700 Series - Noninstructional Operations and Business Services
701 - ESTABLISHMENT AND ADOPTION OF SCHOOL DISTRICT BUDGET
 

I. PURPOSE

The purpose of this policy is to establish lines of authority and procedures for the establishment of the school district’s revenue and expenditure budgets.

II.  GENERAL STATEMENT OF POLICY

The policy of the school district is to establish its revenue and expenditure budgets in accordance with the applicable provisions of law.  Budget planning is an integral part of program planning so that the annual budget will effectively express and implement school board goals and the priorities of the school district.

III. REQUIREMENT

A. The superintendent or such other school official as designated by the superintendent or the school board shall each year prepare preliminary revenue and expenditure budgets for review by the school board or its designated committee or committees.  The preliminary budgets shall be accompanied by such written commentary as may be necessary for them to be clearly understood by the members of the school board and the public.  The school board shall review the projected revenues and expenditures for the school district for the next fiscal year and make such adjustments in the expenditure budget as necessary to carry out the education program within the revenues projected.

B. The school district must maintain separate accounts to identify revenues and expenditures for each building. Expenditures shall be reported in compliance with Minn. Stat. § 123B.76.

C. Prior to July 1 of each year, the school board shall approve and adopt its initial revenue and expenditure budgets for the next school year. The adopted expenditure budget document shall be considered the school board’s expenditure authorization for that school year. No funds may be expended for any purpose in any school year prior to the adoption of the budget document which authorizes that expenditure for that year, or prior to the adoption of an amendment to that budget document by the school board to authorize that expenditure for that year.

D. Each year, the school district shall publish its adopted revenue and expenditure budgets for the current year, the actual revenues, expenditures, and fund balances for the prior year, and the projected fund balances for the current year in the form prescribed by the Commissioner within one week of the acceptance of the final audit by the school board, or November 30, whichever is earlier. A statement shall be included in the publication that the complete budget in detail may be inspected by any resident of the school district upon request to the superintendent. A summary of this information and the address of the school district’s official website where the information can be found must be published in a newspaper of general circulation in the school district. At the same time as this publication, the school district shall publish the other information required by Minn. Stat. § 123B.10

E. At the public hearing on the adoption of the school district’s proposed property tax levy, the school board shall review its current budget and the proposed property taxes payable in the following calendar year.

F. The school district must also post the materials specified in Paragraph III.D. above on the school district’s official website, including a link to the school district’s school report card on the Minnesota Department of Education’s website, and publish a summary of information and the address of the school district’s website where the information can be found in a qualified newspaper of general circulation in the district.

IV.  IMPLEMENTATION

A. The school board places the responsibility for administering the adopted budget with the superintendent.  The superintendent may delegate duties related thereto to other school officials, but maintains the ultimate responsibility for this function.

B. The program-oriented budgeting system will be supported by a program-oriented accounting structure organized and operated on a fund basis as provided for in Minnesota statutes through the Uniform Financial Accounting and Reporting Standards for Minnesota School Districts (UFARS).

C.  The superintendent or the superintendent’s designee is authorized to make payments of claims or salaries authorized by the adopted or amended budget prior to school board approval.

D. Supplies and capital equipment can be ordered prior to budget adoption only by authority of the school board.  If additional personnel are provided in the proposed budget, actual hiring may not occur until the budget is adopted unless otherwise approved by the school board.  Other funds to be expended in a subsequent school year may not be encumbered prior to budget adoption unless specifically approved by the school board.

E.  The school district shall make such reports to the Commissioner as required relating to initial allocations of revenue, reallocations of revenue and expenditures of funds.

Legal References: 
Minn. Stat. § 123B.10 (Publication of Financial Information)
Minn. Stat. § 123B.76 (Expenditures; Reporting)
Minn. Stat. § 123B.77 (Accounting, Budgeting and Reporting Requirements)
Minn. Stat. § 126C.23 (Allocation of General Education Revenue)

Cross References: 
MSBA Service Manual, Chapter 7, Education Funding
MSBA/MASA Model Policy 701.1 (Modification of the School District Budget)
MSBA/MASA Model Policy 702 (Accounting)

Adopted: November 3, 1994
Revised: October 19, 2015



701.1 - MODIFICATION OF SCHOOL DISTRICT BUDGET

I. PURPOSE

The purpose of this policy is to establish procedures for the modification of the school district’s adopted revenue and expenditure budgets.

II. GENERAL STATEMENT OF POLICY

It is the policy of this school district to modify its revenue and expenditure budgets in accordance with the applicable provisions of law.

III. REQUIREMENT

A. The school district’s adopted expenditure budget shall be considered the school board’s expenditure authorization for that school year.

B. If revisions or modifications in the adopted expenditure budget are determined to be advisable by the administration, the superintendent shall recommend the proposed changes to the school board.  The proposed changes shall be accompanied by sufficient and appropriate background information on the revenue and policy issues involved to allow the school board to make an informed decision.  A school board member may also propose modifications on that board member’s own motion, provided, however, the school board member is encouraged to review the proposed modifications with the superintendent prior to their being proposed so that the administration may prepare necessary background materials for the school board prior to its consideration of those proposed modifications.

C. If sufficient funds are not included in the expenditure budget in a particular fund to allow the proposed expenditure, funds for this purpose may not be expended from that fund prior to the adoption of an expenditure budget amendment by the school board to authorize that expenditure for that school year.  An amended expenditure shall not exceed the projected revenues available for that purpose in that fund.

D.  The school district’s revenue budget shall be amended from time to time during a fiscal year to reflect updated or revised revenue estimates.  The superintendent shall make recommendations to the school board for appropriate revisions.  If necessary, the school board shall also make necessary revisions in the expenditure budget if it appears that expenditures would otherwise exceed revenues and fund balances in a fund.

Legal References: 
Minn. Stat. § 126C.23 (Allocation of General Education Revenue)
Minn. Stat. § 123B.77 (Accounting, Budgeting and Reporting Requirements)

Cross References: 
MSBA Service Manual, Chapter 7, Education  Funding
MSBA/MASA Model Policy 701 (Establishment and Adoption of School District Budget)

Adopted: November 3, 1994
Revised: July 24, 2012



702 - ACCOUNTING
 

I.  PURPOSE

The purpose of this policy is to adopt the Uniform Financial Accounting and Reporting Standards for Minnesota School Districts provided for in guidelines adopted by the Minnesota Department of Education.

II. GENERAL STATEMENT OF POLICY

It is the policy of this school district to comply with the Uniform Financial Accounting and Reporting Standards for Minnesota School Districts.

III. MAINTENANCE OF BOOKS AND ACCOUNTS

The school district shall maintain its books and records and do its accounting in compliance with the Uniform Accounting and Reporting Standards for Minnesota School Districts (UFARS) provided for in the guidelines adopted by the Minnesota Department of  Education and in compliance with applicable state laws and rules relating to reporting of revenues and expenditures.

IV. PERMANENT FUND TRANSFERS

Unless otherwise authorized pursuant to Minn. Stat. § 123B.80, as amended, or any other law, fund transfers shall be made in compliance with UFARS and permanent fund transfers shall only be made in compliance with Minn. Stat. §123B.79, as amended, or other applicable statute.

V. REPORTING

The school board shall provide for an  annual audit of the books and records of the school district to assure compliance of its records with UFARS. Each year, the school district shall also provide for the publication of the financial information specified in Minn. Stat. §123B.10 in the manner specified therein.

Legal References: 
Minn. Stat. § 123B.02 (School District Powers)
Minn. Stat. § 123B.09 (School Board Powers)
Minn. Stat. § 123B.10 (Publication of Financial Information)
Minn. Stat. § 123B.14, Subd. 7 (Duties of School Board Clerk)
Minn. Stat. § 123B.75 (Revenue)
Minn. Stat. § 123B.76 (Expenditures)
Minn. Stat. § 123B.77 (Accounting, Budgeting and Reporting Requirements)
Minn. Stat. § 123B.78 (Cash Flow, Revenues, Borrowing, Deficits)
Minn. Stat. § 123B.79 (Permanent Fund Transfers)
Minn. Stat. § 123B.80 (Exceptions for Permanent Fund Transfers)

Cross References: 
MSBA/MASA Model Policy 703 (Annual Audit)
MSBA Service Manual, Chapter 7, Education Funding

Adopted: November 3, 1994
Revised: November 23, 2015



703 - ANNUAL AUDIT
 

I.  PURPOSE

The purpose of this policy is to provide for an annual audit of the books and records of the school district in order to comply with law, to provide a permanent record of the financial position of the school district, and to provide guidance to the school district to correct any errors and discrepancies in its practices.

II. GENERAL STATEMENT OF POLICY

The policy of this school district is to comply with all laws relating to the annual audit of the books and records of the school district.

III. REQUIREMENT

A. The school board shall appoint independent certified public accountants to audit, examine and report upon the books and records of the school district.  The school board may enter into a contract with a person or firm to provide the agreed upon services.

B. After the close of each fiscal year, the books, records and accounts of the school district shall be audited by said independent certified public accountants in accordance with applicable standards and legal requirements.  The superintendent and members of the administration shall cooperate with the auditors.

C. The school district shall, prior to September 15 of each year, submit unaudited financial data for the preceding year to the Commissioner of Education (Commissioner) on forms prescribed by the Commissioner.  The report shall also include those items required by Minn. Stat. § 123B.14, Subd. 7.

D. The school district shall, prior to November 30 of each year, provide to the Commissioner audited financial data for the preceding fiscal year.  The school district shall, prior to December 31 of each year, provide to the Commissioner and the State Auditor an audited financial statement in a form that will allow comparison with and correction of material differences in the unaudited data.  The audited financial statement must also provide a statement of assurance pertaining to compliance with uniform financial accounting and reporting standards and a copy of the management letter submitted to the school district by its auditor.

E. The audit must be conducted in compliance with generally accepted governmental auditing standards, the Federal Single Audit Act and the Minnesota Legal Compliance Guide issued by the Office of the State Auditor.

F. The school board must approve the audit report by resolution or require a further or amended report.

G.  The administration shall report to the school board regarding any actions necessary to correct any deficiencies or exceptions noted in the audit.

H. The accounts and records of the school district shall also be subject to audit and inspection by the State Auditor to the extent provided in Minn. Stat. Ch. 6.

Legal References: 
Minn. Stat. Ch. 6 (State Auditor)
Minn. Stat. § 123B.09 (School Board Powers)
Minn. Stat. § 123B.14, Subd. 7 (Duties of School Board Clerk)
Minn. Stat. § 123B.02 (School District Powers)
Minn.Stat. § 123B.77, Subds. 2 and 3 (Audited Financial Statements; Statement for Comparison and Correction)

Cross References: 
MSBA/MASA Model Policy 702 (Accounting)
MSBA Service Manual, Chapter 7, Education Funding

Adopted: November 3, 1994
Revised: November 23, 2015



704 - DEVELOPMENT AND MAINTENANCE OF AN INVENTORY OF FIXED ASSETS AND A FIXED AS
 

I. PURPOSE

The purpose of this policy is to provide for the development and maintenance of an inventory of the fixed assets of the school district and the establishment and maintenance of a fixed asset accounting system.

 II. GENERAL STATEMENT OF POLICY

The policy of this school district is that a fixed asset accounting system and an inventory of fixed assets be developed and maintained.

III. DEVELOPMENT OF INVENTORY AND ACCOUNTING SYSTEM

The superintendent or such other school official as designated by the superintendent or the school board shall be responsible for the development and maintenance of an inventory of the fixed assets of the school district, and for the establishment and maintenance of a formal fixed asset accounting system.  The accounting system shall be operated in compliance with the applicable provisions of the Uniform Financial Accounting and Reporting Standards for Minnesota School Districts (UFARS).  In addition, the inventory shall specify the location of all continued abstracts showing the conveyance of the property to the school district; certificates of title showing title to the property in the school district; title insurance policies; surveys; and other property records relating to the real property of the school district.

