Roseburg Public Schools

Code: EB
Adopted: 2/13/91
Re-adopted: 8/13/97, 7/13/22

Original Code: EB

Safe buildings, grounds and equipment will be maintained in order to prevent accidents or injury to students, employees and others from fire, natural disasters, mechanical and electrical malfunction and other hazards.

Buildings will be planned, constructed, equipped and maintained in accordance with appropriate local, state and federal safety regulations.

Buildings will be provided with alarm systems, fire extinguisher and other safety devices required by state and federal laws and regulations.

A district safety officer or physical plant manager is responsible for the districtwide safety program which will include, but not be limited to, compliance with and enforcement of all state and federal laws, rules and regulations. As part of the comprehensive district safety program, inspection and analysis of safety conditions and ongoing training of appropriate staff in safety practices will occur on a regular basis.

Legal Reference(s)

ORS 329.095

ORS 654.003 - 654.022

OAR 437-001-0760

OAR 437-002-0020 to -0081

OAR 437-002-0100

OAR 437-002-0140

OAR 437-002-0144

OAR 437-002-0145

OAR 437-002-0180 to -0182

OAR 437-002-0260 to -0268

OAR 437-002-0360

OAR 437-002-0368

OAR 437-002-0377

OAR 437-002-0390

OAR 437-002-0391

OAR 581-022-2030

OAR 581-022-2225

OAR 581-022-2250

Fazzolari v. Portland School District No.1J, 78 Or. App. 608 (1986); aff’d, 303 Or. 1 (1987).

Toxic Substances Control Act, 15 U.S.C. Sections 2601-2629, as amended by the Asbestos Hazard Emergency Response Act of 1986, 15 U.S.C. Sections 2641-2656 (2006).

Cross Reference(s)

EBAC - Safety Committee
EBB - Integrated Pest Management
JHF - Student Safety

Code: EBAC
Adopted: 8/13/97, 7/13/22

Safety committees shall be established to implement the district’s safety program as part of an ongoing effort to help ensure the safety of students, staff and others while on district property.

The superintendent or designee will coordinate the district’s safety committee efforts and maintain all necessary records.

The superintendent will develop administrative regulations as may be necessary to implement this policy and meet the applicable Oregon Occupational Safety and Health Division requirements.

Legal Reference(s)

ORS 654.176

ORS 654.182

OAR 437-001-0765

OAR 581-022-2225(7)

Cross Reference(s):
EB - Safety Program

Code: EBB
Adopted: 11/14/90
Re-adopted: 8/13/97, 3/13/02, 3/14/12, 7/13/22

Original Code: EBB

To ensure the health and safety concerns of student, staff and community members, the district shall adopt an integrated pest management plan (IPM)1 which emphasizes the least possible risk to students, staff and community members and shall adopt a list of low-impact pesticides for use with the IPM plan.

The IPM plan is a proactive strategy that:

1. Focuses on the long-term prevention or suppression of pest problems through economically sound measures that:

a. Protect the health and safety of students and staff;

b. Protect the integrity of district buildings and grounds;

c. Maintain a productive learning environment; and

d. Protect local ecosystem health.

2. Focuses on the prevention of pest problems by working to reduce or eliminate conditions of property construction, operation and maintenance that promote or allow for the establishment, feeding, breeding and proliferation of pest populations or other conditions that are conducive to pests or that create harborage for pests;

3. Incorporates the use of sanitation, structural remediation or habitat manipulation or of mechanical, biological and chemical pest control measures that present a reduced risk or have a low-impact and, for the purpose of mitigating a declared pest emergency, the application of pesticides that are not low-impact pesticides;

4. Includes regular monitoring and inspections to detect pests, pest damage and unsanctioned pesticide usage;

5. Evaluates the need for pest control by identifying acceptable pest population density levels;

6. Monitors and evaluates the effectiveness of pest control measures;

7. Excludes the application of pesticides on a routine schedule for purely preventive purposes, other than applications of pesticides designed to attract or be consumed by pests;

8. Excludes the application of pesticides for purely aesthetic purposes;

9. Includes school staff education about sanitation, monitoring, inspection and pest control measures;

10. Gives preference to the use of nonchemical pest control measures;

11. Allows the use of low-impact pesticides if nonchemical pest control measures are ineffective; and

12. Allows the application of a pesticide that is not a low-impact pesticide only to mitigate a declared pest emergency or if the application is by, or at the direction or order of, a public health official.

The district shall designate the physical plant manager as the Integrated Pest Management Plan Coordinator give them the authority for overall implementation and evaluation of the IPM plan.

Integrated Pest Management Plan Coordinator

The IPM Plan Coordinator shall:

1. Attend not less than six hours of IPM training each year. The training shall include at least a general review of integrated pest management principles and the requirements of IPM as required by Oregon statute;

2. Ensure appropriate prior notices are given and posted warnings have been placed when pesticide applications are scheduled;

3. Oversee pest prevention efforts;

4. Ensure identification and evaluation of pest situation;

5. Determine the means of appropriately managing pest damage that will cause the least possible hazard to people, property and the environment;

6. Ensure the proper use and application of pesticide applications when non-pesticide controls have been unsuccessful;

7. Evaluate pest management results; and

8. Keep for at least four years following the application date, records of applied pesticides that include:

a. A copy of the label;

b. A copy of the Safety Data Sheet (SDS);

c. The brand name and U.S. Environmental Protection Agency (USEPA) registration number of the product;

d. The approximate amount and concentration of pesticide applied;

e. The location of where the pesticide was applied;

f. The type of application and whether the application was effective;

g. The name(s) of the person(s) applying the pesticide;

h. The pesticide applicator’s license numbers and pesticide trainee or certificate numbers of the person applying the pesticide;

i. The dates and times for the placement and removal of warning signs; and

j. Copies of all required notices given, including the dates the IPM Coordinator[s] gave the notices.

9. Respond to inquiries about the IPM plan and refer complainants to Board policy KL - Public Complaints;

10. Conduct outreach to district staff about the district’s IPM plan.

END OF POLICY

Legal Reference(s):
ORS 634.116
ORS 634.700 - 634.75

Cross References:

EB - Safety Program

Code: EBBA
Adopted: Unknown
Re-adopted: 8/13/97; 7/13/22

Original Code: EBBA

For the purpose of this policy, first aid and emergency care is defined as “the immediate and temporary care given a student of this district who is the victim of an accident or sudden illness until the services of a physician can be obtained.”

In such cases, the district has the responsibility for:

Giving immediate care;
Notifying the parents;
Assisting with transportation arrangements;
Informing parents, when requested, regarding local resources.

Immediate care should be given only by members of the school personnel who are qualified to give first aid. The building principal will delegate a member(s) of his/her staff for this purpose. A suitable place should be designated in each school building which is acceptable for first aid. Sufficient first-aid supplies should always be readily accessible but are intended for first aid only and not for the continuing treatment of an injury or infection. A copy of “First Aid in Oregon Schools” is to be displayed in each first-aid cabinet. One person in each school building should be responsible for keeping the cabinet clean, well arranged and properly supplied at all times.

Notifying Parents

Parents should be notified immediately, by telephone if possible, of their student’s sudden illness or serious accident. Should the emergency require immediate care, there should be no delay in securing medical attention. If the parents cannot be reached, the school should notify the family physician as well as the emergency number given on the student’s file card.

Limitations

It is the belief of the district that a student’s health is primarily the responsibility of the parents and that the only responsibility of the school, other than administering first aid, is to refer a problem to the parents if they have failed to recognize that a problem exists. In unattended cases, the county nurse who calls on the school should be notified. However, it is recommended that extreme caution be exercised in making direct referrals to other than the school nurse or the family physician.

Legal Reference(s)

ORS 30.800

OAR 437-002-0042

OAR 437-002-0120 to -0139

OAR 437-002-0161

OAR 437-002-0360

OAR 437-002-0377

OAR 581-022-2050

OAR 581-022-2220

OAR 581-022-2225

OAR 581-053-0003 (37)

OAR 581-053-0220 (3)(iii)

OAR 581-053-0320 (5)(b)

OAR 581-053-0420 (2)(f)(B)

Code: EBBA-AR
Adopted: 1/13/93
Re-adopted: 8/13/97, 7/13/22

Original Code: EBBA-AR

Health services information about the transmission of diseases including AIDS and HBV[1] focuses on “body fluids” as a possible carrier of organisms that can infect others. The term includes drainage from cuts and scrapes, vomit, urine, feces, respiratory secretions (nasal discharge), saliva, semen and blood. While any contact with the body fluids of another person represents a risk, the level of risk is very low. The risk is increased if the fluid comes in contact with a break in the skin of another individual. Generally, simple, consistent standards and procedures of cleanliness minimize risk.

The following procedures are precautionary measures against the transmission of diseases. Prudent actions are to be employed by all staff and students. These actions should focus primarily on steps that students and staff members can take to ensure their own well-being.

Those who administer first aid, provide physical care or may otherwise incur occupational exposure to blood or other potentially infectious materials as determined by the district will be specifically protected through the district’s Exposure Control Plan.

The following procedures are a review for all staff and students of appropriate hygienic and sanitation practices:

1. Standard precautions are to be followed at all times. Standard precautions require the assumption that staff and students approach infection control as if all direct contact with human blood and body fluids is known to be infectious for HIV, HBV and/or other bloodborne pathogens;

2. Whenever possible, students should be directed to care for their own minor bleeding injury. This includes encouraging students to apply their own band-aids. If assistance is required, band-aids may be applied after the caregiver removes their gloves, if the caregiver will not come into contact with blood or wound drainage;

3. Food and Drug Administration (FDA) approved gloves are required for all tasks in which an individual may come into contact with blood or other potentially infectious materials. Such tasks include cleaning body fluid spills, emptying trash cans, handling sharps/containers, handling contaminated broken glass, cleaning contaminated equipment and handling contaminated laundry/clothing. This also includes assisting with any minor wound care, treating bloody noses, handling clothes soiled by incontinence, diaper changing and cleaning up vomit;

4. Immediate, complete and effective hand washing with soap and running water of at least 30 seconds duration should follow any first aid or health care given to a student or contact with potentially infectious materials;

5. If exposure to blood or other potentially infectious materials occurs through coughing, any first-aid procedure, or through an open sore or break in the skin, thorough washing, preferably with germicidal soap, is necessary;

6. In the event hand washing facilities are not readily available, thorough cleaning using an antiseptic cleanser and clean cloth/paper towels or antiseptic towelettes provided by the district as an alternative is necessary. In the event alternatives are used, hands must be washed with soap and running water as soon as feasible;

7. Contaminated work surfaces shall be decontaminated with an appropriate disinfectant after completion of procedures; immediately or as soon as feasible when surfaces are overtly contaminated or after any spill of blood or other potentially infectious materials; and at the end of the work shift if the surface may have become contaminated since the last cleaning. Clean surfaces with soap and water and then rinse with an Environmental Protection Agency (EPA) approved disinfectant following labeling instructions for use, or a freshly made solution of one part bleach to nine parts water, and allow to air dry. These surfaces include equipment, counters, mats (including those used in physical education classes and athletic events), toys or changing tables;

8. An EPA -approved disinfectant must be used when cleaning fluids such as blood or vomit from the floor or other such contaminated surfaces;

9. Contaminated laundry such as clothing and towels must be placed and transported in bags and containers in accordance with the district’s standard precautions. All such items must be laundered in hot or cold water and soap and placed in a dryer;

10. Needles, syringes, broken glassware and other sharp objects found on district property must not be picked up by students at any time, nor by staff without appropriate puncture-proof gloves or mechanical device such as a broom, brush and dust pan. Any such items found must be disposed of in closable puncture resistant, leakproof containers that are appropriately labeled or color-coded;

11. All wastebaskets used to dispose of potentially infectious materials must be lined with a plastic bag liner that is changed daily;

12. Gloves and repellent gowns, aprons or jackets are required for tasks in which exposure to blood or other potentially infectious materials can be reasonably anticipated to contaminate street clothing. Type and characteristics of such protective clothing will depend on the task. Such tasks may include diapering/toileting with gross contamination, assisting with wound care, sorting or bagging contaminated laundry/clothing and disposing of regulated waste with gross contamination;

13. Maximum protection with gloves, face and/or eye protection and gowns is required whenever splashes, spray, spatter or droplets of blood or other potentially infectious materials may be generated and eye, nose or mouth contamination can be reasonably anticipated. Such tasks may include feeding a student with a history of spitting or forceful vomiting and assisting with severe injury and wound with spurting blood;

14. If a first-aid situation occurs, students should report to a person in authority; staff should report to a supervisor.

