or local directors of emergency disaster
           services;

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    7.    a civil emergency as declared by the governor;

    8.    transporting school employees and approved volunteers to approved programs
           or

    9.    transporting welfare reform participants and those participating in temporary
           assistance programs in coordination with local human service providers.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3327.01; 3327.05; 3327.10; 3327.13; 3327.14; 3327.15
                               OAC    3301-83-16

CROSS REFS.:   EEACD, Drug Testing for District Personnel Required to Hold a
                               Commercial Driver's License
                               GBQ, Criminal Record Check
                               IICA, Field Trips

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STUDENT TRANSPORTATION IN PRIVATE VEHICLES

School bus transportation is provided for all officially approved transportation requests to and from student activities.  The use of private vehicles for transportation of students, volunteers, teachers and other employees to and from student activities is discouraged.  If the need arises, transportation by private vehicles is permitted only if previously approved by the appropriate administrator.

If it is necessary to use private vehicles, evidence must be presented to the appropriate administrator that the vehicle and driver are covered for liability, medical payments, physical damage and uninsured motorist liability.  The Board maintains excess insurance through a nonownership liability endorsement to its bus fleet insurance policy covering all private vehicles used for transportation to and from student activities.  This excess insurance provides compensation for injury or death to any student or authorized passenger caused by any accident arising out of or in connection with the operation of a private vehicle transporting students and other authorized passengers.  The amounts and terms must be agreed upon by the Board and the insurance company.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3327.01; 3327.0

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FOOD SERVICES MANAGEMENT/FREE AND REDUCED-PRICE FOOD SERVICES

The Board operates a food services program in its schools.  Food preparation is centralized for elementary, intermediate and secondary schools when appropriate.

Food services include breakfasts and lunches in all schools through participation in the National Child Nutrition Programs.

The food services staff cooperates with the principals of the schools in matters essential to the proper functioning of the food services program.  The responsibility for control of students using the cafeteria rests with the building principal.

All prices set for school breakfasts, lunches and milk are subject to Board approval, except for
a la carte food prices.  The Food Services Supervisor sets these prices without Board approval.

As required for participation in the National Child Nutrition Programs, the Board agrees that:

    1.    breakfast and a “Type A” lunch are made available to students, provided at
           least one-third of the students are eligible under Federal law for free meals;

    2.    breakfast is made available in every school in which the parents of at least
           one-half of the children enrolled have requested that the breakfast program be
           established;

    3.    students who qualify receive free or reduced-price meals;

    4.    all meals must meet USDA nutritional standards and

    5.    the management of food services shall comply with all Federal, State and local
           regulations.

All students are expected to eat lunch at school and may not leave school grounds during the lunch hour, except as permission has been granted by the principal.  Students are permitted to bring their lunches from home and to purchase milk and incidental items.

School lunch funds and other food service funds are kept in a special account.

Students with Special Dietary Needs

At the beginning of each school year, or at the time of enrollment, parents are responsible for communicating any special dietary needs of their child, including food allergies, to the District.  Students with dietary needs that qualify as disabilities under law will be provided reasonable accommodation.

Substitutions to regular school meals provided by the District will be made for students who are unable to eat such meals due to a qualifying dietary need when that need is certified in writing by the student’s physician.  Such meals will be provided in the most integrated setting appropriate to the special needs of the student.

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The nature of the student’s qualifying dietary need, the reason such need prevents the student from eating regular school meals (including foods to be omitted from the student’s diet), the specific diet prescription along with the needed substitution must be specifically stated in the physician’s statement.  The District, in compliance with the USDA Child Nutrition Division guidelines, will provide substitute meals to food-allergic students based upon the physician’s signed statement.

The District shall develop and implement administrative regulations for the management of food-allergic students.  Such regulations shall include, but not be limited to, school-wide training programs regarding food allergy education, staff development regarding food allergy identification and management, allergy emergency drills, strategies for the identification of students with life-threatening food allergies and management skills including avoidance measures, designation of typical symptoms and dosing instructions for medications.

The District provides for at least one employee, who has received instruction in methods to prevent choking and has demonstrated an ability to perform the Heimlich maneuver, to be present while students are being served. 

