8000

 SUPPORT SERVICES GOALS

Support services, which include safety and maintenance programs, transportation, food services, insurance management and office services, are essential to the successful functioning of the school district. Education is the district's central function, and all support services shall be provided, guided, and evaluated by this function.

In order to provide services that are truly supportive of the educational program, the Board of Education establishes these goals:

• providing a physical environment for teaching and learning that is safe and pleasant for students, staff, and the public;
• providing safe transportation and nutritious meals for students who use these services; and
• providing timely, accurate, and efficient support services that meet district needs and promote district goals.

1 st Reading 10/22/02

2 nd Reading & Adoption 11/26/02

 SAFETY PROGRAM

The Board of Education recognizes that the safety of students, employees and the public is paramount in all school operations. All students, employees and the public are to comply with all safety laws or ordinances. Unsafe conditions observed by an employee are to be promptly reported to the administration and will be corrected immediately. All employees are responsible for safety and are to file safety and health hazard reports with the district's Assistant Superintendent for Business whenever hazards on the job are encountered.

Cross-ref : 5450, Student Safety

1 st Reading 10/22/02

2 nd Reading & Adoption 11/26/02

 SCHOOL BUILDING SAFETY

 The Board of Education recognizes that a safe, secure and healthy school environment is necessary to promote effective learning. The Board is committed to ensuring that all school buildings are properly maintained and preserved and provide a suitable educational setting.

Consistent with the requirements of state law and regulations, the Board will:

1. appoint a Health and Safety Committee composed of representation from district administration, school staff, bargaining units and parents which shall perform the functions listed in Policy 8112, Health and Safety Committee;

2. review and approve all annual building inspections and building condition surveys;

3. take immediate action to remedy serious conditions in school buildings affecting health and safety and report such conditions to the Commissioner of Education; and

4. annually review the school facility report card for each building and report in a public meeting on the status of each item contained in the report card. The report card must provide information on a building’s age, size, enrollment, useful life, safety rating, visual inspection and building condition survey results and other items prescribed by the Commissioner.

The Superintendent of Schools will develop procedures for investigating and resolving complaints related to the health and safety issues in the district’s buildings consistent with requirements of state law and regulations.

Cross-Ref.: 6100, Annual Budget

7100, Facilities Planning

7365, Construction Safety

8112, Health and Safety Committee

8220, Buildings and Grounds Maintenance and Inspection

 Ref.: Education Law §§409-d (ComprehensivePublicSchoolBuilding Safety Program); 409-e (Uniform Code of Public School Buildings Inspection, Safety Rating and Monitoring)

8 NYCRR Part 155 (Educational Facilities)

9 NYCRR Parts 600-1250 (Uniform Fire Prevention and Building Code)

 1 st Reading November 26, 2002

2 nd Reading & Adoption 12/17/02

 REPORTING OF HAZARDS

 The Board of Education recognizes its responsibility to provide an environment which is reasonably secure from known hazards. The Board therefore directs the Superintendent of Schools and all professional and support staff members to comply with occupational safety and health regulations, including the Hazard Communication Standard and “Right to Know” legislation.

The Superintendent will direct appropriate personnel to develop and oversee a written hazard communication program. Such program will include the following:

• the acquisition, maintenance and review of Material Safety Data Sheets (MSDS’s) for all known hazardous materials on district property;
• the compilation of a hazardous materials inventory;
• employee training in hazardous materials management and protection; and
• the recording of all incidents involving exposure to known hazardous materials. Records of employees who have been exposed to substances with enforceable exposure standards shall be kept for forty years.

The district will comply with the requirements for the visual notification of pesticide spraying as set forth in the Environmental Conservation Law.

It is the responsibility of the entire school community to report any unsafe building or equipment conditions to the main office as soon as possible. In addition, designated administrators will provide notice of hazardous materials to current and former employees within 72 hours of a request.

If students observe other students acting in an unsafe manner, this behavior should be reported to the nearest available staff member.

