NEPN/NSBA Code:  AB

THE PEOPLE AND THEIR SCHOOL UNIT

The public schools belong to the people.  The people exercise their proprietorship through the elective process at the national, state and local levels.  They elect state and federal representatives who establish the framework of laws within which the schools operate.  The people elect a Board of Directors to represent them to determine local educational policy.

The Board is mindful that its members are accountable to the people through the elective process.  The Board also believes that accountability for the effectiveness of the school unit is a responsibility shared by the Directors, the Superintendent, students, teachers, administrators, and the people.

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:         December 4, 2014

 NEPN/NSBA Code: AC

        NONDISCRIMINATION/EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION

The MSAD #60 Board is committed to maintaining a workplace and learning environment that is free from illegal discrimination and harassment.

       In accordance with applicable Federal and/or State laws and regulations, MSAD #60 prohibits discrimination against and harassment of employees, candidates for employment, students and others with rights to admission or access to school programs, activities or premises on the basis of race, color, sex, sexual orientation, gender identity or expression, religion, ancestry or national origin, or disability.

       As defined in Maine law and for the purpose of this policy, “sexual orientation” means a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression. “Gender identity” means gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's assigned sex at birth.

Further, in compliance with Federal law, MSAD #60 prohibits discrimination against school unit employees and candidates for employment on the basis of age, pregnancy, or genetic information.

      The Board delegates to the Superintendent the responsibility for implementing this policy. The MSAD #60 Affirmative Action Plan will include designation of an Affirmative Action Officer who will be responsible for ensuring compliance with all Federal and State requirements related to nondiscrimination. The Affirmative Action Officer will be appointed by the Superintendent and will be a person with direct access to the Superintendent.

      The Superintendent /Affirmative Action Officer shall be responsible for ensuring that notice of compliance with Federal and State civil rights laws is provided to all applicants for employment, employees, students, parents and others, as appropriate.

Legal Reference:         Equal Employment Opportunities Act of 1972 (P.L. 92-261) amending

             Title VII of the Civil Rights Act of 1964 (42 U.S.C. & 2000(e) et seq.)

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.)

Title VI of the Civil Rights Act of 1964 (P.L. 88-352)

Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.)

 Equal Pay Act of 1963 (29 U.S.C. § 206)

Vocational Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.)

Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)

 Pregnancy Discrimination Act of 1978 Genetic Information Nondiscrimination Act of 2008 (GINA) (42 U.S.C. § 2000ff et seq.) 5 MRSA Ş 4551, et seq. (Maine Human Rights Act); 19301-19302

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NEPN/NSBA Code: AC

Cross Reference:              Affirmative Action Plan

 ACAA - Harassment and Sexual Harassment of Students

 ACAB - Harassment and Sexual Harassment of School Employees                                        

 JICK - Bullying

Adopted:        March 12, 1987        

Revised:        October 19, 2000

Revised:          July 12, 2012

Revised:          December 4, 2014        

Revised:          November 7, 2019         

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        NEPN/NSBA CODE: ACAA

HARASSMENT AND SEXUAL HARASSMENT OF STUDENTS

MSAD #60 is committed to providing all members of the school community with a safe and supportive environment.  Members of the school community are expected to treat each other with respect.

Harassment of students because of race, color, sex, sexual orientation, gender identity or expression, religion, ancestry or national origin, or disability is prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws.

As defined in Maine law and for the purpose of this policy, "sexual orientation" means a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression. “Gender identity” means gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's assigned sex at birth.

Harassment

Harassment includes but is not limited to verbal abuse based on race, color, age, sex, sexual orientation, gender identity or expression, religion, ancestry or national origin, or disability. Under the Maine Civil Rights Act, violence or threats of violence against a person or their property based on their sexual orientation are also illegal. Harassment that rises to the level of physical assault, battery and/or abuse is also addressed in the Board policy JICIA – Weapons, Violence and School Safety.

Sexual Harassment

Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors or pressure to engage in sexual activity, physical contact of a sexual nature, gestures, comments, or other physical, written or verbal conduct that is gender-based that interferes with a student's education. School employees, fellow students, volunteers and visitors to the school, and other persons with whom students may interact in order to pursue school activities are required to refrain from such conduct.

Harassment/sexual harassment of students by school employees is considered grounds for disciplinary action, up to and including discharge.

Harassment/sexual harassment of students by other students is considered grounds for disciplinary action, up to and including expulsion.  The Superintendent will determine appropriate sanctions for harassment of students by persons other than school employees and students.

The Superintendent will determine appropriate sanctions for harassment of students by persons other than school employees and students.

The Superintendent or the employee designated as the Title IX Coordinator will investigate complaints of harassment in accordance with the Student Harassment Complaint Procedure (ACAA-R).

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NEPN/NSBA Code: ACAA

School employees, students, and parents shall be informed of this policy/procedure through handbooks and/or other means selected by the school administration.

Legal Reference:  Title IX of the Education Amendments of 1972 (20 USC §1681, et seq.)

      Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d))

      5 MRSA SS 4602; 4681 et seq. 20-A MRSA Ş 6553

Cross Reference:   ACAA-R - Student Discrimination and Harassment Complaint Procedure

      AC - Nondiscrimination/Equal Opportunity and Affirmative Action

                                    ACAD - Hazing

                                          JICIA - Weapons, Violence and School Safety

Adopted:        November 30, 1989        

Revised:        October 19, 2000

Revised:        October 21, 2010

Revised:          December 4, 2014

Revised:          November 7, 2019

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NEPN/NSBA CODE:  ACAA-R

STUDENT DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE

This procedure has been adopted by the Board in order to provide a method of prompt and equitable resolution of student complaints of discrimination and harassment as described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and ACAA – Harassment and Sexual Harassment of Students.

1. DAny student who believes he/she has been harassed or discriminated against is encouraged to try to resolve the problem by informing the individual(s) that the behavior is unwelcome or offensive and by requesting that the behavior stop.  This shall not prevent the student, however, from making an immediate formal complaint.

2. Any student who believes he/she has been discriminated against or harassed should report their concern promptly to the building principal.  If the student is uncomfortable reporting concerns to the building principal, he/she may report the concern to the assistant superintendent.  This report should be made in writing.

Students who are unsure as to whether unlawful discrimination or harassment has occurred are encouraged to discuss their concerns with the building principal.  Students will not be retaliated against for reporting suspected discrimination or harassment.

3. Building principal will promptly inform the Superintendent and the person who is the subject of the complaint that a complaint has been received.

The building principal may pursue an informal resolution of the complaint with the agreement of the complainant and the person against whom the complaint is made.  The informal resolution is subject to the approval of the Superintendent, who shall consider whether the informal resolution is in the best interest of M.S.A.D. #60 in light of applicable policies and law.

4. The complaint will be investigated by the building principal, unless the Superintendent chooses to investigate the complaint or designates another person to investigate it on his/her behalf.

1. The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation.

2. If the complaint is against an employee of M.S.A.D. #60, any rights conferred under an applicable collective bargaining agreement shall be applied.

3. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.

4. The building principal shall keep a written record of the investigation process.

5. The building principal may taken interim remedial measures (consistent with any applicable collective bargaining agreement provisions) to reduce the risk of further harassment while the investigation is pending.

6. The building principal shall consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions.

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7. The investigation shall be completed within 21 calendar days of receiving the complaint, if practicable.                                                                        

5. If the building principal determines that discrimination or harassment occurred, he/she shall, in consultation with the Superintendent:

8. Determine what remedial action is required, if any;
9. Determine what disciplinary action should be taken against the person (s) who engaged in harassment, if any, and
10. Inform the student who made the complaint in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).

6. If the student who made the complaint is dissatisfied with the resolution, he/she may appeal to the Superintendent within 14 calendar days after receiving notice of the resolution.  The Superintendent shall review the investigation report and may conduct further investigation if deemed appropriate.  If the student is dissatisfied with the decision of the Superintendent, he/she may appeal to the School Board within 14 calendar days.  The Board’s decision shall be final.

Any student who believes he/she has been discriminated against or harassed is encouraged to utilize M.S.A.D. #60’s complaint procedure.  However, employees are hereby notified that they also have the right to report incidents of discrimination or harassment to the Maine Human Rights Commission, State House Station 51, Augusta, ME 04333 (telephone:  207-624-6050) and/or to the federal Offices for Civil Rights, Regional Director, U.S. Department of Education, S.W.  McCormack POOCH Room 222, Boston, MA 02109-4557 (telephone:  617-223-9622).

Legal Reference:        Americans with Disabilities Act (28 CFR § 35.07)

                        Section 504 of the Vocational Rehabilitation Act (34 CRF § 104.7)

                        Title IX of the Educational Amendments of 1972 (34 CRF §  106.8)

                        Age Discrimination in Employment Act (34 CFR § 110.25)

Cross Reference:        AC – Nondiscrimination//Equal Opportunity and Affirmative Action

                        ACAA – Harassment and Sexual Harassment of Students

Adopted:             October 19, 2000

Revised:              December 4, 2014

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NEPN/NSBA Code: ACAB

HARASSMENT AND SEXUAL HARASSMENT OF SCHOOL EMPLOYEES

MSAD #60 is committed to providing all members of the school community with a safe and supportive environment.  Members of the school community are expected to treat each other with respect.

Harassment of school employees because of race, color, sex, sexual orientation, religion, ancestry or national origin, age, or disability is prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws.

 As defined in Maine law and for the purpose of this policy, “sexual orientation” means a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression. “Gender identity” means gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's assigned sex at birth.

Harassment

Harassment includes but is not limited to verbal abuse, threats, physical assault and/or battery based on race, color, sex, sexual orientation, gender identity or expression, religion, ancestry or national origin, age, or disability. Under the Maine Civil Rights Act, violence or threats of violence against a person or their property based on their sexual orientation are also illegal.

Sexual Harassment

Unwelcome sexual advances, suggestive or lewd remarks, requests for sexual  favors, and other verbal and physical conduct of a sexual nature constitute sexual harassment when:

A. Submission to such conduct is made either explicitly or implicitly a term or condition of an employee's work environment or employee benefits;

B. Submission to or rejection of such conduct by an employee is used as the basis for decisions on employment benefits; and/or

C. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment.

Any employee who engages in harassment or sexual harassment will be subject to disciplinary action, up to and including discharge.

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NEPN/NSBA Code: ACAB

All complaints of harassment will be investigated in accordance with the School Employee Discrimination and Harassment Complaint Procedure.

Notice and Training

Annually, each employee shall receive a copy of this policy and the School Employee Discrimination and Harassment Complaint Procedure. This may be accomplished by including the policy/procedure with employee paychecks or by using other appropriate means to ensure that each employee receives a copy. All newly hired employees shall be provided training about sexual harassment in accordance with Maine law.

The Superintendent is responsible for ensuring that the school unit complies with all legal requirements for posting, notification and training of employees regarding harassment and sexual harassment.

Legal Reference:        Title IX of the Education Amendments of 1972 (20 USC § 1681 et seq.)

        Title VI of the Civil Rights Act of 1964 (42 USC § 2000d)

        Americans with Disabilities Act (42 USC § 12101 et seq.)

Section 504 of the Vocational Rehabilitation Act of 1973 (29 USC § 794 et seq.)

        Title VII (42 USC § 2000-C2: 29 CFR § 1604.11)

        Age Discrimination in Employment Act (29 USC § 623)

        5 MRSA §§ 4602; 4681 et seq.

        20 MRSA §6553

        26 MRSA § 806-807

Cross Reference:         ACAB-R - School Employee Discrimination and Harassment Complaint Procedure

AC - Nondiscrimination/Equal Opportunity and Affirmative Action                             ACAD - Hazing

Adopted:          October 19, 2000        

Revised:        April 26, 2007

Revised:        October 21, 2010

Revised:          December 4, 2014

Revised:        November 7, 2019

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NEPN/NSBA CODE:  ACAB-R

EMPLOYEE DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE

This procedure has been adopted by the Board in order to provide a method of prompt and equitable resolution of employee complaints of discrimination and harassment as described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and ACAB – Harassment and Sexual Harassment of School Employees.

1. Any employee who believes he/she has been harassed or discriminated against is         encouraged to                 try to resolve the problem by informing the individual(s) that the behavior is unwelcome or                 offensive and by requesting that the behavior stop.  This shall not prevent the employee,                         however, from making an immediate formal complaint.

2. Any employee who believes he/she has been discriminated against or harassed should report                 their concern promptly to the building principal.  If the employee is uncomfortable reporting                 concerns to the building principal, he/she may report the concern to the assistant superintendent.          This report should be made in writing.

Employees who are unsure as to whether unlawful discrimination or harassment has occurred are encouraged to discuss their concerns with the building principal.  Employees will not be retaliated against for reporting suspected discrimination or harassment.

3.  Building principal will promptly inform the Superintendent and the person who is the subject of                     the complaint that a complaint has been received.

The building principal may pursue an informal resolution of the complaint with the agreement of the complainant and the person against whom the complaint is made.  The informal resolution is subject to the approval of the Superintendent, who shall consider whether the informal resolution is in the best interest of M.S.A.D. #60 in light of applicable policies and law.

4.  The complaint will be investigated by the building principal, unless the Superintendent chooses to investigate the complaint or designates another person to investigate it on his/her behalf.

11. The person who is the subject of the complaint will be provided with an opportunity to be heard as part of the investigation.

12. If the complaint is against an employee of M.S.A.D. #60, any rights conferred under an applicable collective bargaining agreement shall be applied.

13. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.

14. The building principal shall keep a written record of the investigation process.

15. The building principal may taken interim remedial measures (consistent with any applicable collective bargaining agreement provisions) to reduce the risk of further harassment while the investigation is pending.

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16. The building principal shall consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions.

17. The investigation shall be completed within 21 calendar days of receiving the complaint, if practicable.

7. If the building principal determines that discrimination or harassment occurred, he/she shall, in consultation with the Superintendent:

18. Determine what remedial action is required, if any;
19. Determine what disciplinary action should be taken against the person (s) who engaged in harassment, if any, and
20. Inform the employee who made the complaint in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).

8. If the employee who made the complaint is dissatisfied with the resolution, he/she may appeal to the Superintendent within 14 calendar days after receiving notice of the resolution.  The Superintendent shall review the investigation report and may conduct further investigation if deemed appropriate.  If the employee is dissatisfied with the decision of the Superintendent, he/she may appeal to the School Board within 14 calendar days.  The Board’s decision shall be final.