1 HIV - Human Immunodeficiency Virus; AIDS - Acquired Immune Deficiency Syndrome; HBV - Hepatitis B Virus

Code: EBBAA
Adopted: 8/13/97, 7/13/22

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

Consequently, the Board directs adherence to standard precautions. Standard precautions require that staff and students approach infection control as if all direct contact with human blood and body fluids is known to be infectious for HIV, AIDS, HBV[1] and/or other bloodborne pathogens[2].

The district shall develop an Exposure Control Plan that includes infection control procedures, and procedures to minimize and eliminate exposure incidents to bloodborne pathogens.

Infection Control

Staff and students shall receive an annual in-service that includes correct procedures for cleaning up body fluid spills and for personal cleanup, appropriate disposal, immunization and personal hygiene, as well as the location and a content review of first-aid and clean-up kits. Kits shall be available for each room in the building and in each district vehicle.

In addition to an annual in-service, staff and students on a regular basis will receive HIV, AIDS and HBV information.

The information shall emphasize infection — how infection is spread as well as how it is not spread.

Bloodborne Pathogens

The Exposure Control Plan shall be reviewed and updated at least annually and when necessary to reflect new or modified tasks and procedures which affect occupational exposure and to reflect new or revised employee positions with occupational exposure. The review and update shall also:

1. Reflect changes in technology that eliminate or reduce exposure to bloodborne pathogens;

2. Annually, document consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure.

The plan shall include training followed by an offer of immunization with Hepatitis B vaccine and vaccination series for all staff who are required to provide first aid to students and/or for all staff who have occupational exposure as determined by the district. Training shall be provided at the time of initial assignment to tasks where occupational exposure may take place and at least annually thereafter. Personal protective equipment appropriate to job tasks shall be provided by the district. A post-exposure evaluation and follow-up shall be made available to any employee sustaining an occupational exposure.

The district recognizes that, as required by Oregon Administrative Rule (OAR) 437-002-1030, employees who use medical sharps in the performance of their duties (e.g., administering injectable medicines to students, such as epinephrine and glucagon) must, at least annually, be provided with the opportunity to identify, evaluate and select engineering and work practice controls (e.g., sharps disposal containers, self-sheathing needles, safer medical devices, such as sharps with engineered sharps injury protections and needleless systems). The district will implement such work practice controls, as appropriate.

Documentation, including a sharps injury log, will be maintained as required by OAR 437-002-1030(3) and 437-002-1035.

The district will cooperate with the Oregon Department of Education, the Oregon Health Authority, Public Health Division, the education service district in delivering HIV, AIDS and HBV education.

END OF POLICY

1 HIV - Human Immunodeficiency Virus; AIDS - Acquired Immune Deficiency Syndrome; HBV - Hepatitis B Virus
2 “Bloodborne pathogens” are pathogenic microorganisms that are present in human blood and can cause disease in humans. These include, but are not limited to, Hepatitis B virus (HBV) and Human Immunodeficiency Virus (HIV).

Legal Reference(s):
OAR 437-002-0360
OAR 437-002-0377
OAR 437-002-1030
OAR 437-002-1035
OAR 581-022-2050
OAR 581-022-2220
OAR 581-053-0240(23)
OAR 581-053-0250(1)
OAR 581-053-0517(13)(c),(e)
Occupational Safety and Health Standards, Bloodborne Pathogens, 29 C.F.R. §1910.1030.

Cross Reference(s)

EBBA - First Aid

EBBA-AR - First Aid - Infection Control

Code: EBBB
Adopted: 11/14/90
Re-adopted: 8/13/97, 2/26/14, 7/13/22

All injuries/illnesses, sustained by the employee while in the actual performance of the duty of the employee, occurring on district premises, in district vehicles, at a district-sponsored activity or involving staff members who may be elsewhere on district business will be reported immediately to a supervisor. All accidents involving students, visiting public or district property will be reported immediately to a supervisor.

A written report will be submitted within 24 hours to the district’s safety officer. Reports will cover property damage as well as personal injury.

In the event of a work-related[1] illness or injury to an employee resulting in overnight hospitalization for medical treatment[2] other than first aid, the district safety officer shall report the incident to the Oregon Occupational Safety and Health Division (OR-OSHA). This report will be made within 24 hours after notification to the district of an illness or injury. Fatalities or catastrophes[3] shall be reported to OSHA within eight hours.

ALL injuries/illnesses sustained by an employee, while in the actual performance of the duty of the employee or by a student or visiting public will be promptly investigated. As a result of the investigation any corrective measures needed will be acted upon.

The district safety officer will maintain records and reports on serious injuries/illnesses, including accidents involving district property or employees, students or visiting publics, and periodic statistical reports on the number and types of injuries/illnesses occurring in the district, as well as on the measures being taken to prevent such injuries/illnesses in the future.

The records will include monthly reporting information and an analysis of the data and trends will be conducted at least annually. Such reports will be submitted to the superintendent for review annually[4].

END OF POLICY

[1] An injury or illness is work related if an event or exposure in the work environment caused or contributed to the condition or significantly aggravated a pre-existing condition.

[2]Medical treatment includes managing or caring for a patient for the purpose of combating disease or disorder. The following are not considered medical treatment: visits to a doctor or health-care professional solely for observation or counseling; diagnostic procedures including administering prescription medications used solely for diagnostic purposes; and any procedure that can be labeled first aid.

[3]A "catastrophe" is an accident in which two or more employees are fatally injured, or three or more employees are admitted to a hospital or an equivalent medical facility.

4 Annual reporting is required, but may occur more often.

Legal Reference(s)

ORS 339.309

OAR 437-001-0015

OAR 437-001-0700

OAR 437-001-0760

OAR 581-022-2225

Code: EBC/EBCA
Adopted: 8/13/97, 7/13/22

The superintendent or designee will develop and maintain an emergency procedures and disaster plan to be used in such emergencies as disorderly behavior, unlawful assembly, disturbances at school activities, natural disasters, fire, illness or injury of a student or staff member, and use of force on school property. Additionally, the superintendent will consult with community and county agencies while developing this plan.

The district’s emergency procedures plan will meet the standards of the State Board of Education.

Copies of the emergency procedures plan will be available in every school office and other strategic locations throughout the district. Parents will be informed of the district’s plan for the care of students during an emergency situation. The Board may use Oregon Revised Statute (ORS) 192.660(2)(k) to conduct an executive session to consider matters related to school safety or a plan that responds to safety threats made toward a school in the district.

The superintendent will ensure that the emergency procedures and disaster plan has been reviewed and updated as needed and report to the Board.

END OF POLICY

Legal Reference(s)

ORS 192.660(2)(k)

ORS 332.107

ORS 433.260

ORS 433.441

OAR 437-002-0161

OAR 581-022-2030(3)(c)

OAR 581-022-2220

OAR 581-022-2225

Cross Reference(s):
EEAC - School Bus Safety Program
GBEB - Communicable Diseases – Staff
JHCC - Communicable Diseases - Students

Code: EBCB
Adopted: 8/13/97
Re-adopted: 2/26/14, 7/15/15, 7/13/22

Original Code: EBCB

Each building administrator will conduct emergency drills in accordance with the provisions of Oregon Revised Statutes (ORS).

All schools are required to instruct and drill students on emergency procedures so that students can respond to an emergency without confusion and panic. The emergency procedures shall include drills and instruction on fires, earthquakes, which shall include tsunami procedures in a tsunami hazard zone and safety threats. Instruction on fires, earthquakes, safety threats and drills for students shall be conducted for at least 30 minutes each school month.

Fire Emergencies

The district will conduct monthly fire drills. At least one fire drill will be held within the first 10 days of the school year. Drills and instruction on fire emergencies shall include routes and methods of exiting the school building.

Earthquake Emergencies

At least two drills on earthquakes shall be conducted each year.

Drills and instruction for earthquake emergencies shall include the earthquake emergency response procedure of "drop, cover and hold on" during the earthquake. When based on the evaluation of specific engineering and structural issues related to a building, the district may include additional response procedures for earthquake emergencies.

Safety Threats

At least two drills on safety threats shall be conducted each year.

Drills and instruction on safety threats shall include procedures related to lock-down, lock-out, shelter in place and evacuation and other procedures appropriate actions to take when there is a threat to safety.

The Board may use ORS 192.660(2)(k) to conduct an executive session to consider matters related to school safety or a plan that responds to safety threats made toward a school in the district.

Local units of government and state agencies associated with emergency procedures training and planning shall review the emergency procedures and assist the district with the instruction and the conducting of drills for students in these emergency procedures.

END OF POLICY

Legal Reference(s)

ORS 192.660 (2)(k)

ORS 336.071

ORS 476.030(1)

OAR 581-022-2225

Oregon State Fire Marshall, Oregon Fire Code (2014).

Code: EBCD
Adopted: 8/13/97
Re-adopted: 12/16/15, 7/13/22

Original Code: EBCD

In case of hazardous or emergency conditions, the superintendent may alter district and transportation schedules as are appropriate to the particular condition. Such alterations include closure of all schools, closure of selected schools or grade levels, delayed openings of schools and early dismissal of students.

The superintendent will develop and maintain such plans and procedures as are necessary to carry out alternate school and bus schedules.

At the beginning of each school year students, parents and staff will be informed of the procedures used to notify them in case of an emergency closure.

END OF POLICY

Legal Reference(s)

OAR 437-002-0360

OAR 437-002-0377

OAR 581-022-2225

OAR 581-022-2320

OAR 581-053-0004

Cross Reference(s):
EEAC - School Bus Safety Program

Code: ECAB
Adopted: 11/14/90
Re-adopted: 8/13/97, 2/8/12, 7/13/22

Original Code: ECAB

Students and patrons are urged to cooperate in reporting any incidents of vandalism, malicious mischief or theft and the name or names of the person or persons believed to be responsible.

Each district employee will report to the principal or other person in authority incidents of vandalism, malicious mischief or theft and the name of the person or persons responsible, if known.

Principals will submit a report of any incidents of vandalism, malicious mischief, theft or damage to district property, to the superintendent. The superintendent will report to the Board major reports of vandalism, malicious mischief, theft or damage to district property.

The district may offer a reward to an individual(s) who provides information that results in the apprehension of a person(s) guilty of vandalism/malicious mischief/theft or other criminal acts against the district. The amount of reward shall be determined by the superintendent on a case by case basis within any guidelines set by the Board.

The superintendent is authorized to sign a criminal complaint and to press charges against those committing acts of vandalism or malicious mischief against district property or theft of district property. It is the policy of the Board to seek all legal remedies against persons found to have committed such acts. Full restitution for the damage will be sought from such persons, or, in the case of minors, from their parents. Until such fees or restitutions are paid, certain restrictions and/or penalties may be imposed. Records requested by another district to determine a student’s appropriate placement may not be withheld.

A student who willfully destroys district property through vandalism, malicious mischief, theft or arson, who commits larceny or who creates a hazard to the safety of other people on district property will be disciplined in accordance with state law and the Board’s policies on student suspensions and expulsions[1] and referred to law enforcement.

Any staff member who fails to report such an act, or willfully destroys district property through vandalism, malicious mischief, theft or arson, who commits larceny or who creates a hazard to the safety of other people on district property will be disciplined, up to and including dismissal and referred to law enforcement.