 Cross-ref: 1120, School District Records

7700, Facilities Renovations

8115, Pesticides and Pest Management

8120, Accident Prevention and Safety Procedures

 Ref: 29 CFR §1910.1200 and 12 NYCRR Part 800 (Hazard Communication Standard)

40 CFR §763.95

Public Health Law, Article 48 and Labor Law, Article 28 (“Right‑to‑Know” Law)

Environmental Conservation Law §33‑0101

State v. GTE Valeron Corp, 155 AD2d 166 (1990)

12 NYCRR §801.3

 1 st Reading 4/29/03

2 nd Reading & Adoption 5/27/03

 HEALTH AND SAFETY COMMITTEE

The Board of Education recognizes the importance of the participation of district staff and parents in promoting a safe, secure and healthy school environment. In accordance with Commissioner’s regulations, the President of the Board will appoint a Health and Safety Committee composed of representation from district officials, staff, bargaining units, parents, and a member of the Board of Education.

The committee will participate in monitoring the condition of occupied school buildings to assure that they are safe and maintained in a state of good repair. The Superintendent of Schools will ensure that the committee is appropriately involved in all of the activities required by the Commissioner’s regulations. Specifically, the committee will:

1. Participate in the investigation and disposition of health and safety complaints.

2. Ensure that at least one member of the committee participates in the annual visual inspection.

3. Consult with district officials in completing safety ratings of all occupied school buildings.

4. Monitor safety during school construction projects including periodic meetings to review issues and address complaints related to health and safety resulting from the project.

5. Upon completion of a construction project, conduct a walk-through inspection to ensure the area is ready to be reopened for use.

 Expanded Health and Safety Committee

During construction projects, the Health and Safety Committee will be expanded to include the architect, construction manager and contractor. This expanded committee will:

1. Participate in the investigation and disposition of health and safety complaints regarding the construction or maintenance project.

2. Meet periodically to review issues and address complaints regarding health and safety arising from construction.

3. Monitor safety during construction projects.

4. After the work is completed, conduct a walk-through inspection to confirm that the area is ready to be reopened for use.

Cross-Ref.: 7365, Construction Safety

8110, SchoolBuilding Safety

8220, Buildings and Grounds Maintenance and inspection

 Ref.: 8 NYCRR Part 155 (Educational Facilities)

 1 st Reading 10/28/03

2 nd Reading & Adoption 11/25/03

 PESTICIDES AND PEST MANAGEMENT

 The Board of Education is committed to maintaining the integrity of school buildings and grounds while protecting the health and safety of students and staff and maintaining a productive learning environment.

The Board recognizes that pests can pose a significant risk to health and property and there may be significant risks inherent in using chemical pesticides in the school environment. Provisions will be made for a least toxic approach to integrated pest management (IPM) for all school buildings and grounds in accordance with the Commissioner’s regulations. Integrated pest management is a systematic approach to managing pests focusing on long-term prevention or suppression with minimal impact on human health, the environment and non-targeted organisms.

 Notification of Pesticide Application

All district staff and parents/guardians will be notified of pesticide applications performed at any school facility. A notice will be included in the Parent Handbook which is distributed annually, and will include:

1. Notification of periodic pesticide applications throughout school year.

2. The availability of 48-hour prior written notification of pesticide applications to parents and staff who request such notice.

3. Instructions on how to register with the school to receive this prior written notification.

4. The name and number of the school representative who can provide further information.

A separate notice will be sent to staff and parents within two days of the end of winter and spring recess and within 10 days of the end of the school year which includes the date, location and product used for each pesticide application which required prior notification and each emergency application.

The Superintendent of Schools shall ensure the dissemination of this policy and conduct any training necessary to ensure that all staff are fully informed about pesticides and pest management.

Cross-ref : 8110, School Building Safety

8220, Building and Grounds Maintenance and Inspection

Ref : Environmental Conservation Law, Art.33 (Pesticides)

Education Law §409-h (Requirements for Notification of Pesticide Applications)

6 NYCRR Part 325 (Application of Pesticides)

8 NYCRR 155.4 (Uniform Code of Public School Building Inspections, Safety Rating and Monitoring)

Desmond Americana v. Jorling, 153 AD2d 4 (3rd Dept. 1989 )

IPM Workbook for New York State Schools, Cornell Cooperative Extension Community IPM Program with support from New York State Dept. of Environmental Conservation, August 1998

 1 st Reading November 26, 2002

2 nd Reading & Adoption 12/17/02

 HYGIENE PRECAUTIONS AND PROCEDURES

 The Board of Education, in order to promote and ensure the health and safety of all students and staff, adopts the following policy on hygiene and sanitary procedures for dealing with exposure to and contact with blood and other body fluids.