IV. REPORT

The administration shall annually update the property records of the school district and  provide an inventory of the fixed assets of the school district to the school board. 

Legal References: 
Minn. Stat. § 123B.02 (School District Powers)
Minn. Stat. § 123B.09 (School Board Powers)
Minn. Stat. § 123B.51 (Schoolhouse and Sites; Access for Noncurricular Purposes)

Cross References: 
MSBA/MASA Model Policy 702 (Accounting)
MSBA Service Manual, Chapter 7, Education Funding

Adopted: January 21, 2004
Revised: November 23, 2015




705 - INVESTMENTS
 

I. PURPOSE

The purpose of this policy is to establish guidelines for the investment of school district funds.

II. GENERAL STATEMENT OF POLICY

The policy of this school district is to comply with all state laws relating to investments and to guarantee that investments meet certain primary criteria.

III. SCOPE

This policy applies to all investments of the surplus funds of  the school district, regardless of the fund accounts in which they are maintained, unless certain investments are specifically exempted by the school board through formal action.

IV. AUTHORITY; OBJECTIVES

A. The funds of the school district shall be deposited or invested in accordance with this policy, Minn. Stat. Chapter 118A and any other applicable law or written administrative procedures.

B. The primary criteria for the investment of the funds of the school district, in priority order, are as follows

1. Safety and Security.  Safety of principal is the first priority.  The investments of the school district shall be undertaken in a manner that seeks to ensure the preservation of the capital in the overall investment portfolio.

2. Liquidity.  The funds shall be invested to assure that funds are available to meet immediate payment requirements, including payroll, accounts payable and debt service.

3. Return and Yield.  The investments shall be managed in a manner to attain a market rate of return through various economic and budgetary cycles, while preserving and protecting the capital in the investment portfolio and taking into account constraints on risk and cash flow requirements.

V.  DELEGATION OF AUTHORITY

A. The superintendent of the school district is designated as the investment officer of the school district and is responsible for investment decisions and activities under the direction of the school board.  The investment officer shall operate the school district’s investment program consistent with this policy.  The investment officer may delegate certain duties to a designee or designees, but shall remain responsible for the operation of the program.

B. All officials and employees that are a part of the investment process shall act professionally and responsibly as custodians of the public trust, and shall refrain from personal business activity that could conflict with the investment program or which could reasonably cause others to question the process and integrity of the investment program.  The investment officer shall avoid any transaction that could impair public confidence in the school district.

VI. STANDARD OF CONDUCT

The standard of conduct regarding school district investments to be applied by the investment officer shall be the “prudent person standard.”  Under this standard, the investment officer shall exercise that degree of judgment and care, under the circumstances then prevailing, that persons of prudence, discretion and intelligence would exercise in the management of their own affairs, investing not for speculation and considering the probable safety of their capital as well as the probable investment return to be derived from their assets.  The prudent person standard shall be applied in the context of managing the overall investment portfolio of the school district.  The investment officer, acting in accordance with this policy and exercising due diligence, judgment and care commensurate with the risk, shall not be held personally responsible for a specific security’s performance or for market price changes.  Deviations from expectations shall be reported in a timely manner and appropriate actions shall be taken to control adverse developments.

VII. MONITORING AND ADJUSTING INVESTMENTS

The investment officer shall routinely monitor existing investments and the contents of the school district’s investment portfolio, the available markets and the relative value of competing investment instruments.

VIII. INTERNAL CONTROLS

The investment officer shall establish a system of internal controls which shall be documented in writing.  The internal controls shall be reviewed by the school board and shall be annually reviewed for compliance by the school district’s independent auditors.  The internal controls shall be designed to prevent and control losses of public funds due to fraud, error, misrepresentation, unanticipated market changes or imprudent actions by officers, employees or others.  The internal controls may include, but shall not be limited to, provisions relating to controlling collusion, separating functions, separating transaction authority from accounting and record  keeping, custodial safekeeping, avoiding bearer form securities, clearly delegating authority to applicable staff members, limiting securities losses and remedial action, confirming telephone transactions in writing, supervising and controlling employee actions, minimizing the number of authorized investment officials, and documenting transactions and strategies.

IX. PERMISSIBLE INVESTMENT INSTRUMENTS

The school district may invest its available funds in those instruments specified in Minn. Stat. §§ 118A.04 and 118A.05, as these sections may be amended from time to time, or any other law governing the investment of school district funds. The assets of another postemployment benefits (OPEB) trust or trust account established pursuant to Minn. Stat. § 471.6175 to pay postemployment benefits to employees or officers after their termination of service, with a trust administrator other than the Public Employees Retirement Association, may be invested in instruments authorized under Minn. Stat. Ch. 118A or § 356A.06, Subd. 7. Investment of funds in an OPEB trust account under Minn. Stat. § 356A.06, Subd. 7, as well as the overall asset allocation strategy for OPEB investments, shall be governed by an OPEB Investment Policy Statement (IPS) developed between the investment officer, as designed herein, and the trust administrator.

X. PORTFOLIO DIVERSIFICATION; MATURITIES

A. Limitations on instruments, diversification and maturity scheduling shall depend on whether the funds being invested are considered short-term or long-term funds.  All funds shall normally be considered short-term except those reserved for building construction projects or specific future projects and any unreserved funds used to provide financial-related managerial flexibility for future fiscal years.

B. The school district shall diversify its investments to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions or maturities.

1. The investment officer shall prepare and present a table to the school board for review and approval.  The table shall specify the maximum percentage of the school district’s investment portfolio that may be invested in a single type of investment instrument, such as U.S. Treasury Obligations, certificates of deposit, repurchase agreements, banker’s acceptances, commercial paper, etc.  The approved table shall be attached as an exhibit to this policy and shall be incorporated herein by reference.

2. The investment officer shall prepare and present to the school board for its review and approval a recommendation as to the maximum percentage of the total investment portfolio that may be held in any one depository.  The approved recommendation shall be attached as an exhibit or part of an exhibit to this policy and shall be incorporated herein by reference.

3.   Investment maturities shall be scheduled to coincide with projected school district cash flow needs, taking into account large routine or scheduled expenditures, as well as anticipated receipt dates of anticipated revenues.  Maturities for short-term and long-term investments shall be timed according to anticipated need.  Within these parameters, portfolio maturities shall be staggered to avoid undue concentration of assets and a specific maturity sector.  The maturities selected shall provide for stability of income and reasonable liquidity.

XI. COMPETITIVE SELECTION OF INVESTMENT INSTRUMENTS

Before the school district invests any surplus funds in a specific investment instrument, a competitive bid or quotation process shall be utilized.  If a specific maturity date is required, either for cash flow purposes or for conformance to maturity guidelines, quotations or bids shall be requested for instruments which meet the maturity requirement.  If no specific maturity is required, a market trend analysis, which includes a yield curve, will normally be used to determine which maturities would be most advantageous.  Quotations or bids shall be requested for various options with regard to term and instrument.  The school district will accept the quotation or bid which provides the highest rate of return within the maturity required and within the limits of this policy.  Generally all quotations or bids will be computed on a consistent basis, i.e., a 360-day or a 365-day yield.  Records will be kept of the quotations or bids received, the quotations or bids accepted and a brief explanation of the decision that was made regarding the investment.  If the school district contracts with an investment advisor, bids are not required in those circumstances specified in the contract with the advisor.

XII. QUALIFIED INSTITUTIONS AND BROKER-DEALERS

A. The school district shall maintain a list of the financial institutions that are approved for investment purposes.

B. Prior to completing an initial transaction with a broker, the school district shall provide to the broker a written statement of investment restrictions which shall include a provision that all future investments are to be made in accordance with Minnesota statutes governing the investment of public funds.  The broker must annually acknowledge receipt of the statement of investment restrictions and agree to handle the school district’s account in accordance with these restrictions.  The school district may not enter into a transaction with a broker until the broker has provided this annual written agreement to the school district.  The notification form to be used shall be that prepared by the State Auditor.  A copy of this investment policy, including any amendments thereto, shall be provided to each such broker.

XIII. SAFEKEEPING AND COLLATERALIZATION

A.   All investment securities purchased by the school district shall be held in third-party safekeeping by an institution designated as custodial agent.  The custodial agent may be any Federal Reserve Bank, any bank authorized under the laws of the United States or any state to exercise corporate trust powers, a primary reporting dealer in United States Government securities to the Federal Reserve Bank of New York, or a securities broker-dealer defined in Minn. Stat. § 118A.06.  The institution or dealer shall issue a safekeeping receipt to the school district listing the specific instrument,  the name of the issuer, the name in which the security is held, the rate, the maturity, serial numbers and other distinguishing marks, and other pertinent information.

B. Deposit-type securities shall be collateralized as required by Minn. Stat. § 118A.03 for any amount exceeding FDIC, SAIF, BIF, FCUA, or other federal deposit coverage.

C. Repurchase agreements shall be secured by the physical delivery or transfer against payment of the collateral securities to a third party or custodial agent for safekeeping.  The school district may accept a safekeeping receipt instead of requiring physical delivery or third-party safekeeping of collateral on overnight repurchase agreements of less than $1,000,000.

XIV. REPORTING REQUIREMENTS

A. The investment officer shall generate daily and monthly transaction reports for management purposes.  In addition, the school board shall be provided a monthly report that shall include data on investment instruments being held as well as any narrative necessary for clarification.

B. The investment officer shall prepare and submit to the school board a quarterly investment report that summarizes recent market conditions, economic developments, and anticipated investment conditions.  The report shall summarize the investment strategies employed in the most recent quarter, and describe the investment portfolio in terms of investment securities, maturities, risk characteristics and other features. The report shall summarize changes in investment instruments and asset allocation strategy approved by the investment officer for an OPEB trust in the most recent quarter.  The report shall explain the quarter’s total investment return and compare the return with budgetary expectations.  The report shall include an appendix that discloses all transactions during the past quarter.  Each quarterly report shall indicate any areas of policy concern and suggested or planned revisions of investment strategies. Copies of the report shall be provided to the school district’s auditor.

C. Within ninety (90) days after the end of each fiscal year of the school district, the investment officer shall prepare and submit to the school board a comprehensive annual report on the investment program and investment activity of the school district for that fiscal year.  The annual report shall include 12-month and separate quarterly comparisons of return and shall suggest revisions and improvements that might be made in the investment program.

D. If necessary, the investment officer shall establish systems and procedures to comply with applicable federal laws and regulations governing the investment of bond proceeds and funds in a debt service account for a bond issue.  The record keeping system shall be reviewed annually by the independent auditor or by another party contracted or designated to review investments for arbitrage rebate or penalty calculation purposes.

XV. DEPOSITORIES

The school board shall annually designate one or more official depositories for school district funds.  The treasurer or the chief financial officer of the school district may also exercise the power of the school board to designate a depository.  The school board shall be provided notice of any such designation by its next regular meeting.  The school district and the depository shall each comply with the provisions of Minn. Stat. § 118A.03  and any other applicable law, including any provisions relating to designation of a depository, qualifying institutions, depository bonds, and approval, deposit, assignment, substitution, addition and withdrawal of collateral.

XVI.  ELECTRONIC FUNDS TRANSFER OF FUNDS FOR INVESTMENT

The school district may make electronic fund transfers for investments of excess funds upon compliance with Minn. Stat. § 471.38.

Legal References: 
Minn. Stat. § 118A.01 (Public Funds; Depositories and Investments)
Minn. Stat. § 118A.02 (Authorization for Deposit and Investment)
Minn. Stat. § 118A.03 (Depositories and Collateral)
Minn. Stat. § 118A.04 (Investments)
Minn. Stat. § 118A.05 (Contracts and Agreements)
Minn. Stat. § 118A.06 (Delivery and Safekeeping)
Minn. Stat. § 471.38 (Claims)
Minn. Stat. § 471.6175 (Trust for Postemployment Benefits)

Cross References: 
MSBA/MASA Model Policy 703  (Annual Audit)
MSBA Service Manual, Chapter 7, Education Funding
Minnesota Legal Compliance Audit Guide Prepared by the Office of the State Auditor

Adopted: November 3, 1994
Revised: November 23, 2015




706 - ACCEPTANCE OF GIFTS
 

I. PURPOSE

The purpose of this policy is to provide guidelines for the acceptance of gifts by the school board.