The district is not liable or responsible for personal property brought onto district property.

END OF POLICY

1 Use of suspension or expulsion as discipline for a student in violation of this policy is limited to criteria found in Oregon Revised Statute (ORS) 339.250.

Legal Reference(s)

ORS 30.765

ORS 164.345

ORS 164.365

ORS 326.575

ORS 332.107

ORS 339.240

ORS 339.250

ORS 339.270

ORS 419C.680

Cross Reference(s)

ECAC - Video Surveillance
JFC - Student Conduct
JN - Student Fees, Fines and Charges
JO/IGBAB - Education Records/Records of Students with Disabilities
KGB - Public Conduct on District Property

Code: ECAC
Adopted: 5/11/05, 7/13/22

The Board authorizes the use of video cameras on district property to ensure the health, welfare and safety of all staff, students and visitors to district property, and to safeguard district facilities and equipment. Video cameras may be used in locations as deemed appropriate by the superintendent.

The district shall notify staff and students through student/parent and staff handbooks that video surveillance may occur on district property.

Students or staff in violation of Board policies, administrative regulations, building rules or law shall be subject to appropriate disciplinary action. Others may be referred to law enforcement agencies.

A video recording may become a part of a student’s educational record or a staff member’s personnel record. The district shall comply with all applicable state and federal laws related to record maintenance and retention.

Legal Reference(s)

ORS 30.864

ORS 192.420 - 192.505

ORS 326.565

ORS 326.575

ORS 332.107

ORS 336.187

ORS 342.850

OAR 166-400-0010 to -0065

OAR 581-021-0210 to -0430

OAR 581-022-2260

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1419 (2012).
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2012); Family Educational Rights and Privacy, 34 C.F.R. Part 99 (2017).

Cross Reference(s):
ECAB - Vandalism/Malicious Mischief/Theft
EEA - Student Transportation Services
EEACCA - Video Cameras on Transportation Vehicles
JO/IGBAB - Education Records/Records of Students with Disabilities

Code: ECACB

Adopted: 7/13/22

Any employee, volunteer, or representative of the district operating an unmanned aircraft system (UAS) shall do so in accordance with this policy, all applicable Federal Aviation Administration (FAA) and Oregon Department of Aviation (ODA) regulations and local laws.

A small unmanned aircraft, as defined by law, may be operated by the district. A small unmanned aircraft must weigh less than 55 pounds, including the weight of anything attached to or carried by the aircraft and must be registered through the FAA and ODA. The district will register as a user of such with ODA.

Publicly supported kindergarten through grade 12 school programs and publicly-supported entities that support K-12 schools or after school K-12 programs are exempt from the requirement to pay the ODA registration fee.

The district recognizes the academic value of student operation of a UAS as one component of curricula pertaining to principles of flight, aerodynamics, and airplane design and construction, and can also serve as an academic tool in other areas such as television, film production, or the arts in general.

Prior to operating a UAS, the district will review all airspace, certification, registration, and other requirements. When operating in the National Airspace System (NAS), the supervisor (instructor/teacher) of the educational UAS shall hold a current pilot certification described in 14 C.F.R. Part 107 or have a Certificate of Authorization as described in 49 U.S.C. § 44801, so any student(s) can fly under their direct supervision, and to be in compliance with current FAA1 regulations. District staff will not operate more than one UAS at the same time.

District employees shall work with administrators to ensure that proper insurance, registration as required by FAA and ODA, reporting to FAA, and authorization from district administration are in place prior to use as a part of the district’s curriculum.

A UAS shall be operated in accordance with the policies of the Oregon School Activities Association (OSAA)2 at OSAA-sanctioned events.

A student in violation of this policy may be subject to disciplinary action, up to and including suspension and/or expulsion.

A staff member in violation of this policy may be subject to disciplinary action, up to and including dismissal.

All data gathered by the district as part of a UAS operation will belong to the district. The data gathering by the district will follow appropriate state and federal laws. Retention of such data will follow state and federal laws.

The superintendent shall develop procedures3 for the implementation of this policy. The district shall post a copy of this policy, associated procedures, and a copy of Oregon Revised Statute (ORS) 192.345 on the district’s website.

The district will report accidents involving a UAS to FAA no later than 10 calendar days after the accident when it involves:

1. Serious injury to any person or any loss of consciousness; or

2. Damage to any property, other than the small UAS, unless the cost of repair (including materials and labor) does not exceed $500, or the fair market value of the property does not exceed $500 in the event of total loss.

Third Party Use

Third party use of a UAS on district property or at district-sponsored events or activities on district property for any purpose is prohibited, unless granted permission from the superintendent or designee.

If permission is granted by the superintendent or designee, the third party operating a UAS will comply with all FAA and ODA registration and use regulations and shall provide the following to the district:

1. Proof of insurance that meets the liability limits established by the district;

2. Proof of UAS registration and authorization (including a certificate identified in 14 C.F.R. Part 107 or a Certificate of Authorization described in 49 U.S.C. § 44801) issued by FAA, and proof of user registration with ODA when required4; and

3. A signed agreement holding the district harmless from any claims of harm to individuals or damage to property.

END OF POLICY

1 https://www.faa.gov/uas/educational_users/
2 http://www.osaa.org/governance/handbooks3 Procedures must include: the length of time data will be retained by the district; specifications for third party storage of data, including handling, security and access to the data by the third party; a policy on disclosure of data through intergovernmental agreements.
4 A public body, as defined in ORS 174.109, operating an unmanned aircraft system must register as a user with ODA. (ORS 837.360)

Legal Reference(s):

ORS 164.885
ORS 174.109
ORS 192.345
ORS 837.300 - 837.390
ORS 837.995
OAR 738-080-0015 - 080-0045

Senate Bill 581 (2019)
Federal Aviation Administration Reauthorization Act of 2018, 49 U.S.C. §§ 44801-44810 (2012).
Small Unmanned Aircraft Systems, 14 C.F.R. Part 107 (2018).
Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (2018).
OREGON SCHOOL ACTIVITIES ASSOCIATION HANDBOOK.

Code: EDC/KGF
Adopted: 1/13/93
Re-adopted: 8/13/97, 7/13/22

Original Code: EDC/KGF

Except as otherwise allowed by this policy, district equipment, supplies and materials shall be used only for duly authorized district business. On separation from district service, a district employee shall return all property in the possession of the employee, including all keys, to district facilities. If an employee fails to return such property, the district may institute legal action to recover direct and indirect damages suffered by the district.

Consistent with Oregon Revised Statue (ORS) Chapter 224, no district employee shall use, or permit the use of, district equipment, supplies and materials to confer an appreciable pecuniary or material benefit to the employee.

Each administrator shall be responsible for notifying employees of the requirements of this policy and for taking appropriate action if an employee violates the provisions of this policy. The superintendent shall enforce this rule with respect to the activities of administrators. Any employee who violates the provisions of this policy shall be subject to appropriate disciplinary action up to and including termination.

Legal Reference(s)

ORS Chapter 244

ORS 332.107

OAR 584-020-0040

OREGON GOVERNMENT ETHICS COMMISSION, OREGON GOVERNMENT ETHICS LAW, A GUIDE FOR PUBLIC OFFICIALS (2010).

Cross Reference(s)

KG - Community Use of District Facilities
KGF/EDC - Authorized Use of District Equipment and Materials

Code: EEA
Adopted: 8/13/97
Re-adopted: 12/11/02, 7/13/22

School transportation services will be provided for students to and from school and may for transporting students to and from curricular and extracurricular activities sponsored by the district transporting from one school or facility to another school-sponsored field trips that are extensions of classroom learning experiences. Transportation will be provided for homeless students to and from the student’s school of origin1 as required by the Every Student Succeeds Act (ESSA). Services shall be provided throughout the regularly scheduled year and during the regular school day as determined by the Board.

Elementary students in grades K-5 who live more than one mile from school will be transported. Secondary students in grades 6-12 who live more than one and one-half miles from school will be transported. Mileage exceptions for health, safety or disability will be made in accordance with the district’s approved supplemental plan.

Miles from school will be determined by the transportation supervisor in accordance with Oregon Administrative Rule (OAR) 581-023-0040(1)(e).

The district may use Type 10 School Activity Vehicles to transport students from home to school, school to home and from district-sponsored activities.

The district may also provide transportation using federal funds2 or through cooperative agreements with local victims assistance units for a student to attend a safe district school3 out of the student’s attendance area for any student who is a victim of a violent criminal offense occurring in or on the grounds of the school the student attends or the student attends a school identified as persistently dangerous. If there are no other schools within the district a student may transfer to, the district may establish a cooperative
agreement with other districts in the area for a transfer. Transportation for students who transfer for such purposes will be provided in accordance with the agreement.

Students attending any private, parochial or public charter school under the compulsory school attendance laws will, where the private, parochial or public charter school is along or near the bus route, be provided equally the riding privileges given to public school students.

Transportation will be provided for students whose parent or guardian voluntarily placed the child outside the child’s home with a public or private agency and who is living in a licensed, certified or approved substitute care program, and whose residency is established pursuant to Oregon Revised Statute (ORS) 339.134.

Preschool students with disabilities who have transportation as a related service and children from birth to age three who are enrolled in an eligible program shall be provided home to school transportation.

A seat that fully supports each person and meets the minimum standards and specifications of law will be provided at all times. A person who weighs 40 pounds or less must be properly secured with a child safety system that meets the minimum standards and specifications established by the Oregon Department of Transportation under Oregon Revised Statute (ORS) 815.055. A person over 40 pounds or who has reached the upper weight limit for the forward-facing car seat must use a booster seat until they are four feet nine inches tall or age eight and the adult belt properly fits.4 A person who is taller than four feet nine inches or eight years of age or older must be properly secured with a safety belt or harness that meets the requirements under ORS 815.055. In accordance with ORS 811.210 and 811.215 vehicles in excess of 10,000 pounds used for student transportation are exempt from statutory requirements unless they have been equipped with lap belts. Vehicles in excess of 10,000 pounds that have been equipped with lap belts must meet child car seat requirements as set forth in law.

School buses carrying students will be considered extensions of the school experience. All students using school transportation will abide by the code of conduct posted in each school bus or school activity vehicle. Violations of such code, as well as other conduct which is improper or which jeopardizes the safety of self or others, will be reported by the school bus or vehicle driver to the supervisor. The transportation supervisor will, as soon as possible, inform the appropriate principal of such occurrence. Violators may be denied use of transportation for a period of time as deemed proper by the principal and/or
transportation supervisor.

The principal or designee shall ensure transportation officials and drivers receive notification of students having special medical or behavioral protocols identified in student records.

Appropriate training related to specific protocols, including confidentiality requirements, will be provided to drivers.

Aides or assistants that ride a school bus shall receive training on emergency procedures and their role in the safe transportation of all students on the bus.

The school bus or vehicle driver will be responsible for the school bus or vehicle at all times from departure until return. The driver will not participate in any activities that might impair their driving abilities.

The district will comply with all state and federal laws and regulations pertaining to school bus transportation.

END OF POLICY

1 “School of origin” means the school that a student attended when permanently housed or the school in which the student was
last enrolled. When the student has completed the final grade served by the school of origin, the term “school of origin” shall
include the designated receiving school at the next grade level for all feeder schools.
2 “Federal funds” means funds available through Title IV, Part A, and Title V, Part A.
3 If there is not another school in the district to which students can transfer, districts are encouraged, but not required, to explore
other appropriate options, i.e., an agreement with a neighboring district.

4 “Proper fit” means the lap belt of the safety belt or safety harness is positioned low across the thighs and the shoulder belt is
positioned over the collarbone and away from the neck.