[Adoption date:  October 21, 2004]

LEGAL REFS.:    National School Lunch Act; 42 USC 1751 et seq.
                              Child Nutrition Act of 1966; 42 USC 1771 et seq.
                              ORC    3313.81; 3313.812; 3313.813
                              Americans with Disabilities Act; 42 USC 12112 et seq.
                              Rehabilitation Act of 1973, 29 USC 794

CROSS REFS.:  ACB, Nondiscrimination on the Basis of Disability
                             JHCD, Administering Medicines to Students

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FOOD SALE STANDARDS

Nutrition Services

Through its Nutrition Services program, the Board has a responsibility to encourage the students to form healthy eating habits.  Nutrition Services will provide quality food and service for students and school personnel while using our resources responsibly.  The provision of quality food will increase performance and help promote good lifetime health habits.  The food services staff cooperates with the principals of the schools in matters essential to the proper functioning of the food services program.  The responsibility of the control of students using the cafeteria rests with the building principal.

    1.    Nutrient Standards:  Pursuant to Section 3313.814 of the ORC, the Board
           Nutrition Services Program shall contribute the necessary nutrients to the basic
           daily needs of each student.  The knowledge of nutrition early in the students’
           lives leads them to begin eating habits that contribute to good health in later life.

    2.    Nutrition Comparison:  Each meal offered to students shall satisfy the nutritional
           requirements established by USDA and in accordance with the Dietary
           Guidelines for Americans.

    3.    Eligibility for Meals:  Meals which meet the minimum requirements of the
           approved meal pattern prescribed by federal regulations and a la carte food
           items will be available to all students and school personnel.

           Applications for free and reduced-price meals will be provided for every
           household of students enrolled in school.  They will be evaluated and approved
           according to current income eligibility guidelines determined annually by the
           Secretary of Agriculture.  Confidentiality of information provided on the
           application is honored as stipulated in the federal policy.  A minimum number of
           applications are verified by December 15 of each school year.

           There will be no physical segregation of, nor any other discrimination against,
            any child because of the inability to pay the full price of the meal.  The names of
            the children eligible to receive free or reduced-price meals shall not be
            published, posted, or announced in any manner.

    4.    Breakfast and Lunch Pricing:  All prices set for school breakfast, lunch and milk
           are subject to Board approval, except for a la carte food prices.  The Food
           Services Supervisor sets these prices without Board approval.  The
           reimbursable meal must be priced as a unit (defined as a complete meal).  The
           operation will be nonprofit using its income for program purposes.  The yearly
           increase will be determined by the actual cost of food, labor, supplies, service
           and equipment the previous year, the current cost of living, and the projected
           rate of state and federal reimbursement and the projected dollar amount of the
           government donated foods to be received during the school year.  Breakfast is
           made available in every school in which parents of at least one-half of the
           children enrolled have requested that the breakfast program be established.

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    5.    Purchases - Preparation - Storage:  Purchases for the department will be made
            through a competitive bid and specification process.  This program is operated
            by the Southwestern Ohio Educational Purchasing Council.

           Special efforts will be made to use government commodities offered to help
           offset the cost involved in managing the department.

            Food will be stored and prepared according to health standards by the Nutrition
            Services Department and the local and state board of health.  Inventory of food
            and equipment will be maintained as vital measure for cost and as verification
            of the department.

    6.    Service:  The meals served, breakfast and lunch, will meet the minimum
            requirements of the federal meal patterns.  At both meals, the “offer versus
            serve” provision will be in place as an option for all students.  Cost of the meals,
            as a unit will not be affected by this provision.  If the student chooses not to take
            one of the items offered at breakfast or up to two of the items offered at lunch,
            he/she will still pay unit price for the meal.

    7.    Computerized Register System:  Each student has a personal meal account. 
           Students must have the ID badge with them to receive a meal.  Students are
           required to scan their personal ID badge to enter their account.  Parents and/or
           students have the option of putting money on account in advance or pay for
           each meal daily.  Students are permitted to charge two lunches only (no extra
            items can be charged).  A student account report is available on request.

    8.    Food of Minimal Nutritional Value:  Through its food service program, the Board
           has a responsibility to encourage students to form healthful eating habits.  Food
           or drinks of minimal nutritional value shall not be served or sold during
           scheduled lunch periods.  According to federal regulations, these foods are:

            A.    soda pop/soda water (carbonated beverages)
            B.    water ice, water that contains fruit juice are not included
            C.    certain candies such as:  hard candy, jellies, gums, marshmallow candies,
                    fondant, Licorice, spun candy (hard candy), candy coated popcorn

           The Board also encourages a cost efficient Nutrition Services operation. 
           Therefore, there is to be no competitive food such as fund-raising activities,
            including bake sales, sold during the hours of 7:00 a.m. to 1:30 p.m.  Reward
            parties during lunch such as pizza must be arranged with the Nutrition Services
            Supervisor.  Vending machines offering foods or beverages, which do not meet
            the nutritional standards established by the District may not be operated during
            the school lunch period.