Any employee who believes he/she has been discriminated against or harassed is encouraged to utilize M.S.A.D. #60’s complaint procedure.  However, employees are hereby notified that they also have the right to report incidents of discrimination or harassment to the Maine Human Rights Commission, State House Station 51, Augusta, ME 04333 (telephone:  207-624-6050) and/or to the federal Offices for Civil Rights, Regional Director, U.S. Department of Education, S.W.  McCormack POOCH Room 222, Boston, MA 02109-4557 (telephone:  617-223-9622).

Legal Reference:        Americans with Disabilities Act (28 CFR § 35.07)

                        Section 504 of the Vocational Rehabilitation Act (34 CRF § 104.7)

                        Title IX of the Educational Amendments of 1972 (34 CRF §  106.8)

                        Age Discrimination in Employment Act (34 CFR § 110.25)

Cross Reference:        AC – Nondiscrimination//Equal Opportunity and Affirmative Action

                        ACAB – Harassment and Sexual Harassment of School Employees

Adopted:          October 19, 2000

Revised:           December 4, 2014

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                                                                        NEPN/NSBA Code:  ACAD

HAZING

Maine statute defines injurious hazing as "any action or situation, including harassing behavior that recklessly or intentionally endangers the mental or physical health of any school personnel or a student enrolled in a public school."

Injurious hazing also includes any activity expected of a student as a condition of joining or maintaining membership in a group that humiliates, degrades, abuses or endangers a student, regardless of the student's willingness to participate in the activity.

It is the policy of the Board that injurious hazing activities of any type, either on or off school property, by any student, staff member, group or organization affiliated with this school unit shall be prohibited at all times.

“Harassing behavior” includes acts of intimidation and any other conduct that recklessly or intentionally endangers the mental or physical health of a student or staff member.

“Acts of intimidation” include extortion, menacing, direct or indirect threats of violence, incidents of violence, bullying, statements or taunting of a malicious and/or derogatory nature that recklessly or intentionally endanger the mental or physical health of another person, and property damage or theft.

No administrator, faculty member, or other employee of the school unit shall encourage, permit, condone, or tolerate injurious hazing activities.  No student, including leaders of student organizations, shall plan, encourage, or engage in injurious hazing activities.

Persons not associated with this school unit who fail to abide by this policy may be subject to ejection from school property and/or other measures may be available under the law.

Administrators, family members, students and all other employees who fail to abide by this policy may be subject to disciplinary action which may include suspension, expulsion, or other appropriate measures.  In the case of any organization affiliated with this school unit which authorizes hazing, penalties may include rescission of  permission for that organization to operate on school property or to receive any other benefit of affiliation with the school unit.

These penalties shall be in addition to any civil or criminal penalties to which the violator or organization may be subject.

The Superintendent shall assume responsibility for administering this policy.  In the event that an individual or organization disagrees with an action-or lack of action- on the part of the Superintendent as he/she carries out the provisions of this policy, that individual or organization may appeal to the Board.  The ruling of the Board, with respect to the provisions of this policy, shall be final.

This right to appeal does not apply to student suspensions of 10 days or less or to matters submitted to grievance procedures under applicable collective bargaining agreements.

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NEPN/NSBA Code:  ACAD

A copy of this policy shall be included in all school, parent, and employee handbooks or otherwise distributed to all school employees and students.

Legal Reference:        20-MRSA §6553

Cross Reference:        ACAA - Harassment and Sexual Harassment of Students

                        ACAB - Harassment and Sexual Harassment of Employees

                        JICIA - Weapons, Violence and School Safety

Adopted:        April 13, 2006

Revised:         December 4, 2014

Revised:         November 7, 2019

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                        NEPN/NSBA Code:  AD

EDUCATIONAL PHILOSOPHY/MISSION

As advocates for children, the Board recognizes that the thorough and efficient education of children is its primary statutory-based responsibility.  To this end, the Board considers proper and adequate support of schools to be a civic responsibility shared by all citizens.

The school unit will provide an educational environment designed to encourage each student to acquire the necessary skills and perspectives needed for a meaningful life and career.  All schools will strive to encourage students to form desirable habits that are necessary for them to become responsible, informed citizens.  In general, we aim to have students develop attitudes and practices necessary for satisfying, worthwhile lives.

We believe that all children must be provided equal but not identical opportunities to allow them to achieve at levels commensurate with their abilities.  We believe that all students must learn in an environment which allows them to develop positive attitudes toward themselves and genuine respect for others.

A rigorous core curriculum designed to achieve specific learning outcomes will be provided.  It will be planned with the goal of creating and maintaining standards which will furnish students with the skills necessary for success in a global society while giving them a broad educational foundation compatible with their interests, aptitudes and aims.  The curriculum and graduation requirements will be regularly evaluated to ensure their continued appropriateness.

In order to achieve our goals and to implement this philosophy, we believe that all schools must secure the involvement of the community, students, staff, parents and citizens.  Educational responsibility must be shared with important community institutions.  We strongly believe that our school system's success depends on good rapport and cooperation with our communities and its institutions.

The Board recognizes the professional staff as the body that is legally charged with the responsibility of providing education to all children.  In fulfilling this responsibility, the staff will seek to ensure the following.

        A.        All children will master basic skills in the areas of language arts, mathematics, science, history, and technology.

        B.        Instruction will be provided which is appropriate to each individual with respect to goals, methodology and evaluation.

        C.        Students will be seen in their totality as physical, mental, social, and aesthetic beings, which requires a knowledge of child growth and development.

        D.        Staff members, in order to effectively execute their responsibilities, will establish goals for themselves consistent with the philosophy of the Board and individual schools.  Staff members will engage in a self-evaluation process for the purpose of self-improvement--the ultimate objective being an improved instructional program for all students.

        E.        The Board recognizes that this highly technological society demands that students learn how to cope with change and learn to accept that "learning" is a continuous process.

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The Board fully accepts the responsibility of formulating policies and acquiring adequate funding to support the

education process.  The Board will always consider the welfare of students as the single most important factor in making decisions relative to educational policy.  It will be the responsibility of the Board and administrators to promote sound educational practices and professional development.

Legal Reference:        20-A MRSA, §§ 1001 et seq.; 4511.3, A

Adopted:        October 19, 2000

Revised:        January 8, 2015

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NEPN/NSBA Code:  ADA

SCHOOL UNIT GOALS AND OBJECTIVES

The Board recognizes its responsibility to set goals for the efficient operation of the school unit.  In discharging this responsibility, the Board will strive to ensure that the resources of the unit are directed toward meeting the

educational needs of each eligible student.

The Board will develop annual goals based on input solicited from a variety of sources.  These goals will be shared with the community, the staff, and the students.  The administration shall develop appropriate objectives designed to achieve the stated priorities.

The Board will regularly evaluate progress toward meeting the goals and will adopt appropriate policies designed to facilitate their accomplishment.

Legal Reference:        20-A MRSA § 4511.3, A

Adopted:        October 19, 2000

Revised:         January 8, 2015

NEPN/NSBA Code: ADAA

SCHOOL SYSTEM COMMITMENT TO STANDARDS FOR

ETHICAL AND RESPONSIBLE BEHAVIOR

The MSAD #60 School Board believes that promoting ethical and responsible behavior is an essential part of the school unit’s educational mission. The Board recognizes that ethics, constructive attitudes, responsible behavior, and “character” are important if a student is to leave school as a “responsible and involved citizen,” as described in the Guiding Principles of the Maine Learning Results. The Board also recognizes that Maine law requires the adoption of a district-wide student code of conduct consistent with statewide standards for student behavior developed by the Commissioner of the Department of Education in compliance with 20-A MRSA § 254(11).

The Board seeks to create and maintain a school climate in which ethical and responsible behavior can flourish. The Board believes that instilling a sense of ethics and responsibility in students requires setting positive expectations for student behavior as well as establishing disciplinary consequences for behavior that violates Board policy or school rules. Further, the Board believes that in order to teach ethical and responsible

behavior, adults who interact with students must strive to model and reinforce ethical and responsible behavior. To that end, the Board supports an active partnership between schools and parents.

Recognizing that collaboratively identified core values are the foundation for a school culture that encourages and reinforces ethical and responsible student behavior, the Board is committed to the establishment and implementation of a process for identifying shared values and setting and enforcing standards for behavior, including prescription of consequences for unacceptable behavior. The process for identifying such shared values will invite and include the participation of Board members, school administrators, staff, parents, students, and the community. Core values will be reviewed periodically, with opportunity for public participation. The Board will direct the Superintendent/designee to develop a process to assess school system progress toward achievement of an ethical and responsible school culture.

Following the identification of core values, the Board, with input from administrators, staff, parents, students, and members of the community, will adopt a Student Code of Conduct consistent with statewide standards for student behavior that shall, as required by law:

A. Define unacceptable student behavior;

B. Establish standards of student responsibility for behavior;

C. Prescribe consequences for violation of the Student Code of Conduct, including first-time violations, when appropriate;

D. Describe appropriate procedures for referring students in need of special services to those services;

E. Establish criteria to determine when further assessment of a current Individual Education Plan (IEP) is necessary, based on removal of the student from class;

F. Establish policies and procedures concerning the removal of disruptive or violent students from a classroom or a school bus, as well as student disciplinary and placement decisions, when appropriate; and

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G. Establish guidelines and criteria concerning the appropriate circumstances when the Superintendent/designee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence committed by any person on school grounds or other school property.

The Student Code of Conduct will be reviewed periodically by the Board, with input from administrators, staff, parents, students, and members of the community.

Students, parents, staff, and the community will be informed of the Student Code of Conduct through handbooks and/or other means selected by the Superintendent/designee. Ethics and Curriculum

The Board encourages examination and discussion of ethical issues within content areas of the curriculum, as appropriate. The Board also encourages schools to provide students with meaningful opportunities to apply values and ethical and responsible behavior through activities such as problem solving, community service, peer mediation, and student government/leadership development.

Legal Reference: 20-A MRSA §§ 254, 1001(15)

Adopted:          January 8, 2015

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NEPN/NSBA: ADC

USE and POSSESSION of TOBACCO PRODUCTS and ELECTRONIC NICOTINE DELIVERY SYSTEMS

MSAD 60 is dedicated to providing its students, staff, and visitors with a safe and healthy environment to learn, work, and play. Tobacco/nicotine use continues to be the leading cause of preventable disease and death in Maine and the United States. Research has shown that students addicted to tobacco/nicotine products do not learn as well because they are focused on the need for more tobacco/nicotine versus learning. This policy reflects and emphasizes the hazards of tobacco/nicotine use, will assure compliance with laws, protect school community members from secondhand smoke, and role model tobacco-free lifestyles.

The Board prohibits smoking and all other use of tobacco/nicotine products and electronic vaporizers commonly used for nicotine delivery (including but not limited to cigarettes, cigars, snus, spit and smokeless tobacco, dip, chew, snuff, herbal cigarettes, e-hookahs, electronic cigarettes, vape products, and all other electronic nicotine delivery systems)  in school buildings, on school property, on school buses or in any other School District  vehicle at all times and by all persons (24 hours per day, 365 days a year). Possession of any tobacco products is prohibited by anyone (adult or minor) on district property, in school vehicles, and at school-sponsored functions at any time. This includes all days when school is not in session and all functions taking place on school grounds such as athletic events or other activities not associated with or sponsored by the school. The policy applies to everyone, including students, school staff, parents, and visitors.

Under law and Board policy, the sale, distribution, dispensing, or promotion of tobacco products and paraphernalia is prohibited on school property and at all school functions. Advertising tobacco products is prohibited in school buildings, on school property, and in all school publications. Employees may not use tobacco products or electronic nicotine delivery systems at any time while supervising students, whether on or off school property.

Legal References:         22 MRSA § 1578(B); 1580(A)(3)

                                   Me. PL 470 (An Act to Reduce Tobacco Use By Minors)

                                       20 USC §4301 et seq. (Pro-Children Act of 2001)

Cross Reference:   ADC-R Use and Possession of Tobacco Products and Electronic Nicotine Delivery Systems Procedure

ADOPTED:   December 8, 1994

REVISED:     October 19, 2000

                  June 26, 2003

                       March 17, 2011

                       December 4, 2014        

                       January 8, 2015

                       January 12, 2017

                  January 16, 2020

NEPN/NSBA:ADC-R

USE and POSSESSION of TOBACCO PRODUCTS and ELECTRONIC NICOTINE DELIVERY SYSTEMS Procedure

The purpose of the following administrative procedure is to effectuate the mandates imposed by the various federal and state laws in addition to the Board’s “Use and Possession of Tobacco Products and Electronic Nicotine Delivery Systems” policy. The policy applies to the smoking or use of all tobacco products, including but not limited to cigarettes, cigars, snus, spit and smokeless tobacco, dip, chew, snuff, herbal cigarettes, e-hookahs, electronic cigarettes, vape products, and all other electronic nicotine delivery systems.

I. Prohibited Conduct

1. Students

The use, possession, sale, dispensing or distribution of tobacco products and paraphernalia by all students is prohibited in school buildings and facilities during school-sponsored events, on school grounds and buses, and at all other times. Students are prohibited from wearing clothing or gear that includes tobacco brands, including e-cigarette or electronic nicotine delivery system brands.

2. Employees and All Other Persons

The use of tobacco/nicotine products by employees and all other persons is prohibited in school buildings, facilities, and on school buses and in all district-owned or leased vehicles during school-sponsored events and at all other times on school grounds. Employees are prohibited from wearing clothing or gear that includes tobacco brands, including e-cigarette or electronic nicotine delivery system brands.

II. Policy Communication:

      This policy will be communicated through a variety of efforts to educate students, school staff, parents, and  visitors. Tobacco-free signs will be posted in highly visible areas at facility entrances, throughout the school property, and athletic facilities.

    The policy will be listed on the school website and will be included in employee, student, and adult education  booklets annually . Each year, all school staff, parents, and guardians will receive written information regarding the policy in either hard copy or electronic format.

III. Policy Enforcement:

Everyone is required to comply with MSAD 60 tobacco use and possession policy. Enforcement of this policy will follow the standard procedures of the school for each audience as described  below. All school staff are expected to enforce the policy under the direction of the Principal. The Principal shall report any violations of this policy/procedure as promptly as practicable to the Superintendent.

1. Student Violations:

Administrators in all buildings shall develop age-appropriate disciplinary guidelines for students violating this policy/procedure and will be responsible for communicating the consequences of the tobacco/nicotine policy to their students.                                                  

Strategies may include the confiscation of  tobacco/nicotine materials and paraphernalia, the notification of  parents/guardians, access to  tobacco education, referral to tobacco treatment and/or suspension from school.