Legal Reference(s)

ORS 339.240 - 339.250

ORS 343.155 - 343.246

ORS 343.533

ORS 811.210

ORS 811.215

ORS 815.055

ORS 815.080

ORS 820.100 - 820.190

OAR 581-021-0050 to -0075

OAR 581-022-2345

OAR 581-023-0040

OAR 581-053-0003

OAR 581-053-0004

OAR 581-053-0010

OAR 581-053-0031

OAR 581-053-0040

OAR 581-053-0053

OAR 581-053-0060

OAR 581-053-0070

OAR 581-053-0210

OAR 581-053-0220

OAR 581-053-0230

OAR 581-053-0240

OAR 735-102-0010

Senate Bill 905 (2019)

Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6315, 7912 (2018).
McKinney-Vento Homeless Assistance Act, 42 U.S.C. §§ 11431-11435 (2012).

Cross Reference(s)

ECAC - Video Surveillance
EEAB - School Bus Scheduling and Routing
EEAC - School Bus Safety Program
EEACC - Student Conduct on School Buses

Code: EEAB
Adopted: 1/13/93
Re-adopted: 8/13/97, 12/11/02, 7/13/22

Original Code: EEAB

The establishment of bus routes is based on criteria as set forth by Oregon law, school boundaries and School Board policy EE/EEA - Student Transportation Services.

Stops will be established by the district, considering but not limited to the following; student residences, school boundaries, walking distance to stop and school, safety and location. Any request to extend a bus route that results in additional cost must be authorized by the Director of Business Operations. The Board reserves final jurisdiction of this matter.

In the designation and selection of routes, the district is limited to roads, streets and highways that are maintained by the city of Roseburg, county of Douglas, state of Oregon or any other incorporated city which may become a part of the district. The district is also limited by steep grades, gated communities, gravel roads, streets and highways which are determined to be unsafe for school buses.

In the determination of “miles from school”, the district will consider the distance a student lives from school measured from the closest, reasonable and prudent point between school property identified by the Board for the student’s attendance and the property where the student lives. The distance will be measured over the shortest practicable route on maintained public roadways or over existing pedestrian facilities as provided by law.

In the establishment of bus routes and bus stops, special consideration will be given to walking distances so as to limit the distance the student must travel on a public roadway (up to 1/4 mile) from his/her residence to the school bus pick-up point. Permanent bus stops will be created to establish regular routes from year to year and provide clear directions for families with regard to the closest, most appropriate stop. Exceptions will be considered in rural routes where safety is a primary concern.

A supplemental plan adopted by the Board will identify groups or categories of students who live within the walking limitation for elementary students and secondary students who require transportation based on health or safety reasons, including special education.

END OF POLICY

Legal Reference(s)

ORS 332.405

OAR 581-023-0040

OAR 581-053-0004

OAR 581-053-0031

Cross Reference(s)

EEA - Student Transportation Services

Code: EEAC
Adopted: 1/13/93
Re-adopted: 8/13/97, 7/13/22

Original Codes: EEAC

The contracting agency will ensure instruction for students in school bus safety and emergency evacuation procedures is provided. Drivers shall assist in the instruction.

Students who are regularly transported by the district shall receive the following instruction within the first six weeks of each half of each school year:

Safe school bus riding procedures, including but not limited to loading, unloading and crossing;
Use of emergency exits; and
Planned and orderly evacuation of the school bus in case of emergency, including participation in actual evacuation drills.

Students who are not regularly transported by the district will be given the following instruction at least once in the first half of each school year:

Safe school bus riding procedures, including but not limited to loading, unloading and crossing; and
Use of emergency exits.

The district will document and maintain records of the content and dates of instruction.

Buses will not exceed vehicle design capacity for seating at any time unless an unforeseen or unusual circumstance arises. Passengers will be provided a seat that fully supports them and meets the minimum standards and specifications of law will be provided at all times. A person who weighs 40 pounds or less must be properly secured with a child safety system that meets the minimum standards and specifications established by the Oregon Department of Transportation under Oregon Revised Statute (ORS) 815.055. A person over 40 pounds or who has reached the upper weight limit for the forward-facing car seat must use a booster seat until he/she is four feet nine inches tall or age eight and the adult belt properly fits.[1] A person who is taller than four feet nine inches or eight years of age or older must be properly secured with a safety belt or harness that meets the requirements under ORS 815.055. In accordance with ORS 811.210 and 811.215, vehicles used for student transportation in excess of 10,000 pounds are exempt from this requirement unless they have been equipped with lap belts. Vehicles in excess of 10,000 pounds that have been equipped with lap belts must meet child car seat requirements as set forth in law.

During adverse weather conditions, the superintendent may alter bus schedules or temporarily suspend bus services. The superintendent or designee will advise local radio stations and other media of any changes in bus schedules or services.

In the case of emergency or disaster, evacuation of students will be carried out according to the district’s emergency plan.

An accident review board will study accidents involving district buses and will make recommendations to avoid similar accidents.

END OF POLICY

1 “Proper fit” means the lap belt of the safety belt or safety harness is positioned low across the thighs and the shoulder belt is positioned over the collarbone and away from the neck.

Legal Reference(s)

ORS 811.210
ORS 811.215
ORS 815.055
ORS 815.080
ORS 820.100 to -820.190
OAR 437-002-0220 to -0227
OAR 581-022-2225
OAR 581-053-0002
OAR 581-053-0003
OAR 581-053-0004
OAR 581-053-0010
OAR 581-053-0021
OAR 581-053-0031
OAR 581-053-0210
OAR 581-053-0240
OAR 581-053-0310
OAR 581-053-0320
OAR 581-053-0330
OAR 581-053-0340
OAR 581-053-0410
OAR 581-053-0420
OAR 581-053-0430
OAR 581-053-0440
OAR 581-053-0445
OAR 581-053-0510
OAR 581-053-0520
OAR 581-053-0530
OAR 735-102-0010

Cross Reference(s)

EBC/EBCA - Emergency Procedures and Disaster Plans

EEA - Student Transportation Services

EBCD - Emergency Closures

Code: EEACC
Adopted: 1/13/93
Re-adopted: 8/13/97, 12/11/13, 7/13/22

Original Code: EEACC

The following regulations will govern student conduct on school buses and Type 10 School Activity Vehicles if used for transporting students from home to school, school to home and to and from district-sponsored activities and will be posted in a conspicuous place in all buses:

Students being transported are under authority of the bus driver;
Fighting, wrestling or boisterous activity is prohibited on the bus;
Students will use the emergency door only in case of emergency;
Students will be on time for the bus, both morning and evening;
Students will not bring firearms, weapons or other potentially hazardous material on the bus;
Students will not bring animals, except approved assistance service animals, on the bus;
Students will remain seated while bus is in motion;
Students may be assigned seats by the bus driver;
When necessary to cross the road, students will cross in front of the bus or as instructed by the bus driver;
Students will not extend their hands, arms or heads through bus windows;
Students will have written permission to leave the bus other than for home or school;
Students will converse in normal tones; loud or vulgar language is prohibited;
Students will not open or close windows without permission of the driver;
Students will keep the bus clean and must refrain from damaging it;
Students will be courteous to the driver, fellow students and passers-by;
Students who refuse to promptly obey the directions of the driver or refuse to obey regulations may forfeit their privilege to ride on the buses.

The superintendent will establish other administrative regulations as necessary for the safe conduct of students riding district school buses or other forms of district transportation and for disciplinary procedures. Such regulations will be available to all parents and students and posted in each school bus or other district vehicle.

Students who violate bus rules of conduct may be denied the use of district transportation.

Legal Reference(s)

ORS 339.240

ORS 339.250

ORS 820 .100 - 820.190

OAR 581-021-0050 to -0075

Letter Opinion, Office of the OR Attorney General (Nov. 22, 1988).

Cross Reference(s):

EEA - Student Transportation Services

Code: EEACCA
Adopted: 8/13/97; 7/13/22

The Board, as a part of the district’s ongoing program to improve student discipline and ensure the health, welfare and safety of all those riding school transportation vehicles, shall utilize video cameras on any school vehicles transporting students to and from curricular and extracurricular activities.

The superintendent is directed to develop administrative regulations governing the use of video cameras in accordance with the provisions of law and established Board policies and procedures.

END OF POLICY

Legal Reference(s)

ORS 30.864

ORS 192.420 - 192.505

ORS 332.107

OAR 581-021-0210 to -0430

OAR 581-022-2260

OAR 581-053-0240(11)

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1419 (2012).
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2012); Family Educational Rights and Privacy, 34 C.F.R. Part 99 (2017).

Cross Reference(s):

ECAC - Video Surveillance
JO/IGBAB - Education Records/Records of Students with Disabilities

Code: EEACD
Adopted: 8/13/97
Re-adopted: 12/11/13; 7/13/22

The district may provide for the use of vehicles, commonly designated as Types 10, 20 or 21 pupil transportation vehicles, which do not meet the requirements of a “school bus” for the purpose of transporting students, licensed, classified or other supervisory personnel to and from curricular and extracurricular activities sponsored by the district.

The vehicle shall be insured for bodily injury, property damage, uninsured motorist coverage and personal injury protection. The business manager will recommend amounts to adequately protect the district against loss.

The district will meet or exceed minimum driver requirements and procedures as set forth in Oregon Administrative Rules, Section 53. The district will require in-class instruction as part of its driver training approval process. The district shall meet child safety system requirements and minimum standards and specifications as set forth in state law.

The superintendent will establish administrative regulations as may be necessary to ensure that individuals approved to drive activity vehicles meet or exceed minimum state requirements.

END OF POLICY

Legal Reference(s)

OAR 437-002-0220 to 0227

Code: EEAE
Adopted: 8/13/97
Re-adopted: 4/25/18, 7/13/22

Transportation of students will be by the District's transportation system or by a District employee's automobile, properly insured, except as provided below.

Parents, employees and other designated adults may be permitted to use private vehicles to transport students other than their own on field trips or other school activities if the following conditions have been met prior to the activity:

The building principal or his/her designee has approved the activity;
A permission slip signed by the student’s parent(s) has been received by the principal or designee, granting permission for the student to participate in the field trip/activity and to ride in a privately-owned automobile;
The parent, employee or other adult driving the vehicle is properly licensed to drive and has provided proof of insurance. Such insurance shall meet or exceed minimum requirements as established by the state of Oregon and as set by the district; and
The vehicle contains an adequate number of seat restraints, including when applicable, a child safety system for a child who weighs less than 40 pounds, regardless of age, and the adult driver requires their use. The child safety system must elevate the person so that a safety belt or safety harness properly fits the individual and meets the minimum standards and specifications of law. A person over 40 pounds or who has reached the upper weight limit for the forward-facing car seat must use a booster seat until he/she is four feet nine inches tall or age eight and the adult belt properly fits.[1] A person who is taller than four feet nine inches or eight years of age or older must be properly secured with a safety belt or harness that meets the requirements under Oregon Revised Statute (ORS) 815.055. Training in the proper installation and use of child safety system may be required. The driver is responsible for not placing children under the age of 13 in the front seat of a vehicle equipped with passenger-side air bags. In the event a student(s) is to be transported in a private vehicle by district staff, at least two unrelated individuals (to include one staff member) must accompany the student unless extraordinary circumstances are present.

The district will develop procedures to implement this policy.

[1] "Proper fit" means the lap belt of the safety belt or SAFETY harness is positioned low across the thighs and the shoulder belt is positioned over the collarbone and away from the neck.

Legal Reference(s)

ORS 332.107

Cross Reference(s):
EIA - Insurance Programs
IICA - Field Trips and Special Events

Code: EEAE-AR
Adopted: Unknown
Re-adopted: 12/4/01; 7/13/22

Dear [ ],

You have agreed to transport __________ students of the district to a field -trip function or for some other school-approved purpose. Please be aware that in the event of an accident, your insurance will provide primary coverage. In order to serve as a driver you will be required to provide proof of vehicle liability insurance. Your insurance must meet or exceed minimum requirements as established by the state of Oregon and as set by the district.

Please COMPLETE the following information, providing information requested. SIGN where indicated and RETURN to the school office four working days PRIOR TO THE DATE OF THE EVENT.