To prevent and/or minimize the transmission of contagious or communicable diseases or infections within the school community, all employees of the school district shall utilize appropriate precautions when providing first aid or otherwise dealing with situations that involve exposure to blood and other body fluids. Such precautionary measures will be followed uniformly in all instances and shall be applicable in all buildings and facilities throughout the school district.

The Superintendent of Schools is responsible for developing appropriate procedures to implement this policy and for informing all staff of such procedures and ensuring compliance with them. The failure by any employee to utilize such procedures may form the basis for disciplinary action.

 Cross-ref: 5191, Students with HIV-Related Illness

5420, Student Health Services

8540, Sanitation and Safety

 Ref: NationalSchool Lunch Agreement

State Sanitary Code, Chapter 1, Part 14 ("Service Food Establishments")

1 st Reading 11/26/02

2 nd Reading & Adoption 12/17/02

 SCHOOL SAFETY PLANS AND TEAMS

Emergencies and violent incidents in schools are critical issues that must be addressed in an expeditious and effective manner. The Board of Education recognizes its responsibility to adopt and amend a comprehensive district wide school safety plan and building-level emergency response plan(s) regarding crisis intervention, emergency response and management.

Taken together, the district and building plans shall provide a comprehensive approach to addressing school safety and violence prevention, and provide the structure where all individuals can fully understand their roles and responsibilities for promoting the safety of the entire school community. The plans shall be designed to prevent or minimize the effects of serious violent incidents and emergencies and to facilitate the district’s coordination with local and county resources. The plans shall also address risk reduction/prevention, response and recovery with respect to a variety of emergencies and violent incidents in district schools.

In accordance with state law and regulation, the district shall have the following school safety teams and plans to deal with crisis intervention and emergency response and management:

Comprehensive district-wide school safety team and plan

The Board will appoint a district-wide school safety team that includes, but is not be limited to, a representative from the Board, student, teacher, administrator, and parent organizations, school safety personnel and other school personnel. This team shall be responsible for the development and review of a comprehensive district-wide school safety plan. The plan shall cover all district school buildings and shall address crisis intervention, emergency response and management at the district level. It shall include all those elements required by law and regulation.

A copy of the plan shall be available in the district offices for inspection by the public.

Building-level emergency response teams and plans

Each Building Principal shall be responsible for appointing a school safety team that includes representation from teachers, administrators, parent organizations, school safety personnel, other school personnel, local law enforcement officials, local ambulance and other emergency response agencies. The school safety team shall be responsible for the development and review of a building-level emergency response plan for each district building. The plan(s) shall address communication, emergency response, and evacuation at the building level and shall include all procedures required by law and regulation.

Within each building, the school safety team shall designate:

• an emergency response team that includes appropriate school personnel, local law enforcement officials and representatives from local, regional and/or state emergency response agencies to assist the school community in responding to a serious violent incident or emergency; and

• a post-incident response team that includes appropriate school personnel, medical personnel, mental health counselors and other related personnel to assist the community in coping with the aftermath of a serious violent incident or emergency.

The Building Principal shall be responsible for conducting at least one test every school year of the emergency response procedures under this plan including procedures for sheltering and early dismissal.

To maintain security and in accordance with law, the building-level emergency response plan(s) shall be confidential and shall not be subject to disclosure under the Freedom of Information Law or any other law.

Team Appointments

The members of all district and building-level teams shall be appointed on an annual basis. In appointing team members, the Board and the Building Principal will make an effort to include other persons beyond those groups identified in law and policy who can contribute to ensuring continuity among the plans.  

Annual Review and Report

Each plan shall be reviewed by the appropriate school safety team by July 1 st every year and updated as needed. The Superintendent will submit an annual report to the Board stating that the plans (District and Building) have been reviewed and set forth any recommendations for revisions, if any, to the plan. In conducting the review, the Superintendent or designee shall consider any changes in personnel, local conditions and other factors including an evaluation of the results of the annual test of the emergency response procedures that may necessitate updating of plans.