II. GENERAL STATEMENT OF POLICY

It is the policy of this school district to accept gifts only in compliance with state law.

III. ACCEPTANCE OF GIFTS GENERALLY

The school board may receive, for the benefit of the school district, bequests, donations or gifts for any proper purpose.  The school board shall have the sole authority to determine whether any gift or any precondition, condition, or limitation on use included in a proposed gift furthers the interests of or benefits the school district and whether it should be accepted or rejected.

IV. GIFTS OF REAL OR PERSONAL PROPERTY

The school board may accept a gift, grant or devise of real or personal property only by the adoption of a resolution approved by two-thirds of its members. The resolution must fully describe any conditions placed on the gift.  The real or personal property so accepted may not be used for religious or sectarian purposes.

V. ADMINISTRATION IN ACCORDANCE WITH TERMS

If the school board agrees to accept a bequest, donation, gift, grant or devise which contains preconditions, conditions or limitations on use, the school board shall administer it in accordance with those terms.  Once accepted, a gift shall be the property of the school district unless otherwise provided in the agreed upon terms.

Legal References: 
Minn. Stat. § 123B.02, Subd. 6 (Bequests, Donations, Gifts)
Minn. Stat. § 465.03 (Gifts)

Cross References:  

Adopted: January 21, 2004
Revised: December 22, 2015



707 - TRANSPORTATION OF PUBLIC SCHOOL STUDENTS
I. PURPOSE

The purpose of this policy is to provide for the transportation of students consistent with the requirements of law.

II. GENERAL STATEMENT OF POLICY

A. The policy of the school district is to provide for the transportation of students in a manner which will protect their health, welfare and safety.

B. The school district recognizes that transportation is an essential part of the school district services to students and parents but further recognizes that transportation by school bus is a privilege and not a right for an eligible student.

III.      DEFINITIONS

A. “Child with a disability” includes every child identified under federal and state special education law as having a hearing impairment, blindness, visual disability, deaf or hard of hearing, blind or visually impaired, deafblind, or having a speech or language impairment, a physical handicap impairment, other health impairment disability, mental handicap developmental cognitive disability, an emotional/ or behavioral disorder, specific learning disability, autism spectrum disorder, traumatic brain injury, or severe multiple disabilities impairments, or deaf blind disability and who needs special instruction and services, as determined by the standards of the Commissioner of Education.

A licensed physician, an advanced practice nurse, or a licensed psychologist is qualified to make a diagnosis and determination of attention deficit disorder or attention deficit hyperactivity disorder for purposes of identifying a child with a disability.  In addition, every child under age three, and at the school district’s discretion from age three to seven, who needs special instruction and services, as determined by the rules of the Commissioner, because the child has a substantial delay or has an identifiable physical or mental condition known to hinder normal development is a child with a disability.  (Minn. Stat. § 125A.02)

B.  “Home” is the legal residence of the child.  In the discretion of the school district, “home” also may be defined as a licensed day care facility, a respite care facility, the residence of  a relative, or the residence of a person chosen by the  student’s parent or guardian as the home of a student for part or all of the day, if requested by the student’s parent or guardian, or an afterschool program for children operated by a political subdivision of the state,  if the facility or residence is within the attendance area of the school the student attends. Unless otherwise specifically provided by law, a homeless student is a resident of the school district if enrolled in the school district.  (Minn. Stat. §123B.92, subd. 1(b)(1) Minn. Stat. § 127A.47, Subd. 2)

C.   “Homeless student” means a student, including a migratory student, who lacks a fixed, regular, and adequate nighttime residence and includes: students who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; are awaiting foster care placement; have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings. (42 U.S.C. § 11434a)

D. “Nonpublic school” means any school, church, or religious organization, or home school wherein a resident of Minnesota may legally fulfill the compulsory instruction requirements of Minnesota Statutes §120A.22, which is located within the state, and which meets the requirements of Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000a.  (Minn. Stat. §123B.41, subd. 9)

E. “Nonresident student” is a student who attends school in the school district and resides in another district, defined as the “nonresident district.”  In those instances when the divorced parents share joint physical custody of a student and the divorced parents reside in different school districts, the student shall be a resident of the school district designated by the student’s parents.  When parental rights have been terminated by court order, the legal residence of a student placed in a residential or foster facility for care and treatment is the district in which the student resides.  (Minn. Stat. § 123B.88, subd. 6; Minn. Stat. § 125A.51;  Minn. Stat. § 127A.47, subd. 3)

F. “Pupil support services” are health, counseling and guidance services provided by the public school in the same district where the nonpublic school is located.  (Minn. Stat. § 123B.41, subd. 4)

G.  “School of origin,” for purposes of determining the residence of a homeless student, is the school that the student attended when permanently housed or the school in which the student was last enrolled. (42 U.S.C. § 11432(g)(3)(G))

H. “Shared time basis” is a program where students attend public school for part of the regular school day and who otherwise fulfill the requirements of Minnesota Statutes § 120A.22 by attendance at a nonpublic school.  (Minn. Stat. § 126C.01, subd. 8)

I. “Student” means any student or child attending or required to attend any school as provided in Minnesota law and who is a resident or child of a resident of Minnesota.  (Minn. Stat. § 123B.41, subd. 11)

IV.       ELIGIBILITY

A. Upon the request of a parent or guardian, the school district shall provide transportation to and from school, at the expense of the school district, for all resident students who reside two miles or more from the school, except for those students whose transportation privileges have been revoked or have been voluntarily surrendered by the student’s parent or guardian.  (Minn. Stat. § 123B.88, subd. 1)

B. The school district may, in its discretion, also provide transportation to any student to and from school, at the expense of the school district, for any other purpose deemed appropriate by the school board.

C. In the discretion of the school district, transportation along regular school bus routes may also be provided, where space is available, to any person where such use of a bus does not interfere with the transportation of students.  This includes part-time secondary students, early childhood family education participants and area learning center students.  The cost of providing such transportation must be paid by those individuals using these services or some third-party payor, with the exception of early childhood family education participants and area-learning center students if the provision of such transportation services can be provided without an increase in the school district’s expenditures.  (Minn. Stat. § 123B.88, subd. 10, 11, 12 and 13)

D. For purposes of stabilizing enrollment and reducing mobility, the school district may, in its discretion, establish a full-service school zone and may provide transportation for students attending a school in that full-service school zone. A full-service school zone may be established for a school that is located in an area with higher than average crime or other social and economic challenges and that provides education, health or human services, or other parental support in collaboration with a city, county, state, or nonprofit agency.

V. TRANSPORTATION OF NONRESIDENT STUDENTS

A. If requested by the parent of a nonresident student, the school district shall provide transportation to a nonresident student within its borders at the same level of service that is provided to resident students. (Minn. Stat. § 124D.04, subd. 7; Minn. Stat. § 123B.92, subd. 3;)

B. If the school district decides to transport a nonresident student within the student’s resident district, the school district will notify the student’s resident district of its decision, in writing, prior to providing transportation.  (Minn. Stat. § 123B.88, subd. 6)

C. When divorced parents reside in different school districts and share physical custody of a student, the parents shall be responsible for the transportation of the student to the border of the school district during those times when the student is residing with the parent in the nonresident school district.  (Minn. Stat. § 127A.47, subd. 3(b))

D. The school district may provide transportation to allow a student who attends a high-need English language learner program and who resides within the transportation attendance area of the program to continue in the program until the student completes the highest grade level offered by the program. (Minn. Stat. § 123B.92, Subd. 3(b))

VI. TRANSPORTATION OF RESIDENT STUDENTS TO NONDISTRICT SCHOOLS

A. In general, the school district shall not provide transportation between a resident student’s home and the border of a nonresident district where the student attends school under the Enrollment Options Program.  A parent may be reimbursed by the nonresident district for the costs of transportation from the pupil’s residence to the border of the nonresident district if the student is from a family whose income is at or below the poverty level, as determined by the federal government.  The reimbursement may not exceed the pupil’s actual cost of transportation or 15 cents per mile traveled, whichever is less.  Reimbursement may not be paid for more than 250 miles per week.  (Minn. Stat. § 124D.03, subd. 8)

B. Resident students shall be eligible for transportation to and from a nonresident school district at the expense of the school district, if in the discretion of the school district, inadequate room, distance to school, unfavorable road conditions, or other facts or conditions make attendance in the resident student’s own district unreasonably difficult or impracticable.  The school district, in its discretion, may also provide for transportation of resident students to schools in other districts for grades and departments not maintained in the district, including high school, for the whole or a part of the year or for resident students who attend school in a building rented or leased by the school district in an adjacent district.  (Minn. Stat. § 123B.88, subds. 1 and 4)

C. In general, the school district is not responsible for transportation for any resident student attending school in an adjoining state under a reciprocity agreement but may provide such transportation services at its discretion. (Minn. Stat. § 124D.041)

VII. SPECIAL EDUCATION STUDENTS / STUDENTS WITH A DISABILITY / STUDENTS WITH TEMPORARY DISABILITIES

A.  Upon a request of a parent or guardian, a resident student with a disability who is not yet enrolled in kindergarten, who requires special education services in a location other than the student’s home, shall be provided transportation to and from the student’s home at the expense of the school district and shall not be subject to any distance requirement.  (Minn. Stat. § 123B.88, subd. 1)

B. Resident students with a disability whose handicapped conditions are such that the student cannot be safely transported on the regular school bus and/or school bus route and/or when the student is transported on a special route for the purpose of attending an approved special education program shall be entitled to special transportation at the expense of the school district.  The school district shall determine the type of vehicle used to transport students with a disability on the basis of the handicapping condition and applicable laws.  This provision shall not be applicable to parents who transport their own child under a contract with the school district.  (Minn. Rules Part 7470.1600)

C. Resident students with a disability who are boarded and lodged at Minnesota state academies for educational purposes, but who also are enrolled in a public school within the school district, shall be provided transportation, by the school district to and from said board and lodging facilities, at the expense of the school district.  (Minn. Stat. § 125A.65)

D. If a resident student with a disability attends a public school located in a contiguous school district and the school district of attendance does not provide special instruction and services, the school district shall provide necessary transportation for the student between the school district boundary and the educational facility where special instruction and services are provided within the school district.  The school district may provide necessary transportation of the student between its boundary and the school attended in the contiguous district, but shall not pay the cost of transportation provided outside the school district boundary.   (Minn. Stat. § 125A.12)

E. When a student with a disability or a student with a short-term or temporary disability is temporarily placed for care and treatment in a day program located in another school district and the student continues to live within the school district during the care and treatment, the school district shall provide the transportation, at the expense of the school district, to that student. Transportation shall only be provided by the school district during regular operating hours.  (Minn. Stat. § 125A.15(b); Minn. Stat. § 125A.51(d))

F. When a nonresident student with a disability or a student with a short-term or temporary disability is temporarily placed in a residential program within the school district, including correctional facilities operated on a fee-for-service basis and state institutions, for care and treatment, the school district shall provide the necessary transportation at the expense of the school district.  Where a joint powers entity enters into a contract with a privately owned and operated residential facility for the provision of education programs for special education students, the joint powers entity shall provide the necessary transportation.  (Minn. Stat. § 125A.15(c) and (d); Minn. Stat. § 125A.51(e))

G. Each driver and aide assigned to a vehicle transporting students with a disability will be provided with appropriate training for the students in their care, will assist students with their safe ingress and egress from the bus, will ensure the proper use of protective safety devices, and will be provided with access to emergency health care information as required by law. (Minn. Rules Part 7470.1700)

H. Any parent of a student with a disability who believes that the transportation services provided for that child are not in compliance with the applicable law may utilize the alternative dispute resolution and due process procedures provided for in Minnesota Stat. Ch. 125A.  (Minn. R. 7470.1600, subd. 2)