Insurance Company Name: ________________________ Expiration Date: ______________________
(not agent’s name)
Policy Number: ____________________________________________________
Policy Limits: _______________________________________________________

Current minimum limits are: $25,000 per person and $50,000 per accident for bodily injury; $20,000 per accident for property damage; $25,000 per person and $50,000 per accident for uninsured motorist coverage; and $15,000 per accident for personal injury protection.

School ____________________________________________________
Driver’s Name: ____________________________________________
Date of Birth: ______________________________________________
Insurance Company Name: __________________________________Effective Date: _______________
Policy Number: ___________________________________________________________________________
Oregon Driver’s License Number: ____________________________

Signature: ___________________________________________ Date: ________________

Name of volunteer verifying the above information (as it appears on your driver license): _______________________________________________________
Address: _________________________________________________________________
Daytime Phone: ________________________________________________________

Return form to fiscal officer. If you do not have required coverage, you will not be allowed to transport students. (Insurance companies may increase coverage for specific dates.)

Code: EEBB
Adopted: 7/13/22

The Board discourages the use of private vehicles for district business, including the transportation of students. Staff will use district-owned vehicles whenever possible and should schedule activities and transportation far enough in advance to avoid any nonemergency use of private vehicles.

The superintendent will develop regulations for staff use of private vehicles that will safeguard the district, its employees and students in matters of safety, insurance and liability. The Board will review such regulations at least annually.

No staff member will use a private vehicle for district business, including the transportation of students, without approval in accordance with established district procedures. Authorization to use a private vehicle must be obtained before actual use of the vehicle. Staff members who are authorized to use a private vehicle on district business will be reimbursed in an amount established by the Board.

At least two individuals must accompany a student being transported in a private vehicle.
A student may be allowed to perform district business with his/her own vehicle. Any student so authorized must obtain prior written approval from the designated district official.

END OF POLICY

Legal Reference(s):
ORS 30.260 to -30.265
ORS 332.107
ORS 801.455
ORS 811.210
ORS 815.055
ORS 815.080
OAR 735-102-0010

Cross Reference(s):

DLC - Expense Reimbursement

Code: EFA
Adopted: 8/13/97
Re-adopted: 6/14/06, 10/25/17; 7/13/22; 5/22/2024

{Required. Title 7 C.F.R. 210.31(a) requires local education agencies to “establish a local school wellness policy for all schools participating in the National School Lunch Program and/or School Breakfast Program…”. The law describes the policy as “a written plan that includes” various components intended to improve student wellness. This policy is designed to meet the requirements for a wellness policy and provide the framework for the district’s plan. Previously these requirements were split between the policy and an administrative regulation (AR). All required and/or related content is now included in the model policy, therefore OSBA recommends deleting the AR if the district previously included it in the board’s policy manual. Districts should consult with stakeholders in the process of adoption and incorporate language that meets the unique needs of the district.}

The district is committed to the optimal development of every student and believes that a positive, safe and health-promoting learning environment is necessary for students to have the opportunity to achieve personal, academic, developmental and social success.

To help ensure students possess the knowledge and skills necessary to make healthy choices for a lifetime, the superintendent shall prepare and implement a comprehensive district nutrition program consistent with state and federal requirements for districts sponsoring the National School Lunch Program (NSLP) and/or the School Breakfast Program (SBP). The program shall reflect the Board’s commitment to providing adequate time for instruction that fosters healthy eating through nutrition education and promotion, serving healthy and appealing foods at district schools, developing food-use guidelines for staff and establishing liaisons with nutrition service providers, as appropriate.

The district superintendent or designee shall establish a Wellness Advisory Committee to advise the district in the development, review and update of the local wellness policy.

POLICY IMPLEMENTATION, MONITORING, ACCOUNTABILITY AND COMMUNITY ENGAGEMENT

Implementation

The district shall manage and coordinate the implementation of this local wellness policy.

Implementation will consist of, but not be limited to, the following:

1. Delineating roles, responsibilities, actions and timelines specific to each school;
2. Generating and disseminating information about who will be responsible to make what change, by how much, where and when;
3. Establishing standards for all foods and beverages provided (but not sold) to students during the school day on participating school campuses;
4. Establishing standards and nutrition guidelines for all foods and beverages sold to students during the school day on participating school campuses that meet state and federal nutrition standards for NSLP and SBP, competitive foods, permit marketing of same that meets the competitive food nutrition standards, and promotes student health and reduces child obesity; and
5. Establishing specific goals for nutrition promotion and education, physical activity[, physical education] and other school-based activities that promote student wellness.

The Board designates the principal(s) to be responsible for ensuring each school meets the goals outlined and complies with this policy.

Record Keeping

The district will retain the following records to document compliance with the local wellness policy requirements at the district’s administrative offices:

1. The written local wellness policy;
2. Documentation to demonstrate the policy has been made available to the public;
3. Documentation of efforts to review and update the local wellness policy, including an indication of who participates in the update and the methods the district uses to make stakeholders aware of their ability to participate;
4. Documentation to demonstrate compliance with the annual public notification requirements;
5. Documentation of the district’s most recent assessment on the implementation of the local wellness policy;
6. Documentation to demonstrate the most recent assessment on the implementation of the local wellness policy has been made available to the public.

Notification of Policy

The district will inform the public about the content and implementation of the local wellness policy, and post the policy and any updates to the policy on the district website annually. Included will be, if available, the most recent assessment of the implementation, and a description of the progress being made in attaining the goals of the policy.
The district will publicize the name and contact information of the district or school official(s) leading and coordinating the policy and information on how the public can get involved with the local wellness policy. This information will be published on the district’s website and in district communications.

Triennial Progress Assessments

At least once every three years, the district will evaluate the implementation of this policy and its progress with a triennial assessment and produce a progress report that will include:

1. The extent to which schools under the jurisdiction of the district are in compliance with the policy;
2. The extent to which the district’s policy compares to model local school wellness policy^{1}; and
3. A description of the progress made in attaining the goals of the district’s policy.

The district will publish the triennial progress report on the district website when available. The district will update or modify the policy based on results of the triennial assessment.

Community Involvement, Outreach and Communications (Review of, and Updating Policy)^{2}

The district will actively communicate ways in which the community can participate in the development, implementation and periodic review and update of the local wellness policy. The district will communicate information about opportunities in community news, on the district’s website, on school websites, and/or in district or school communications. The district will ensure that communications are culturally and linguistically appropriate to the community.

Parents, students, representatives of the school food authority, teachers of physical education, school health professionals, the Board, school administrators, and the general public will be solicited to participate in the periodic review and update of the local school wellness policy.

Wellness Advisory Committee^{3}

The district supports a wellness advisory committee to assist the development, implementation, and periodic review and update of the local wellness policy. The superintendent or designee will be a member of this committee.

The district will publicize information about the wellness advisory committee [in community news, in communications to parents, and/or on websites operated by the district] to communicate to parents, students and the community at large to explain the committee’s purpose, process and an invitation to volunteer.

1. The wellness advisory committee membership will include, to the extent possible, but not be limited to:

a. Parents, caregivers and students;
b. Representatives of the school nutrition program (e.g., school nutrition director);
c. Physical education and/or health education teachers;
d. School health professionals (e.g., school nurses, physicians, dentists, health educators and other allied health personnel who provide school health services);
e. Mental health and social services staff (e.g., school counselors, psychologists, social workers, or psychiatrists);
f. School administrators (e.g., superintendent, assistant superintendent, principal, vice principal);
g. Board members;
h. Supplemental Nutrition Assistance Program (SNAP) education coordinators;
i. Healthcare professionals and/or other health related professionals (e.g., dietitians, doctors, nurses, dentists); and
j. Members of the general public.

2. The committee, appointed by the superintendent or designee, will meet to organize and vote on a committee chair and a secretary prior to or at the beginning of the school year. The chair and secretary will serve for one year minimum and may be reappointed.
3. The wellness advisory committee will meet [four] times per year to review of the local wellness policy.
4. The committee will facilitate the development, review and update of the wellness policy, and evaluate each participating school’s compliance with the policy.

The district will create building-level committees to establish school-specific goals and activities that implement this policy. A school coordinator will be designated to support compliance with this policy.]

NUTRITION PROMOTION AND NUTRITION EDUCATION

Nutrition promotion and nutrition education positively influence lifelong eating behaviors by using evidence-based strategies and techniques and nutrition messages and by creating food environments that support healthy nutrition choices.

Nutrition promotion and nutrition education shall be a sequential and integrated focus on improving students’ eating behaviors, reflect evidence-based strategies and be consistent with state and local district health education standards.

To promote nutrition education in the schools, the principal is responsible for ensuring the following goals are implemented:

1. ^{4}Students and staff will receive consistent nutrition messages throughout the school environment;
2. Nutrition education is provided throughout the student’s school years as part of the district’s age-appropriate, comprehensive nutrition program (which includes the benefits of healthy eating, essential nutrients, nutritional deficiencies, principles of healthy weight management, the use and misuse of dietary supplements, safe food preparation, and handling and storage related to food and eating), and is aligned and coordinated with the Oregon Health Education Standards and school health education programs;
3. Nutrition education will include culturally relevant, participatory activities that include social learning strategies and activities that are aligned and coordinated with the Oregon Health Education Standards and school health education programs;
4. Teachers will receive curriculum-specific training;
5. Parents and families are encouraged through school communications to send healthy snacks/meals and reusable water bottles with their student to school;
6. Families and community organizations are involved, to the extent practicable, in nutrition education;
7. Nutrition education homework that students can do with their families is assigned (e.g., reading and interpreting food labels, reading nutrition-related newsletters, preparing healthy recipes);
8. Materials on how to assess one’s personal eating habits, set goals for improvement and achieve those goals.

Nutrition promotion, including marketing and advertising nutritious foods and beverages to students, will be implemented consistently through a comprehensive and multi-channel approach, (e.g., in the classroom, cafeteria and at home) by staff, teachers, parents, students and the community.

To ensure adequate nutrition promotion, the following goals will be implemented:

1. ^{5}Information about available meal programs is distributed prior to or at the beginning of the school year and at other times throughout the school year;
2. Information about availability and location of a Summer Food Service Program (SFSP) is distributed;
3. Nutrition promotion materials are sent home with students, published on the district website, and distributed at parent-teacher conferences;
4. Families are invited to attend exhibitions of student nutrition projects or health fairs;
5. Physical activity is a planned part of all school-community events.

School Meals

Schools within the district participate in U.S. Department of Agriculture (USDA) child nutrition program(s), administered through the Oregon Department of Education (ODE) which may include the NSLP and the SBP, Fresh Fruit & Vegetable Program (FFVP), After School Snack Program (ASSP), Special Milk Program (SMP), Summer Food Service Program (SFSP), Supper programs or others. The district also operates additional nutrition-related programs and activities including Farm-to-School programs, school gardens, Breakfast in the Classroom, Mobile Breakfast carts or Grab ‘n’ Go Breakfast.

The district’s available meal program(s) will operate to meet meal pattern requirements and dietary specifications in accordance with the Healthy, Hunger-Free Kids Act and applicable federal laws and regulations.

The principal(s) will support nutrition and food services operation as addressed in Board policy EFAA – District Nutrition and Food Services and its accompanying administrative regulation EFAA-AR – Reimbursable Meals and Milk Programs.

Water

Free, safe, unflavored, drinking water will be available to all students throughout the school day and throughout every school campus. The district will make drinking water available where school meals are served during mealtimes.

Competitive Foods and Beverages

The district controls the sale of all competitive foods. All foods and beverages outside the reimbursable school meal programs that are sold to students on the school campus during the school day will meet or exceed Smart Snacks Standards^{6}.

Celebrations and Rewards/Incentives

All foods and beverages offered on the school campus will meet or exceed the nutrition standards set by the USDA and the Oregon Smart Snacks Standards. This includes, but is not limited to, celebrations, parties, and classroom snacks brought by parents. This information will be conveyed to staff and parents.

Fund Raising

Foods and beverages that meet or exceed the nutrition standards set by the USDA and the Oregon Smart Snacks Standards may be sold through fund raisers on the school campus during the school day. Such requests to conduct a fund raiser will be submitted to the principal for approval before starting.

