Article VII Facilities and Operations

ARTICLE VII.    FACILITIES AND OPERATIONS

Section 1.        Toxic Hazard and Asbestos Hazard Emergency Response.

The Superintendent shall appoint an administrator or staff person to serve as the Toxic Hazard Preparedness (THP) Officer.  The THP Officer shall be responsible for identifying potential sources of toxic hazards, obtaining Material Safety Data Sheets (MSDSs), ensuring that all incoming materials are properly labeled with the identity of the chemical, hazard warning and the source of the chemical, and maintaining a current file of the MSDSs for all hazardous materials present on the District’s property, among other duties as required by law.  The Board will rely on MSDSs from material suppliers to meet hazard determination requirements.

In accordance with state and federal law, the District shall have an asbestos management plan for each school building; maintain and update the plan to ensure that it is current with ongoing operations and maintenance; engage in periodic surveillance, inspection, re-inspection, and response action activities; and comply with the EPA regulations governing the transportation and disposal of asbestos and asbestos-containing materials.  The Superintendent shall be responsible for creating and implementing the asbestos management plan.  At least once each school year, the District will notify the parents, teachers and other staff of the availability of the asbestos management plan.  The Superintendent  shall be responsible to ensure proper compliance with federal and state laws and the appropriate training and instruction of staff and students.

Section 2.        Pest Management. 

Each school building shall have an integrated pest management program.  The pest management program shall be designed to minimize the use of pesticides in the school buildings and on school property and  use the least caustic pesticides available.   Annual notices to the parents of children attending the school shall be given within 30 days after the start of school and contain the information required by Michigan law.  Advance notice of the application of the pesticide shall be given at least 48 hours before the application of the pesticide by posting the notice at the school entrance and using one other method permitted by state law, except in cases of emergency.  The integrated pest management program shall be available for review by the parents.  The Superintendent shall develop rules and regulations for school buildings to comply with Michigan law.

Section 3.        Tobacco Free Environment.

Under state law, the District must be tobacco free.  Students, employees, volunteers, third party contractors, visitors and the public shall not smoke, chew or otherwise use tobacco in any form  in school buildings, on school grounds, whether school is in or out of session, or during District-sponsored events either on or off District premises.  Likewise, the use of e-cigarettes and/or vaporizers are prohibited in school buildings, on school grounds, whether school is in or out of session, or during District-sponsored events whether on or off District premises.

Section 4.        Alcohol and Drug Free Workplace.

All property of the District  shall be free of alcohol, illegal drugs and abuse of prescription drugs. Any student, employee, volunteer, third party contractor, visitor or member of the public who possesses, manufactures, sells, distributes, dispenses, uses or is under the influence of alcohol, illegal drugs, or is abusing prescription drugs, even with a current, valid prescription, in a school building, on District property, attending a District-related event, or driving a vehicle either owned or under contract with the District, shall be disciplined to and including termination, or removed/barred from the District premises.

Section 5.        Weapons.

No person shall possess, store, make, or use a weapon in any setting that is under the control and supervision of the District, including, but not limited to, property leased, owned, or contracted for by the District, at a school-sponsored event, or in a District-owned vehicle.

The term "weapon" means any object which, in the manner in which it is used, is intended to be used, or is represented, is capable of inflicting serious bodily harm or property damage, as well as endangering the health and safety of persons.  Weapons may include, but are not limited to, firearms, guns of any type, including air and gas-powered guns (whether loaded or unloaded), knives, razors, clubs, electric weapons, metallic knuckles, martial arts weapons, ammunition, and explosives.

The Superintendent shall refer a person who knowingly violates this policy to law enforcement officials, as required by law, and may take any necessary steps to exclude the person from District property and District-sponsored events.

This policy does not prohibit:

A.        weapons under the control of law enforcement personnel;

B.    items approved by a principal as part of a class or individual project or presentation under adult supervision, if used for the purpose of and in the manner approved (working firearms and ammunition shall never be approved);

C.        theatrical props used in appropriate settings;

D.        starter pistols used in appropriate sporting events; or

E.         instruments or equipment as required by the curriculum or District operations.

Staff members shall report possession of dangerous weapons and or/threats of violence by students, staff members, or visitors to a building administrator.  Failure to report such information may subject the staff member to disciplinary action, to and including termination.

Section 6.        Bloodborne Pathogens.

All District employees must follow the Universal Precautions for Bloodborne Pathogens where there has been an exposure to blood or other potentially infectious disease.  Under Universal Precautions for Bloodborne Pathogens all human blood and certain human bodily fluids are treated as if known to be infectious for HIV, HBV, Hepatitis B, and other bloodborne pathogens. 

The Superintendent shall develop and implement an exposure control plan as required by law.  A copy of the exposure control plan shall be maintained in each principal’s office and in each school health office.  Training for employees who are at daily or occasional risk of exposure shall be provided by the District.