VIII. HOMELESS STUDENTS

A.  Homeless students shall be provided with transportation services comparable to other students in the school district. (42 U.S.C. § 11432(e)(3)(C)(i)(III)(cc) and (g)(4)(A))

B. Upon request by the student’s parent, guardian, or homeless education liaison, the school district shall provide transportation for a homeless student as follows:

1. A resident student who becomes homeless and is residing in a public or private shelter location or has other non-shelter living arrangements within the school district shall be provided transportation to and from the student’s school of origin and the shelter or other non-shelter location if the shelter or non-shelter location is two or more miles from the school of origin and the student’s transportation privileges have not been revoked. (42 U.S.C. § 11432(g)(1)(J)(iii)(I))  

2. A resident student who becomes homeless and is residing in a public or private shelter location or has other non-shelter living arrangements outside of the school district shall be provided transportation to and from the student’s school of origin and the shelter or other non-shelter location if the shelter or non-shelter location is two or more miles from the school of origin and the student’s transportation privileges have not been revoked, unless the school district and the school district in which the  student is temporarily placed agree that the school district in which the student is temporarily placed shall provide transportation. (Minn. Stat. § 125A.51(f); 42 U.S.C. § 11432(g)(1)(J)(iii)(II))

       3. If a nonresident student is homeless and is residing in a public or private homeless shelter or has other non-shelter living arrangements within the school district, the school district may provide transportation services between the shelter or non-shelter location and the student’s school of origin outside of the school district upon agreement with the school district in which the school of origin is located. (Minn. Stat. § 125A.51(f))

 IX. AVAILABILITY OF SERVICES

Transportation shall be provided on all regularly scheduled school days or make-up days.  Transportation will not be provided during the summer school break.  Transportation may be provided for summer instructional programs for students with a disability or in conjunction with a learning year program. Transportation between home and school may also be provided, in the discretion of the school district, on staff development days.  (Minn. Stat. § 123B.88, subd. 21)

X. MANNER OF TRANSPORTATION

The scheduling of routes, establishment of the location of bus stops, manner and method of transportation, control and discipline of school children, the determination of fees, and any other matter relating thereto shall be within the sole discretion, control and management of the school board.  The school district may, in its discretion, provide room and board, in lieu of transportation, to a student who may be more economically and conveniently provided for by that means.  (Minn. Stat. § 123B.88, subd. 1)

XI. RESTRICTIONS

Transportation by the school district is a privilege and not a right for an eligible student.  A student’s eligibility to ride a school bus may be revoked for a violation of school bus safety or conduct policies, or violation of any other law governing student conduct on a school bus pursuant to the school district’s discipline policy.  Revocation of a student’s bus riding privilege is not an exclusion, expulsion, or suspension under the Pupil Fair Dismissal Act.  Revocation procedures for a student who is an individual with a disability under 20 U.S.C. §1415 (Individuals with Disabilities Act), 29 U.S.C. § 794 (the Rehabilitation Act), and 42 U.S.C. § 12132, (Americans with Disabilities Act) are governed by these provisions.  (Minn. Stat. §  121A.59)

XII. FEES

A. In its discretion, the school district may charge fees for transportation of students to and from extra-curricular activities conducted at locations other than school, where attendance is optional.  (Minn. Stat. § 123B.36, subd. 1(10))

B. The school district may charge fees for transportation of students to and from school when authorized by law.  If the school district charges fees for transportation of students to and from school, guidelines shall be established for that transportation to ensure that no student is denied transportation solely because of inability to pay. The school district also may waive fees for transportation if the student’s parent is serving in, or within the past year has served in, active military service as defined in Minn. Stat. § 190.05. (Minn. Stat. § 123B.36, subd. 1(11) and 6)

C. The school district may charge reasonable fees for transportation of students to and from post-secondary institutions for students enrolled under the post-secondary enrollment options program.  Families who qualify for mileage reimbursement may use their state mileage reimbursement to pay this fee.  (Minn. Stat. § 123B.36, subd. 1(13))

D. Where, in its discretion, the school district provides transportation to and from an instructional community-based employment station that is part of an approved occupational experience vocational program, the school district may require the payment of reasonable fees for transportation from students who receive remuneration for their participation in these programs.     (Minn. Stat. § 123B.36, subd. 3)

Legal References: 
Minn. Stat. § 120A.22 (Compulsory Instruction)
Minn. Stat. §§ 121A.40-121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. § 121A.59 (Bus Transportation Is a Privilege Not a Right)
Minn. Stat. § 123B.36 (Authorized Fees)
Minn. Stat. § 123B.41(Educational Aids for Nonpublic School Children; Definitions)
Minn. Stat. § 123B.44 (Provision of Pupil Support Services)
Minn. Stat. § 123B.88 (Independent School Districts, Transportation)
Minn. Stat. § 123B.92 (Transportation Aid Entitlement)
Minn. Stat. § 124D.03 (Enrollment Options Program)
Minn. Stat. § 124D.04 (Enrollment Options Programs in Border States)
Minn. Stat. § 124D.041 (Reciprocity with Adjoining States)
Minn. Stat. § Ch. 125A (Children With a Disability)
Minn. Stat. § 125A.02 (Children With a Disability, Defined)
Minn. Stat. § 125A.12 (Attendance in Another District)
Minn. Stat. § 125A.15 (Placement in Another District; Responsibility)
Minn. Stat. § 125A.51 (Placement of Children Without Disabilities; Education and Transportation)
Minn. Stat. § 125A.515 (Placement of Students; Approval of Education Program)
Minn. Stat. § 125A.65 (Attendance at Academies for the Deaf and Blind)
Minn. Stat. § 126C.01(General Education Revenue - Definitions)
Minn. Stat. § 127A.47 (Payments to Resident and Nonresident Districts)
Minn. Stat. § 190.05 (Definitions)
Minn. Rules Part 7470.1600 (Transporting Pupils with Disability)
Minn. Rules Part 7470.1700 (Drivers and Aides for Pupils with Disabilities)
20 U.S.C. § 1415 (Individuals With Disabilities Act)
29 U.S.C. § 794 (Rehabilitation Act)
42 U.S.C. § 2000d (Prohibition Against Exclusion from Participation in, Denial of Benefits of, and Discrimination under Federally Assisted Programs on Ground of Race, Color, or National Origin)
42 U.S.C. § 11431, et seq. (McKinney-Vento Homeless Assistance Act of 2001)
42 U.S.C. § 12132 (Americans With Disabilities Act)

Cross References: 
MSBA Service Manual, Chapter 2, Transportation
MSBA/MASA Model Policy 708 (Transportation of Nonpublic School Students)
MSBA/MASA Model Policy 709 (Student Transportation Safety Policy)
MSBA/MASA Model Policy 710 (Extracurricular Transportation)

Adopted: November 3, 1994
Revised: December 22, 2015



708 - TRANSPORTATION OF NONPUBLIC SCHOOL STUDENTS
I. PURPOSE

The purpose of this policy is to address transportation rights of nonpublic school students and to provide equality of treatment in transporting such students pursuant to law.

II. GENERAL STATEMENT OF POLICY

The policy of the school district is to recognize the rights of nonpublic school students and to provide equal transportation to those students as required by law.

 

III.      ELIGIBILITY

A. The school district shall provide equal transportation within the school district for all students to any school when transportation is deemed necessary by the school district because of distance or traffic conditions in like manner and form as provided in Minnesota Statutes Sections 123B.88 and 123B.92 when applicable.  (Minn. Stat. § 123B.86, subd. 1)

B. Upon the request of a parent or guardian, the school district shall provide school bus transportation to the school district boundary for students residing in the school district at least the same distance from a nonpublic school actually attended in another school district as public school students are transported in the transporting school district.  Such transportation shall be provided whether there is or is not another nonpublic school within the transporting school district, if the transportation is to schools maintaining grades or departments not maintained in the school district or if the attendance of such students at school can more safely, economically, or conveniently be provided for by such means.  (Minn. Stat. § 123B.88, subd. 1; Minn. Stat. § 123B.86, subd. 2(a))

C. The school district may provide school bus transportation to a nonpublic school in another school district for students residing in the school district and attending that school, whether there is or is not another nonpublic school within the transporting school district, if the transportation is to schools maintaining grades or departments not maintained in the school district or if the attendance of such students at school can more safely, economically, or conveniently be provided for by such means.  If the school district transports students to a nonpublic school located in another school district, the nonpublic school shall pay the cost of such transportation provided outside the school district boundaries.  (Minn. Stat. § 123B.86, subd. 2(b))

D. The school district shall provide the necessary transportation within school district boundaries between the nonpublic school and a public school or neutral site for nonpublic school students who are provided pupil support services, if the school district elects to provide pupil support services at a site other than a nonpublic school.  (Minn. Stat. § 123B.44, subd. 1)

E. When transportation is provided, the scheduling of routes, manner and method of transportation, control and discipline of students and any other matter relating thereto shall be within the sole discretion, control and management of the school district.  (Minn. Stat. § 123B.86, subd. 3; Minn. Stat. § 123B.91, Subd. 1a)

F. Additional transportation to and from a nonpublic school may be provided at the expense of the school district where such services are provided in the discretion of the school district.

IV. SPECIAL EDUCATION/DISABLED STUDENTS

A. If a resident student with a disability attends a nonpublic school located within the school district, the school district shall provide necessary transportation for the student within the school district between the nonpublic school and the educational facility where special instruction and services are provided on a shared-time basis.  If a resident student with a disability attends a nonpublic school located in another school district and if no agreement exists for the provision of special instruction and services on a shared time basis to that student by the school district of attendance and where the special instruction and services are provided within the school district, the school district shall provide necessary transportation for that student between the school district boundary and the educational facility.  The school district may provide necessary transportation for that student between its boundary and the nonpublic school attended, but the nonpublic school shall pay the cost of transportation provided outside the school district.  School districts may make agreements for who provides transportation.  Parties serving students on a shared time basis have access to the due process hearing system described under United States Code, Title 20, and the complaint system under Code of Federal Regulations, Title 34, Section 300.660. to 300.662. (Minn. Stat. § 125A.18)

B. Disabled students whose handicapped conditions are such that the student cannot be safely transported on the regular school bus and/or school bus route and/or when the student is transported on a special route for the purpose of attending an approved special education program shall be entitled to special transportation at the expense of the school district.  The school district shall determine the type of vehicle used to transport disabled students on the basis of the handicapping condition and applicable laws.  This section shall not be applicable to parents who transport their own child under a contract with the school district.  (Minn. Rules Part 7470.1600, subd. 1)

C. Each driver and aide assigned to a vehicle transporting students with a disability will be provided with appropriate training for the students in their care, will assist students with their safe ingress and egress from the bus, will ensure the proper use of protective safety devices, and will be provided with access to emergency health care information as required by law. (Minn. Rules Part 7470.1700)

D. Any parent of a disabled student who believes that the transportation services provided for that child are not in compliance with the applicable law may utilize the alternative dispute resolution and due process procedures provided for in Minn. Stat. Ch. 125A.  (Minn. Rules Part 7470.1600, subd. 2)

 V.  APPLICATION OF GENERAL POLICY

The provisions of the school district’s policy on transportation of public school students [Model Policy 707] shall apply to the transportation of nonpublic school students except as specifically provided herein.