Food and Beverage Marketing in Schools

Any foods and beverages marketed or promoted to students on the school campus during the school day will meet or exceed the nutrition standards for competitive foods set by the USDA.

The district will review existing contracts, new contracts and equipment, and product purchase or replacement to reflect the applicable food and beverage marketing guidelines.

PHYSICAL ACTIVITY AND PHYSICAL EDUCATION

A quality physical education program is an essential component for all students to learn about and participate in physical activity. The district will develop and assess student performance standards and program minute requirements in order to meet ODE’s physical education content standards and state law.

Physical activity should be included in the school’s daily education program for grades pre-K through 12 and include regular, instructional physical education, as well as co-curricular activities and recess.

In order to ensure students are afforded the opportunity to engage in physical education and physical activity in the school setting, the following goals are established:

1. ^{7}[Physical education will be a course of study that focuses on students’ physical literacy and development of motor skills;
2. Staff encourages and provides support for parental involvement in their children’s physical education;
3. Physical education courses will be the environment where students learn, practice and are assessed on developmentally appropriate knowledge, skills and confidence to become physically literate;
4. Instruction, provided by adequately prepared teachers, i.e., licensed or endorsed to teach physical education, will meet the state adopted academic content standards for physical education (Oregon Revised Statute (ORS) 329.045). Teachers of physical education shall regularly participate in professional development activities annually;
5. ^{8}Every public school student in pre-kindergarten through grade 8 shall participate in physical education for the entire school year. Students in kindergarten through grade 5 shall participate for a least 150 minutes during each school week, and students in grades 6 through 8 for at least an average of 150 minutes during each school week, as calculated over the duration of a school year;
6. Physical activity will be integrated across curricula and throughout the school day. Movement will be made a part of all classes or courses as part of a well-rounded education;
7. Physical activity during the school day (including, but not limited to, recess, classroom physical activity breaks or physical education) will not be used as a punishment or a reward;
8. ^{9}At least 50 percent of the weekly physical education class time in grades K through 8 shall be devoted to actual physical activity;
9. Physical activity is a planned part of all school-community events;
10. Materials promoting physical activity are sent home with students and published on the district website.

^{10} A student with a disability shall have suitably adapted physical education incorporated as part of their individualized education program (IEP) developed under ORS 343.151. A student who does not have an IEP but has chronic health problems, other disabling conditions or other special needs that preclude them from participating in regular physical education instruction, shall have suitably adapted physical education incorporated as part of their individualized health plan, developed by the district.

Other Activities that Promote Student Wellness

The district will integrate wellness activities throughout the entire school environment (districtwide). The district will coordinate and integrate other initiatives related to physical activity, physical education, nutrition and other wellness components so all efforts are complementary, not duplicated and work toward the same set of goals promoting student well-being, optimal development and strong educational outcomes.

The district will provide the following activities and encourage the following practices which promote local wellness:

1. Scoliosis screenings;
2. Safe Routes to Schools Program;
3. Physically active family and community engagement activities for families to learn about healthy eating or to practice being active together (e.g., skate night, fun run, dance night);
4. Nonfood-related fund raisers;
5. Physical activity energizers during transitions from one subject to another;
6. Intramural sports;
7. Monthly/Weekly school walks;
8. Assemblies which focus on wellness issues such as the importance of breakfast, healthy beverages, and how students and staff can incorporate 60 minutes of physical activity into their day;
9. Use of alternates to food as rewards in the classroom;
10. Creation of connections between out-of-school time (OST) programs that involve staff members from OST programs, both school- and community-based, in school initiatives that address healthy eating, such as school wellness teams or wellness committees;
11. Integration of social, emotional and mental health supports into school programs (e.g., promote a positive school climate where respect is encouraged and students can seek help from trusted adults);
12. Communication between classroom teachers and nutrition staff, so that menus and nutrition promotion can be tied into classroom learning and coursework;
13. Include wellness as a standing agenda item for school-based meetings (e.g., staff meetings, site council meetings, PTO).

^{11}Employee Wellness^{12}

The district encourages staff to pursue a healthy lifestyle that contributes to their improved health status, improved morale and a greater personal commitment to the school’s overall wellness program. Many actions and conditions that affect the health of staff may also influence the health and learning of students. The physical and mental health of staff is integral to promoting and protecting the health of students and helps foster their academic success. The district’s Employee Wellness Program will promote health, reduce risky behaviors of employees and identify and correct conditions in the workplace that can compromise the health of staff, reduce their levels of productivity, impede student success and contribute to escalating health-related costs such as absenteeism.

The district will collaborate with community partners to identify programs, services and/or resources to compliment and enrich employee wellness endeavors.

The district’s Employee Wellness Program may include the following:

1. Health education and health promoting activities that focus on skill development and lifestyle behavior that change along with awareness building, information dissemination, access to facilities, and are preferably tailored to employees’ needs and interests;
2. Safe, supportive social and physical environments including organizational expectations about healthy behavior, and implementation of policy that promotes health and safety and reduces the risk of disease;
3. Linkage to related programs such as employee assistance programs, emergency care and programs that help employees balance work life and family life;
4. Education and resources to help employees make decisions about health care; and
5. Nutrition and fitness educational opportunities that may include but are not limited to, the distribution of educational and informational materials, and the arrangement of presentations and workshops that focus on healthy lifestyles, health assessments, fitness activities and other appropriate nutrition and physical activity related topics.

The district encourages participation from all employees. “Employees” are not limited to instructional staff (i.e., teachers and instructional assistants), but includes all administrators and support staff.

The following groups are seen as essential for establishing, implementing and sustaining an effective employee wellness program:

1. School personnel who implement existing wellness programs in the district (i.e., employee wellness committee);
2. District personnel who implement health programs for students (e.g., school health coordinator, school nurses, psychologist, health and physical educators, nutrition professionals, counselors and other staff); and
3. Decision makers who have the authority to approve policy and provide administrative support essential for a school wellness program (e.g., Board members, superintendents, human resource administrators, fiscal services administrators and principals).

DEFINITIONS

1. “Competitive food” means all food and beverages other than meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act and the Child Nutrition Act available for sale to students on the school campus during the school day.
2. “Food and beverage marketing”^[13] is defined as advertising and other promotion in schools. Food and beverage marketing often includes an oral, written or graphic statement made for the purpose of promoting the sale of a food or beverage product made by the producer, manufacturer, seller or any other entity with a commercial interest in the product.
3. “Oregon Smart Snacks Standards”^{14} means the State’s minimum nutrition standards for competitive foods and beverages (ORS 336.423).
4. “School day” means, for the purpose of competitive food standards implementation, the period from the midnight before, to 30 minutes after the end of the official school day[, i.e., at the conclusion of afternoon student activities, such as athletic, music or drama practices, clubs, academic support and enrichment activities.
5. “School campus” means, for the purpose of competitive food standards implementation, all areas of property under the jurisdiction of the school that are accessible to students during the school day.

1 {Model Wellness Policy resource published by the Alliance for a Healthier Generation. OSBA makes no representation of its compliance by providing this resource.}

2 {USDA Local school wellness policy resource; CDC resource; CDC Healthy Schools resource; USDA Local school wellness policy outreach toolkit and communication resource from Alliance for a Healthier Generation.}

3 {A Wellness Advisory Committee is not required. If the district chooses to have a committee, the district should amend the language here to establish the membership and responsibilities of the committee. School Wellness Committee Toolkit published by the Alliance for a Healthier Generation}

4 {The goals listed are examples; districts are required to include goals in the policy. Districts are encouraged to evaluate needs and resources and to develop specific goals. Districts are required to “review and consider evidence-based strategies and techniques” (7 CFR 210.31(c)(1)). Model Wellness Policy resource published by the Alliance for a Healthier Generation. OSBA makes no representation of its compliance by providing this resource.}

5 {The goals listed are examples; districts are required to include goals in the policy. Districts are encouraged to evaluate needs and resources and to develop specific goals. Districts are required to “review and consider evidence-based strategies and techniques” (7 CFR 210.31(c)(1)). Model Wellness Policy resource published by the Alliance for a Healthier Generation. OSBA makes no representation of its compliance by providing this resource.}

6 Oregon Department of Education, Oregon Smart Snacks Standards

7 {The goals listed are examples; districts are required to include goals in the policy. Districts are encouraged to evaluate needs and resources and to develop specific goals. Districts are required to “review and consider evidence-based strategies and techniques” (7 CFR 210.31(c)(1)). Model Wellness Policy resource published by the Alliance for a Healthier Generation. OSBA makes no representation of its compliance by providing this resource.}

8 {Districts are required to provide the specified number of physical education minutes, but are not required to include them as goals or in this policy. If the district operates K-5 elementary schools, select “5” in the first bracket and “6” in the second bracket. If the district operates K-6 elementary schools, select “6” in the first bracket and “7” in the second bracket.}

9 {This language is not required to be in policy, but this is a required action pursuant to ORS 329.496.}

10 {This language is not required to be in policy, but this is a required action pursuant to ORS 329.496.}

11 {This language is optional and is not required by state or federal law.}

12 {CDC resources for school employee wellness and workplace health promotion}

13 This term includes, but is not limited to, the following: brand names, trademarks, logos or tags, except when placed on a physically present food or beverage product or its container; displays, such as on vending machine exteriors; corporate brand, logo, name or trademark on school equipment, such as marquees, message boards, scoreboards or backboards (Note: Immediate replacement of these items is not required; however, districts will replace or update scoreboards or other durable equipment when existing contracts are up for renewal or to the extent that is financially possible over time so that items are in compliance.); corporate brand, logo, name or trademark on cups used for beverage dispensing, menu boards, coolers, trash cans and other food service equipment; as well as on posters, book covers, student assignment books or school supplies displayed, distributed, offered or sold by the district; advertisements in school publications or school mailings; free product samples, taste tests or coupons of a product, or free samples displaying advertising of a product.

14 Oregon Department of Education, Oregon Smart Snacks Standards

END OF POLICY

Legal Reference(s):

ORS 327.531
ORS 327.537
ORS 329.496
ORS 332.107
ORS 336.423
OAR 581-051-0100
OAR 581-051-0305
OAR 581-051-0306
OAR 581-051-0310
OAR 581-051-0400
Healthy, Hunger-Free Kids Act of 2010, 42 U.S.C. §1758b (2018).
National School Lunch Program, 7 C.F.R. Part 210 (2022).
School Breakfast Program, 7 C.F.R. Part 220 (2022).
House Bill 3199 (2023).

Code: EFAA
Adopted: Unknown
Re-adopted: 8/13/97, 10/12/11, 4/8/15, 4/12/17; 7/13/22

Original Codes: EFAA

The district may enter into an agreement with the Oregon Department of Education (ODE) to operate the National School Lunch Program (NSLP) and the Commodity Food Distribution Program (CFDP) by signing a permanent Sponsor-ODE Agreement entitling the district to receive reimbursement for all meals that meet program requirements and to earn USDA Food entitlement based on the number of lunches served.

The permanent agreement shall be signed by the superintendent or other school official with authority to obligate the district to legally binding contracts, subject to annual ODE renewal and will include, at the district’s option, an agreement to operate the School Breakfast Program (SBP), Summer Food Service Program (SFSP), the Child and Adult Care Food Program (CACFP), and the Special Milk Program (SMP). The district recognizes that meals and snacks served by the district will not be eligible for reimbursement until the annual program update is received and approved by ODE.

The permanent Sponsor-ODE Agreement shall include assurances by the district that it will follow all Child Nutrition Program regulations for which the district is approved to operate:

Free and reduced price process (updated annually);
Financial management of the nonprofit school food service;
Civil rights and confidentiality procedures;
Meal pattern and nutrition content of meals served;
Use and control of commodity foods;
Accuracy of reimbursement claims;
Food safety and sanitation inspections.
Nutrition standards for foods and beverages sold to students.