Section 7.        Communicable Diseases.

The District shall work cooperatively with the Berrien County Health Department to enforce and comply with the Michigan Public Health Code relative to the prevention, control and containment of communicable diseases.

Section 8.        Cardiac Emergency Response Plan.

Cardiac emergencies may result from sudden cardiac arrest, heart attack, or other causes, and require immediate action.  The Superintendent shall develop and implement a written cardiac emergency response plan to provide an appropriate response in the event of a cardiac emergency in school buildings and on the District’s premises. 

The Superintendent shall conduct an annual review and evaluation of the District’s Cardiac Emergency Response Plan, focus on ways to improve the schools response process, and report the evaluation results and Plan improvements to the Board on an annual basis.

Section 9.        Health, Safety and Welfare.

The Superintendent shall develop and implement a custodial and maintenance program for the cleanliness, safety and efficient operation of the District buildings and premises that is legally compliant with all safety, health and environmental requirements.

The Superintendent shall develop a school crisis response plan to be implemented in case of an emergency.  The Superintendent is authorized to close schools in case of inclement weather or other emergencies, in the Superintendent’s discretion, when it is unsafe for students to attend school or engage in school activities.

Section 10.      Fire and Emergency Safety.

The Superintendent shall develop a fire and emergency safety operations plan that complies with state and federal law, rules and regulations.  In developing that plan, the Superintendent shall consult with local public safety agencies with which the District would work in the case of an emergency.

Section 11.      Food Service Programs.

The District shall provide food service programs, including free and reduced lunch programs, to eligible students in accordance with applicable state and federal laws, rules and regulations.  The Superintendent shall develop administrative guidelines to ensure the District’s compliance with food service program requirements.

Section 12.      Transportation of Students.

If bus transportation is provided by the District, the Superintendent shall develop rules and regulations necessary and appropriate for the transportation of students.  The District may provide transportation services for field trips, co-curricular and extra-curricular activities, and a fee may be charged for such transportation. Violation of the District transportation rules and regulations may result in the student’s removal from District-provided transportation services.

The District will determine the geographic parameters for student eligibility for bus transportation in accordance with state law, rules and regulations.  The District will not provide transportation for open enrollment students, or students admitted to the District through any school of choice program, unless expressly authorized by the Board.

Section 13.      Web-Site Accessibility.

The District will adhere to the applicable and existing standards for website accessibility so as to render the online content accessible.  In the event that current standards, laws and/or regulations change, the District will conform its policies and procedures to meets these changes.  The District will perform periodic accessibility audits of its web site. 

The District’s website shall be compliant with Section 504 of the Rehabilitation Act of 1974 and Title II of the Americans with Disabilities Act so that students, prospective students, employees, contracted staff, parents, visitors, District’s guests and members of the public with disabilities are able to acquire the same information, engage in the same interactions and enjoy the same benefits and services within the same timeframe as their nondisabled peers with substantially equivalent ease of use, and are not excluded from participation in, denied the benefits of, or are otherwise subjected to discrimination in any of the District’s programs, services and activities that are delivered online, as required by Section 504 and Title II of the ADA.

The District will designate a Website Accessibility Coordinator and a Section 504/ADA Compliance Officer as required by law. 

The Superintendent shall develop administrative regulations consistent with applicable law and sufficient to permit the District to comply with its legal obligations.

Section 14.      Acceptable Use Policy:  Technology and Internet Safety.

The District’s technology resources may only be used for learning, teaching, and administrative purposes consistent with the District’s mission and goals.  The use of the District’s computer system and access to the use of the Internet is a privilege, not a right.   Users of the District’s computer system and the Internet while using District technology have no legitimate expectation of privacy.  The District reserves the right to monitor all technology resource activity.

The Superintendent shall develop and implement administrative guidelines, regulations and user agreements that are consistent with the purposes of the District and its mission and that comply with applicable law, including the Children’s Internet Protection Act (CIPA).  The District shall use technological measures to block or filter access to portions of the Internet containing visual depictions of materials deemed obscene or pornographic, including child pornography, and other material that may be harmful to minors, and to comply with CIPA.

The District will cooperate fully with local, state and federal authorities in any investigation concerning or related to any illegal activities or activities not in compliance with District policies, administrative guidelines, regulations, procedures and user agreements using District provided technology and Internet.

Section 15.      Copyrighted Works.

The District shall comply with the federal Copyright Act.  The Superintendent will develop and implement administrative guidelines and regulations to implement this policy. 

Section 16.      Privacy of Social Security Numbers.

The District maintains social security numbers of its students, employees and others in the ordinary course of business.  The Superintendent, shall implement necessary administrative guidelines, rules and regulations to protect the confidentiality of the social security numbers and the privacy rights of the individuals as required by applicable laws, rules, and regulations.

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