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2. Staff Violations:

Faculty and staff are included in provisions of the state law, which prohibits the use or possession of any tobacco/nicotine products on school property and in school vehicles during work hours or at any time on school grounds or at school-sponsored events.  Any staff member violating this policy will be subject to disciplinary actions as determined by the Superintendent or his/her designee.

3. Other Adult/Visitor Violations:

All visitors must comply with the regulations set forth in this policy by the MSAD #60 Board.  The smoking or the use of tobacco on school property by visitors is prohibited.  This includes non-school hours and all functions, athletic or otherwise, that take place on school property.

Anyone found smoking or using or possessing any form of tobacco products will be informed of the school tobacco-free policy and asked to refrain from use while on school property.  If the visitor does not comply, they will be asked to leave school property.  If the visitor refuses to leave, law enforcement will be called.

IV. Tobacco Treatment Support: Information regarding tobacco treatment resources such as onsite counseling and the Maine Tobacco HelpLine (1-800-207-1230 and TheQuitLink.com) will be made available to those who use tobacco products and are interested in quitting.

Legal References:        22 MRSA §1578-B

                        Me. PL470 (An Act to Reduce Tobacco Use by Minors)

                        20 USC 6081 (Pro-Children Act of 1994-Goals 2000)

Cross Reference:        ADC- Use and Possession of Tobacco Products and Electronic Nicotine Delivery Systems

Adopted:        December 8, 1994

Revised:        October 19, 2000

                June 26, 2003

                March 17, 2011

                December 4, 2014

                December 28, 2016

                January 16, 2020

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NEPN/NSBA CODE: ADF

SCHOOL UNIT COMMITMENT TO LEARNING RESULTS

The MSAD #60 Board of Directors hereby adopts the system of learning results and the Maine Department of Education’s applicable rules.  The learning results system is intended to serve as a foundation for education reform and to promote and provide assessment of student learning, accountability and equity.  The Board recognizes that the legislative intent of the learning results system is to provide children with schools that reflect high expectations and create conditions where these expectations can be met.

The Board understands that implementation of the learning results system has broad implications for the school unit, including curriculum, budget, professional development, student assessment, professional evaluation, and graduation requirements.  Therefore, the Board is committed to examining its policies to ensure that they are consistent with the intent and goals of the learning results system.  The Board will also ensure that there is alignment between the system of learning results and programs developed by MSAD #60.

The Board directs the Superintendent to develop a plan and timeline for implementing the learning results system, and any appropriate administrative procedures.  The Board further directs the Superintendent to report to the Board on a regular basis on progress toward implementing the learning results system.

Legal References:        20-A MRSA §§ 6208-6209

                        L.D. 1536, Chapter 51 Resolves

                        Chapter 131 (Maine Dept. of Ed. Rules)

Adopted:        April 9, 1998

Revised:        October 19, 2000

Revised:         September 8, 2015

NEPN/NSBA Code:  BA

BOARD OPERATIONAL GOALS

The Board of Directors is committed to providing all students equal but not necessarily identical opportunities to achieve commensurate with their abilities.  The Board will meet its legal obligations to provide a vision and policies of the district while maintaining an awareness of concerns.  The Board will employ a Superintendent who will execute the policies of the District.

The Board commits itself to the following operational objectives:

A.        Provide strategic leadership for the school unit;

B.        Interpret the educational needs and aspirations of the community, and meet them through the formulation of policies which serve the best interests of the students;

C.        Provide sufficient guidance to the Superintendent to implement the goals and objectives of the school system as set forth in the Board policy manual;

D.        Maintain effective communication with the constituencies served by the schools; and

E.        Evaluate Board policies and the educational program to ensure that goals and objectives are met.

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        February 14, 2013

NEPN/NSBA Code:  BAA

BOARD SELF-EVALUATION

The Board of Directors shall conduct a self-evaluation on a biannual basis in accordance with the National School Board Association evaluation standards.

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        February 14, 2013

NEPN/NSBA Code:  BBA

SCHOOL BOARD POWERS AND RESPONSIBILITIES

The Board of Directors shall have general charge of all the public schools of this unit and shall exercise such other responsibilities as specifically provided by law.

The Board shall concern itself primarily with defining policy, for the District, rather than with executing policy.  The execution of the Board’s policies shall be performed by the Superintendent and his/her staff, who shall be held responsible for the effective administration and supervision of the entire school system.

The Board functioning within the framework of laws, court decisions, opinions of attorneys’ general and other mandates from the state and national levels of government, and recognizing the authority of the state, fulfills its mission as the governing body by acting as follows in the execution of its duties.  The Board:

A.  Enacts policy;

B.  Selects, employs and evaluates the Superintendent;

C.  Provides for the planning, expansion, improvement, financing, construction and maintenance of the physical plant of the school system;

D.  Prescribes the minimum standards needed for the efficient operation and improvement of the school system;

E.  Requires the establishment and maintenance of records, accounts, archives, management methods and procedures incidental to the conduct of school business;

F.  Approves the budget, financial reports, audits, major expenditures, payment of obligations, and policies whereby the administration may formulate procedures, regulations, and other guides for the orderly accomplishment of business;

G.  Estimates the funds necessary from taxes for the operation, support, maintenance and improvement of the school system;

H.  Adopts courses of study;

I.  Provides staff and instructional aids;

J.  Evaluates the educational program to determine the effectiveness with which the schools are achieving the educational purposes of the school system;

K.  Provides for the discussion of information relating to the schools necessary for creating a well-informed public; and

L.  Approves/disapproves personnel nominations from the Superintendent and determines (where appropriate via collective bargaining) compensation and working conditions of all staff.

Legal Reference;            20-A MRSA subsection 1001                                                                                                                           20-A MRSA subsection 1476 )RS)

Adopted:       January 17, 2013                                                

NEPN/NSBA Code:  BBAA

BOARD MEMBER AUTHORITY AND DUTIES

Members of the Board of Directors have authority only when acting as a body legally in session.  The Board shall not be bound in any way by any statement or action on the part of an individual Board member, including the Chairperson, except when the Board has delegated this authority through an adopted policy or by a majority vote of the Board.

Legal Reference:        20-A MRSA §§ 1001-1003

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        January 17, 2013

NEPN/NSBA Code:  BCA

BOARD MEMBER CODE OF ETHICS

Having accepted the challenge of service on the MSAD #60 Board of Directors, I accept the principles set forth in the following code of ethics to guide me in helping to provide free public education to all the children of my school unit within the State of Maine.

A.        I will view service on the Board of Directors as an opportunity to serve my community, state, and nation because I believe public education is the best means to promote the welfare of our people and to preserve our democratic way of life.

B.        I will at all times think of children first and base my decisions on how they will affect children, their education, and their training.

C.        I will make no disparaging remarks, in or out of the Board meetings, about other members of the Board or their opinions.

D.        I will remember at all times that as an individual I have no legal authority outside the meetings of the Board, and that I will conduct my relationship with the school staff, the local citizenry, and all media of communications on the basis of this fact.

E.        I will recognize that my responsibility is not to operate the schools but to see that they are well operated.

F.        I will seek to provide education for all children in the community commensurate with their needs and abilities.

G.        I will listen to all citizens but will refer all complaints to the proper authorities, and will discuss such complaints only at a regular meeting after failure of administrative solution.

H.        I will support a decision graciously once it has been made by the majority of the Board.

I.        I will not criticize employees publicly, but will make such criticism to the Superintendent for investigation and action, if necessary.

J.        I will make decisions openly after all facts bearing on a question have been presented and discussed.

K.        I will refuse to make promises as to how I will vote on a matter that should properly come before the Board as a whole.

L.        I will not discuss the confidential business of the Board in my home, on the street, or in my office, the place for such discussion being the School Board meeting.

M.        I will confine my Board action to policy making, planning, and appraisal, leaving the administration of the schools to the Superintendent.

N.        I will welcome and encourage cooperation and participation by teachers, administrators, and other personnel in developing policies that affect their welfare and that of the children they serve.

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O.        I will endeavor at all times to see that schools have adequate financial support within the capabilities of the community and state, in order that every child may receive the best possible education.

P.        I will resist every temptation and outside pressure to use my position as a Board member to benefit myself or any individual or agency apart from the total interest of the school unit.

Q.        I will endeavor to attend every regular and special Board meeting recognizing that my presence means representation for my town or city.  If I find that this is not possible for an extended length of time, I will give consideration to resigning from my position on the Board.

R.        I will recognize at all times that the Board of Directors of which I am a member is an agent of the state, and as such, I will abide by the laws of the state and the regulations formulated by the Maine Department of Education and by the State Board of Education.

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        January 17, 2013

Page 2 of 2

NEPN/NSBA Code:  BCB

BOARD MEMBER CONFLICT OF INTEREST

A Board member shall not have any direct or indirect pecuniary interest (as defined by law) in a contract with the school unit, nor shall he/she furnish directly any labor, equipment, or supplies to the unit.

In the event that a Board member is employed by a corporation or business, or has a secondary interest in a corporation or business which furnishes goods or services to the schools, the Board member shall declare his/her secondary interest and refrain from debating or voting upon the question of contracting with the company.

It is not the intent of this policy to prevent the school unit from contracting with corporations or businesses because a Board member is an employee of the firm.  The policy is designed to prevent the placing of Board members in a position where their interest in public schools and their interest in their places of employment (or other indirect interest) might conflict, and to avoid appearances of conflict of interest even though such conflict may not exist.

A Board member may not, during the time the member serves on the Board and for one year after the member ceases to serve on the Board, be appointed to any civil office of profit or employment position which has been created or the compensation of which has been increased by the action of the Board during the time the member serves on the Board.

No member of the Board or spouse of a member shall be employed in any public school within the unit. Board members may not candidate for employment in the district in the district until one year after Board membership is terminated.

Legal Reference:        20-A MRSA§ 1002 et seq., § 1051

                        17 MRSA § 3104

                        30-A MRSA §§ 2251, 2604 et seq.

Adopted:        October 19, 2000

Revised:                January 17, 2013

Revised:         September 24, 2014

                                                                                                NEPN/NSBA Code: BCC

NEPOTISM

It shall be the policy of the Board of Directors that the immediate family of any MSAD #60 supervisory employee shall not be employed by the District in any permanent capacity falling under the supervision of such employee.  Current employees as of January 17, 2013 notwithstanding.  Immediate family shall be defined as; spouse, child, domestic partner of said supervisory employee.  The superintendent shall have the right to waive this policy given an alternative and appropriate option for supervision of the employee.

Adopted:          October 18, 1990

Revised:         October 19, 2000

Revised:          January 17, 2013

NEPN/NSBA Code:  BDA

BOARD ORGANIZATIONAL MEETING

Reorganization shall be effected at the first regular meeting of the Board following the start of the new fiscal year on July 1st.  At this meeting, there shall be an election for the ensuing year of a Chairperson and a Vice-Chairperson.  The organizational meeting shall be called to order by the Superintendent, who shall preside until the Chairperson has been elected by a majority of the Board.

Legal Reference:        20-A MRSA § 1251

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        May 28, 2002

Revised:        January 17, 2013

NEPN/NSBA Code:  BDD

BOARD-SUPERINTENDENT RELATIONSHIP

The Board of Directors believes that the development and adoption of policies for the district is the most important function of a Board and that the execution of the policies should be the function of the Superintendent.

Delegation of its executive powers by the Board to the Superintendent provides freedom for the Superintendent to manage the schools within the parameters of the Board’s policies and frees the Board to devote its time to policymaking, planning and appraisal functions.

The Board holds the Superintendent responsible for the administration of its policies, the execution of Board decisions, the operation of school programs and facilities, and for keeping the Board informed about school operations and problems.

Legal Reference:        20-A MRSA §§ 1001; 1051

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        April 24, 2013

NEPN/NSBA Code:  BE

BOARD MEETINGS

All meetings of the Board of Directors shall be open to the public, except executive sessions, as provided by law.

Regular Meetings

The Board of Directors will generally hold regular business meetings on the first and third Thursday each month beginning at 7:00 p.m.  Regular meetings are held in the Paul Johnson Library at Noble High School.

Special Meetings

A special meeting may be called by the Chairperson or Vice-Chairperson of the Board at their discretion, at the request of the Superintendent, or at the request of any three members of the Board of Directors.  No business shall be transacted except that for which the meeting is called.

Emergency Meetings

An emergency meeting is any meeting called with fewer than four days’ notice.  Such a meeting may be called by the Chairperson, Vice-Chairperson or Superintendent.  No business shall be transacted except that for which the meeting is called.

Informational Meetings

The Board may, at its discretion, hold informational meetings on topics of interest or in preparation for regular Board meetings.  No official action shall be taken at informational meetings.

Executive Sessions

Executive sessions of the Board shall be called in accordance with state law and at such time and place as required for discussion of matters permitted by statute.  No final action may be taken on topics while in executive session; all actions of the Board are required by law to be in a public meeting.

Legal Reference:        1 MRSA § 403 et seq.

                        20-A MRSA § 1001

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        September 6, 2012

Revised:        April 24, 2013

                                                                                        NEPN NSBA Code:  BEA

SCHOOL BOARD USE OF ELECTRONIC COMMUNICATION

Use of electronic communication by school board members should conform to the same standards of judgment, propriety and ethics as other forms of school board-related communication.  Board members should be aware that electronic communication and electronic communication attachments received or prepared for use in board business or containing information relating to board business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law.  Board members shall comply with the following guidelines when using electronic communication in the conduct of board responsibilities:

A.        The School Board shall not use electronic communication as a substitute for deliberations at Board meetings or for other communications or business properly confined to Board meetings.

B.        Board members should avoid reference to confidential information about         employees, students or other matters in electronic communications because of the risk         of improper disclosure.  Board members should comply with the same standards as         school employees with regard to confidential information.

Legal Reference:                1 MRSA subsection 401 et seq.

                                20-A MRSA subsections 6001-6002

                                20 USC subsection 1232g

Cross Reference:                

                                JRA - Student Educational Records

Adopted:        November 18, 2004

Revised:        April 11, 2013

                                                                                        NEPN/NSBA Code:  BEC

EXECUTIVE SESSIONS

Except as provided by law, all meetings of the Board of Directors shall be open to the public, and all persons shall be permitted to attend the meetings.  The Board may hold executive sessions upon recorded vote of 3/5 of the members present and voting, and any motion to go into executive session shall indicate the nature of the business of the executive session.  Deliberations may be conducted in executive sessions only on those matters defined in the law.  No final action shall be taken in executive session.