The Superintendent of Schools shall be responsible for filing the district-level school safety plan and any amendments to the plan with the Commissioner in accordance with Commissioner’s Regulations. Each Building Principal shall be responsible for filing the building-level safety plan for his or her building and any amendments to the plan with the appropriate local law enforcement agency and the state police within 30 days after their adoption.

Cross-Ref : 5300, Code of Conduct

8121, Accident Prevention and Safety Procedures

8133, Bomb Threats

8134, Emergency Closings

Ref : Education Law §2801-a (school safety plans)

Executive Law §2B (state and local natural and manmade disaster preparedness)

8 NYCRR Part 155 (Educational Facilities)

Project SAVEGuidance Document for School Safety Plans, New York State Education Department, April 2001  

1 st Reading 10/28/03

2 nd Reading & Adoption 11/25/03

 BOMB THREATS

The Board of Education recognizes that the potential harm caused by a bomb threat is not limited to serious personal injury and property damage. A bomb threat can also create an atmosphere of anxiety and panic, which, in turn, can result in the disruption of normal activities and the educational process. The Board further recognizes the district’s responsibility to ensure the safety of students, staff and other building occupants whenever a bomb threat is received by being properly prepared with an identified course of action to respond to the threat.

A bomb threat is a criminal act and will be treated as one. Any bomb threat to the district will be taken seriously; no bomb threat will be treated as a hoax or a prank. The district will vigorously pursue disciplinary action against any student or staff member caught reporting a bomb threat consistent with the provisions of the student code of conduct, state law or any applicable collective bargaining agreement. In addition, the district will urge law enforcement officials to prosecute any person caught reporting a bomb threat to the fullest extent of the law. Further, the district may seek restitution from the parent or guardian of any minor child between the ages of 10 and 18 who falsely reports a bomb threat or places a bomb, for the expense of responding to the false report or incident.

The Superintendent of Schools shall establish procedures to be followed by all staff and students in the event of a bomb threat. The procedures shall be made a part of each school’s emergency management plan. The procedures shall include a requirement that any person receiving information about a bomb threat must immediately notify the building administrator or his/her designee who will, in turn, immediately notify the appropriate law enforcement and initiate the planned actions to move all occupants out of harm’s way. All appropriate staff shall be given a copy of the procedures, and the Superintendent shall ensure that all staff receive training on their respective roles and responsibilities in the event of a bomb threat.

The Superintendent must inform members of the Board and the parents/guardians of district students as soon as possible after any incident that activates the school emergency management plan, along with actions taken to protect students, staff and property. The Superintendent is also responsible for notifying the State Education Department and the District Superintendent of each bomb threat incident in accordance with requirements established by the State Education Department.

Cross-ref : 5450, Student Safety

8130, Emergency Plans

8134, Emergency Closings

8135, Safe Schools

Ref : Education Law §807 (Fire Drills)

General Obligations Law §3-112 (Liability of parents and legal guardians for certain damages; liability is limited to $5,000)

Penal Law §§240.55; 240.55; 240.60 (Falsely reporting an incident in the third, second and first degree, respectively); 240.61; 240;62 (Placing a false bomb in the second and first degree, respectively)

8 NYCRR §155.17 (School Emergency Management Plans)

Revised Bomb Threat Response Guideline , New York State Education Department and New York State Police, February 1999.  

1 st Reading 10/28/03

2 nd Reading & Adoption 11/25/03

 EMERGENCY CLOSINGS

The Superintendent of Schools may close the schools or dismiss students/staff early when hazardous weather or other emergencies threaten the health or safety of students and personnel. The Superintendent may delegate this authority to another staff member in the event of his/her absence. Such action is never to be taken lightly, for public education is one of the principal functions of the community and should be maintained at a normal level except in extreme circumstances.

Schools will not be closed merely to avoid inconvenience. While it may be prudent, under certain circumstances, to excuse all students from attending school, to delay the opening hour, or to dismiss students early, the Superintendent has the responsibility to ensure that administrative, supervisory, and operational activity is continued to the extent possible.

The Superintendent will notify the Assistant Superintendent for Business, the bus company, all applicable radio and T.V. stations, one Building Principal, who will call the other Building Principals. Each Building Principal will notify the PTA President, and will start the staff notification system. The PTA President will notify parents through the prearranged telephone system. If an early dismissal is warranted and a parent cannot be reached, the individual(s) listed on the current emergency contact card submitted by the parent will be notified. School closing and delayed starting times will be announced over local radio stations. If no report is heard, it can be assumed the schools are in session, and are opening on time.