Legal References: 
Minn. Stat. § Ch. 123B.44 (Provision of Pupil Support Services)
Minn. Stat. § 123B.84 (Policy)
Minn. Stat. § 123B.86 (Equal Treatment)
Minn. Stat. § 123B.88 (Independent School Districts, Transportation)
Minn. Stat. § 123B.91, Subd. 1a (Compliance by Nonpublic and Charter School Students)
Minn. Stat. § 123B.92 (Transportation Aid Entitlement)
Minn. Stat. Ch. 125A (Children With a Disability)
Minn. Stat. § 125A.18 (Special Instruction; Nonpublic Schools)
Minn. Rules Part 7470.1600 (Transporting Pupils with Disability)
Minn. Rules Part 7470.1700 (Drivers and Aides for Pupils with Disabilities)
Americans United, Inc. as Protestants and Other Am. United for Separation of Church and State, et. al. v. Independent Sch. Dist. No. 622, et. al., 288 Minn. 1996, 179 N.W.2d 146 (Minn. 1970)
Eldridge v. Independent Sch. Dist. No. 625, 422 N.W.2d 319 (Minn. App. 1988)
Healy v. Independent Sch. Dist. No. 625, 962 F.2d 1304 (8th Cir. 1992)
Minn. Op. Atty. Gen. 166a-7 (June 3, 1983)
Minn. Op. Atty. Gen. 166a-7 (Sept. 14, 1981)
Minn. Op. Atty. Gen. 166a-7 (July 15, 1976)
Minn. Op. Atty. Gen. 166a-7 (July 17, 1970)
Minn. Op. Atty. Gen. 166a-7 (Oct. 3, 1969)
Minn. Op. Atty. Gen. 166a-7 (Sept. 12, 1969)

Cross References: 
MSBA/MASA Model Policy 707 (Transportation of Public School Students)
MSBA/MASA Model Policy 709 (Student Transportation Safety Policy)
MSBA Service Manual, Chapter 2, Transportation

Adopted: November 3, 1994
Revised: December 22, 2015



709 - STUDENT TRANSPORTATION SAFETY POLICY
I. PURPOSE

The purpose of this policy is to provide safe transportation for students and to educate students on safety issues and the responsibilities of school bus ridership.

II.  PLAN FOR STUDENT TRANSPORTATION SAFETY TRAINING

A.       School Bus Safety Week

The school district may designate a school bus safety week.  The National School Bus Safety Week is the third week in October.

B.       Student Training

1.       The school district shall provide students enrolled in grades kindergarten (K) through 10 with age-appropriate school bus safety training of the following concepts:

a.       transportation by school bus is a privilege, not a right;

b.       school district policies for student conduct and school bus safety;

c.       appropriate conduct while on the bus;

d.       the danger zones surrounding a school bus;

e.       procedures for safely boarding and leaving a school bus;

f.       procedures for safe vehicle lane crossing; and

g.       school bus evacuation and other emergency procedures.

2.       All students in grades K through 6 who are transported by school bus and are enrolled during the first or second week of school must receive the school bus safety training by the end of the third week of school.  All students in grades 7 through 10 who are transported by school bus and are enrolled during the first or second week of school must receive the school bus safety training or receive bus safety instruction materials by the end of the sixth week of school, if they have not previously received school bus training.  Students in grades K through 10 who enroll in a school after the second week of school, are transported by school bus, and have not received training in their previous school districts shall undergo school bus safety training or receive bus safety instructional materials within four weeks of their first day of attendance.

3.       The school district and a nonpublic school with students transported by school bus at public expense must provide students enrolled in grades K through 3 school bus safety training twice during the school year.

4.       Students taking driver’s training instructional classes must receive training in the laws and proper procedures for operating a motor vehicle in the vicinity of a school bus as required by Minn. Stat. § 169.446, Subd. 2.

5.       The school district and a nonpublic school with students transported by school bus at public expense must conduct a school bus evacuation drill at least once during the school year.

6.       The school district will make reasonable accommodations in training for students known to speak English as a second language and students with disabilities.

7.       The school district may provide kindergarten students with school bus safety training before the first day of school.

8.       The school district may provide student safety education for bicycling and pedestrian safety for students in grades K through 5.

9.       The school district shall adopt and make available for public review a curriculum for transportation safety education.

10.     Nonpublic school students transported by the school district will receive school bus safety training by their nonpublic school.  The nonpublic schools may use the school district’s school transportation safety education curriculum.  Upon request by the school district superintendent, the nonpublic school must certify to the school district’s school transportation safety director that all students enrolled in grades K through 10 have received the appropriate training.

III.      CONDUCT ON SCHOOL BUSES AND CONSEQUENCES FOR MISBEHAVIOR

A.       Riding the school bus is a privilege, not a right.  The school district’s general student behavior rules are in effect for all students on school buses, including nonpublic and charter school students.

B.       Consequences for school bus/bus stop misconduct will be imposed by the school district under adopted administrative discipline procedures.  In addition, all school bus/bus stop misconduct will be reported to the school district’s transportation safety director.  Serious misconduct may be reported to local law enforcement.

1.       School Bus and Bus Stop Rules.  The school district school bus safety rules are to be posted on every bus.  If these rules are broken, the school district’s discipline procedures are to be followed.  In most circumstances, consequences are progressive and may include suspension of bus privileges.  It is the school bus driver’s responsibility to report unacceptable behavior to the school district’s Transportation Office/School Office.

2.       Rules at the Bus Stop

a.       Get to your bus stop five minutes before your scheduled pick up time.  The school bus driver will not wait for late students.

b.       Respect the property of others while waiting at your bus stop.

c.       Keep your arms, legs, and belongings to yourself.

d.       Use appropriate language.

e.       Stay away from the street, road, or highway when waiting for the bus.

f.       Wait until the bus stops before approaching the bus.

g.       After getting off the bus, move away from the bus.

h.       If you must cross the street, always cross in front of the bus where the driver can see you. Wait for the driver to signal to you before crossing the street.

i.        No fighting, harassment, intimidation, or horseplay.

j.        No use of alcohol, tobacco, or drugs.

3.       Rules on the Bus

a.       Immediately follow the directions of the driver.

b.       Sit in your seat facing forward.

c.       Talk quietly and use appropriate language.

d.       Keep all parts of your body inside the bus.

e.       Keep your arms, legs, and belongings to yourself.

f.       No fighting, harassment, intimidation, or horseplay.

g.       Do not throw any object.

h.       No eating, drinking, or use of alcohol, tobacco, or drugs.

i.        Do not bring any weapons or dangerous objects on the school bus.

j.        Do not damage the school bus.

4.       Consequences

a.       Consequences for school bus/bus stop misconduct will apply to all regular and late routes.  Decisions regarding a student’s ability to ride the bus in connection with cocurricular and extracurricular events (for example, field trips or competitions) will be in the sole discretion of the school district. Parents or guardians will be notified of any suspension of bus privileges.

(1)      Elementary (K-6)

1st offense  –  warning
2nd offense –  3 school-day suspension from riding the bus
3rd offense –  5 school-day suspension from riding the bus
4th offense –  10 school-day suspension from riding the bus/meeting with parent

Further offenses  –  individually considered.  Students may be suspended for longer periods of time, including the remainder of the school year.

(2)      Secondary (7-12)

1st offense  –  warning
2nd offense –  5 school-day suspension from riding the bus
3rd offense –  10 school-day suspension from riding the bus
4th offense –  20 school-day suspension from riding the bus/meeting with parent
5th offense –  suspended from riding the bus for the remainder of the school year

Note:  When any student goes 60 transportation days without a report, the student’s consequences may start over at the first offense.

(3)      Other Discipline

Based on the severity of a student’s conduct, more serious consequences may be imposed at any time.  Depending on the nature of the offense, consequences such as suspension or expulsion from school also may result from school bus/bus stop misconduct.

(4)      Records

Records of school bus/bus stop misconduct will be forwarded to the individual school building and will be retained in the same manner as other student discipline records.  Reports of student misbehavior on a school bus or in a bus-loading or unloading area that causes an immediate and substantial danger to the student or surrounding persons or property will be provided by the school district to the Department of Public Safety in accordance with state and federal law.

(5)      Vandalism/Bus Damage

Students damaging school buses will be responsible for the damages. Failure to pay such damages (or make arrangements to pay) within two weeks may result in the loss of bus privileges until damages are paid.

(6)      Notice

School bus and bus stop rules and consequences for violations of these rules will be reviewed with students annually and copies of these rules will be made available to students.  School bus rules are to be posted on each school bus.

(7)      Criminal Conduct

In cases involving criminal conduct (for example, assault, weapons, drug possession, or vandalism), the appropriate school district personnel and local law enforcement officials will be informed.

IV.     PARENT AND GUARDIAN INVOLVEMENT

A.       Parent and Guardian Notification

The school district school bus and bus stop rules will be provided to each family.  Parents and guardians are asked to review the rules with their children.

B.       Parents/Guardians Responsibilities for Transportation Safety

Parents/Guardians are responsible to:

1.       Become familiar with school district rules, policies, regulations, and the principles of school bus safety, and thoroughly review them with their children;

 

2.       Support safe riding and walking practices, and recognize that students are responsible for their actions;

3.       Communicate safety concerns to their school administrators;

4.       Monitor bus stops, if possible;

5.       Have their children to the bus stop five minutes before the bus arrives;

6.       Have their children properly dressed for the weather; and

7.       Have a plan in case the bus is late.

V.       SCHOOL BUS DRIVER DUTIES AND RESPONSIBILITIES

A.       School bus drivers shall have a valid Class A, B, or C Minnesota driver’s license with a school bus endorsement.  A person possessing a valid driver’s license, without a school bus endorsement, may drive a type III vehicle set forth in Sections VII.B. and VII.C., below.  Drivers with a valid Class D driver’s license, without a school bus endorsement, may operate a “type A-I” school bus as set forth in Section VII.D., below.

B.       The school district shall conduct mandatory drug and alcohol testing of all school district bus drivers and bus driver applicants in accordance with state and federal law and school district policy.

C.       A school bus driver, with the exception of a driver operating a type A-I school bus or type III vehicle, who has a commercial driver’s license and who is convicted of a criminal offense, a serious traffic violation, or of violating any other state or local law relating to motor vehicle traffic control, other than a parking violation, in any type of motor vehicle in a state or jurisdiction other than Minnesota, shall notify the Minnesota Division of Driver and Vehicle Services (Division) of the conviction within 30 days of the conviction.   For purposes of this paragraph, a “serious traffic violation” means a conviction of any of the following offenses:

1.       excessive speeding, involving any single offense for any speed of 15 miles per hour or more above the posted speed limit;


2.       reckless driving;

 
3.       improper or erratic traffic lane changes;

4.       following the vehicle ahead too closely;

 
5.       a violation of state or local law, relating to motor vehicle traffic control, arising in connection with a fatal accident;

 
6.       driving a commercial vehicle without obtaining a commercial driver’s license or without having a commercial driver’s license in the driver’s possession.

D.       A school bus driver, with the exception of a driver operating a type A-I school bus or type III vehicle, who has a commercial driver’s license and who is convicted of violating, in any type of motor vehicle, a Minnesota state or local law relating to motor vehicle traffic control, other than a parking violation, shall notify the person’s employer of the conviction within 30 days of conviction.  The notification shall be in writing and shall contain all the information set forth in Attachment A accompanying this policy.

 
E.       A school bus driver, with the exception of a driver operating a type A-I school bus or type III vehicle, who has a Minnesota commercial driver’s license suspended, revoked, or cancelled by the state of Minnesota or any other state or jurisdiction and who loses the right to operate a commercial vehicle for any period or who is disqualified from operating a commercial motor vehicle for any period shall notify the person’s employer of the suspension, revocation, cancellation, lost privilege, or disqualification.  Such notification shall be made before the end of the business day following the day the employee received notice of the suspension, revocation, cancellation, lost privilege, or disqualification.  The notification shall be in writing and shall contain all the information set forth in Attachment B accompanying this policy.

 
F.       A person who operates a type III vehicle and who sustains a conviction as described in Section VII.C.1.g. (i.e., driving while impaired offenses), VII.C.1.h.  (i.e., felony, controlled substance, criminal sexual conduct offenses, or offenses for surreptitious observation, indecent exposure, use of minor in a sexual performance, or possession of child pornography or display of pornography to a minor), or VII.C.1.i. (multiple moving violations) while employed by the entity that owns, leases, or contracts for the school bus, shall report the conviction to the person’s employer within ten days of the date of the conviction.  The notification shall be in writing and shall contain all the information set forth in Attachment C accompanying this policy.  This provision does not apply to a school district employee whose normal duties do not include operating a type III vehicle.