The superintendent will develop an administrative regulation as necessary to implement this policy and meet the requirements of state and federal law. The administrative regulation will be reviewed and adopted by the Board as required by law.

END OF POLICY

Legal Reference(s)

ORS 327.520 - 327.537

ORS 336.423ORS 336.423
OAR 581-022-2345

Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, 7 C.F.R. Part 15b (2017).
U.S.D.A., ELIGIBILITY GUIDANCE FOR SCHOOL MEALS MANUAL.
U.S.D.A., FNS INSTRUCTION 765-7 REV. 2: HANDLING LOST, STOLEN AND MISUSED MEAL TICKETS.
Healthy, Hunger-Free Kids Act of 2010, 42 U.S.C.§§ 1758, 1760 (2012).
National School Lunch Program 7 C.F.R. Part 210 (2017)
U.S.D.A. Instruction 113-1 Civil Rights
Donation of Foods for Use in the United States, Its Territories and Possessions and Areas Under its Jurisdiction, 7 C.F.R. Part 250 (2017)
Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. 200 (2017).

Cross Reference(s):

EFA - Local Wellness Program

Code: EFAA-AR
Adopted: Unknown
Re-adopted: 8/13/97, 10/12/11, 4/2015, 7/13/22

The district’s nutrition and food services will be operated in accordance with the following requirements:

Meal Pricing Procedures

The district may operate the Special Milk Program (SMP) at schools where students do not have access to program meals. Under SMP, the district will choose one of the following options:

Nonpricing (serve SMP milk at no charge to all students);
Pricing programs without a free option (charge all students for SMP milk); or
Pricing programs with a free option (distribute confidential applications for free milk and charge only those students for SMP milk who do not qualify for free milk based on the household’s application or direct certification from Supplemental Nutrition Assistance Programs (SNAP)).

Reimbursable meals and afterschool snacks will be priced as a unit.

Reimbursable meals, milk and afterschool snacks will be served free or at a reduced price to all children who are determined by the district to be eligible for free or reduced price meals and free milk.

Annually, the district will establish prices for reimbursable student meals, snacks and milk. The price charged to students who do not qualify for free or reduced price meals or free milk will be established annually by the district in compliance with state and federal laws.^[1]

The price charged to students who qualify for reduced price meals will be established annually by the district in compliance with state and federal laws.^[2]

The district will offer SMP with the free option to students who are not able to participate in the district’s lunch or breakfast programs.

The district will implement claiming alternative Provision 2 at all schools under its jurisdiction.

Application Procedures

Households receiving SNAP or Temporary Assistance to Needy Families (TANF) benefits, as identified by Oregon Department of Education (ODE), will be automatically eligible for free meals, afterschool snacks and milk for the students listed on the official document. Districts must access this document at least three times per year.

Students receiving support through the migrant education program, Runaway and Homeless Youth Act, McKinney-Vento Homeless Assistance Act, federal Head Start and state-funded prekindergarten programs, with income eligibility criteria identical or more stringent than federal Head Start, or are in state or court placement foster care, will be automatically eligible for free meals, afterschool snacks and milk, for the students listed on the official documents.

Households that submit a confidential application will be notified of their student’s eligibility for free or reduced price meals or free milk. Households that are denied free or reduced price benefits will be notified in writing using the ODE template letter distributed to the district annually.
On a case-by-case basis, when a student is known to be eligible for free or reduced price meal or free milk benefits and the household fails to submit a confidential application, the superintendent or designee may complete an application for the student documenting how he/she knows the household income qualifies the student for free or reduced price meal benefits. Parents of a student approved for free or reduced price benefits, when application is made for the student by a school official, will be notified of the decision and given the opportunity to decline benefits.
Students who do not qualify for free or reduced price meals or free milk are eligible to participate in the SMP, National School Lunch Program (NSLP), and School Breakfast Program (SBP) and will be charged “paid” prices set by the district. “Paid” category students will be treated equally to students receiving free or reduced price benefits in every aspect of the district’s NSLP, SMP and SBP.
The district has established a fair hearing process under which a household can appeal a decision with respect to the household’s application for benefits or any subsequent reduction or termination of benefits.
In the event of major employers contemplating large layoffs in the attendance area of the district, the district will provide confidential applications and eligibility criteria for free and reduced price meals or free milk to the employer for distribution to affected employees.

Financial Management of the Nonprofit School Food Service

The district will maintain a nonprofit school nutrition and food service operation.

Revenues earned by the school nutrition and food services will be used only for the operation or improvement of NSLP, and SMP, and SBP.

Lunch and breakfast meals served to teachers, administrators, custodians and other adults not directly involved with the operation of the district’s nutrition and food services will be priced to cover all direct and indirect cost of preparing and serving the meal.^[3]

District nutrition and food services revenues will not be used to purchase land or buildings.

The district will limit its nutrition and food services net cash resources to an amount that does not exceed three months average expenditures.

The district will maintain effective control and accountability for, and adequately safeguard, all nutrition and food services’ cash, real and personal property, equipment and other assets, and ensure they are used solely for nutrition and food services purposes.

The district will meet the requirements for allowable NSLP, SMP and SBP costs as described in 2 C.F.R. 200.

In purchasing nutrition and food services goods or services, the district will not accept proposals or bids from any party that has developed or drafted specifications, requirements, statements of work, invitations for bids, requests for proposals, contract terms and conditions or other documents for proposals used to conduct the procurement.

All procurement transactions for nutrition and food services goods and services will be conducted according to state, federal and district procurement standards using the applicable cost thresholds.

In the operation of its nutrition and food services program, the district will purchase food products that are produced in the United States, whenever possible.

The district may use facilities, equipment and personnel supported with nutrition and food services revenue to support a nonprofit nutrition program for the elderly.

Civil Rights and Confidentiality Procedures

The district will not discriminate against any student because of his/her eligibility for free or reduced price meals.

The district will not discriminate against any student or any nutrition and food service employee because of race, color, national origin, sex, sexual orientation, religion, age or disability.

The district will assure that all students and nutrition and food services employees are not subject to different treatment, disparate impact or a hostile environment.

Established district procedures will be followed for receiving and processing civil rights complaints related to applications for NSLP, SMP and SBP benefits and services, and employment practices with regard to the operation of its NSLP, SMP and SBP. The district will forward any civil rights complaint regarding the district’s nutrition and food services to ODE’s director of Child Nutrition Programs within three days of receiving the complaint.

The district will make written or oral translations of all nutrition and food services materials available to all households who do not read or speak English.

The district will maintain strict confidentiality of all information on the confidential application for free and reduced price meals or free milk, including students’ eligibility for free or reduced price meals and all household information. The district’s NSLP, SMP and SBP operators are not required to release any information from a student’s confidential application for free or reduced price meals or free milk. No information may be released from a student’s confidential application for free or reduced price meals or free milk without first obtaining written permission from the student’s parent or legal guardian/adult household member signing the application, except as follows:

An individual student’s name and eligibility status may be released without written consent only to persons who operate or administer federal education programs; persons who operate or administer state education or state health programs at the state level; persons evaluating state, education assessment; or persons who operate or administer any other NSLP, SBP, SMP, Summer Food Service Program (SFSP), Child and Adult Care Food Program (CACFP) or the Food Stamp Program;

Any other confidential information contained in the confidential application for free and reduced price meals or free milk (e.g., family income, address, etc.) may be released without written consent only to persons who operate or administer NSLP, SBP, SMP, CACFP, SFSP and the Special Supplemental Nutrition Program for Women, Infants and Children (WIC); the Comptroller General of the United States for audit purposes; and federal, state or local law enforcement officials investigating alleged violation of any of the programs listed above.

Nutrition and Menu Planning

Meals and afterschool snacks served for reimbursement will meet the nutrition standards established by the U.S. Department of Agriculture (USDA) and Oregon Smart Snacks Standards.

Meals and snacks served for reimbursement will meet at least the minimum NSLP and SBP requirements for food items and quantities.

Meals served for reimbursement will:

Meet all calorie range requirements by grade level;
Meet the maximum standards set for saturated fat;
Meet the maximum standards set for sodium by grade level; and
Meet the requirement for zero grams of trans fats.

The district will use the offer versus serve option when serving NSLP lunches to senior high school students. High school students must take at least three of five different food items including one-half cup of fruit or vegetable offered in program lunches.

The district will use the offer versus serve option when serving program breakfasts to senior high school students. High school students must take at least three of four food items, including one-half cup of fruit or vegetable offered in program breakfasts.

The district will use the offer versus serve option when serving program lunches to students below senior high school grades. Students below high school grades will be required to take three of the five food items, including one-half cup of fruit or vegetable offered in program lunches.
The district will use the offer versus serve option when serving program breakfasts to students below senior high school grades. Students below high school grades will be required to take three of the four food items, including one-half cup of fruit offered in program breakfasts.
A copy of the Board minutes adopting the offer versus serve policy for students below high school grades for program lunches and/or for all students in the district for program breakfasts, as applicable, will be made available upon request.

Use and Control of Commodity Foods

The district will accept and use commodity foods in as large a quantity as may be efficiently utilized in the NSLP and SBP program.

The district will maintain necessary safeguards to prevent theft or spoilage of commodity foods.

The value of commodity foods used for any food production other than NSLP, SBP or snacks shall be replaced in the food service inventory.

Accuracy of Reimbursement Claims

The district will claim reimbursement only for reimbursable meals, afterschool snacks and milk served to eligible children.

All meals, afterschool snacks and milk claimed for reimbursement will be counted at each dining site at a “point of service” where it can be accurately determined that the meal, afterschool snack and milk meets NSLP, SMP and SBP requirements for reimbursement.

The person responsible for determining if the meals and afterschool snacks are reimbursable will be trained to recognize a reimbursable meal and snacks.

The district official signing the claim for reimbursement will review and analyze monthly meal, afterschool snack and milk counts to ensure accuracy of the claim, before submitting the claim to ODE.

Annually, by November 15, the district will verify a random sample of applications according to NSLP verification requirements. Instructions for completing the verification process will be sent by ODE to the district in October each year.

Food Safety and Sanitation Inspections

The district will maintain necessary facilities for storing, preparing and serving food and milk.

Semiannually, the district will schedule food safety inspections with the county Environmental Health Department for each school or dining site under its jurisdiction.

The district will maintain health standards in compliance with all applicable state food safety regulations at each school or dining site under its jurisdiction.

General USDA NSLP/SBP/SMP Requirements

The district will ensure that no student is denied a meal as a disciplinary action.

Breakfast will be served in the morning hours, at or near the beginning of the student’s school day.

Lunch will be served between the hours of 10 a.m. and 2 p.m.

The district will provide substitute foods for students with a disability4 that restricts their diet when supported by a written statement from a state-licensed health care professional, who is authorized to write medical prescriptions. Substitutions will be provided only when a medical statement from the licensed health care professional is on file at the school. The medical statement must state the nature of the child’s impairment so its effect on the student’s diet is understood, and what must be done to accommodate the impairment. The district will not charge more than the price of the school meal, as determined by the child’s eligibility status, for substitute meals or foods.

The district will control the sale of competitive foods.

The district will ensure that potable drinking water will be available to students, free of charge for consumption in the place where meals are served during meal service.

The district will notify all households and appropriate staff of its meal charge requirements[5] at the beginning of each school year, upon enrollment of a student or the transfer of a student. The meal charging requirements will be posted on the district website, published in the student/parent handbook and made available in the information on free and reduced-priced meals.

The sale of foods in competition with the district’s lunch (NSLP) or breakfast (SBP) programs will be allowed in dining sites during lunch and breakfast periods with Board approval only when all income from the food sales accrues to the benefit of the district’s nutrition and food services or accrues to a school or student organization approved by the Board. A copy of the Board minutes approving and defining competitive food sales will be made available upon request.
Students will be charged for second servings of meals or portions of meals served.