Students, parents, and staff will be informed early in each school year of the procedures that will be used to notify them in case of emergency closing.

Ref: Education Law §3604(7)

 1 st Reading 10/22/02

2 nd Reading & Adoption 11/26/02

 ACCESS TO BUILDINGS

 The following school officials shall have keys to the school buildings:

Superintendent of Schools

Superintendent's Secretary

President of the Board of Education

Assistant Superintendent(s)

Director of Special Services

Elementary Principal

Director of Buildings and Grounds

Maintenance Foreman

Lead Custodian

District Clerk

Only the above officials may gain access to school buildings after school hours, and then only for the purpose of conducting school-related business.

1 st Reading 10/28/03

2 nd Reading & Adoption 11/25/03

 VANDALISM

The Board of Education believes that students and faculty should respect property and take pride in the schools of the district, and that vandalism against school property is a reprehensible act. Any incidents of vandalism or theft of district property and the names of the person(s) believed to be responsible shall be reported to the Superintendent of Schools. The Superintendent shall take steps to:

1. identify the people responsible;
2. call together such persons, including the parents, needed to determine the causes of such vandalism;
3. assess the cost against the parent or guardian and decide upon legal and or disciplinary action against the student(s) *; and
4. take any constructive actions needed to prevent further vandalism.

All incidents of theft or vandalism will be reported to the Nassau County Police Department. The District will press charges against any individuals arrested in connection with these crimes.

Cross-ref: 5300, Code of Conduct

Ref: Family Court Act §§757; 758-a
General Obligations Law §3-112
Education Law §§1604(35), (38); 1709(36),(38); 2509-g(15)
General Municipal Law §789

*State law now permits parental liability for up to five thousand dollars ($5,000)
**State law now permits monetary rewards for up to one thousand dollars ($1,000)

1st Reading October 22, 2002
2nd Reading & Adoption November 26, 2002

1st Reading January 22, 2008
2nd Reading and Re-adoption February 26, 2008

BUILDINGS AND GROUNDS MAINTENANCE AND INSPECTION

 To accommodate the district’s educational program, the Board of Education is committed to providing suitable and adequate facilities. To this end, proper maintenance and inspection procedures are essential. The Board directs the Superintendent of Schools to ensure that proper maintenance and inspection procedures are developed for every school building.

Consistent with federal and state law and regulations, the following items will be included in the district’s buildings and grounds maintenance and inspection procedures:

Comprehensive Maintenance Plan

A comprehensive maintenance plan for all major building systems will be instituted to ensure the building is maintained in a state of good repair. Such plan will include provisions for a least toxic approach to integrated pest management and establish maintenance procedures and guidelines that will contribute to acceptable indoor air quality. The plan shall be available for public inspection.

Procedures will also be established to ensure the safety of building occupants during maintenance activities including standards for exiting and ventilation, asbestos and lead protocols, noise abatement and control of chemical fumes, gases and other contaminants.

Building Condition Surveys

Each occupied district building will be assessed every five years by a building condition survey. This survey will be conducted by a team that includes at least one licensed architect or engineer and will include a list of all program spaces and inspection of building system components for evidence of movement, deterioration, structural failure, probable useful life, need for repair and maintenance and need for replacement. Building condition survey reports will be submitted to the Commissioner by January 15, 2001 and January 15th of every fifth year thereafter.

Annual Visual Inspections

A visual inspection of building system components in each occupied district building will take place annually except for years in which a Building Condition Survey is performed. The inspection will be conducted by a team including a local code enforcement official, the Facilities Director or his/her designee and a member of the Health and Safety Committee. The inspection will be completed by November 15th of each year and will be made available to the public.

A corrective action plan will be developed by a licensed architect or engineer if a deficiency exists in the building.

Fire Safety Inspections

An annual inspection for fire and safety hazards will be conducted in accordance with a schedule established by the Commissioner of Education. The inspection will be conducted by a qualified fire inspector and the report will be kept in the district office. Any violation of the State Uniform Fire Prevention and Building Code shall be corrected immediately or within a time frame approved by the Commissioner.