VI.     SCHOOL BUS DRIVER TRAINING

A.       Training

1.       All new school bus drivers shall be provided with pre-service training, including in-vehicle (actual driving) instruction, before transporting students and shall meet the competency testing specified in the Minnesota Department of Public Safety Model School Bus Driver Training Manual.  All school bus drivers shall receive in-service training annually.  For purposes of this section, “annually” means at least once every 380 days from the initial or previous evaluation and at least once every 380 days from the initial or previous license verification. The school district shall retain on file an annual individual school bus driver “evaluation certification” form for each school district driver as contained in the Model School Bus Driver Training Manual.

2.       All bus drivers operating a type III vehicle will be provided with annual training and certification as set forth in Section VII.C.1.b., below, by either the school district or the entity from whom such services are contracted by the school district.

B.       Evaluation

School bus drivers with a Class D license will be evaluated annually and all other bus drivers will be assessed periodically for the following competencies:

1.       Safely operate the type of school bus the driver will be driving;

 

2.       Understand student behavior, including issues relating to students with disabilities;

3.       Ensure orderly conduct of students on the bus and handling incidents of misconduct appropriately;

4.       Know and understand relevant laws, rules of the road, and local school bus safety policies;

5.       Handle emergency situations; and

6.       Safely load and unload students.

The evaluation must include completion of an individual “school bus driver evaluation form” (road test evaluation) as contained in the Model School Bus Driver Training Manual.

VII.    OPERATING RULES AND PROCEDURES

A.       General Operating Rules

1.       School buses shall be operated in accordance with state traffic and school bus safety laws and the procedures contained in the Minnesota Department of Public Safety Model School Bus Driver Training Manual.

2.       Only students assigned to the school bus by the school district shall be transported.  The number of students or other authorized passengers transported in a school bus shall not be more than the legal capacity for the bus.  No person shall be allowed to stand when the bus is in motion.

3.       The parent/guardian may designate, pursuant to school district policy, a day care facility, respite care facility, the residence of a relative, or the residence of a person chosen by the parent or guardian as the address of the student for transportation purposes.  The address must be in the attendance area of the assigned school and meet all other eligibility requirements.

4.       Bus drivers must minimize, to the extent practical, the idling of school bus engines and exposure of children to diesel exhaust fumes.

5.       To the extent practical, the school district will designate school bus loading/unloading zones at a sufficient distance from school air-intake systems to avoid diesel fumes from being drawn into the systems.

6.       A bus driver may not operate a school bus while communicating over, or otherwise operating, a cellular phone for personal reasons, whether hand-held or hands free, when the vehicle is in motion or a part of traffic.  For purposes of this paragraph, “school bus” has the meaning given in Minn. Stat. § 169.011, Subd. 71.  In addition, “school bus” also includes type III vehicles when driven by employees or agents of the school district.  “Cellular phone” means a cellular, analog, wireless, or digital telephone capable of sending or receiving telephone or text messages without an access line for service.

B.       Type III Vehicles

1.       Type III vehicles are restricted to passenger cars, station wagons, vans, and buses having a maximum manufacturer’s rated seating capacity of 10 or fewer people including the driver and a gross vehicle weight rating of 10,000 pounds or less.  A van or bus converted to a seating capacity of 10 or fewer and placed in service on or after August 1, 1999, must have been originally manufactured to comply with the passenger safety standards.

2.       Type III vehicles must be painted a color other than national school bus yellow.

3.       Type III vehicles shall be state inspected in accordance with legal requirements.

4.       A type III vehicle cannot be older than 12 years old unless excepted by state and federal law.

5.       If a type III vehicle is school district owned, the school district name will be clearly marked on the side of the vehicle.  The type III vehicle must not have the words “school bus” in any location on the exterior of the vehicle or in any interior location visible to a motorist.

6.       A “type III vehicle” must not be outwardly equipped and identified as a type A, B, C, or D bus.

7.       Eight-lamp warning systems and stop arms must not be installed or used on type III vehicles.

8.       Type III vehicles must be equipped with mirrors as required by law.

9.       Any type III vehicle may not stop traffic and may not load or unload before making a complete stop and disengaging gears by shifting into neutral or park.  Any type III vehicle used to transport students must not load or unload so that a student has to cross the road, except where not possible or impractical, then the driver or assistant must escort a student across the road.  If the driver escorts the student across the road, then the motor must be stopped, the ignition key removed, the brakes set, and the vehicle otherwise rendered immobile.

10.     Any type III vehicle used to transport students must carry emergency equipment including:

a.       Fire extinguisher.  A minimum of one 10BC rated dry chemical type fire extinguisher is required.  The extinguisher must be mounted in a bracket, and must be located in the driver’s compartment and be readily accessible to the driver and passengers.  A pressure indicator is required and must be easily read without removing the extinguisher from its mounted position.

b.       First aid kit and body fluids cleanup kit.  A minimum of a ten-unit first aid kit and a body fluids cleanup kit is required.  They must be contained in removable, moisture- and dust-proof containers mounted in an accessible place within the driver’s compartment and must be marked to indicate their identity and location.

c.       A type III vehicle must contain at least three red reflectorized triangle road warning devices.  Liquid burning “pot type” flares are not allowed.

d.       Passenger cars and station wagons may carry a fire extinguisher, a first aid kit, and warning triangles in the trunk or trunk area of the vehicle if a label in the driver and front passenger area clearly indicates the location of these items.

11.     Students will not be regularly transported in private vehicles that are not state inspected as type III vehicles.  Only emergency, unscheduled transportation may be conducted in vehicles with a seating capacity of 10 or fewer without meeting the requirements for a type III vehicle.  Also, parents may use a private vehicle to transport their own children under a contract with the district.  The school district has no system of inspection for private vehicles.

12.     All drivers of type III vehicles will be licensed drivers and will be familiar with the use of required emergency equipment.  The school district will not knowingly allow a person to operate a type III vehicle if the person has been convicted of an offense that disqualifies the person from operating a school bus.

13.     Type III vehicles will be equipped with child passenger restraints, and child passenger restraints will be utilized to the extent required by law.

C.       Type III Vehicle Driven by Employees with a Class D Driver’s License

1.       The holder of a Class A, B, C, or D driver’s license, without a school bus endorsement, may operate a type III vehicle, described above, under the following conditions:

a.       The operator is an employee of the entity that owns, leases, or contracts for the school bus, which may include the school district.

 
b.       The operator’s employer, which may include the school district, has adopted and implemented a policy that provides for annual training and certification of the operator in:

(1)      safe operation of a type III vehicle;

 
(2)      understanding student behavior, including issues relating to students with disabilities;

 
(3)      encouraging orderly conduct of students on the bus and handling incidents of misconduct appropriately;

(4)      knowing and understanding relevant laws, rules of the road, and local school bus safety policies;

 
(5)      handling emergency situations;

 
(6)      proper use of seat belts and child safety restraints;

 
(7)      performance of pretrip vehicle inspections;

 
(8)      safe loading and unloading of students, including, but not limited to:

(a)      utilizing a safe location for loading and unloading students at the curb, on the nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other areas to enable the student to avoid hazardous conditions;

 
(b)      refraining from loading and unloading students in a vehicular traffic lane, on the shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;

 
(c)      avoiding a loading or unloading location that would require a student to cross a road, or ensuring that the driver or an aide personally escort the student across the road if it is not reasonably feasible to avoid such a location;

 
(d)      placing the type III vehicle in “park” during loading and unloading;

 
(e)      escorting a student across the road under clause (c) only after the motor is stopped, the ignition key is removed, the brakes are set, and the vehicle is otherwise rendered immobile; and

 
(9)      compliance with paragraph V.F. concerning reporting convictions to the employer within ten days of the date of conviction.

c.       A background check or background investigation of the operator has been conducted that meets the requirements under Minn. Stat. § 122A.18, Subd. 8, or Minn. Stat. § 123B.03 for school district employees; Minn. Stat. § 144.057 or Minn. Stat. Ch. 245C for day care employees; or Minn. Stat. § 171.321, Subd. 3, for all other persons operating a type III vehicle under this section.

 
d.       Operators shall submit to a physical examination as required by Minn. Stat. § 171.321, Subd. 2.

 
e.       The operator’s employer requires preemployment drug testing of applicants for operator positions.  Current operators must comply with the employer’s policy under Minn. Stat. § 181.951, Subds. 2, 4, and 5.  Notwithstanding any law to the contrary, the operator’s employer may use a breathalyzer or similar device to fulfill random alcohol testing requirements.

f.       The operator’s driver’s license is verified annually by the entity that owns, leases, or contracts for the type III vehicle as required by Minn. Stat. § 171.321, Subd. 5.

 
g.       A person who sustains a conviction, as defined under Minn. Stat.  § 609.02, of violating Minn. Stat. § 169A.25, § 169A.26, § 169A.27 (driving while impaired offenses), or § 169A.31 (alcohol-related school bus driver offenses), or whose driver’s license is revoked under Minn. Stat. §§ 169A.50 to 169A.53 of the implied consent law, or who is convicted of violating or whose driver’s license is revoked under a similar statute or ordinance of another state, is precluded from operating a type III vehicle for five years from the date of conviction.

 
h.       A person who has ever been convicted of a disqualifying offense as defined in Minn. Stat. § 171.3215, Subd.1(c), (i.e., felony, controlled substance, criminal sexual conduct offenses, or offenses for surreptitious observation, indecent exposure, use of minor in a sexual performance, or possession of child pornography or display of pornography to a minor) may not operate a type III vehicle.

 
i.        A person who sustains a conviction, as defined under Minn. Stat. § 609.02, of a moving offense in violation of Minn. Stat. Ch. 169 within three years of the first of three other moving offenses is precluded from operating a type III vehicle for one year from the date of the last conviction.

 
j.        Students riding the type III vehicle must have training required under Minn. Stat. § 123B.90, Subd. 2 (See Section II.B., above).

k.       Documentation of meeting the requirements listed in this section must be maintained under separate file at the business location for each type III vehicle operator. The school district or any other entity that owns, leases, or contracts for the type III vehicle operating under this section is responsible for maintaining these files for inspection.

 
2.       The type III vehicle must bear a current certificate of inspection issued under Minn. Stat. § 169.451.

3.       An employee of the school district who is not employed for the sole purpose of operating a type III vehicle may, in the discretion of the school district, be exempt from paragraphs VII.C.1.d. (physical examination) and VII.C.1.e. (drug testing), above.

D.       Type A-I “Activity” Buses Driven by Employees with Class D Driver’s License

1.       The holder of a Class D driver’s license, without a school bus endorsement, may operate a type A-I school bus or a Multifunction School Activity Bus (MFSAB) under the following conditions:

a.       The operator is an employee of the school district or an independent contractor with whom the school district contracts for the school bus and is not solely hired to provide transportation services under this paragraph.

b.       The operator drives the school bus only from points of origin to points of destination, not including home-to-school trips to pick up or drop off students.

c.       The operator is prohibited from using the eight-light system if the vehicle is so equipped.

d.       The operator has submitted to a background check and physical examination as required by Minn. Stat. § 171.321, Subd. 2.

e.       The operator has a valid driver’s license and has not sustained a conviction of a disqualifying offense as set forth in Minn. Stat. § 171.02, Subd. 2a(h) - 2a(j).

f.       The operator has been trained in the proper use of child safety restraints as set forth in the National Highway Traffic Safety Administration’s “Guideline for the Safe Transportation of Pre-school Age Children in School Buses,” if child safety restraints are used by passengers, in addition to the training required in Section VI., above.

g.       The bus has a gross vehicle weight rating of 14,500 pounds or less and is designed to transport 15 or fewer passengers, including the driver.

2.       The school district shall maintain annual certification of the requirements listed in this section for each Class D license operator.

3.       A school bus operated under this section must bear a current certificate of inspection.

4.       The word “School” on the front and rear of the bus must be covered by a sign that reads “Activities” when the bus is being operated under authority of this section.