            Food purchased in the cafeteria must be consumed in the food service area
            (cafeteria).  The principal can decide if a student needs to eat in a different
            area other than the cafeteria.

            The students are expected to each lunch at school and will not leave school
             grounds during the lunch period except as the principal has granted
             permission.  However, students will be permitted to bring their lunches from
             home and to purchase milk, juice and incidental items.

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    9.    Outside Sales:  Outside groups and school organizations selling food and drink
           on school premises after the scheduled school day shall be encouraged to
           provide foods of positive nutritional content.

  10.    Students with Special Needs:  At the beginning of each school year, or time of
           enrollment, parents are responsible for communicating any special dietary
           needs of their child, including food allergies, to the Districts Nutrition Services
           Department.  Students with dietary needs that qualify as disabilities under law
           will be provided reasonable accommodations as defined in 7CFR 15b. 
           Substitutions to regular school meals provided by the District will be made for
           students who are unable to eat such meals due to a qualifying dietary need
           when that need is certified in writing by the student’s physician.  Such meals will
           be provided in the most integrated setting appropriate to the special needs of
           the student.  Because this service could require additional expense for which
           USDA will not provide extra funding, effort should be made to make this
           accommodation to the child reasonable and without additional cost.

  11.    Legislation:  The Board and the Nutrition Services Department will work
            cooperatively with legislators and governmental agencies to promote policies
            which will further the achievement of nutrition integrity in food and nutrition for
            students.  The management of food services shall comply with all federal, state
            and local regulations.

School lunch funds and other Nutrition Services funds will be kept in a special account.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3313.814
                               OAC    3301-91-09

CROSS REF.:    IGDF, Student Fund-Raising Activities

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STUDENT WELLNESS PROGRAM

In response to the reauthorization of the Child Nutrition and Women, Infants and Children’s Act, the Board directs the Superintendent/Designee to develop and maintain a student wellness program.

The student wellness program:

1.    includes goals for nutrition education, physical activity and other school-based
       activities designed to promote student wellness
2.    includes nutrition guidelines for all foods available in the District during the school
       day in order to promote student health and reduce childhood obesity
3.    provides assurance that District guidelines for reimbursable school meals are, at
       a minimum equal to the guidelines issued by the U.S. Department of Agriculture
       and
4.    establishes a plan of implementation and evaluation including designating one or
       more persons within the District with the responsibility for ensuring that the District
       is compliant with Federal Law.

Development of the student wellness program must be a collaborative effort between parents, students, food service workers, administrators, the Board and the public.

[Adoption Date:  December 15, 2005]

Legal REFS.:  Child Nutrition and WIC Reauthorization Act; Pub. L. No. 108-265
                          (Title I, Section 204), 118 Stat. 729
                          National School Lunch Act; 42 USC 1751 et seq.
                          Child Nutrition Act; 42 USC 1771 et seq.
                           7 CFR, Subtitle B, Chapter 11, Part 210
                           7 CFR 225
                           7 CFR 245
                           ORC 3313.814
                           ORC 3301-91-09

Cross Refs.:     EF,    Food Services Management
                           EFB,  Free and Reduced-Price Food Services
                           EFF,  Food Sales Standards

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COPYRIGHT

The Board conforms to existing United States copyright laws and maintains the highest ethical standards in the use of copyrighted materials for instructional purposes.

The Board encourages its staff to enrich the learning programs by making proper use of supplementary materials.  It is the responsibility of the staff to abide by the copying procedures and obey the requirements of the law.  Under no circumstances may employees of the District violate copyright requirements in order to perform their duties properly.  The Board is not responsible for any violations of the Copyright Act by its employees.

Public Law 94-533, The Copyright Act, affects all employees because it sets guidelines regarding the duplication and use of all copyrighted materials – print, nonprint, music, computer software and others.  The Superintendent is responsible for disseminating the guidelines for duplication and use of copyrighted materials to all employees.

Any employee who is uncertain as to whether the reproducing or use of copyrighted materials complies with the procedures or is permissible under law shall contact the Superintendent/designee.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    U.S. Const. Art. I, Section 8
                              Copyright Act, 17 USC 101 et seq.