Safety Rating System

A safety rating keyed to the structural integrity and overall safety of each occupied school building will be provided on an annual basis in consultation with the Assistant Superintendent for Business, architect, and Director of Buildings & Grounds. Safety ratings will be based on the safety rating system developed by the Commissioner and will comply with all statutory and regulatory requirements.

Building Principals shall, on an on-going basis, undertake their own inspections of school buildings and grounds, searching for any dangerous or hazardous conditions and take immediate steps to remedy the problem.

Cross-Ref. : 6200, Annual Budget

7100, Facilities Planning

7365, Construction Safety

8110, School Building Safety

8112, Health and Safety Committee

8115, Pesticides and Pest Management

Ref : 29 CFR §1910 et seq (OSHA Hazard Communication)

40 CFR Part 763 (Asbestos Hazard Emergency Response Act)

Education Law §§409-d ( Comprehensive Public School Safety Program); 409-e (Uniform Code of Public School Buildings Inspections, Safety Rating and Monitoring); 807-a(Fire Inspections)

Labor Law §§875-883(toxic substances)

Public Health Law §§4800-4808 (Right to Know, toxic substances)

Environmental Conservation Law §33-0725 (Pesticides)

6 NYCRR Part 325 (Pesticides)

8 NYCRR §155.1(Educational Facilities); 155.4 (Uniform Code of Public School Buildings Inspection, Safety Rating and Monitoring); 155.8 (Fire and Building Safety Inspections)

9 NYCRR Parts 600-1250 (Uniform Fire Prevention & Building Code)

12 NYCRR Part 56 (Industrial Code Rule concerning asbestos)

Appeal of Anibaldi, 33 EDR 166 (1993) (district required to monitor student’s physical symptoms when air quality caused health problems)

Guidelines for the Evaluation and Control of Lead-Based point Hazards in Housing , U.S. Department of Housing and Urban Development, Washington D.C. , June 1995)

IPM Workbook for New York State Schools, Cornell Cooperative Extension Community IPM Program with support from New York State Dept. Of Environmental Conservation, August 1998

 1 st Reading 11/26/02

2 nd Reading &Adoption 12/17/02

STUDENT TRANSPORTATION

    The Board of Education affirms its goal of providing a safe and economical transportation system for district students.  Transportation shall be provided at district expense to those students who are eligible as authorized by the Board.  Transportation in the district is divided into two categories: Regular and Special, described below.

            The Superintendent of Schools shall be responsible for administering the transportation program.  The program shall comply with all applicable laws, regulations and policies established by federal, state and local authorities.

Regular Transportation

Regular transportation refers to the bus service provided by means of the conventional school buses.  Transportation will be provided for all children in grades K – 3 who live one-half mile or more from the school they attend and for all children in grades 4 - 6 who live one mile or more from the school they attend.  Distance shall be measured from the point on the sidewalk at the property line of the student’s home nearest the school to the nearest entrance to the school building by the shortest route over public streets.  There are no exceptions to this distance rule.  If a parent questions the measurement, it will be checked by the Assistant Superintendent for Business upon request from the Building Principal.

Transfers from one school to another within the district, which are subject to approval or denial on a yearly basis, qualify a child for transportation provided the child meets the requirement for regular transportation.

Special Transportation

Special transportation is subdivided into two  categories: transportation for students with disabilities and transportation for children attending nonpublic schools (private and parochial), which are located some distance from the district and which accommodate a relatively small group of children.

Children who attend nonpublic schools and who desire transportation must submit an application requesting this service by April 1st.  The same distance basis as for Regular Transportation qualifies the applicant, except that the distance transported shall not exceed fifteen miles.

All requests for transportation to private or parochial schools outside of the district must be received by April 1 of the preceding school year.  Families moving into the district after April 1 are given 30 days after moving into the district to submit such a request.