By its very nature, the subject matter of executive sessions is confidential.  It is expected that all parties to such discussions will respect the need for confidentiality.

Legal Reference:        1 MRSA § 401 et seq.

Adopted:        October 19, 2000

Revised:        April 24, 2013

                                                                                        NEPN/NSBA Code:  BEC-E

EXECUTIVE SESSION LAW

I.        To Enter Executive Session, a Board Must:

A.        Start with a public meeting;

B.        Have a public recorded vote of 3/5 of members present and voting; and

C.        State the precise nature of business in motion to enter executive session.  The nature of each matter must be stated if more than one.

 II.        Restrictions During Executive Session

A.        Only matters stated in the motion may be considered.

B.        No official actions shall be finally approved.

C.        No public record shall be kept.

III.        Items Which May Be Discussed In Executive Session

A.        Discussion or consideration of employment, appointment, assignment, duties, compensation, evaluation, resignation, disciplining, promotion, demotion or dismissal of public officials, appointees or employees or the investigation of charges or complaints against persons, subject to the following conditions:

1.        Only when public discussion could be reasonably expected to cause damage to the reputation or violate the individual's right to privacy;

2.        Person charged or investigated has right to be present;

3.        Person charged or investigated may request in writing that the investigation be conducted in open session.  Such requests must be honored; and

4.        Any person bringing charges shall be permitted to be present (does not specify participation).

B.        Discussion or consideration of suspension or expulsion of a student, the cost of whose education is paid from public funds.  The student and legal counsel (and parents or guardian if student is a minor) shall be permitted to be present if student, parents or guardian so desire.

C.        Discussion or consideration of the condition, acquisition or the use of real or personal property only if premature disclosure would prejudice the bargaining position of the body or agency.

D.        Board discussion of labor contracts and proposals and meetings may be held in executive session.  (Negotiations between the representatives of a public employer and public employees are closed unless opened by agreement of both parties.)

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E.        Consultations between a body or agency and its attorney concerning legal rights, pending litigation, and settlement offers, when premature public knowledge would give the Board substantial disadvantage.

F.        Discussion of records made, maintained or received by the body or agency, when access by the general public is prohibited by statute.

Legal Reference:        1 MRSA § 405

Adopted:        October 19, 2000

Revised:        April 24, 2013

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NEPN/NSBA Code:  BEDA

NOTIFICATION OF BOARD MEETINGS

It shall be the policy of the Board of Directors to announce all meetings publicly.  Except in the event of rare emergencies, such announcement will be made by the Superintendent/ designee in a minimum of three (3) business days to allow public attendance and shall be disseminated in a manner reasonably calculated to notify the general public.

Whenever possible, Board members shall receive notice of special or emergency meetings at least 24 hours in advance.  Such notice shall include the date, time, location and purpose of the meeting.  The Superintendent/designee shall, whenever practical, notify local representatives of the media by the same or faster means as used to notify Board members.

Legal Reference:           1 MRSA § 401 et seq.

Adopted:           March 12, 1987

Revised:             October 19, 2000

Revised:             May 2, 2013

                                                                                        NEPN/NSBA Code:  BEDB

AGENDA PREPARATION AND DISSEMINATION

The Superintendent, in cooperation with the Chairperson, shall prepare an agenda for each meeting.  Board members, school staff and members of the public may submit written requests including e-mail that items be placed on the agenda a minimum of two (2) days prior to the meeting.  The request must include supporting documents and information.  The Superintendent and Board Chairperson shall make the final decision regarding placement of items on the agenda.

Agendas and supporting information will be mailed to each Board member on the Friday prior to the regular Thursday meeting.

Copies of the regular meeting agenda and minutes of the previous meeting are delivered to the Assistant Superintendent and each school.  Copies are mailed to the Board’s student representatives, representatives of each town, union representatives, the local media, and interested parties who have requested same.  Individuals may obtain copies of the agenda at the regular meeting or at the Superintendent’s Office prior to the meeting.

Adopted:        October 19, 2000

Revised:        May 2, 2013

NEPN/NSBA Code:  BEDBA

AGENDA FORMAT

The order of business at regular Board of Directors’ meetings shall be as follows:

        A.        Call to order and attendance;

        B.        Flag salute;

        C.        Approval of previous minutes;

        D.        Public input;

        E.        Agenda items;

        F.        Superintendent’s report;

        G.        Other business; and

        H.        Adjournment.

The order of business may be altered or items added or deleted from the agenda by a majority vote of Board members present.

Adopted:  March 12, 1987

Revised:  October 19, 2000

Revised:  May 2, 2013

                                                                                        NEPN/NSBA Code:  BEDC

QUORUM

Unless otherwise required by law or Board policy, a majority of the full membership of the Board of Directors shall constitute a quorum for purposes of taking action.

Legal Reference:        20-A MRSA § 1257

Adopted:          October 19, 2000

Revised:          May 2, 2013

NEPN/NSBA Code:  BEDD

RULES OF ORDER

Except as otherwise provided by law, by regulations of the Department of Education, or by Board policy, Robert’s Rules of Order, Revised (latest edition available) shall be used to resolve procedural uncertainties.

Adopted:          March 12, 1987

Revised:           October 19, 2000

Revised:           May 2, 2013

NEPN/NSBA Code:  BEDF

VOTING METHOD

Voting shall be by a show of hands with members indicating “yes”, “no”, or “abstain”.  All members’ votes shall be recorded in the minutes.  Any Board member can request a roll call vote whenever they deem an issue warrants it.  The Board will honor such a request.  The names of the members shall be called and each member shall respond “yes”, “no”, or “abstain”.

Maine public officials are obliged to vote openly; thus, secret ballots are not to be used by the Board of Directors.

A motion shall be declared carried upon the affirmative vote of the majority of the members present, unless otherwise required by law or Board policy.

Adopted:          October 19, 2000

Revised:          September 5, 2002

Revised:          May 2, 2013

NEPN/NSBA Code:  BEDG

MINUTES

The Superintendent, in his/her function as Board Secretary, shall ensure that accurate records are kept of all meetings of the Board.  Minutes of all meetings shall be mailed to all Board members, the media and other designated persons with the next regular meeting agenda.   Board minutes are made available for public inspection after Board approval.  

Legal Reference:  20-A MRSA § 1055

Adopted:          March 12, 1987

Revised:          October 19, 2000

Revised:          May 2, 2013

                                                                                        NEPN/NSBA Code:  BEDH

PUBLIC PARTICIPATION AT BOARD MEETINGS

The Board of Directors welcomes the public and media to all of its regular and special meetings.

The Board of Directors desires to hear the viewpoints of its District’s citizens, and therefore, typically provides a Public Input item on its agenda for this purpose.  To enable the public to make statements to the Board in an orderly and efficient manner, the Board has adopted the following rules for Public Input:  

                A.    Public Input is the only time provided in the agenda when members of the public may speak before the Board, subject to the limitations herein and the Chairperson’s authority over the meeting.  The Chairperson may, at his or her sole discretion, allow a member of the public to speak outside of Public Input.

        B.  If a group wishes to be heard under Public Input, it must be represented by a spokesperson.  The Chairperson can decide if anyone else can speak for the group.

           C.    When recognized by the Chairperson, the speaker will stand, give their name, and state their reason for speaking.  The recognized person will than have five minutes in which to make a statement to the Board.  The statement must be factual to the best knowledge of the speaker, to the point, and delivered in an orderly and respectful manner.  The Board will not debate with the speaker.

                D.  The Chairperson will decide whether a statement is appropriate for Public Input.  The Chairperson has the power to withdraw recognition of a speaker, if the Chairperson determines a statement is inappropriate for Public Input.

                E.  Statements concerning subject matter that falls under the law regarding Executive Sessions (for example, matters involving personnel, contract negotiations, or that could cause public embarrassment for an individual or group) cannot be made during Public Input.  Such statements must first be brought to the Chairperson or Superintendent privately.

Adopted:           January 10, 1991

Revised:             October 19, 2000

Revised:             May 2, 2013                                                              

                                                                                        NEPN/NSBA Code:  BG

BOARD POLICY PROCESS

The Board of Directors considers policy development its chief function.

It is the intent of the Board to develop written policies to serve as the framework for the successful and efficient functioning of the school unit.

The Board accepts the definition of policy set forth by the National School Boards Association:

            School Board policies are statements that set forth the purposes and prescribe in general terms the organization and program of a school system.  They create a framework within which the Superintendent and the staff can discharge their assigned duties with positive direction.  They tell what is wanted.  They may also indicate why and how much.  Policies should define clearly the goals and objectives of the school system, allow for the flexibility that is vital in day-to-day operations, reflect the board’s vision, define roles and responsibilities (who is supposed to do what), and include measurable outcomes.

It is the Board’s intention that its policies serve as sources of information and guidance and direction for people who are interested in or connected with the schools.  All updated policies will be posted on the district website and the complete policy manual shall be available for public inspection at the Superintendent’s Office during regular business hours.

The policies of the school unit are framed and are meant to be interpreted in terms of federal and state statutes, rules of the State Board of Education and Department of Education and other regulatory agencies within the local, county, state and federal government.  The policies are also framed and are meant to be interpreted in terms of those educational objectives, procedures and practices which are broadly accepted by leaders and authorities in the public education field.

Changes in needs, conditions, purposes and objectives will require revisions, deletions and additions to the policies of the current Board and those of the future.  The Board will welcome suggestions for ongoing policy development.

The development of draft policies shall be the responsibility of the Superintendent.

Action on Board policy proposals will be taken by the Board.

Adopted:          March 12, 1987

Revised:          October 19, 2000

Revised:          May 16, 2013

                                                                                        NEPN/NSBA Code:  BG-R

POLICY ADOPTION PROCEDURE

The following procedure shall be used to adopt, review, revise or delete Board policies:

A.        Individual Board members, the Superintendent, and other school staff and interested parties should submit policy suggestions and concerns to the Superintendent.

B.        The Board and Superintendent shall review and research each suggestion in accordance with Board policies and prepare draft policies as appropriate.  Under normal circumstances, policies will be considered in a two-reading process.

C.        At an appropriate stage in the process, the Board shall contact the representative teacher organization to meet and consult regarding any proposed new or changed educational policy.

To the fullest extent practical, the Board shall also discuss the proposal with other groups affected by the policy.

D.        A new policy, revision, or deletion of a policy shall be placed on the agenda of a regular Board meeting (first reading).  Board members shall receive the policy and recommendations in advance of the meeting date.  Discussion may take place on the substance of the policy.  Any changes to the policy agreed to by consensus or formally adopted amendment shall be made prior to the second reading.

E.        At the next regular meeting, the policy shall be placed on the agenda for second reading and action.  Amendments may be introduced and acted upon.  If the main motion does not pass by a majority vote of the full Board, the process for that policy is ended unless further consideration of the policy is tabled to a specific date.

F.        Immediately upon approval, policies/revisions/deletions shall be disseminated.  Policies deleted and changed shall be recalled.  The Superintendent/designee shall ensure that all policy manuals are kept up-to-date.

Legal Reference:        26 MRSA § 965.1,C

Adopted:            March 12, 1987

Revised:            October 19, 2000

Revised:              May 16, 2013

NEPN/NSBA Code:  BGF

SUSPENSION OF POLICY

In the event of unusual circumstances, any section or sections of Board policies, including its own operating procedures, may be suspended by a majority vote of Board members present at any regular or special meeting.  This does not apply to any section of a Board policy which is established by law, regulation or contract.

Adopted:        October 19, 2000

Revised:          May 16, 2013

NEPN/NSBA Code:  CA

ADMINISTRATIVE GOALS

The administration of the schools is responsible, within the guidelines established by Board policy, for directing the school programs and supporting staff and students to meet the school unit’s educational goals.

The Board shall rely on its chief executive officer, the Superintendent, to provide the professional leadership for the administration.

Administrative organization is designed with all schools as part of a single school unit subject to Board policies implemented through the Superintendent.  All administrators are expected to administer their school or area of responsibility in accordance with Board policy and administrative procedures.  However, the mere execution of directives is not construed as effective administration.  Vision, initiative, resourcefulness, leadership, and consideration and concern for staff members, students and parents are essential to effective administration of the schools.

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        June 6, 2013

                                                                                                NEPN/NSBA Code:  CB

SCHOOL SUPERINTENDENT

A primary function of the Board of Directors is to select a Superintendent of Schools.  To select a Superintendent, a majority vote of all members of the Board shall be required.  The Board may award a contract of up to five years in accordance with the laws of the State of Maine.  

The Superintendent shall be executive officer of the Board.  In addition, under Maine statutes he/she shall serve as secretary ex officio to the Board.  He/she shall attend all meetings and have the right to speak on all subjects, but shall have no vote.

The Superintendent shall administer and supervise the public educational system of the town.  He/she shall have discretionary authority, subject to later approval by the Board, to act upon all emergency matters and those as to which his/her power and duties are not specifically set forth or limited.

The Superintendent shall devote his/her entire working time to the duties of the position.  He/she may, without violation of the provisions of this section, perform educational functions outside the town with the approval of the Commissioner of Education and the Board.

Legal Reference:        20-A MRSA §§ 1001, 1053

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        June 6, 2013

NEPN/NSBA Code:  DA

FISCAL MANAGEMENT GOALS/PRIORITY OBJECTIVES

The Board recognizes that money and money management comprise the foundational support of the whole school program.  To make that support as effective as possible the Board intends:

A.        To encourage advance planning through the best possible budget procedures;

B.        To explore all practical and legal sources of dollar income;

C.        To guide the expenditure of funds so as to achieve the greatest educational returns;

D.        To require maximum efficiency in accounting and reporting procedures; and

E.        To maintain a level of per student expenditure needed to provide high quality education.

As trustee of local, state and federal funds allocated for use in education, the Board has the responsibility to protect the funds and to use them wisely.

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        June 20, 2013

NEPN/NSBA Code:  DB

ANNUAL BUDGET

The Board recognizes that financial resources and the proper management of same are fundamental to the support of school programs and operations.  With this in mind, the Board will develop and present an annual operating budget as directed by applicable laws.

The annual budget will be for a 12-month period covering the fiscal year July 1 through June 30.

The Board shall designate the Superintendent as its budget officer, but he/she may delegate portions of such responsibility as appropriate.  The three general areas of responsibility of the budget officer are budget preparation, budget presentation and budget administration.