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COPYRIGHT

Educational Use of Copyrighted Print Materials

    1.    Fair use

           The fair use of copyrighted work for purposes such as criticism, comment, news
           reporting, teaching (including multiple copies for classroom use), scholarship or
           research is not an infringement of copyright.  In determining whether the use
           made of a work in any particular case is a fair use, the factors to be considered
           include the:

           A.    purpose and character of the use, including whether such use is of a
                   commercial nature or is for nonprofit educational purposes;
           B.    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.    effect of the use upon the potential market for or value of the copyrighted
                   work.

    2.    Single copying for teachers

           A single copy may be made of any of the following by or for a teacher at his/her
           individual request for his/her scholarly research or use in teaching or
           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 or
           D.    a chart, graph, diagram, drawing, cartoon or picture from a book,
                   periodical or newspaper.

    3.    Multiple copies for classroom use

           Multiple copies (not to exceed more than one copy per student in a course) may
           be made by or for the teacher giving the course for classroom use or
           discussion, provided that:

           A.    the copying meets the tests of brevity, spontaneity and cumulative effect as
                  defined below and
           B.    each copy includes a notice of copyright.

                   1)    Brevity

                           Poetry:  (a) a complete poem if less than 250 words and if printed on
                           not more than two pages or (b) from a longer poem, an excerpt of not
                           more than 250 words.

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                 Prose:  (a) a complete article, story or essay of less than 2,500 words or (b)
                 an excerpt of not more than 1,000 words or 10% of the work, whichever is
                 less, but in any event a minimum of 500 words.

                 Each of the numerical limits stated in “poetry” and “prose” above may be
                 expanded to permit the completion of an unfinished line of a poem or of an
                 unfinished prose paragraph.

                 Illustration:  one chart, graph, diagram, drawing, cartoon or picture per book
                or periodical issue.

                Special work:  certain work in poetry, prose or "poetic prose", which often
                combines language with illustrations, of less than 2,500 words.

                A "special work" may not be reproduced in its entirety.  However, an excerpt
                comprising not more than two of the published pages of a special work, and
                containing not more than 10% of the words found in the text thereof, may be
                reproduced.

        2)    Spontaneity

                The copying is at the instance and inspiration of the individual teacher.  The
                inspiration and decision to use the work, and the moment of its use for
                maximum teaching effectiveness, are so close in time that it would be
                unreasonable to expect a timely reply to a request for permission.

        3)    Cumulative effect

                The copying of the material is for only one course in the school in which
                copies are made.

                Not more than one short poem, article, story or essay, or two excerpts, may
                be copied from the same author, nor more than three from the same
                collective work or periodical volume, during one class term.

                The limitations stated in the preceding two paragraphs shall not apply to
                current news periodicals and newspapers and current news sections of
                other periodicals.

                 The limitations as to single copying for teachers and multiple copies for
                 classroom use are applicable.

    4.    Prohibitions

           A.    Copying shall not be used to create, replace or substitute for anthologies,
                   compilations or collective works.  Such replacements or substitutions may
                   occur whether copies of various works or excerpts there from are
                   accumulated or reproduced and used separately.

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          B.    There shall be no copying of or from works intended to be “consumable” in
                  the course of study or teaching.  These include workbooks, exercises,   
                  standardized tests, test booklets, answer sheets and similar consumable
                  material.

          C.    Copying shall not:

                   1)    substitute for the purchase of books, publishers’ reprints or
                           periodicals;
                   2)    be directed by higher authority or
                   3)    be repeated with respect to the same item by the same teacher from
                          term to term.

           D.    No charge shall be made to the student beyond the actual cost of the
                   photocopying.

Educational Use of Copyrighted Music

    1.    Permissible uses

            A.    Emergency copying may be done to replace purchased copies which for
                    any reason are not available for an imminent performance, provided
                    purchased replacement copies shall be substituted in due course.

            B.    For academic purposes other than performance, single or multiple copies
                   of excerpts of works may be made, provided that the excerpts do not
                   comprise a part of the whole which would constitute a performable unit
                   such as a section, movement or area, but in no case more than 10% of the
                   whole work.  The number of copies shall not exceed one copy per student.

            C.    Printed copies which have been purchased may be edited or simplified,
                    provided that the fundamental character of the work is not distorted or that
                    lyrics, if any, are not altered or added.

            D.    A single copy of recordings of performances by students may be retained
                    by the educational institution or individual teacher.

            E.    A single copy of a sound recording (such as a tape, disc or cassette) of
                   copyrighted music may be made from sound recordings owned by an
                   educational institution or an individual teacher for the purpose of
                   constructing aural exercises or examinations and may be retained by the
                   educational institution or individual teacher.  (This pertains only to the
                   copyright of the music itself and not to any copyright which may exist in the
                   sound recording.)