Ref:     Education Law §§305(14); 1501-b; 1807; 3602(7); 3623; 3635 et seq.
            Matter of Handicapped Child, 24 EDR 41 (1984)
            Matter of Zakrezewski, 22 EDR 381 (1983)
            Matter of Nowak, 22 EDR 91 (1982)
            Matter of Fox, 19 EDR 439 (1980)
            Refer to Policy 5110

1st Reading October 25, 2005
2nd Reading and Re-adoption  November 22, 2005

8414.6

BUS IDLING POLICY

Public health, a clean environment and conservation of resources are primary concerns of the Valley Stream UFSD Thirteen Board of Education. The Board recognizes that diesel exhaust from idling school buses poses a substantial health risk to children, drivers and the community at large. The Board further recognizes that idling buses waste fuel and financial resources. The Board is committed to transporting students in a manner that is safe and sensitive to the health and environmental effects of diesel exhaust. In furtherance of these concerns, the Board resolves to limit the idling time for school buses in its employ.

(a)        Purpose          The purpose of this policy is to reduce student, driver and community exposure to diesel exhaust particulate matter, and to reduce fuel costs related to waste of diesel fuel by limiting unnecessary idling of school buses pursuant to 6 NYCRR Section 217-3.3.

(b)        Applicability  This policy applies to district-owned school buses and contracted school buses while being operated for the purpose of transporting the school district's students at public expense.

(c)        Idling Control Measure       

1.      A diesel or non-diesel fueled school bus must not be allowed to idle for more than 5 minutes when loading or discharging students, or waiting to load or discharge students at any destination, including field trips and sports events. The following exceptions, limited to health, safety, and maintenance reasons, shall apply and idling is permissible:

(a)  if necessary to comply with state and federal regulations

(b) as necessary to build air pressure to the level required to operate the vehicle

(c) in order to maintain or repair the vehicle

(d) if necessary to operate an auxiliary loading or unloading device or if discharging passengers has taken so long that there is a risk of draining the battery of sufficient power to operate safety measures or to restart the bus

(e)  in order to maintain an interior temperature of 50 degrees Fahrenheit when the   outside temperature is less than 50 degrees or to maintain an interior temperature of 70 degrees Fahrenheit when the temperature outside is more than 80 degrees

(f) if necessary to accommodate a student with a disability

2.  Idling for the purposes of warming up the engine must be kept to the length of time recommended by the manufacturer (usually 3-5 minutes).

3.  If the school Bus is transporting students into New York City, the driver must comply with the New York City regulations that limit idling to three minutes. 

References:
Environmental Conservation Law §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303,
19-0305, 19-0320, 71-2103, 71-2105Vehicle and Traffic Law §§ 301[c], 375.28,  6 NYCRR Subpart 217-3 

1^st Reading March 28, 2006
2^nd Reading & Adoption April 25, 2006

 ALCOHOL AND DRUG TESTING OF BUS DRIVERS

The Board of Education recognizes the dangers inherent in alcohol and controlled substance use by employees especially those in safety-sensitive positions. To ensure the safety of its students and to comply with federal regulations, the Board requires alcohol and controlled substance testing of school bus drivers and other covered employees.

The district shall directly, by contract, or through a consortium, implement and conduct a program to provide alcohol and controlled substance testing of employees who operate a commercial motor vehicle, perform in a safety-sensitive position, and are required to hold a commercial driver’s license. Such employees include:

• drivers of buses designed to transport 16 or more passengers, including the driver;
• drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or
• any other employee who may drive a listed vehicle (e.g. a mechanic who performs test drives).

Controlled substance and alcohol tests* will be conducted at the time of employment and randomly throughout the school year. In addition, testing will be conducted when a supervisor has a reasonable suspicion that an employee has engaged in prohibited alcohol or controlled substance use; after certain accidents; prior to return to duty when the employee has been found to violate district policy and federal regulations; and after the employee’s return to duty.

In accordance with federal and state law, a bus driver will not be permitted to drive if he or she:

• possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;
• uses or is under the influence of alcohol or a controlled substance within six hours or less before duty;
• has an alcohol concentration of 0.02 or higher, or tests positive for a controlled substance; or
• refuses to take a required alcohol or controlled substance test.

Also, no driver shall use alcohol after being involved in an accident in which there was a fatality or in which the bus driver was cited for a moving violation and a vehicle was towed from the scene or an injury was treated away from the scene until he/she has been tested or 8 hours have passed, whichever occurs first.