Legal Reference:        20-A MRSA § 1301

                        20-A MRSA § 15617 et seq.

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        June 20, 2013

NEPN/NSBA Code:  DBG

BUDGET ADOPTION PROCESS

Adoption of the annual budget is to be accomplished prior to June 30 for the fiscal year beginning July 1.  The Superintendent shall be responsible for developing a complete calendar of budget process deadlines.

The budget shall include, in addition to operating expenses and expected income for the ensuing year, the sums required for meeting bonds falling due, interest on the bonds and on other obligations, rentals and other fixed charges.  These proposals shall be thoroughly explained and voters shall be given an opportunity to be heard.  Only those amounts pertaining to operating expenses, reserve or contingency funds, or capital outlay expenditures shall be subject to change by the voters.

Legal Reference:  20-A MRSA §§ 1304 et seq., 15617 et seq.

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        June 20, 2013

NEPN/NSBA Code:  DFA

REVENUES FROM INVESTMENT

The Superintendent shall have authority to invest district funds.

Adopted:          March 12, 1987

Revised:           October 19, 2000

Revised:          June 20, 2013

NEPN/NSBA Code:  DGA

AUTHORIZED SIGNATURES

The Superintendent shall be authorized to sign all school unit checks.  

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        June 20, 2013

                                                                       NEPN/NSBA Code:  DJH

PURCHASING AND CONTRACTING: PROCUREMENT

STAFF CODE OF CONDUCT

Conflict of Interest

                All employees of MSAD #60 shall perform their duties in a manner free from conflict of interest to ensure that the school unit’s business transactions are made in compliance with applicable laws and regulations and in a manner that maintains public confidence in the schools.

                 No employee of MSAD #60 shall participate in the selection, award or administration of a contract supported by federal funds or in any other transaction in which the school unit is a party if he/she has a real or apparent conflict of interest in the transaction.

                A conflict of interest would arise when the employee or any member of his/her immediate family, his/her (business) partner, or an organization that employs or is about to employ any of these parties has a financial or other interest in the firm selected for the award. For the purpose of this policy, “immediate family” is defined as spouse, brother, sister, parent, son or daughter.  

Conflict of Interest Disclosure

                All employees with real or apparent conflicts of interest as defined above must disclose the conflict of interest to the Superintendent who will investigate the circumstances of the proposed transaction.  The Superintendent will exercise due diligence in investigating the circumstances of the transaction and, if necessary, will make reasonable efforts to find alternatives to the proposed transaction or arrangement that would not give rise to a conflict of interest.  If the Superintendent determines that the proposed transaction is in the best interest of MSAD #60 and is fair and reasonable, he/she may proceed with the transaction.  In the event that the Superintendent may have a conflict of interest, an ad hoc subcommittee of the Board will investigate and make a determination regarding the transaction.

Staff Gifts and Solicitations

MSAD #60 employees are prohibited from accepting money or things of material value from persons or entities doing business with, or desiring to do business with, the school unit.  Employees may accept unsolicited items of nominal value such as those that are generally distributed by a company or organization through its public relations program.

                Employees of MSAD #60 who violate this code of conduct may be subject to discipline, up to and including termination of employment and, if appropriate, referral to law enforcement.

Dispute Resolutions

A bidder or respondent to a request for a proposal (RFP) may protest a procurement or contract award if he/she believes that it was made in a manner inconsistent with Board policy, specifications, or law or regulations.  A protest must be submitted to the Superintendent in writing within five business days after receipt of notification of the award being made, with all documents supporting the protest.

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The Superintendent shall review the protest and supporting documents and render a decision in writing within 20 business days of receipt of the protest.  The Superintendent may also convene a meeting with the bidder or respondent to attempt to resolve the problem.

If the bidder or respondent is not satisfied with the Superintendent’s decision, he/she may appeal to the Board.  The Superintendent will provide reasonable notice to the bidder or respondent of the time for the Board’s consideration of the protest.  The Board’s decision shall be final.

Legal Reference:           34 CFR 74.40-74.48; 80.36 (Education Department General

Administrative Regulations (EDGAR)

                Commissioner’s Administrative Letter No. 6, June 18, 2006 (Fiscal Compliance)

Cross Reference:          BCB - Board Member Conflict of Interest

                                        DJ - Bidding/Purchasing Requirements

                                        GBI - Staff Gifts and Solicitations

                                        KCD - Public Gifts/Donations to the Schools

Revised:                   October 13, 2016

Page 2 of 2

NEPN/NSBA Code:  DN

SCHOOL PROPERTIES DISPOSITION

The Superintendent is authorized to determine, through procedures he/she develops, when personal property (supplies, materials, equipment), as distinguished from real property, is obsolete or no longer of use to the school unit and to declare it surplus.

The Board is to be informed of any property declared surplus by the Superintendent prior to its disposal.  Procedures for disposal of all surplus personal property shall be in accordance with the following:

A.        All member municipalities are to be informed in writing of property declared surplus and are to have first option to purchase.  The charges for municipal purchases shall be determined by the Superintendent after consultation with the Board.

B.        Surplus property, including books, to be offered for sale shall be disposed of by sealed bid, public auction, or public sale.  Public notice of any sale of surplus property shall be given at least one week in advance of an auction, sale or opening of sealed bids.

C.        Library books, textbooks and instructional materials are to be disposed of by a means most likely to offer promise of continuing educational benefit, first to citizens of the school unit, then to others.

D.        Any surplus property which is offered for sale and is not sold may be disposed of in a manner deemed advisable by the superintendent, including donation to non-profit agencies.

E.        Any property determined to be worthless, or for any reason is considered to be inappropriate for sale, shall be disposed of in a manner the Superintendent deems appropriate after so informing the Board, with recycling as a priority where feasible.

F.        Any school unit identification that has been applied to the surplus property shall be removed or, if not possible to remove, be further identified to indicate the intended disposition and surplus nature (i.e., “SOLD BY”, “SURPLUS”).

All revenues which result from the sale of surplus property shall be credited as miscellaneous income except in any instance where law requires that it be credited to a specific account.

Legal Reference:        20-A MRSA § 7

Adopted:        October 19, 2000

Revised:        June 20, 2013

Revised:        June 18, 2015

NEPN/NSBA Code:  EBAA

CHEMICAL HAZARDS

The Board is committed to providing a safe environment for students and employees. It is the policy of the MSAD #60 Department to follow safe practices in regard to the storage and handling of hazardous chemicals in its schools. The school unit will comply with all applicable Maine and federal laws and regulations concerning hazardous chemicals.

The Superintendent/ designee has responsibility for the safe handling and storage of hazardous chemicals in schools, the development of required written plans, the designation of a Chemical Hygiene Officer, and ensuring that staff is trained with respect to chemical hazards found in the workplace. Written plans shall include information regarding proper purchasing, labelling, storage, training, handling, and disposal of hazardous chemicals.

The Superintendent will appoint an employee of the school unit as Chemical Hygiene Officer for the MSAD #60 School Department. The Chemical Hygiene Officer will be responsible for developing and implementing a Chemical Hygiene Plan, to be reviewed annually, that includes procedures relevant to the identification, purchase, storage, inventory, handling, and disposal of hazardous chemicals used in science laboratories; maintenance of safety data sheets (SDS) for laboratory chemicals; and ensuring that employees with science/laboratory responsibilities are provided appropriate training on the specific hazards associated with the chemicals being used in school laboratories and how to read the SDS for these chemicals. The person appointed Chemical Hygiene Officer must be an employee of the MSAD #60 School Department, preferably a science teacher or another staff member who is knowledgeable about the chemicals being used in school laboratories and stored in the schools.

HAZCOM (HAZARD COMMUNICATION) STANDARDS

The school unit will comply with OSHA’s Hazard Communication standard 29 CFR 1910.1200, as adopted and enforced by the Maine Department of Labor, which requires a written hazard communication (HazCom) plan, including a listing of chemicals being used in the schools; training of employees that handle these chemicals; and, for all employees, where safety data sheets (SDS) are located, and how to read them. This standard applies to hazard communications for hazardous chemicals such as those used in cleaning and disinfection, which may be found in custodial and food service areas, among other locations.

A.        MSAD #60 will obtain SDS (Safety Data Sheets) for all hazardous chemicals utilized in the school unit.  Copies of the SDS will be available for inspection during regular business hours in each building where the chemicals are used.

B.        SDS will be reviewed and updated on an annual basis by the building administration.

C.        SDS for new products put into use in MSAD #60 will be reviewed and employees who may be exposed to the product shall receive appropriate training as necessary.

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Employee Training and Information Program

A.        All employees who may be exposed to hazardous chemicals shall be given a list of hazardous chemicals utilized in MSAD #60 and a copy of this policy.

B.        All employees whose work involves hazardous chemicals are required to attend a training program before commencing work.  Training will also be provided whenever a new chemical the employees have not been trained on is introduced into their work area.  Employee attendance at each required training program must be documented.

C.        MSAD #60’s training program shall be conducted in compliance with applicable laws/regulations and include the following elements at a minimum:

1.        An explanation of applicable laws and/or regulations;

2.        Identification of work/storage areas where hazardous chemicals are present:

3.        Description of methods for detecting the presence or release of hazardous chemicals in work/storage areas;

4.        Explanation of potential health problems associated with hazardous chemicals in the workplace;

5.        Explanation of how to read an SDS, product labels and other documents related to hazardous chemicals and where in the facility the SDS may be found;

6.        Explanation of methods to protect employees from hazardous chemicals, including the purpose, proper use and limitations of personal protective equipment; and

7.        Explanation of emergency procedures.

Purchase of Hazardous Chemicals

MSAD #60 will establish a Hazardous Chemical Screening Process for the review and approval of purchases of hazardous chemicals needed for instructional and service purposes.  The process will be implemented under the supervision of the Superintendent/designee, in consultation with school employees in areas in which hazardous chemicals are to be used.

Requests for purchases of hazardous chemicals shall include at least the following information:

1.        The common and chemical name of the chemical;

2.        The amount of the chemical needed for the year;

3.        The storage requirements, instructional use and waste disposal procedures for the chemical; and

4.        The amount and age of any existing quantities of the chemical.

MSAD #60 shall order quantities that are expected to be fully consumed under normal conditions within two years of purchase, or if the hazardous chemical has a shelf life of less than two years, a quantity that is expected to be consumed within the shelf life period.

Storage of Hazardous Chemicals

Hazardous chemicals will be stored in accordance with specifications described in SDS and with applicable laws and regulations.

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All hazardous chemicals and products shall be labeled as required by law/regulations.  Containers that are not properly labeled shall not be allowed in MSAD #60.

LABORATORY SCIENCE CHEMICALS

The school unit will comply with OSHA standard 29 CFR 1910.1450, as adopted and enforced by the Maine Department of Labor, which addresses science laboratory chemicals. This standard applies to science laboratory chemicals commonly found in chemistry and biology laboratories in schools.

Product Disposal

MSAD #60 shall dispose of hazardous chemicals properly.  When required by law/regulations, hazardous chemicals shall be disposed of through an agency licensed by the State.  When it is necessary to store hazardous chemicals prior to removal from school property, storage shall be in an approved tank or building.

Annual Review

This policy shall be reviewed by the Superintendent/designee on an annual basis.

Legal Reference:        29C.F.R. §1910.1200

                        26 M.R.S.A. §565

                        Me. Reg. Ch. 2 §12-179

                        Me. Reg. Ch. 161 (Dept. of Ed. Rule)

Cross Reference:        EBCA – Crisis Response Plan

Adopted:        January 2, 2003

Revised:         October 18, 2018        

Page 3 of 3

NEPN/NSBA Code:  EBCA

CRISIS RESPONSE PLAN

The School Board hereby adopts the MSAD #60 Crisis Response Plan.  The Superintendent and building administrators shall be responsible for ensuring that the plan is implemented in each school and evaluated annually.  It is understood that specific procedures may vary from school to school due to differences in school facilities and the ages of students.  Any substantive changes in the plan shall be subject to the approval of the Superintendent.

Adopted:        October 19, 2000

Revised:         November 7, 2013

NEPN/NSBA Code:  EBCC

BOMB THREATS

The Board recognizes that bomb threats are a significant concern to M.S.A.D. #60.  Whether real and carried out or intended as a prank or for some other purpose, a bomb threat represents a potential danger to the safety and welfare of students and staff and to the integrity of school property.  Bomb threats disrupt the instructional program and learning environment and also place significant demands on school financial resources and public safety services.  These effects occur even when such threats prove to be false.

Any bomb threat will be regarded as an extremely serious matter and be treated accordingly.  The Board directs the Superintendent to react promptly and appropriately to information concerning bomb threats and to initiate or recommend suitable disciplinary action.

A.        Conduct Prohibited

No person shall make, or communicate by any means, whether verbal or non-verbal, a threat that a bomb has been, or will be, placed on school premises.  Because of the potential for evacuation of the schools and other disruption of school operations, placement of a bomb or of a “look-alike” bomb on school premises will be considered a threat for the purpose of this policy.

B.        Definitions

1.        A “bomb” means an explosive, incendiary or poison gas bomb, grenade, rocket, missile, mine, “Molotov cocktail” or other destructive device.

2.        A “look-alike bomb” means any apparatus or object that conveys the appearance of a bomb or other destructive device.

3.        A “bomb threat” is the communication, by any means, whether verbal or nonverbal, that a bomb has been, or will be, placed on school premises, including possession or placement of a bomb or look-alike bomb on school premises.

4.        “School premises” means any school property and any location where any school activities may take place.

C.        Development of Bomb Threat Procedures

The Superintendent/designee shall be responsible for developing and implementing procedures specific to bomb threats as part of M.S.A.D. #60’s Crisis Response Plan.  These procedures are intended to inform administrators and staff of appropriate protocols to follow in the event that a bomb threat is received and should include provisions to address:

1.        Threat assessment (for the purpose of identifying a response that is in proportion to the threat, in light of what is necessary to ensure safety);

2.        Building evacuation and reentry (including selection of potential alternative sites for those who are evacuated);

3.        Incident “command and control” (who is in charge, and when);

4.        Communications contacts and mandatory bomb threat reporting;

5.        Parent notification process;

6.        Training for staff members; and

7.        Support services for students and staff.

                                                                                                        Page 1 of 3

The initial bomb threat procedure will be subject to approval by the Board.  The Superintendent/designee will be responsible for overseeing a review or evaluation of bomb threat procedures prior to the Board’s required annual approval of the school unit’s Crisis Response Plan, or following implementation of the procedure in response to a specific threat.