    2.    Prohibitions

           A.    Copying shall not be used to create, replace or substitute for anthologies,
                   compilations or collective works.

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           B.    Copying of or from works intended to be “consumable” in the course of
                   study or of teaching such as workbooks, exercises, standardized tests,
                   answer sheets and similar material is prohibited.

          C.    Copying shall not be used for the purpose of performance except as
                   previously stated.

          D.    Copying shall not be used for the purpose of substituting for the purchase of
                  music except as previously stated.

          E.    Copying without inclusion of the copyright notice which appears on the
                  printed copy is prohibited.

Educational Use of Copyrighted Audio-Visual Material

    1.    Before reproducing small portions of sound recordings, filmstrips, slide sets,
           transparencies or motion pictures, or videotaping commercial television
           broadcasts, employees shall consult with the principal to determine whether the
           proposed action complies with the “fair use” principles of the Copyright Act.

    2.    School recordings may be made of certain instructional television programs
           telecast by the local Public Broadcasting Systems educational television
           station.  Before recording the telecast, the following conditions shall be
           satisfied.

           A.    The monthly list of programs not licensed for recording shall be consulted. 
                   Any program listed shall not be recorded.
           B.    Recordings may be used in classroom or instructional settings as an
                   educational activity or at a PTA meeting, Board meeting or similar activity.
           C.    Recordings shall be used only in the facilities of the District and shall not be
                   loaned or made available outside of those facilities.
           D.    Recordings made from evening programs, which may be copied, shall be
                   retained for no more than seven days following the telecast unless an
                   extension is received in writing in advance.  Daytime telecasts may be
                   recorded and retained permanently unless otherwise notified.

Educational Use of Copyrighted Library Material

    1.    A library may make a single copy of unpublished work in order to replace it
           because it is damaged, deteriorated, lost or stolen, provided that an unused
           replacement cannot be obtained at a fair price.

    2.    A library may provide a single copy of copyrighted material at cost to a student
           or staff member.

           A.    The copy must be limited to one article of a periodical issue or a small part
                   of other material, unless the library finds that the copyrighted work cannot
                   be obtained elsewhere at a fair price.  Under the latter circumstances, the
                   entire work may be copied.

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           B.    The copy shall contain the notice of copyright, and the student or staff
                   member shall be notified that the copy is to be used only for private study,
                   scholarship or research.  Any other use subjects the person to liability for
                   copyright infringement.

    3.    At the request of the teacher, copies may be made for reserve use.  The same
           limits apply as for single or multiple copies as previously stated.

Copying Limitations

    1.    Circumstances arise when personnel are uncertain whether or not copying is
            prohibited.  In those circumstances, the Superintendent shall be contacted.  If
            the Superintendent is uncertain, he/she shall consult with the District’s legal
            counsel.

    2.    The following prohibitions have been expressly stated in federal guidelines.

            A.    Reproduction of copyrighted material shall not be used to create or
                    substitute for anthologies, compilations or collective works.
            B.    Unless expressly permitted by agreement with the publisher and
                    authorized by District action, there shall be no copying from copyrighted
                    consumable materials such as workbooks, exercises, test booklets,
                    answer sheets or similar materials.
            C.    Employees shall not:

                    1)    use copies to substitute for the purchase of books, periodicals, music
                            recordings or other copyrighted material, except as permitted by
                            District procedure;
                    2)    copy or use the same items from term to term without the copyright
                           owner’s permission;
                    3)    copy or use more than nine instances of multiple copying of protected
                           material in any one term;
                    4)    copy or use more than one short work or two excerpts from works of
                            the same author in any one term or
                    5)    copy or use protected materials without including a notice of
                           copyright.  The following shall constitute a satisfactory notice:

            NOTICE:    THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAW.

    3.    Employees shall not reproduce or use copyrighted material at the direction of a
           District administrator without permission of the copyright owner.

Computer Software Copyright

The Board recognizes that computer software piracy is a major problem for the industry, and that violations of copyright laws contribute to higher costs and lessen incentives for publishers to develop effective educational software.  Therefore, in an effort to discourage software piracy and to prevent such illegal activity, the District will take the following steps.

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    1.    The ethical and practical implications of software copyright violations will be
            provided to all employees and students using District computer facilities and
            software.

    2.    Employees and students will be informed that they are expected to adhere to    
           the Copyright Act and all subsequent amendments thereto governing the use of
           software.

    3.    Wherever possible, efforts will be made to secure software from being
           duplicated from floppy disks, hard drives or networked systems.