Any employee who is tested and found to have an alcohol concentration of at least 0.02, but less than 0.04, shall be removed from the position until his or her next regularly scheduled duty period, but not less than 24 hours following administration of the test. Any employee found to have violated this requirement may be disciplined in accordance with the provisions of the applicable collective bargaining agreement, district policy, and/or law.

If a driver has an alcohol concentration of 0.04 or greater, or has engaged in prohibited alcohol or controlled substance use, he or she will be removed from driving duties, and referred to a substance abuse professional. The employee may be required to complete a treatment program and/or be disciplined pursuant to district policy and/or collective bargaining agreement. No driver who has abused controlled substances and/or alcohol may return to duty unless he/she has successfully passed a required return to duty test. Thereafter, the driver will be subject to follow-up testing.

The Superintendent of Schools shall ensure that a copy of this policy, the district’s policy on misuse of alcohol and use of controlled substances, information on alcohol and drug abuse and treatment resources and any other information prescribed by federal regulations is provided to all school bus drivers and other appropriate personnel prior to the initiation of the testing program and to each driver subsequently hired or transferred to a position subject to testing.  

-------------------------------------------------

*The district has the option to require pre-employment alcohol testing as part of district policy. However, pre-employment controlled substance testing and random alcohol and controlled substance tests are mandatory under federal regulations.

Cross-ref: 8414.1, Bus Driver Qualifications and Training

9320, Drug-Free Workplace

9610, Staff Substance Abuse  

Ref: Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §§31136; 31306

49 U.S.C. §521(b)

49 CFR Part 382

49 CFR Part 40

49 CFR §395.20

Vehicle and Traffic Law, §§509-1; 1192; 1193

1 st Reading 10/28/03

2 nd Reading & Adoption 11/25/03

 FOOD SERVICE MANAGEMENT

The Board of Education recognizes that school cafeterias are a part of the total school program. The Board shall therefore contract with a company to provide food services. The Contractor will be responsible for all phases of the program as required in the contract.

The school lunch program is designed to promote sound nutritional practices and provide educational training in food selection. School lunch menus shall adhere to state and federal guidelines approved by the Board. Provisions shall be made for students who forget their lunch money. A Nutrition Advisory Committee consisting of the Assistant Superintendent for Business, the school food service director and parent representatives from each school, shall be established and meet on a regular basis to monitor and review the operation of the School Lunch Program.

Free and Reduced Price Food Services

The Board recognizes that the nutrition of district students is an important factor in their educational progress. The Board therefore shall participate in federally funded school lunch programs, and shall provide free or reduced price food services to qualified district students.

Free and reduced price food services for students are determined on the basis of need by recommendation of the Building Principal and school nurse. All such requests must be submitted in writing. Upon written request, the Assistant Superintendent for Business will hear appeals of determinations regarding such services in compliance with federal regulations governing the National School Lunch Program.

All reasonable effort will be extended in protecting the anonymity of the student in accordance with federal regulations governing such programs.

 Ref: Education Law §305(14)(a)

NationalSchool Lunch Act of 1946, as amended (42 U.S.C. 1751-1760)

Child Nutrition Act of 1966, Public Law 89-642, 80 Stat. 885, as amended

 1 st Reading 4/29/03

2 nd Reading & Adoption 5/27/03

 INSURANCE

The Board of Education shall make every effort to maintain a student accident insurance policy which covers school-related accidents. This student accident insurance shall be secondary accident insurance covering medical expenses. All actions involving the purchase of insurance shall be subject to Board approval.

The Superintendent of Schools shall have general knowledge of the provisions of all insurance policies carried by the district. At time of accident or loss, he/she shall see that action is taken necessary to protect the interests of the school district. In order to protect the interest of the school district, the District comply with all applicable insurance policy provisions regarding notice and/or proof of loss.

The Superintendent shall annually review the insurance program for the purpose of recommending to the Board adjustments in coverage resulting from, but not limited to, expansion of the district's risks, relevant new laws, and superseding conditions which make changes in coverage appropriate.

Ref: Education Law §§1709(8)(8-a)(8-b); 3023; 3028; 3811

General Municipal Law §§6-n; 50-c and 50-e

Lynd v. Heffernan, 286 AD 597 (3d Dept. 1955)

Surdell v. City of Oswego, 91 Misc.2d 1041 (1977)

1 st Reading November 26, 2002

2 nd Reading & Adoption 12/17/02