D.        Reporting of Bomb Threats

A student who learns of a bomb threat, the intention of a bomb threat, or the existence of a bomb on school premises must immediately report such information to the building principal, teacher, the School Resource Officer or other employee in a position of authority.

An employee of M.S.A.D. #60 who learns of a bomb threat, or the intention to make a bomb threat, shall immediately inform the building administrator.  The building administrator shall immediately take appropriate steps to protect the safety of students and staff in accordance with the school unit’s bomb threat procedure, as developed under Section C, and inform the Superintendent of the threat.

All bomb threats shall be reported immediately to the local law enforcement authority, as provided in the bomb threat procedures.

The Superintendent shall be responsible for reporting any bomb threat to the Department of Education within two business days of the incident.  Reports will include the name of the school, the date and time of the threat, the medium used to communicate the threat, and whether or not the perpetrators have been apprehended.

E.          Student Disciplinary Consequences

Making a bomb threat is a crime under Maine law.  Any student suspected of making, intending to make or participating in a bomb threat shall be reported to law enforcement authorities for investigation and possible prosecution.  Apart from any penalty imposed by law, and without regard to the existence or status of criminal charges, a student who makes a bomb threat shall be subject to disciplinary action by the school.

The administration may suspend and/or recommend for expulsion any student who violates this policy.  Such violation will be considered deliberately disobedient and deliberately disorderly within the meaning of 20-A M.R.S.A. subsection 1001(9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school.

In addition, a student who is found after hearing by the Board to have brought a bomb to school, shall be expelled from school for at least one year in accordance with 20-A M.R.S.A. subsection 1001(9-A) and Policy JICIA, except that the Superintendent may modify the requirement for expulsion based on individual circumstances.

A student who has been identified through the IEP process as having a disability and whose conduct in violation of this policy is related to the disability shall be disciplined as provided in Policy JKF.

F.        Aiding Other Students in Making Bomb Threats

A student who knowingly encourages, causes, aids or assists another student in making or communicating a bomb threat shall be subject to the disciplinary consequences described in Section E of this Policy.

G.        Failure to Report a Bomb Threat

                                                                                                        Page 2 of 3

A student who fails to report information or knowledge of a bomb threat or the existence of a bomb or other destructive device in a school building or on school property may be subject to disciplinary consequences, which may include suspension and/or expulsion.

H.        Staff Disciplinary Consequences

An M.S.A.D. #60 employee who makes or communicates a bomb threat will be reported to appropriate law enforcement authorities and will be subject to disciplinary action up to and including termination of employment.  Disciplinary action taken shall be consistent with collective bargaining agreements, other employment agreements and Board policies.

An M.S.A.D. #60 employee who fails to report information or knowledge of a bomb threat or the existence of a bomb on school premises will be subject to discipline up to and including termination of employment.

I.        Civil Liability

M.S.A.D. #60 reserves the right to bring suit against any individual responsible for a violation of this policy and to seek restitution and other damages as permitted by law.                                                

J.        Lost Instructional Time

Instructional time lost as a result of a bomb threat will be rescheduled at the earliest appropriate (or practicable) opportunity, as determined by the Board.

Time lost may be rescheduled on a weekend or vacation day, or after what would normally be the last day of the school year, except on days when schools must be closed as required by law.

K.        Notification Through Student Handbooks

All student handbooks shall address M.S.A.D. #60’s bomb threat policy and procedures and explain the educational consequences of bomb threats.  In addition, student handbooks shall notify students and parents that bomb threats violate board policy and civil and criminal law.

Legal References:                18 U.S.C. subsections 921; 8921

                                17-A M.R.S.A. subsection 210

                                20-A M.R.S.A. subsections 263; 1001(9); 1001 (9-A);

                                1001(17); 1001(18)

Cross References:                EBCA – Crisis Response Plan

                                JKD - Suspension of Students

                                JKE – Expulsion of Students

                                JKF – Suspension/Expulsion of Students with Disabilities

                                JICIA – Weapons, Violence and School Safety

Adopted:        September 22, 2005

Revised:          December 5, 2013

Page 3 of 3

NEPN/NSBA Code:  ECB

PEST MANAGEMENT IN SCHOOL FACILITIES AND ON SCHOOL GROUNDS

The Board recognizes that structural and landscape pests can pose significant problems for people and school unit property, but that use of some pesticides may raise concerns among parents, students and staff.  It is therefore the policy of MSAD #60 to incorporate Integrated Pest Management (IPM) principles and procedures for the control of structural and landscape pests.  A copy of this policy shall be kept in every school and made available upon request to staff, parents, students and the public.

IPM is a systematic approach to pest management that combines a variety of methods for managing pests including monitoring; improved horticultural, sanitation and food storage practices; pest exclusion and removal; biological control; and pesticides.

For the purpose of this policy, "pests" are populations of living organisms (animals, plants or microorganisms) that interfere with use of school facilities and grounds.  "Pesticide" is defined as any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pests and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

The objective of the school unit's IPM program is to provide effective pest control while minimizing pesticide use.  The goals of the IPM program include managing pests to reduce any potential hazards to human health; preventing loss or damage to school structures or property; preventing pests from spreading beyond the site of infestation to other school property; and enhancing the quality of life for students, staff and others.

The Superintendent and/or designee shall develop and implement a Pest Management Plan consistent with the following IPM principles and procedures:

A.          Appointment of an IPM Coordinator

        The Superintendent/designee will appoint an IPM Coordinator for the school unit.  The IPM         Coordinator will be the primary contact for pest control matters and will be responsible for overseeing the implementation of the IPM plan, including making pest control decisions.

        The IPM Coordinator will consult with the building principal and/or Superintendent before a         decision is made to do a pesticide application for which notice is required and before providing notification of the planned application.

The IPM Coordinator's responsibilities may include:

1.        Recording and monitoring data and pest sightings by school staff and students;

2.        Coordinating pest management with pest control contractors;

3.        Recording and ensuring that maintenance and sanitation recommendations are carried out where         feasible;

4.        Ensuring that any pesticide use is done according to the school unit's Pest Management Plan and         Chapter 27 Me. Dept. of Agriculture Board of Pesticides Control Rules ("Standards for Pesticide         Applications and Public Notification in Schools");

5.        Making the school system's pest management policy available in every school building;

6.        Having available for parents and staff a copy of the Maine regulation pertaining to pesticide         applications in schools (Chapter 27 Me. Dept. of Agriculture Board of Pesticides Control         "Standards for

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Pesticide Applications and Pesticide Notification in Maine Schools") and a record        of prior pesticide applications and information about the pesticide used.                                                                

7.        Initiating and coordinating notification of parents and staff of pesticide applications according to         the school unit's notification procedure and posting notification signs as appropriate; and

8.        Recording all pesticides used by either a professional applicator or school staff and maintaining         other pest control data.

B.        Identification of Specific Pest Thresholds

        Routine inspection and accurate information of pests are needed to recognize potential problems         and determine when action should be taken.

        Action thresholds for specific sites will be determined on a case-by-case basis by the IPM         Coordinator in consultation with the building principal and/or Superintendent, and if necessary,         with the advice of a professional pest control expert.

        As pest management objectives will differ from site to site (e.g.: maintaining healthy turf and         specific playing surfaces on athletic fields, carpenter ant control in buildings, or maintenance of         ornamental plants), differences should be considered before setting an action threshold.

C.        Pesticide Applicators

        Any person that applies pesticides in school buildings or on school grounds, including school         personnel, must process a Maine pesticide applicators license and should be trained in the principles and practices of IPM.  All pesticide use must be approved by the school unit's IPM Coordinator.  Applicators must follow state regulations and label precautions and must comply with the IPM policy and pest management plan.        

D.        Selection, Use and Storage of Pesticides

        Pesticides should be used only when needed.  Non-chemical pest management methods will be         implemented whenever possible to provide the desired control.  The choice of using a pesticide         will be based on a review of other available options (sanitation, exclusion, mechanical means,         trapping, biological control) and a determination that these options have not worked or are not feasible.  When it has been determined that a pesticide must be used to achieve pest management         goals, the least hazardous effective pesticide should be selected.  Application should be conducted in a manner that, to the extent practicable should be selected.  Application should be conducted in a manner that, to the extent practicable using currently available technology, minimizes human risk.

        Decisions concerning the particular pesticide to be used and the timing of pesticide application should take into consideration the use of the buildings or grounds to be treated.

        Pesticide purchases should be limited to the amount expected to be used for a specific application or during the year.  Pesticides will be stored and disposed of in accordance with label directions and state and federal regulations.  Pesticides must be stored in an appropriate, secured location not accessible to students or unauthorized personnel.

E.        Notification of Students, Staff and Parents of Use of Pesticides

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A notice will be provided to staff, students and parents within the first two weeks of the school year         

briefly explaining the school unit's IPM/pesticide use policy including provisions for notification to parents and staff of specific planned pesticide applications in school buildings or on school grounds.

        When required by regulations, the school will notify staff, students and parents/guardians at least         five days in advance of planned pesticide treatments in the school or on school grounds, including playgrounds and playing fields.

        When required by regulations, signs will be posted at each point of access to the treated area and         in a common area of the school at least two working days prior to the application and for at least 48 hours following the application in accordance with applicable Maine Board of Pesticides Control regulations.

F.        Recordkeeping

        When a pesticide has been used, record pertaining to the application including labels and         material safety data sheets will be maintained at the school site for two years following application.  Records are to be completed on the day the pesticide is applied.  Pest surveillance records should be maintained to verify the need for pesticide treatments.

Legal Reference:        7 MRSA subsection 601-625

                        22 MRSA subsection 1471 - 1 -1471 -X

                        Ch. 27 Me. Dept. of Agriculture Board of Pesticide Control

                        Rules (Standards for Pesticide Application and Public Notification in Schools)

Cross Reference:        EBAA - Chemical Hazards

Adopted:        October 16, 2003

Amended:        January 30, 2014

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NEPN/NSBA Code:  ECE

TRAFFIC AND PARKING CONTROLS

Driving and parking on school property are privileges granted by the Board of Directors to persons who have reasons to be in the schools or on school property.

The Superintendent/designee, in cooperation with local public safety officials, shall develop a plan to accommodate the flow of traffic on school roadways and appropriate traffic regulations.

The Superintendent/designee is responsible for assigning parking areas for staff, students and visitors to the schools and for developing appropriate parking regulations.

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        January 30, 2014

MATERIAL RESOURCES MANAGEMENT

Proper management of the school unit’s materials, supplies and equipment—both instructional and non-instructional—is the general responsibility of the Superintendent.  The Superintendent may delegate particular resource management duties as he/she deems appropriate.

The Superintendent shall establish procedures as necessary for the proper control of materials, supplies and equipment.  Controls shall include an inventory system, maintenance records and records of materials/equipment assigned to students or staff members for personal use.  Staff and students are expected to exhibit reasonable care for school property issued for their use.

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        January 30, 2014

NEPN/NBSA Code:  EDC

USE OF DISTRICT VEHICLES AND EQUIPMENT

I.  Use of District owned vehicles

District-owned vehicles shall be for official use only and shall be properly marked.  Vehicles owned by the district may not be used for personal purposes. There are employees who are authorized to commute to and from work in a district vehicle for bona fide noncompensatory business reasons.  Each employee having the use of such a vehicle shall have included in his or her gross income a value for commuting as required by law.

II.  Use of Tools and Equipment

Personal or commercial use of school property and equipment on or off district premises is prohibited.

School and district equipment, including tools, computers, copiers, fax machines, and other technical equipment shall be operated only by authorized personnel for education-related purposes.

1. Copy machines may not be used for any volume work that is not school or district related.  Employees may use district copy machines to make a maximum of five (5) copies for non-school use provided that the copies are made outside of contract hours and paid for at the standard commercial rate.

2.        Employees shall not produce personal materials using school or district equipment without express authorization in writing from the principal or immediate supervisor.  The employee making the request for use of district equipment accepts full and unconditional responsibility for any equipment damage and/or loss and will reimburse the district within a reasonable time for the applicable repair/replacement cost. All authorized personal use of equipment by employees shall take place outside of regular contract hours.

3.         Incidental personal use of computers/laptops is permitted per policy GCSA Employee Computer and Internet Use Policy and policy GCSA Employee Computer and Internet Use Policy Rules.

A. Employees using District tools and equipment must use all safety devices associated with any tool or piece of equipment and observe OSHA regulations.

B. The employee is to use tools and equipment in an appropriate and safe manner.

C. The employee will report any problems to the supervisor and abide by any maintenance schedules.

D. Reckless use, deliberate abuse, or sabotage of District tools or equipment is prohibited and will subject the offender to disciplinary actions.

Adopted:        September 24, 2009

NEPN/NSBA Code:  EE

TRANSPORTATION SERVICES MANAGEMENT

The school unit shall provide transportation services for elementary and secondary students in accordance with Board policies and applicable laws.  The major priorities of the school unit’s transportation program are to provide safe, comfortable transportation for students in the most efficient and economical manner feasible.

BUS ROUTES:

a.        Bus routes will be limited to State and accepted town roads, which are properly maintained and approved for safe bus travel by the Transportation Director.  All roads must have a suitable turnaround.

LIMITATION OF ACCESS:

a.        MSAD #60 buses shall not enter any public or private way that is determined to be unsafe for bus passage or does not provide adequate turnaround facilities.

b.        The road shall be capable of allowing two vehicles to pass each other safely under all weather conditions with a minimum of a 15 foot wide traveled way.

c.        The road must be continuously maintained and failure to maintain the road which causes more than normal abuse of vehicles will result in suspension of services until the road is restored to a drivable condition in the judgment of school officials.

REMOTE LOCATION:

If a student resides in a location removed from and inaccessible to schools or a public highway, the student's parents shall be responsible for providing transportation to a public highway or responsible for paying board for the student to be within walking distance of a school.  Failure of a parent to provide transportation or board shall be considered a violation of the truancy law.  (Title 20 Chapter 215)

Legal Reference:        20-A MRSA § 5401 Chapter 215

Cross Reference:        EEA – Student Transportation Services

                        EEAEA – Student Transportation Employee Requirements, Training

                                and Responsibilities

Adopted:        March 12, 1987

Revised:        October 19, 2000

Revised:        March 1, 2007

Revised:        January 30, 2014

NEPN/NSBA Code:  EEA

STUDENT TRANSPORTATION SERVICES

The Board will provide transportation for all students living beyond a reasonable distance from their school or from a scheduled bus stop as the board has determined.  This distance is defined as one-half of a mile.