    4.    Illegal copies of copyrighted software shall not be made or used on District
           equipment.

    5.    District administrators shall be designated as the only individuals who may sign
           license agreements for educational software used on District computers.

    6.    Documentation of licenses for software used on District computers will be
            located at the site where the software is being used.

Unsupervised Copy Equipment

The following notice, in large type, shall be affixed to all District copying equipment (Xerox, Thermofax, audiotape recorder, videotape recorder and copy camera):

    NOTICE:    THE COPYRIGHT LAW OF THE UNITED STATES GOVERNS THE
                        MAKING OF COPIES OF COPYRIGHTED MATERIAL.  THE PERSON
                        USING THIS EQUIPMENT IS LIABLE FOR ANY INFRINGEMENT.

Library Copying for Students or Staff

    1.    The following notice, in large type, shall be posted prominently where copies
            are made available to students or staff:

        NOTICE:  THE COPYRIGHT LAW OF THE UNITED STATES GOVERNS THE
                          MAKING OF COPIES OF COPYRIGHTED MATERIAL.

    2.    The following notice, in large type, shall be posted prominently where print
           copies are made available to students and/or staff:

               WARNING CONCERNING COPYRIGHT RESTRICTIONS

THE COPYRIGHT LAW OF THE UNITED STATES GOVERNS THE MAKING OF COPIES OR OTHER REPRODUCTION OF COPYRIGHTED MATERIAL.

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UNDER CERTAIN CONDITIONS SPECIFIED IN THE LAW, LIBRARIES AND ARCHIVES ARE AUTHORIZED TO FURNISH A PHOTOCOPY OR OTHER REPRODUCTION.  ONE OF THESE SPECIFIED CONDITIONS IS THAT THE PHOTOCOPY OR REPRODUCTION IS NOT TO BE “USED FOR
ANY PURPOSE OTHER THAN PRIVATE STUDY, SCHOLARSHIP OR RESEARCH.”  IF A USER MAKES A REQUEST FOR, OR LATER USES, A PHOTOCOPY OR REPRODUCTION FOR PURPOSES IN EXCESS OF “FAIR USE,” THAT USER MAY BE LIABLE FOR COPYRIGHT INFRINGEMENT.

THIS INSTITUTION RESERVES THE RIGHT TO REFUSE TO ACCEPT A COPYING ORDER IF, IN ITS JUDGMENT, FULFILLMENT OF THE ORDER WOULD INVOLVE VIOLATION OF COPYRIGHT LAW.

(Approval date:  October 21, 2004)

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TELEPHONE SERVICES

The Board recognizes the need for staff/faculty to have available to them the use of personal electronic communications equipment, such as cell phones, pagers, etc. in certain circumstances.  However, the Board also recognizes the need to avoid disrupting the educational environment through the use of such electronic equipment during direct instruction of students.  Such electronic equipment shall not be used during class time except in emergency situations.  It is expected that, whenever it can be reasonably anticipated, these circumstances will be discussed with the individual’s supervisor prior to invoking the emergency exception.

District telephones are provided for official school use.  In order to permit staff members to make necessary personal calls with minimum loss of time, certain telephones may be used for personal calls.  Staff members making personal calls are responsible for and shall pay any long distance and/or toll charges.

Students are not to use the school office telephones, except in cases of emergency.  Use of pay telephones by students while classes are in session is subject to the approval of authorized school personnel.

Cellular telephones may be provided to certain staff members as approved by the Superintendent/designee.

The Board authorizes the Superintendent or his/her designee to develop administrative guidelines for the proper handling of use and charges.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3313.20
                               OAC    3301-35-06

CROSS REFS.:    JFCK, Use of Electronic Communications Equipment by Students
                                Staff Handbooks
                                Student Handbooks

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TELEPHONE SERVICES

The administration has established the following guidelines for the appropriate use of District-owned cellular telephones and other communication devices.  It also defines guidelines for reimbursement of personal cellular calls and services by the employees of the District.

Cellular telephone services may be provided to employees who, because of job-related activities, must have easy access to a telephone.  Annually, the Superintendent/designee develops a list of the positions that need cellular telephones.  Employees may apply for telephones through the Treasurer's office.  Once processed, the employee receives the telephone and guidelines for use.

Plans

The Treasurer/designee contracts with a company that best meets the needs of the District.  An employee wishing to have features other than those offered in the District's plan must have approval of the Treasurer/designee.