Record Keeping

The following documents will be maintained by the district for three years after the current school year or longer, in the event of an unresolved audit(s), until the audit(s) has been completed:

All currently approved and denied confidential applications for free and reduced price meals, free milk and all current direct certification documents, eligibility verification documents and school membership or enrollment lists;

Financial records that account for all revenues and expenditures of the district’s nonprofit nutrition and food services programs, including procurement documents;

Records (i.e., recipes, ingredient lists and nutrition fact labels or product specifications) that document the compliance with nutrition standards for all program and competitive foods available for sale to students at a school campus;
Documents of participation data (i.e. meal counts) from each school in the district to support claims for reimbursement;
Production and menu records;
Records to document compliance with Paid Lunch Equity;
Records to document compliance with Revenue from Nonprogram Foods; and
Internal program monitoring documents for NSLP, SBP, afterschool snacks.

[1]The new requirement under Healthy, Hunger-Free Kids Act of 2010, 42 U.SC. 1751 §§ 205 establishes new criteria for equity in school lunch pricing.

[2]According to Direct Certification and Certification of Homeless, Migrant and Runaway Children for Free School Meals, 7 C.F.R. Part 245 (2011).

[3]For meals with portion sizes equivalent to student meals, the adult meal price will be no less than the amount of reimbursement for a free-eligible meal, plus the value of commodity foods used in the meal preparation.

[4]To comply with Section 504 as it relates to a student’s severe food allergy, such as milk, gluten, nut or soy, and including but not limited to diabetes, colitis, etc.

5 Federal law requires the district to publish meal charging requirements. The district’s charging requirements must identify how and when the information about account balances is communicated to staff, students and parents, and what collection methods will be used on delinquent balances.

Code: EFD
Adopted: 8/13/97; 7/13/22

In keeping with public health authority guidelines, only food prepared in an inspected kitchen will be available in the district.
No foods prepared at home will be served at school parties, events or activities.

END OF POLICY

Legal Reference(s)

ORS 332.107

Code: EGAAA
Adopted: 2/13/91
Re-adopted: 8/13/97; 7/13/22

Original Code: EGAAA

Among the facilities available to teachers in carrying out their educational assignments are a variety of machines for reproducing the written and spoken word, either in single or multiple copies.

Infringement on copyrighted material, whether prose, poetry, graphic images, music, audiotape, video or computer-programmed materials, is a serious offense against federal law and contrary to the ethical standards required of staff and students alike.

Violations may result in criminal or civil suits.

The Board therefore requires that all reproduction of copyrighted material be conducted strictly in accordance with applicable provisions of law. Unless otherwise allowed as “fair use” under federal law, permission must be acquired from the copyright owner prior to reproduction of material in any form.

“Fair use” is not a rigidly defined term. “Fair use” is based on the following standards:

1. The purpose and character of the use;
2. The nature of the copyrighted work;
3. The amount of and the substantiality of the portion used;
4. The effect of the use upon the potential market for, or value of, the copyrighted work.

If an individual questions the legality of duplicating materials, they should seek permission from the copyright holders.

Employees in violation of copyright law may be required to remunerate the district in the event of loss due to litigation and may be subject to discipline up to and including dismissal.

The superintendent will provide administrative regulations for the “fair use” of copyrighted materials that meet the requirements of Section 107 of the Copyright Act of 1976 and applicable amendments.

END OF POLICY

Legal Reference(s)

ORS 332.107

Copyrights, Title 17, as amended, United States Code; 19 CFR Part 133 (2000).

Cross Reference(s)

GCQBA - Copyrights and Patents
IIABB - Use of Feature Films, Videos or Other Media

Code: EGACA
Adopted: 2/26/03
Re-adopted: 12/11/13; 7/13/22

The Board recognizes that the use of cell phones may be appropriate to provide for the effective and efficient operation of the district, and to help ensure safety and security of district property, staff and others while on district property or engaged in district-sponsored activities. To this end, the Board authorizes the purchase and employee use of cell phones, as deemed appropriate by the superintendent.

District-owned cell phones shall be used for authorized district business purposes, consistent with the district’s mission and goals. Personal use of such equipment is prohibited except in emergency situations. Employees do not have any expectations of privacy with district-owned cell phones or any information stored on them; the phone may be confiscated and searched at any time. Employee use of a district-owned cell phone shall not violate Oregon’s ethics laws.

Employees shall not use cell phones, whether district-owned or personally-owned, for non-district-related business while attending to and/or performing their job responsibilities.

Use of cell phones in violation of Board policies, administrative regulations and/or state and federal laws will result in discipline up to and including dismissal and/or referral to Oregon Government Ethics Commission and law enforcement officials, as appropriate.

The superintendent is directed to develop administrative regulations for the implementation of this policy, including a uniform and controlled system for identifying employee cell phone needs, monitoring use and reimbursement. Provisions may also be included for staff use of privately-owned cell phones for authorized district business.

END OF POLICY

Legal Reference(s)

Davidson v. Or. Gov’t Ethics Comm’n, 300 Or. 415 (1985)
OR. GOV’T STANDARDS AND PRACTICES COMM’N, ADVISORY OPINIONS 02S-020 (Aug. 2, 2002), 02A-1008 (July 12, 2002), 01A-1004 (June 1, 2001) and 98A-1003 (July 9, 1998).

Code: EGACA-AR
Adopted: 2/26/03
Re-adopted: 12/11/13; 7/13/22

District-owned cell phones may be purchased and authorized for staff use in accordance with the following:

Cell Phone Authorization

Cell phones may be assigned or made available on a temporary basis by the superintendent or designee when it is determined that:

The assignment of a cell phone to the employee is a prudent use of district resources;

The employee’s job responsibilities require the ability to communicate frequently;

The employee’s job responsibilities involve situations where immediate communication is necessary to ensure the security of district property or safety of students, staff or others while on district property or engaged in district-sponsored activities.

Cell Phone Use

Cell phones are provided specifically to carry out official district business.

Personal use of district cell phones is limited to work-related emergencies, such as making or receiving calls for family emergency purposes.

District cell phones shall not be loaned to others.

Employees issued a cell phone are responsible for its safekeeping at all times. Defective, lost or stolen cell phones are to be reported immediately to the purchasing supervisor who will in turn notify the service provider.

Cell phones issued for employee use are to be returned to the purchasing supervisor at the conclusion of the school year, temporary activity or as otherwise specified.

Privately-Owned Cell Phones

Personal use of privately-owned cell phones by employees authorized to use such equipment for district business is restricted to such times when the employee is not on duty.

Code: EHA
Adopted: 7/13/22

(For districts that self-insure a health plan and/or self-administer an Internal Revenue Service Section 125 plan)
The Board has determined that it meets the definition of a hybrid of covered entities[1] under the Health Insurance Portability and Accountability Act (HIPAA). As the district self-administers an Internal Revenue Service Section 125 plan it meets the health plan definition under HIPAA. As a covered entity, the district will meet the requirements of federal law.

Accordingly, the district will safeguard the protected health information[2] of employees from use or disclosure that may violate standards and implementation specifications to the extent required by law. The electronic exchange of financial and administrative transactions related to an employee’s protected health information will meet the requirements of HIPAA, including national standards for electronic transactions designed to ensure the security of health information created or received by the district.

The superintendent will designate an individual responsible for responding to HIPAA inquiries, complaints and for providing adequate notice of employee rights and district duties under the health plan provisions of the Act. Notice will include the privacy provisions of the law, and uses of employee protected health information and disclosures that may be made by the district.

Training will be provided to all current staff and new employees determined by the district to have access to the protected health information of employees. Training will be provided within a reasonable period of time after the individual’s hiring, and to those employees when their duties may be impacted by a change in the district’s policy and/or procedures.

Employees who believe their privacy rights have been violated may file a complaint in accordance with established district procedures. Complaints may also be filed directly with the U.S. Secretary of Health and Human Services. There shall be no retaliation by the district against any person who files a complaint or otherwise participates in an investigation or inquiry into an alleged violation of an individual’s protected privacy rights. All complaints received will be promptly investigated and documented, including their final
disposition.

The superintendent will ensure that satisfactory assurance has been obtained from any business associate[3] performing HIPAA-covered activities or functions on behalf of the district that the protected health information it receives from the district will be protected. Such assurance will be in the form of a written agreement, or may be included as a part of the district’s contract with the business associate.

Employees in violation of this policy or procedures established to safeguard the protected health information of employees will be subject to discipline up to and including dismissal.

The superintendent is directed to ensure an assessment of district operations is conducted to determine the extent of the district’s responsibilities as a covered entity under HIPAA and to develop internal controls and procedures necessary to implement this policy and meet the requirements of law. The procedures shall include provisions for record keeping, documentation of the district’s compliance efforts and appropriate administrative, technical and physical safeguards to protect employee protected health information and to ensure that any request is limited to information reasonably necessary to accomplish the purpose for which the request is made.

In the event of a change in the law that may impact this policy or established district procedures, the superintendent shall ensure appropriate revisions are recommended for Board approval, necessary changes are implemented and notification is made to staff and others, as appropriate.

END OF POLICY

1 A “covered entity” is an entity subject to HIPAA. These include those entities defined under the Act as a health plan, health-care clearinghouse, health care provider or a hybrid entity. A hybrid of covered entities is a single legal entity that is a covered entity and whose covered functions are not its primary function. Self-insured health plans and Internal Revenue Service Section 125 plans with 50 or more participants operated or maintained by public schools entities are covered health plans for HIPAA privacy rule purposes. Similarly, any provider of services, a provider of medical or health services as defined in section 1861 of the Act (42 U.S.C. § 1395X(s)), and any person or organization who furnishes, bills or is paid for health care in the normal course as defined by 45 C.F.R. § 160.103 is also subject to HIPAA requirements as a health-care provider. District’s should review their programs and services with their legal counsel in determining HIPAA applicability.

2 Protected health information” means individually identifiable health information that is: (1) transmitted by electronic media; (2) maintained in electronic media; (3) transmitted or maintained in any other form or medium. Protected health information excludes individually identifiable health information in education records covered by the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and employment records held by a covered entity in its role as employer.

3 A “business associate” means a person who on behalf of such covered entity or of an organized health-care arrangement in which the covered entity participates, but other than in the capacity of a member of the workforce of such covered entity or arrangement, performs or assists in the performance of: (1) a function or activity involving the use or disclosure of individually identifiable health information, including claims processing or administration, data analysis, processing or administration, utilization review, quality assurance, billing, benefit management, practice management and repricing; or (2) any other function or activity regulated by HIPAA.

Legal Reference(s):
ORS 332.107
Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §§ 1320d to -1320d-8 (2012); 45 C.F.R. Parts 160, 164
(2016).
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2012); Family Educational Rights and Privacy, 34
C.F.R. Part 99 (2016).

Code: EIA
Adopted: 3/12/86
Re-adopted: 8/13/97; 7/13/22

Original Code: EIA

Insurance may be written by any fully insured, partially insured or self-insured pool that is able to demonstrate satisfactory financial stability as determined by Oregon law.

Blanket building and equipment insurance will cover replacement costs with an agreed amount endorsement and with a deductible determined by the business manager to provide the lowest possible premium costs consistent with adequate protection from unanticipated expenditures.

General and personal liability insurance will cover district Board members and employees only while acting in their official capacity.

All employees will be covered by an honesty bond. Tort liability endorsements may be carried.

Farm machinery and livestock supplemental coverage will be maintained if appropriate to the district property and programs.

The district will provide liability coverage for all district-owned or leased vehicles.

The district will establish and provide the opportunity for students to purchase student accident insurance.

The district will not carry student accident insurance other than liability insurance.

The district will not be liable for theft and damage of personal property of students that is not a requirement for attendance or participation. Additionally, the district will not be liable for theft and damage of personal property of staff.

END OF POLICY

Legal Reference(s)

ORS 30.260 - 30.300

ORS 278.005 - 278.215

ORS 332.435

ORS 332.437

Cross Reference(s):

EEAE - Student Transportation in Private Vehicle

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EHA - Health Insurance Portability and Accountability Act

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