Distance shall be measured by the shortest public road from the residence to the bus stop or school door.  In cases questioned, distance will be measured and established by the Superintendent.

BUS STOPS:

a.        Bus stops will be designated for groups of students living near each other.  Students in grades 6-12 will not be required to walk more than .5 tenths of a mile along a bus route to a bus stop.

b.        Students in grades 1-5 will not be required to walk more than .3 tenths of a mile along a bus route to a bus stop.

c.        Kindergarten students will be picked up along the bus route at the closest point to their home.

d.         Authorized bus stops will be located so as to load and unload students with the most safety allowed by road conditions.  The distance between stops may vary according to safety factors.  If possible, students will be loaded and unloaded so that it is not necessary for them to cross a main highway to reach their homes.

e.        Buses will be provided by the district to accommodate after school activities as approved by the Superintendent.  The routes will not replicate normal runs, but rather provide service to designated stops within each town. Late buses may not accommodate the needs of all students.  It will be the responsibility of the parents or childcare provider to arrange transportation for students who need a stop outside the late bus route.

f.        Bus stops will be determined each year  by the Transportation Director after consulting with the driver.  Requests for exceptions to routine bus stops may be made in writing to the Transportation Director.  The Transportation Director (or designee) will review the request and provide a written decision within 10 days of receipt of request.  Appeals to the MSAD #60 Superintendent on the Transportation Director’s decision can be made by submitting a written request within 10 days of receiving the Transportation Director's decision.  All decisions rendered by the Transportation Director shall remain in effect unless changed by the Superintendent.  The decision made by the Superintendent shall be final.

g.        It is the responsibility of the parent or caregiver to have the student at the bus stop five minutes prior to the scheduled arrival of the bus.

h.        A caregiver is defined as a person/persons providing care to children other than their own that will require transportation to and/or from school.

EXCEPTIONS:

Exceptions to the above distance shall be made for the following reasons only:

a.        Health

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Exceptions to established walking distances may be made for students with disabilities as required by their IEP.  

Exceptions may also be made to accommodate a student’s need for transportation with written documentation from the student’s physician.

b.        Kindergarten Students

No kindergarten student will be left "unattended" at a bus stop.  "Unattended" is defined as "not in the custody of a parent, guardian or older sibling."  In cases where the student would be "unattended" the bus driver will keep the student on the bus and request further instruction from the Transportation Director or his/her designee.

c.        Hazardous Walking Conditions

Hazardous walking conditions shall be defined as those which would place a child of a given age in a situation of greater than normal or average danger.  Age shall be considered in making this decision.  Safety, not sidewalks, will be the determining factor.  The Transportation Director will decide when transportation will be provided under the hazardous walking conditions provision.

ASSIGNMENT OF BUSES:

a.        In order to properly assign students and avoid unnecessary overcrowding on the buses, it will be the responsibility of the caregiver (i.e. daycare provider), prior to the start of each school year, to provide a list in writing, of all students who will require transportation to and/or from school to the Transportation Director. A routine bus route will be established for each student.   The Transportation Office shall be notified of any and all changes.

b.        Each student riding a school bus shall always ride from the designated bus stop to school and from school to the designated bus stop.  Deviations from the routine will only occur for emergency purposes.  (See examples on Bus Route link on district website)

c.        For scheduled early release days and events which may lead to any early dismissal, parents must have provisions for daycare already in place.

d.        Bus drivers shall not permit any person, other than a pupil, teacher, school administrator, mechanic, police officer or emergency personnel to enter or ride the bus without consent of the Transportation Director.

PASSENGER SAFETY:

a.        MSAD #60 will make every effort to accommodate the needs of students, however over-sized object such as, large instruments, large school projects, skateboards, skis, etc. will only be allowed when, in the judgment of the driver, there is sufficient space to transport them safely.  Large objects in the laps of students or in the aisles can lead to the possibility of student injury from the objects becoming airborne or causing the passive restraint system to not function as designed.

b.        Student use of personal and district-owned electronic devices is at the discretion of the driver.

c.        The use of cameras, including camera phones, is strictly prohibited on the bus.        

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Legal Reference:        20-A MRSA § 5401

Cross Reference:        JICC – Student Conduct on School Buses

Adopted:        November 21, 2002        

Revised:        March 1, 2007

Revised;         March 13, 2014

Page 3 of 3

NEPN/NSBA Code:  EEAEAA

DRUG AND ALCOHOL TESTING OF SCHOOL BUS DRIVERS

In accordance with the federal Omnibus Transportation Employee Testing Act of 1991, in addition to other pertinent state and federal laws promulgated to effectuate a drug and alcohol free workplace, the Board of Directors is committed to an alcohol and controlled substance testing program for school bus drivers, in addition to any other employees who drive vehicles to transport eight (8) or more passengers, including the driver.

The purpose of the testing program shall be to help prevent accidents, injuries and deaths resulting from the misuse of alcohol and controlled substances by drivers performing safety-sensitive functions.  The Superintendent shall be responsible for the implementation of an alcohol and drug testing program consistent with federal regulations and may, from time to time as he/she may deem necessary, revise administrative procedures to ensure ongoing compliance with federal/state mandates.

Legal References:        49 CFR Part 382

                        26 MRSA §§ 681(8)(B); 685(2); 689

Adopted:        December 21, 1995

Revised:        October 19, 2000

Revised:         March 6, 2014

                                                                                NEPN/NSBA Code:  EEAEAA-R

DRUG AND ALCOHOL TESTING OF SCHOOL BUS DRIVERS

ADMINISTRATIVE PROCEDURE

The Board of Directors is committed to the establishment of an alcohol and controlled substance testing program that meets all applicable requirements of the federal Omnibus Transportation Employee Testing Act of 1991, in addition to pertinent state laws and regulations.  The purpose of the testing program shall be to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by drivers performing safety-sensitive functions.

The following administrative procedure represents a summary of the main provisions found in federal regulations promulgated to effectuate drug and alcohol testing of bus drivers.  The following procedure in no way attempts to modify said regulations which should always be referred to when questions as to implementation of this policy/ procedure arise.  The complete text of the regulations is available in the MSAD #60 Central Office.

The Superintendent and Transportation Director are the designated Alcohol/Drug Testing Administrators.

I.        APPLICABILITY

            All persons operating a commercial motor vehicle in commerce in any state and subject to the commercial driver’s license requirements mandated under both federal and state laws, including the Omnibus Transportation Employee Testing Act of 1991, shall be subject to the drug and alcohol testing provisions herein contained.

II.        IMPLEMENTATION

             The Superintendent is responsible for implementing a drug and alcohol testing program which complies with procedures set forth in Title 49 Parts 40, 382, 390 and 395 of the Federal Code of Regulations.  Such testing program shall include pre-employment/pre-duty drug testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty and follow-up testing.  This school unit shall provide parties subject to testing with written notice of materials and information available to them as required by Part 382.

III.        CONTROLLED SUBSTANCES

            Controlled substances in this policy/procedure refer to those covered by the Omnibus Transportation Employee Testing Act of 1991, including marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP), and synthetics.

IV.        SAFETY-SENSITIVE FUNCTION

             Safety-sensitive function(s) in this policy/procedure refer to functions defined in 49 CFR §382.107 and §395.2 (On-Duty Time, paragraphs (1) through (6)).

V.        PROHIBITIONS

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All drivers subject to this policy shall be prohibited from:

A.        Using any alcohol while on duty and six (6) hours prior to going on duty;

B.        Possessing alcohol while on duty;

C.        Reporting for duty or remaining on duty while having an alcohol concentration of 0.01 or greater;

D.        Using any alcohol for eight (8) hours following an accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first;

E.        Refusing to submit to a required alcohol or controlled substance test(s);

F.        Reporting for duty or remaining on duty when using any controlled substance, except when use is pursuant to the instructions of a physician who advised the driver that the substance does not adversely affect the driver’s ability to safely operate the vehicle; and

G.        Reporting for duty, remaining on duty, or performing a safety-sensitive function, if the driver tests positive for a controlled substance.

VI.        REQUIRED TESTING

A.        Pre-Employment Testing.  Prior to the first time a driver performs a safety-sensitive function for the school unit, the driver shall undergo testing for controlled substances.  However, no driver shall be subjected to pre-employment controlled substance testing prior to having been offered a position.  Employment is conditioned upon a verified negative controlled substance test result.

B.        Post-Accident Testing.  As soon as practicable following an accident, each surviving driver will be subject to alcohol and controlled substance testing as follows:

1.        Any driver performing safety-sensitive functions with respect to the vehicle if the accident involved loss of human life;

2.        Any driver who receives a citation under State or local law for a moving violation arising from the accident; and

a.        Causes bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

b.        Should one or more motor vehicles incurring disabling damage as a result of the accident, require a motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

3.        In addition, the following provisions will also apply.

a.        Alcohol.  If a test required under this section is not administered within two (2) hours following the accident, the school unit shall prepare and maintain on file a record stating the reasons the test was not promptly administered.  If a test is not administered within eight (8) hours following the accident, the school unit shall cease attempts to administer the test and shall prepare and maintain the same record.  Records shall be submitted to the Federal Highway Administration (FHWA) upon request of the Associate Administrator.                                                                

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b.        Controlled Substances.  If a test required by this section is not administered within thirty-two (32) hours following the accident, the school unit shall cease attempts to administer the test and shall prepare and maintain on file a record stating the reasons the test was not promptly administered.  Records shall be submitted to the FHWA upon request of the Associate Administrator.

C.        Random Testing.  All drivers subject to this policy/procedure will be subject to random and unannounced alcohol and controlled substance testing throughout the year.  The minimum annual percentage rate for testing of bus drivers is as follows:

1.        Random alcohol testing shall be a minimum of 10 percent of the number of driver positions each selection period; and                        

2.        Random controlled substance testing shall be a minimum of 50 percent of the number of driver positions each selection period.

3.        The school unit conducts random testing for alcohol and/or controlled substances through a consortium with the Maine Motor Transport Association.  The number of drivers to be tested is based on the total number of drivers covered by the consortium who are subject to random testing at the same minimum annual percentage rate under 49 CFR Part 382 or any Department of Transportation random testing rule.

D.        Reasonable Suspicion Testing.  All drivers subject to this policy/ procedure shall submit to alcohol and controlled substance testing when a Program Administrator has reasonable suspicion to believe that the driver has violated the prohibitions found in Part V. of this procedure, with the exception of Part V. B. regarding alcohol possession.  The school unit shall base its determination that reasonable suspicion exists requiring the driver to undergo such testing on observations concerning appearance, behavior, speech or body odors of the driver.  When controlled substances are at issue, observations may include indications of the chronic and withdrawal effects of controlled substances.

In addition, the following provisions also apply.

1.        Alcohol.  Alcohol testing will be performed only if the aforementioned observations are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with this policy/procedure.  If a test required under this section is not administered within two (2) hours following the reasonable suspicion determination, the school unit shall prepare and maintain on file a record stating the reasons the test was not promptly administered.  If a test required under this section is not administered within eight (8) hours following a determination that reasonable suspicion exists, the school unit shall cease attempts to administer an alcohol test and shall state in the record reasons for not administering the test.  The school unit shall submit to the FHWA records of tests required by this section that were not completed within eight (8) hours according to the mandates of 49 CFR §382.307 (3).

2.        Controlled Substances.  The school unit shall, within twenty-four (24) hours or before the results of the controlled substances test are released, whichever is earlier, create a written record of the observations leading to a controlled substances test which shall be signed by the supervisor or school unit official making said observations.

E.        Return-to-Duty Testing.  Prior to returning to duty requiring the performance of safety-sensitive functions when a driver has engaged in conduct prohibited under this policy/procedure, the driver shall undergo a return-to-duty alcohol and/or controlled substances test(s) as appropriate.

                                                                                                        Page 3 of 6

           Drivers found to have engaged in prohibited conduct under the alcohol provisions of this policy/procedure will not be permitted to return to duty unless the subsequent alcohol test reveals a result less than or consistent with federal and state standards.  In cases involving controlled substances, a verified negative result is necessary before a driver may return to duty.

F.        Follow-up Testing.  In the event that a driver has been found to have been in violation of the prohibitions herein contained and is identified as requiring assistance in resolving problems associated with alcohol and/or controlled substances, the school unit shall require the driver to submit to at least six (6) unannounced follow-up alcohol and/or controlled substances tests during the first twelve (12) months after returning to duty.  Follow-up tests will be unannounced and may continue for up to sixty (60) months after returning to duty.  Follow-up alcohol testing shall be conducted only when the driver is performing, just before, or just after ceasing to perform safety-sensitive functions.

VII.        REFUSAL TO SUBMIT TO TESTING

All drivers who are required by federal regulations to submit to drug/alcohol testing must do so immediately upon being directed to submit to the test(s).  A driver’s refusal to submit to testing will subject the driver to immediate removal from the performance of safety-sensitive functions.  In addition, failure to comply with Federal regulations or this procedure is grounds for disciplinary action up to and including dismissal.  Any of the following actions on the part of a driver constitutes a refusal to submit to a test:

A.        Failure to provide adequate specimens/samples of substance(s) undergoing testing, including but not limited to breath and urine, without a valid medical reason;                                                                                                      

B.        Engaging in conduct which obstructs the testing process; and

C.        Refusal by an employee to complete and sign testing forms.

VIII.        TRAINING FOR SUPERVISORS

This school unit has assigned Program Administrators who are designated to determine whether reasonable suspicion exists to require a driver to undergo testing under Part 382, with at least sixty (60) minutes of training on alcohol misuse and receive at least an additional sixty (60) minutes of training on controlled substances.  Training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.

IX.        ENFORCEMENT

This school unit, in its independent authority as an employer, shall subject any driver who violates this policy/administrative procedure or Federal regulations to potential disciplinary action up to and including dismissal, except to the extent that any state or federal law requires otherwise or the Superintendent determines that compelling mitigating circumstances exist.

In addition, any driver who refuses to submit to a post-accident, random, reasonable suspicion, return-to-duty or follow-up test(s) shall not perform or continue to perform safety-sensitive functions.

Furthermore, no driver tested and found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions including driving a commercial motor vehicle until the start of the driver’s next regularly scheduled duty period, but not less than twenty-four (24) hours after the test was administered.                                                        

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X.        RECORDS

Employee drug and alcohol tests and results shall be maintained under strict confidentiality in a secure location with controlled access and released only in accordance with law.  A driver, upon written request, shall receive copies of any records pertaining to his/her use of drugs or alcohol, including any records pertaining to his/her drug tests.  Records shall be made available to subsequent employers or other identified persons only when expressly requested in writing by the driver.