Damage, Loss or Theft

Cellular equipment that is damaged in the course of business should be brought to the Treasurer's office to be sent to the cellular plan administrator for repairs.  Lost or stolen cellular equipment must be immediately reported to the employee's supervisor and to the Treasurer's office so that service can be cancelled.  All costs incurred for replacement or repair are the responsibility of the District and/or the employee.

Usage Monitoring

The assistant superintendent/business manager/designee is responsible for:

    1.    educating employees regarding appropriate cellular telephone procedures and
           providing monitoring for their usage.  (In emergency situations, supervisors may
           grant exceptions to usage.  In such circumstances the employee must
           reimburse any charges incurred for personal use.);

    2.    instructing employees not to use District-owned cellular telephones while
           operating any vehicles;

    3.    explaining to employees their responsibility for lost, stolen or damaged
           telephones;

    4.    explaining to employees that telephones are to be used for District-related
           business and that the telephones may not be used to operate a personal
           business and

    5.    monitoring of monthly bills and employee reimbursements for personal use.

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Personal Calls

The District provides cellular telephones to employees for the purpose of conducting District business.  The use of District-owned cellular equipment to make or receive personal calls is discouraged, although it is understood that usage for personal reasons may be necessary in emergency situations.  All minutes and long distance, roaming or other charges incurred by the employee for personal calls are the responsibility of the employee.  It is the employee's responsibility to review his/her monthly bill, document personal calls and charges and reimburse the District.

Bill Payment Procedure

The Treasurer/designee receives and reviews the cellular bills on a monthly basis.  It is the Treasurer’s/designee’s responsibility to review the bill for employees’ personal usage and to enforce reimbursement to the District at the established rate of $_______ per minute.

(Approval date:  October 21, 2004)

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DATA AND RECORDS RETENTION

All recordsl are the property of the District and are not removed, destroyed, mutilated, transferred or otherwise damaged or disposed of, in whole or in part, except as provided by law or under the rules adopted by the District Records Commission (Commission).  Such records shall be delivered by outgoing officials and employees to their successors and shall not be otherwise removed, transferred or destroyed unlawfully.

The Commission is composed of the Board President, the Treasurer and the Superintendent and meets at least once every 12 months.

The functions of the Commission are to review applications for one-time records disposal and schedules of records retention and disposition submitted by any employee of the District.  Records may be disposed of by the District pursuant to the procedure outlined below.  The Commission may at any time review any schedule it has previously approved and may revise that schedule.

The Superintendent designates a “Records Officer” in each department/building who is responsible for all aspects of records retention, including electronic mail, within that department/building.

When District records have been approved for disposal, the Commission sends a list of such records to the Auditor of State.  If he/she disapproves the action by the Commission, in whole or in part, he/she so informs the Commission within a period of 60 days, and these records are not destroyed.  Before public records are disposed of, the Ohio Historical Society is informed and given the opportunity for a period of 60 days to select for its custody such public records as it considers to be of continuing historical value.2

Electronic Mail

Electronic mail sent or received by the Board and/or District employees may be considered a public record subject to public disclosure or inspection under Ohio’s Sunshine Law.  Upon sending or receiving electronic mail, all users shall segregate or store public electronic mail records.

All Board and District electronic mail communications are monitored in accordance with the attached regulation to ensure that all public electronic mail records are retained, archived and destroyed in compliance with State law.

District employees are subject to disciplinary action for violation of this policy and regulation.

[Adoption date:  October 21, 2004]

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LEGAL REFS.:    Family Educational Rights and Privacy Act; 20 USC 1232g et seq.
                              ORC    9.01
                                          149.35; 149.41; 149.43
                                          3313.29
                                          3319.321
                                          3701.028
                                          3729.46
                             Auditor of State Form RC-2

CROSS REFS.:    DI, Fiscal Accounting and Reporting
                                GBL, Personnel Records
                                JO, Student Records
                                KBA, Public’s Right to Know

1 Records include documents, devices or items, regardless of physical form or characteristic, created or received by or coming under the jurisdiction of the District which serves to document the organization, functions, policies, decisions, procedures, operations or other activities of the District. ORC Section149.011

2The Historical Society may not review or select for its custody the records set forth in ORC Section 149.41(A) and (B).

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DATA AND RECORDS RETENTION
(Electronic Mail)

The Ohio Electronic Records Committee has established the following guidelines for managing electronic mail (e-mail). 

Retention or disposition of e-mail messages must be related to the information they contain or the purpose they serve.  The content, transactional information and any attachments associated with the message are considered a record (if they meet State law criteria).  Because the content of e-mail messages may vary considerably, the content must be evaluated to determine the length of time messages must be retained.