VIII.  SCHOOL DISTRICT EMERGENCY PROCEDURES

A.       If possible, school bus drivers or their supervisors shall call “911” or the local emergency phone number in the event of a serious emergency.

B.       School bus drivers shall meet the emergency training requirements contained in Unit III “Crash & Emergency Preparedness” of the Minnesota Department of Public Safety Model School Bus Driver Training Manual.  This includes procedures in the event of a crash (accident).

C.       School bus drivers and bus assistants for special education students requiring special transportation service because of their handicapping condition shall be trained in basic first aid procedures, shall within one month after the effective date of assignment participate in a program of in-service training on the proper methods for dealing with the specific needs and problems of students with disabilities, assist students with disabilities on and off the bus when necessary for their safe ingress and egress from the bus; and ensure that protective safety devices are in use and fastened properly.

D.       Emergency Health Information shall be maintained on the school bus for students requiring special transportation service because of their handicapping condition.  The information shall state:

1.       the student’s name and address;

2.       the nature of the student’s disabilities;

3.       emergency health care information; and

4.       the names and telephone numbers of the student’s physician, parents, guardians, or custodians, and some person other than the student’s parents or custodians who can be contacted in case of an emergency.

IX.     SCHOOL DISTRICT VEHICLE MAINTENANCE STANDARDS

A.       All school vehicles shall be maintained in safe operating conditions through a systematic preventive maintenance and inspection program adopted or approved by the school district.

B.       All school vehicles shall be state inspected in accordance with legal requirements.

C.       A copy of the current daily pre-trip inspection report must be carried in the bus.  Daily pre-trip inspections shall be maintained on file in accordance with the school district’s record retention schedule.  Prompt reports of defects to be immediately corrected will be submitted.

D.       Daily post-trip inspections shall be performed to check for any children or lost items remaining on the bus and for vandalism.

X.       SCHOOL TRANSPORTATION SAFETY DIRECTOR

The school board has designated an individual to serve as the school district’s school transportation safety director.  The school transportation safety director shall have day-to-day responsibility for student transportation safety, including transportation of nonpublic school children when provided by the school district.  The school transportation safety director will assure that this policy is periodically reviewed to ensure that it conforms to law. The school transportation safety director shall certify annually to the school board that each school bus driver meets the school bus driver training competencies required by Minn. Stat. § 171.321, Subd. 4.  The transportation safety director also shall annually verify or ensure that the private contractor utilized by the school has verified the validity of the driver’s license of each employee who regularly transports students for the school district in a type A, B, C, or D school bus, type III vehicle, or MFSAB with the National Driver Register or the Department of Public Safety.  Upon request of the school district superintendent or the superintendent of the school district where nonpublic students are transported, the school transportation safety director also shall certify to the superintendent that students have received school bus safety training in accordance with state law. The name, address and telephone number of the school transportation safety director are on file in the school district office.  Any questions regarding student transportation or this policy may be addressed to the school transportation safety director.

XI.       STUDENT TRANSPORTATION SAFETY COMMITTEE

The school board may establish a student transportation safety committee.  The chair of the student transportation safety committee is the school district’s school transportation safety director.  The school board shall appoint the other members of the student transportation safety committee.  Membership may include parents, school bus drivers, representatives of school bus companies, local law enforcement officials, other school district staff, and representatives from other units of local government.

Legal References: 
Minn. Stat. § 122A.18, Subd. 8 (Board to Issue Licenses)
Minn. Stat. § 123B.03 (Background Check)
Minn. Stat. § 123B.42 (Textbooks; Individual Instructor or Cooperative Learning Material; Standard Tests)
Minn. Stat. § 123B.88 (Independent School Districts; Transportation)
Minn. Stat. § 123B.885 (Diesel School Buses; Operation of Engine; Parking)
Minn. Stat. § 123B.90 (School Bus Safety Training)
Minn. Stat. § 123B.91 (School District Bus Safety Responsibilities)
Minn. Stat. § 144.057 (Background Studies on Licensees and Other Personnel)
Minn. Stat. Ch. 169 (Traffic Regulations)
Minn. Stat. § 169.011, Subds. 15 and 71 (Definitions)
Minn. Stat. § 169.02 (Scope)
Minn. Stat. § 169.443 (Safety of School Children; Bus Driver’s Duties)
Minn. Stat. § 169.446, Subd. 2 (Driver Training Programs)
Minn. Stat. § 169.451 (Inspecting School and Head Start Buses; Rules; Misdemeanor)
Minn. Stat. § 169.454 (Type III Vehicle Standards)
Minn. Stat. § 169.4582 (Reportable Offense on School Buses)
Minn. Stat. §§ 169A.25-169A.27 (Driving While Impaired)
Minn. Stat. § 169A.31 (Alcohol-Related School Bus or Head Start Bus Driving)
Minn. Stat. §§ 169A.50-169A.53 (Implied Consent Law)
Minn. Stat. § 171.02, Subds. 2, 2a, and 2b (Licenses; Types, Endorsements, Restrictions)
Minn. Stat. § 171.168 (Notification of Conviction for Violation by a Commercial Driver)
Minn. Stat. § 171.169 (Notification of Suspension of License of Commercial Driver)
Minn. Stat. § 171.321 (Qualifications of School Bus Driver)
Minn. Stat. § 171.3215, Subd. 1(c) (Canceling Bus Endorsement for Certain Offenses)
Minn. Stat. §181.951  (Authorized Drug and Alcohol Testing)
Minn. Stat. Ch. 245C (Human Services Background Studies)
Minn. Stat. § 609.02 (Definitions)
Minn. Rules Parts 7470.1000-7470.1700 (School Bus Inspection)
49 C.F.R. § 383.31 (Notification of Convictions for Driver Violations)
49 C.F.R. § 383.33 (Notification of Driver’s License Suspensions)
49 C.F.R. § 383.5 (Transportation Definitions)

Cross References: 
MSBA/MASA Model Policy 416 (Drug and Alcohol Testing)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
MSBA/MASA Model Policy 707 (Transportation of Public Students)
MSBA/MASA Model Policy 708 (Transportation of Nonpublic Students)
MSBA/MASA Model Policy 710 (Extracurricular Transportation)

Adopted: November 3, 1994
Revised: December 22, 2015





710 - EXTRACURRICULAR TRANSPORTATION
 
I. PURPOSE
The purpose of this policy is to make clear to students, parents and staff the school district’s policy regarding extracurricular transportation.
 
II. GENERAL STATEMENT OF POLICY
The determination as to whether to provide transportation for students, spectators or participants to and from extracurricular activities shall be made solely by the school district administration. This determination shall include, but is not limited to, the decision to provide transportation, the persons to be transported, the type or method to be utilized, all transportation scheduling and coordination, and any other transportation arrangements or decisions. Employees who are involved in extracurricular activities shall be advised by the administration as to the transportation arrangements made, if any.
 
III. ARRANGEMENT OF EXTRACURRICULAR TRANSPORTATION
School district employees shall not undertake independent arrangement, scheduling or coordination of transportation for extracurricular activities unless specifically directed or approved by the school district administration. All transportation arrangements made  by a school district employee must be approved by a building administrator. If the school district makes no arrangements for extracurricular transportation, students who wish to participate are responsible for arranging for or providing their own transportation.
 
IV. NO EMPLOYEE TRANSPORTATION OF STUDENTS WITH PERSONAL VEHICLES
An employee must not use a personal vehicle to transport one or more students except as provided herein. However, employees may make appropriate transportation arrangements for students as necessary in an emergency or other unforeseeable circumstance. 
In a nonemergency situation, an employee must get prior, written approval from the administration before transporting a student in a personal vehicle. If a school vehicle is available, the employee will use the school vehicle. The administration has the sole discretion to make a final determination as to the appropriate use of a personal vehicle to transport one or more students. If any emergency transportation arrangements are made by employees pursuant to this section, the relevant facts and circumstances shall be reported to the administration as soon thereafter as practicable. 
All vehicles used to transport students shall be properly registered and insured.
 
V. FEES
In its discretion, the school district may charge fees for transportation of students to and from extracurricular activities conducted at locations other than school, where attendance is optional.
 
 
Legal References: 
Minn. Stat. § 123B.36 (Authorized Fees)
 
Cross References: 
MSBA/MASA Model Policy 610 (Field Trips
MSBA/MASA Model Policy 709 (Student Transportation Safety Policy)
MSBA Service Manual, Chapter 2, Transportation

Adopted: November 3, 1994
Revised: January 20, 2016


711 - VIDEOTAPING ON SCHOOL BUSES
 
I. PURPOSE
The transportation of students to and from school is an important function of the school district, and transportation by the school district is a privilege and not a right for an eligible student. The behavior of students and employees on the bus is a significant factor in the safety and efficiency of school bus transportation. Student and employee misbehavior increases the potential risks of injury. Therefore, the school district believes that video recording student passengers and employees on the school bus will encourage good behavior and, as a result, promote safety. The purpose of this policy is to establish a school bus video recording system.
 
II. GENERAL STATEMENT OF POLICY
A. Placement
1. Each and every school bus owned, leased, contracted and/or operated by the school district shall be equipped with a fully-enclosed box for placement and operation of a video camera and conspicuously placed signs notifying riders that their conversations or actions may be recorded.
 
2. A video camera will not necessarily be installed in each and every school bus owned, leased, contracted and/or operated by the school district, but cameras may be rotated from bus to bus without prior notice to students.
 
3. Video cameras will be placed on a particular school bus, to the extent possible, where the school district has received complaints of inappropriate behavior.
 
B. Use of Video Recordings
 
1. A video recording of the actions of student passengers and/or employees may be used by the school district as evidence in any disciplinary action brought against any student or employee, arising out of the student’s or employee's conduct on the bus.
 
2. A video recording will be released only in conformance with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 and the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g and the rules and/or regulations promulgated thereunder.
 
3. Video recordings will be viewed by school district personnel on a random basis and/or when discipline problems on the bus have been brought to the attention of the school district.
 
4. A video recording will be retained by the school district, until relouped or until the conclusion of disciplinary proceedings in which the video recording is used for evidence.
  
Legal References: 
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. § 121A.585 (Notice of Recording Device)
Minn. Stat. § 138.17 (Government Records, Administration)
Minn. Rules Pts. 1205.0100-1205.2000 (Data Practices)
20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)
34 C.F.R. §§ 99.1-99.67 (Family Educational Rights and Privacy)
 
Cross References: 
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 502 (Search of Student Lockers, Desks, Personal Possessions, and Student’s Person) MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 515 (Protection and Privacy of Student Records)
MSBA/MASAModel Policy 709 (Student Transportation Safety Policy)
MSBA/MASA Model Policy 712 (Video Surveillance Other Than on Buses)
 

MSBA Service Manual, Chapter 2, Transportation

 
Adopted: January 21, 2004
Revised: January 20, 2016
 


712 - VIDEO SURVEILLANCE OTHER THAN ON BUSES
 
I. PURPOSE
Maintaining the health, welfare, and safety of students, staff, and visitors while on school district property and the protection of school district property are important functions of the school district. The behavior of individuals who come on to school property is a significant factor in maintaining order and discipline and protecting students, staff, visitors, and school district property. The school board recognizes the value of video/electronic surveillance systems in monitoring activity on school property in furtherance of protecting the health, welfare, and safety of students, staff, visitors, and school district property.
 
II. GENERAL STATEMENT OF POLICY
A. Placement
1. School district buildings and grounds may be equipped with video cameras.
2. Video surveillance may occur in any school district building or on any school district property.
3. Video surveillance will normally not be used in bathrooms or locker rooms, although these areas may be placed under surveillance by individuals of the same sex as the occupants of the bathrooms or locker rooms. Video surveillance in bathrooms or locker rooms will only be utilized in extreme situations, with extraordinary controls, and only as expressly approved by the superintendent.
B. Use of Video Recordings
1. Video recordings will be viewed by school district personnel on a random basis and/or when problems have been brought to the attention of the school district.
2. A video recording of the actions of students and/or employees may be used by the school district as evidence in any disciplinary action brought against any student or employee arising out of the student's or employee's conduct in school district buildings or on school grounds.
3. A video recording will be released only in conformance with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 and the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and the rules and/or regulations promulgated thereunder.
C. Security and Maintenance
1.  The school district shall establish appropriate security safeguards to ensure that video recordings are maintained and stored in conformance with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and the rules and/or regulations promulgated thereunder.
2. The school district shall ensure that video recordings are retained in accordance with the school district’s records retention schedule.
 