XI.        NOTIFICATIONS

             Each driver shall receive educational materials prior to the school unit’s commencement of alcohol and controlled substances testing.  Such material will explain the requirements of the Code of Federal Regulations, Title 49 Part 382, and contain a copy of the Board’s policy and administrative procedures for meeting these requirements.  Representatives of employee organizations shall be notified of the availability of this information. The school unit shall also include in the package of informational material submitted to each driver, a statement certifying that he/she has received the informational material.  The school unit shall maintain the original signed copy of the statement on file.

            In addition to the aforementioned items, the school unit shall also make available to drivers and representatives of employee organizations information which shall identify:Food

A.        The person designated by the school unit to answer questions about the materials;

B.        The procedures that will be used to test for the presence of alcohol and controlled substances; protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver;

C.        Information concerning the effects of alcohol and controlled substances on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substance(s) problem (the driver’s or co-worker’s); and available methods of intervening when an alcohol or controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management; and

This school unit and shall make available the following information:

A.        The results of pre-employment controlled substance test(s) if the applicant requests such results within sixty (60) calendar days of being notified of the disposition of the employment application; and

B.        The results of random, reasonable suspicion and post-accident drug tests if the results are verified positive.  The school unit shall also tell the driver which controlled substance(s) was verified as positive.

XII.        CONTROLLED SUBSTANCES

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

XIII.        REFERRAL, EVALUATION, & TREATMENT

                                                                                                        Page 5 of 6

A.        Referral.  A driver who has engaged in conduct prohibited by this policy/procedure shall be advised by the school unit of resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances.  The information the bus driver receives will include:  names, addresses, and telephone numbers of substance abuse professionals, counseling and treatment programs, in addition to information relating to his/her responsibility with regard to payment of such services.

B.        Evaluation/Treatment.  A driver who engages in such prohibited conduct shall be evaluated by a substance abuse professional who shall determine what assistance or treatment, if any, the employee needs in resolving controlled substance(s) use.

XIV.        RETURN TO DUTY

If a school unit has not discharged a driver due to his/her engagement in prohibited conduct under this policy/procedure, the bus driver must, prior to returning to safety-sensitive duties:

A.        Undergo return-to-duty testing and obtain an alcohol concentration level of less than 0.02 and/or a verified negative test for controlled substances;

B.        Have been evaluated by a substance abuse professional; and

C.        Have followed prescribed and/or recommended treatment.

XV.        OTHER POLICIES/PROCEDURES

Nothing contained in this administrative procedure shall prevent the Board from establishing and enforcing independent policies/procedures relating to the possession, being under the influence of, distribution, sale or use of alcohol or

controlled substances or any misconduct associated therewith and the penalties for violation of those policies/procedures, up to and including dismissal.

Legal References:        49 CFR Parts 40, 382, 390, 395

                        Title 26 MRSA §§ 681(8)(B); 685(2); 689

Adopted:        December 21, 1995

Revised:        October 19, 2000

Revised:         March 6, 2014

Page 6 of 6

                                                                                        NEPN/NSBA Code:  EEAF

SPECIAL USE OF SCHOOL BUSES

 a.        Requests for rental buses by organizations will be submitted to the Transportation Director.

b.        Either party may cancel approved requests within 24 hours of date of rental.  Cancellations made by the group or organization after the 24 hour deadline will be charged any driver costs or vehicle costs incurred.  Fees will be based upon driver wages, fuel cost and overhead.

c.        Any damages caused by individuals riding the bus shall be incurred by the renter.  This shall include the cost of cleaning the bus.

d.        Only drivers employed by MSAD #60 who are properly licensed by the State of Maine will be allowed to operate a district vehicle.

e.         Groups renting our buses will need to show proof of adequate insurance.

Adopted:        January 7, 1988

Revised:        October 19, 2000

Revised:        March 1, 2007        

Revised:         February 27, 2014

NEPN/NSBA Code:  EEAG

MAINE SCHOOL ADMINISTRATIVE DISTRICT #60 BUS IDLING POLICY

MSAD #60, in an effort to reduce exposure time for students to exhaust fumes and diesel particulates, has implemented the following procedures.  The intent of this policy is to restrict the idling of buses for extended periods in proximity to school buildings.

A.  Loading

        1.        All buses are prohibited from idling while loading students at any school.

        2.        Lights will be activated without the engine running.

        3.        Driver's will not start engines until all buses are loaded and doors are closed.

B.  Unloading

        1.        Buses may leave engine running when unloading at school.

C.  Warm/Pre-Trip

        1.        Buses will be allowed to idle fifteen (15) minutes in the bus yard or at the home                         location to accommodate warm up and pre-trip.

        2.        If temperatures call for a need to defrost, thirty (30) minutes will be allowed.

D.  Exceptions

        1.        Buses will be allowed to idle at schools when the temperature falls below 20                         degrees and/or the windows need defrosting.

E.  Field Trips, Vocational School and Athletic Bus Runs

        1.        Buses will follow the same policy for Loading, Unloading and Warm                                         Up/Pre Trip with the same Exceptions allowed, unless posted otherwise.

        2.        While waiting during these bus runs, if temperature warrants bus idling, the driver will                         make every effort to move the bus away from school/building and students/residents                                 whenever possible.

Adopted:        January 5, 2006

Revised:         February 27, 2014

NEPN/ NSBA Code:  EEBB

Student Transportation in Private Vehicles  

Since school buses are one of the safest forms of transportation, they should be used to transport students to and from all school sponsored events to the maximum extent possible.  However, the Board recognizes that it is sometimes impossible or impractical to provide school bus transportation and therefore authorizes the use of privately owned vehicles to transport students when, in the opinion of the building principal and with the written approval of the Superintendent of Schools, or his/her designee, it is the most practical or only method of transportation available.

The Superintendent will establish procedures to ensure that any private vehicle used to transport students is in good working order and that the driver has a valid driver’s license and insurance coverage that meets or exceeds all requirements of the law.  Specifically:

1. Private vehicle shall be defined as a privately owned vehicle designed to carry a driver and a maximum of nine passengers, have a current and valid registration, have operable seat belts for all passengers, and have a current state safety inspection for the state in which it is registered.

2. Driver shall be defined as a school employee who is at least 21 years old, holds a valid U.S. driver’s license, and has no outstanding driving violations or a history of violations.

3. The driver agrees to hold the School District, its Board of Directors and employees harmless from any claims, suits, or causes of action arising from any accident or incident occurring during or as a result of transporting the student(s).

4. The driver shall be the owner/operator of the vehicle and meet the following minimum State of Maine insurance requirements:

·  Liability:  $50,000/$100,000

 ·  Property Damage: $25,000

·  Medical Coverage: $2,000

5. Parents may not transport their own children to or from school sponsored events outside the District but may not transport other student(s).  Exceptions may be granted on a case by case basis with approval of the building principal or his/her designee.

6. In case of emergency, real and imminent danger to persons or property, students may be transported in private vehicles without complying with the above provisions.

Legal Reference:      Title 29-A, Chap 13, Section 1605

Cross Reference:       EEBB-R – Use of Private Vehicles on School Business Administrative Regulation

                        EEBB-R1- Employee Request to Transport students by Personal Vehicle

        EEBB- R2- Parent/ Guardian Permission for Students to be Transported by Personal Vehicle

Policy Adopted:                 March 12, 1987

Policy Amended:       October 19, 2000

Policy Amended:       January 12, 2017

                                                                NEPN/ NSBA Code: EEBB-R

USE OF PRIVATE VEHICLES ON SCHOOL BUSINESS- Procedures  

These procedures apply to personally owned vehicles driven by employees on behalf of the School District . No student is permitted to operate a private owned vehicle on behalf of the District.

1. The following procedures have been established to encourage safe operation of vehicles, and to clarify insurance issues relating to drivers and the School District .

All drivers must have a valid driver’s license and vehicle registration, and provide a copy of each to the School District .

Motor Vehicle Records may be checked prior to approving any request. Driving privileges will be suspended or terminated if the record indicates an unacceptable number of accidents or violations.

 The employee’s supervisor must be notified of any change in license status or driving record.

B. When operating a personal vehicle for School District  business:

 Permission for such use must be approved by the Superintendent of Schools in writing and in advance. The request for such use must include the Request Form provided with these regulations.

For any students being transported, the Parent/Guardian Permission Form- (EEBB- R2) provided with these regulations must be completed in advance, with copies to be carried with the driver and placed on file in the Principal’s office.

The driver’s Personal Auto Liability insurance is the primary payer. The School District’s insurance is in excess of that coverage.

The driver must carry, at a minimum, the following insurance limits:

1. Liability $50,000/ $100,000
2. Property Damage $25,000
3. Medical Coverage $2,000

Evidence of current insurance coverage is to be provided to the School District  in advance of the trip, by a copy of the driver’s insurance policy declaration page or a Certificate of Insurance.

The School District  is not responsible for any physical damage to the vehicle. The driver must carry collision and comprehensive coverage.

For employees, mileage and tolls will be reimbursable upon returning to work.

      C.  In the event of an accident, the driver is expected to:

1. Contact police department
2. Comply with public safety personnel instructions
3. Take necessary steps to protect his/her own life and the lives of others                         Page 1 of 2

4. Not assume or admit fault. Others will determine liability and negligence after thorough investigation.
5.  Report the accident to the School District  as soon as possible.

Legal Reference:      Title 29-A, Chap 13, Section 1605

Cross Reference:       EEBB-R – Use of Private Vehicles on School Business Administrative Regulation

                        EEBB-R1- Employee Request to Transport students by Personal Vehicle

        EEBB- R2- Parent/ Guardian Permission for Students to be transported by Personal Vehicle

Adopted:                 January 12, 2017

Page 2 of 2

EEBB-R1

EMPLOYEE REQUEST TO TRANSPORT STUDENTS BY PERSONAL VEHICLE- Form 

The following information must be provided to the Superintendent of Schools prior to approval being granted for employees to transport students by personal vehicle:

1. Employee making request: ______________________________________________

2. Proposed driver, if other than employee:____________________________________

3. Date(s) of requested travel:______________________________________________

4. Destination:__________________________________________________________

5. Reason for Trip:_______________________________________________________

6. Proposed Itinerary, with approximate times of travel:  _______________________

____________________________________________________________________

____________________________________________________________________

7. Vehicle to be driven: Make/Model: Year: ________________________________

8. Insurance Provider: _________________________________________________

9. Policy Number:____________________________________________________

You must provide with this request:

                _____ One copy of the proposed driver’s current license.

         _____ One copy of the Declaration page or Certificate of Insurance from the driver's insurance provider, showing appropriate levels of current coverage.

   _____ One copy of vehicle registration

                _____ A list of all students to be transported.

 By signing this document, you are agreeing that you have read and understood the Employee Vehicle Use Procedures (EEBB-R) and will comply with all items noted therein.

_______________________________                          ________________________                

Employee’s Signature                                                           Date

EEBB-R2

PARENT/GUARDIAN PERMISSION FOR STUDENTS TO BE TRANSPORTED BY PERSONAL VEHICLE-Form

The following information must be provided to the Superintendent of Schools prior to approval being granted for students to be transported by personal vehicle:

1. Name of student being transported:_____________________________________________ .

2. Student’s Birthdate: ____/_____/______.

3. Student’s Address:___________________________________________________________ .

4. Parent/Guardian Name:_______________________________________________________ .

5. Parent/Guardian Emergency Phone Number:______________________________________ .

6. Date of Travel: ____________________.

7. Destination: ________________________________________________________________.

8. Individual providing transportation:_____________________________________________ .

By signing this document, you are indicating that you are granting permission for your child to be transported in a personal vehicle on the date(s) indicated, and that you agree to the following:

I understand that participation in trip activities could involve risk of physical injury, illness, death or property loss, and despite safety precautions, the School District  cannot guarantee safety thereof, as all risks cannot be prevented. The School District  does not provide health and accident insurance for trip participants, and I understand that any medical expenses, property loss, or other personal expenditures that result during or from this travel/trip, are to be borne by the student/participant, or by their parent or guardian. I also hereby consent and give authorization to trip leaders to secure any emergency medical treatment in event I am unable to, and I agree to be responsible for the costs thereof. I further acknowledge that if I drive my own vehicle, or am a passenger in another’s private vehicle in connection with this trip/function, that the School District’s insurance does not cover such a private vehicle. I also understand that the School District  cannot be responsible for assuring the safety and reliability of such private transportation or driver, nor for any non-sponsored activities and travel that I choose to participate in before, during or after the school sponsored function, and I therefore accept the risks and responsibilities associated with such private vehicle travel and activities.

In consideration of the opportunity afforded, with full knowledge and acceptance of the risks associated with this travel and the trip activities, and with full understanding of the above issues/conditions, I hereby release, indemnify and hold harmless the MSAD #60 School District , its faculty, staff, Board members, and agents from all form and manner of risks inherent in such travel, and from all claims and demands of any nature arising from participation in said trip.

______________________________________                        _________________________

Parent/Guardian Signature                                         Date

NEPN/NSBA Code:  EF

MSAD 60 WELLNESS POLICY ON PHYSICAL ACTIVITY AND NUTRITION 

The health of children is of the utmost importance to the future of our society. Healthy eating and daily physical activity can improve academic performance, attendance, mood, alertness and behavior issues.  MSAD 60 is committed to creating a healthy school environment that supports the development of lifelong wellness practices to promote physical activity and healthy eating.

In order to improve the health of children the district will follow the criteria established for:

1. Nutrition Education
2. Physical Education
3. Nutrition Standards
4. Opportunities for physical activity
5. Staff and student wellness
6. Monitoring of policy

1) Nutrition Education

Nutrition education topics will be integrated within the K-12 comprehensive health education curriculum.  Nutrition education will be consistent with Maine health education standards.  Instructional activities shall stress the appealing aspects of healthy eating, be developmentally appropriate and based on theories proven effective by published research.  The curriculum will be designed to help students learn:

• nutritional knowledge including but not limited to the benefits of healthy eating, essential nutrients, nutritional deficiencies, principles of healthy weight management, the use and misuses of dietary supplements and safe food preparation, handling and storage.

• nutrition-related skills including but not limited to planning a healthy meal, understanding and using food labels, and critically evaluating nutrition information, misinformation and commercial food advertising, and how to assess personal eating habits, set goals for improvement, and achieve those goals.