There are two categories of e-mail retention: non-record messages and official record messages.

Non-Record Messages

E-mail messages that do not meet the criteria of the Ohio Revised Code definition of a record may be deleted at any time, unless they become part of some official record as a result of special circumstances.  These items may be immediately deleted, or maintained in a "Non-Record" mail box and deleted later, just as you might trash the unwanted publications or promotional flyers. 
Types of messages may include:

    1.    Personal Correspondence:  Any e-mail not received or created in the course of
           state business may be deleted immediately, since it is not an official record. 
           Examples include, but are not limited to, the "Let's do lunch" (not a business
           lunch) or "Can I catch a ride home" type of note.

    2.    Non-State Publications:  Publications, promotional material from vendors and
           similar materials that are "publicly available" to anyone are not official records.
           In the electronic world, this includes list serve messages (other than those you
           post in your official capacity), unsolicited promotional material ("spam"), files
           copied or downloaded from Internet sites, etc.

Official Record Messages

E-mail messages that meet the definition of a record in the ORC are official records and must be scheduled, retained and disposed of as such. These official records fall into the following categories:

    1.    Transient Messages:  This type of e-mail has a very limited administrative
            value. Transient messages do not set policy, establish guidelines or
            procedures, certify a transaction or become a receipt.  The informal tone of
            transient messages might be compared to a communication that might take
            place during a telephone conversation in an office hallway.

            Transient Documents:  Include telephone messages, drafts and other limited
            documents which serve to convey information of temporary importance in lieu
            of oral communication.

            Retention:  Until no longer of administrative value, then destroy.

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    2.    Intermediate Messages:  E-mail messages that have more significant
           administrative, legal and/or fiscal value but are not scheduled as transient or
           permanent should be categorized under other appropriate record series. These
           may include (but are not limited to):

           A.    General Correspondence:  Includes internal correspondence (e.g., letters,
                   memos); also, correspondence from various individuals, companies and
                   organizations requesting information pertaining to agency and legal
                   interpretations and other miscellaneous inquiries. This correspondence is
                   informative (it does not attempt to influence District policy).

                   Retention:  1 year, then destroy

           B.    Routine Correspondence:  Referral letters, requests for routine information
                  or publications provided to the public by the District which are answered by
                  standard form letters.

                   Retention:  6 months, then destroy

           C.    Monthly and Weekly Reports:  Document status of ongoing projects and
                   issues; advise supervisors of various events and issues.

                   Retention: 1 year, then destroy

           D.    Minutes of Agency Staff Meetings:  Minutes and supporting records
                   documenting internal policy decisions.

                   Retention:    2 years, then transfer to State Archives for their possible
                   retention or destruction

    3.    Permanent Messages:  E-mail messages that have significant administrative,
           legal and/or fiscal value and are scheduled as permanent also should be
           categorized under the appropriate record series. These may include, but are
           not limited to:

           A.    Executive Correspondence:  Correspondence dealing with significant
                   aspects of the administration of executive offices.  Correspondence
                   includes information concerning policies, program, fiscal and personnel
                   matters.

                   Retention:  2 years, then transfer to State Archives

           B.    Departmental Policies and Procedures:  Includes published reports,
                   unpublished substantive reports and policy studies.

                   Retention:    Retain until superseded, obsolete or replaced, then transfer to
                   State Archives for their possible retention and destruction

(Approval date:  October 21, 2004)

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INSURANCE MANAGEMENT

The Board has the responsibility to maintain an adequate and comprehensive insurance program covering its buildings and grounds, fleet of school buses and individuals discharging responsibilities for the District.

The assistant for business affairs/business manager administers the total insurance program.

The District makes efforts to obtain insurance at the most economical cost, consistent with required coverage and service, through obtaining quotations or bids.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    9.83
                                            9.90
                                            3313.201; 3313.202; 3313.203
                                            3327.09
                                            3917.01; 3917.04

CROSS REFS.:    GCBC, Certificated Staff Fringe Benefits
                                GDBC, Classified Staff Fringe Benefits


CONTRACT REFS.:    Teachers’ Negotiated Agreement
                                       Classified Staff Negotiated Agreement


 

Last Updated ( Tuesday, 17 March 2009 13:46 )  

The mission of the Miamisburg City School District is to unite the school community in nurturing success through:
•a sense of belonging
•a meaningful and applicable, quality education
•a commitment to lifelong learning
•an attitude of respect and tolerance towards diversit
y

...all within a positive learning environment.