Legal References: 
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. § 121A.585 (Notice of Recording Device)
Minn. Stat. § 138.17 (Government Records; Administration)
Minn. Stat. § 609.746 (Interference with Privacy)
20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)
34 C.F.R. Secs. 99.1-99.67
 
Cross References: 
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 502 (Search of Student Lockers, Desks, Personal Possessions, and Student’s Person)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 515 (Protection and Privacy of Student Records)
MSBA/MASA Model Policy 709 (Student Transportation Safety Policy)
MSBA/MASA Model Policy 711 (Videotaping on School Buses)
MSBA Service Manual, Chapter 2, Transportation
 
Adopted: January 21, 2004
Revised: January 20, 2016


713 - STUDENT ACTIVITY ACCOUNTING
 

I. PURPOSE

The school board recognizes the need to provide alternative paths
to learning, skill development for its students, and activities for student enjoyment. It also understands its commitment to and obligation for assuring maximum accountability for public funds and student activity funds. For these reasons, the school board will assume control over and/or oversee funds for student activities as set forth in this policy.

 

II. GENERAL STATEMENT OF POLICY

A. Curricular and Cocurricular Activities
The school board shall take charge of, control over, and account for all student activity funds that relate to curricular and cocurricular activities.

 B. Extracurricular Activities
1.    The school board shall review and account for all
student activity accounting that relates to extracurricular activities.

2.    The school board shall review and account for the following student extracurricular activities:

 

All Student Support

Book Fair

Elementary School Student

Preschool

Elementary Student Council

5th Grade Field Trip

MS Music

MS Student Council

After Prom Party

HS Annual

Band Boosters

Baseball

Boys Basketball

Builder’s Club

Freshmen Class

Sophomore Class

Junior Class

Senior Class

Cross Country

Drama

FFA

Football

Girls Basketball

Golf

Graduation

Greenhouse

Key Club

Lettermen

National Honor Society

Robotics

Softball

HS Student Council

Jr. High Student Council

Track

Trap Shooting

Volleyball

Weight Training
Wrestling

C. Non-Student Activities

In overseeing student activity accounts under this policy, the school board shall not maintain or account for funds generated by non-students including, but not limited to, convenience funds of staff members, booster club funds, parent-teacher organization or association funds, or funds donated to the school district for specified purposes other than student activities.

 

III. DEFINITIONS

A.    Cocurricular Activity
A “cocurricular activity” means those portions of the school-sponsored and directed activities designed to provide opportunities for students to participate in such experiences on an individual basis or in groups, at school and at public events, for improvement of skills (i.e., interscholastic sports, band, etc.). Cocurricular activities are not offered for school credit, cannot be counted toward graduation, and have one or more of the following characteristics:
1. They are conducted at regular and uniform times during school hours, or at times established by school authorities; 2. They are directed or supervised by instructional staff in a learning environment similar to that found in courses offered for credit; and
3. They are partially, primarily, or totally funded by public moneys for general instructional purposes under direction and control of the school board.
B.    Curricular Activity
A “curricular activity” means those portions of the school program for which credit is granted, whether the activity is part of a required or elective program.

 

C.    Extracurricular (Noncurricular/Supplementary) Activity

An “extracurricular (noncurricular/supplementary) activity” means all direct and personal services for students for their enjoyment that are managed and operated under the guidance of an adult or staff member. Extracurricular activities have all of the following characteristics:
1. They are not offered for school credit nor required for graduation;
2. They generally are conducted outside school hours or, if partly during school hours, at times agreed by the participants and approved by school authorities;
3.    The content of the activities is determined primarily by the student participants under the guidance of a staff member or other adult.

 

D.   Public Purpose Expenditure
A “public purpose expenditure” is one which benefits the community as a whole, is directly related to the functions of the school district, and does not have as its primary objective the benefit of private interest.

 

IV. MANAGEMENT AND CONTROL OF ACTIVITY FUNDS

A. Curricular and Cocurricular Activities
1. All money received on account of cocurricular activities shall be turned over to the treasurer, who shall deposit such funds in the general fund, to be disbursed for expenses and salaries connected with the activities, or otherwise, by the school board upon properly allowed itemized claims.
2. The treasurer shall account for all revenues and expenditures related to curricular and cocurricular activities in accordance with the Uniform Financial Accounting and Reporting Standards (AUFARS@), the Manual for Activity Fund Accounting (AMAFA@) to the extent applicable, and school district policies and procedures.
B. Extracurricular Activities

 1.    Extracurricular Activities Under Board Control

 a.    Any and all costs of extracurricular activities under board control may be provided from school revenues.
b.    All money received or expended for extracurricular activities under board control shall be turned over to the treasurer, who shall deposit such funds in the general fund, to be disbursed for expenses and salaries connected with the activities, or otherwise, by the school board upon properly allowed itemized claims.
c.    The treasurer shall account for all revenues and expenditures related to extracurricular activities under board control in accordance with UFARS and MAFA and school district policies and procedures.

 2.    Extracurricular Activities Not Under Board Control

 a.    All extracurricular activities not under board control shall be self-sustaining with all expenses, except direct salary costs and indirect costs of the use of school facilities, met by dues, admissions, or other student fundraising events. The general fund shall reflect only those salaries directly related to and readily identified with the activity and paid by public funds.
b.    Revenues and expenditures for extracurricular activities not under board control shall be recorded and be managed according to MAFA and shall be reviewed for compliance with and accepted by the school board in accordance with school district policies and procedures.
c.    All student activity funds will be collected and expended:

(1)     in compliance with school district policies and procedures;
(2)     under the general direction of the principal and with the participation of students and faculty members who are responsible for generating the revenue;(3)     in a manner which does not produce a deficit or an unreasonably large accumulation of money to a particular student activity fund;
(4)     for activities which directly benefit the majority of those students making the contributions in the year the contributions were made whenever possible; and
(5)     in a manner which meets a public purpose.

d.    Activity accounts of a graduated class will be terminated prior to the start of the school year following graduation. Any residual money from a graduating class activity fund will be removed from the terminated student activity account and deposited into the general fund. Prior to depositing such accounts, all donations or gifts accepted for the specific purpose of the student activity account shall be administered in accordance with the terms of the gift or donation and school district policy.

 

V. DEMONSTRATION OF ACCOUNTABILITY

A.    Semi-Annual Activity Fund Reports
The school board shall appoint a Student Finance Advisory Committee at the commencement of each school year. The Committee will review all new student activity funds and continuing student activity funds for conformity with state law, MAFA requirements, and school district policies and procedures. The Committee will provide the school board with a summary accounting of student activity accounts at least semi-annually, including a report on transactions within each account of the student activity funds. The Committee will make recommendations to the school board on any recommended internal controls regarding student activity funds.

B. Annual External Audit

The school board shall direct its independent certified public accountants to audit, examine, and report upon student activity accounts as part of its annual school district audit in accordance with state law.
C. Fundraiser Report
The Committee will prepare a fundraising report annually which will be reviewed by the school board in May. The report will list the activity, type of fundraisers, timing, purpose, and results.

 

Legal References:
Minn. Stat. ' 123B.02, Subd. 6 (General Powers of Independent School       Districts)
Minn. Stat. ' 123B.09 (Boards of Independent School Districts)
Minn. Stat. ' 123B.15, Subd. 7 (Officers of Independent School Districts)
Minn. Stat. ' 123B.35 (General Policy)
Minn. Stat. ' 123B.36 (Authorized Fees)
Minn. Stat. ' 123B.37 (Prohibited Fees)
Minn. Stat. ' 123B.38 (Hearing)
Minn. Stat. ' 123B.49 (Extracurricular Activities; Insurance)
Minn. Stat. ' 123B.52 (Contracts)
Minn. Stat. ' 123B.76 (Expenditures; Reporting)
Minn. Stat. '123B.77 (Accounting, Budgeting, and Reporting Requirement)
Minn. Rules Part 3500.1050 (Definitions for Pupil Fees)
Visina v. Freeman, 252 Minn. 177, 89 N.W.2d 635 (1958) Minn. Op. Atty. Gen. 159a-16 (May 10, 1966)

 

Cross                          Cross References:
Uniform Financial Accounting and Reporting Standards (AUFARS@) Manual for Activity Fund Accounting (AMAFA@) MSBA/MASA Model Policy 701 (Establishment and Adoption of School District Budget) MSBA/MASA Model Policy 701.1 (Modification of School District Budget)
MSBA/MASA Model Policy 702 (Accounting)
MSBA/MASA Model Policy 703 (Annual Audit)
MSBA/MASA Model Policy 704 (Development and Maintenance of an Inventory of Fixed Assets and a Fixed Asset Accounting System)
MSBA/MASA Model Policy 706 (Acceptance of Gifts)

Adopted:
Revised: January 20, 2016



714 - FUND BALANCES
 

I.  PURPOSE

The purpose of this policy is to create new fund balance classifications to allow for more useful fund balance reporting and for compliance with the reporting guidelines specified in Statement No. 54 of the Governmental Accounting Standards Board (GASB).

 

II.  GENERAL STATEMENT OF POLICY

The policy of this school district is to comply with GASB Statement No. 54. To the extent a specific conflict occurs between this policy and the provisions of GASB Statement No. 54, the GASB Statement shall prevail.

 

III.  DEFINITIONS

A.   “Assigned” fund balance amounts are comprised of unrestricted funds constrained by the school district’s intent that they be used for specific purposes, but that do not meet the criteria to be classified as restricted or committed. In funds other than the general fund, the assigned fund balance represents the remaining amount that is not restricted or committed. The assigned fund balance category will cover the portion of a fund balance that reflects the school district’s intended use of those resources. The action to assign a fund balance may be taken after the end of the fiscal year. An assigned fund balance cannot be a negative number.
B.  “Committed” fund balance amounts are comprised of unrestricted funds used for specific purposes pursuant to constraints imposed by formal action of the school board and that remain binding unless removed by the school board by subsequent formal action. The formal action to commit a fund balance must occur prior to fiscal year end; however, the specific amounts actually committed can be determined in the subsequent fiscal year. A committed fund balance cannot be a negative number.
C.   “Enabling legislation” means legislation that authorizes a school district to assess, levy, charge, or otherwise mandate payment of resources from external providers and includes a legally enforceable requirement that those resources be used only for the specific purposes listed in the legislation.
D. “Fund balance” means the arithmetic difference between the assets and liabilities reported in a school district fund.
E.  “Nonspendable” fund balance amounts are comprised of funds that cannot be spent because they are either not in spendable form or are legally or contractually required to be maintained intact. They include items that are inherently unspendable, such as, but not limited to, inventories, prepaid items, long-term receivables, non-financial assets held for resale, or the permanent principal of endowment funds.

F. “Restricted” fund balance amounts are comprised of funds that have legally enforceable constraints placed on their use that either are externally imposed by resource providers or creditors (such as through debt covenants), grantors, contributors, voters, or laws or regulations of other governments, or are imposed by law through constitutional provisions or enabling legislation.

G.  “Unassigned” fund balance amounts are the residual amounts in the general fund not reported in any other classification. Unassigned amounts in the general fund are technically available for expenditure for any purpose. The general fund is the only fund that can report a positive unassigned fund balance. Other funds would report a negative unassigned fund balance should the total of nonspendable, restricted, and committed fund balances exceed the total net resources of that fund.
H.  “Unrestricted” fund balance is the amount of fund balance left after determining both nonspendable and restricted net resources. This amount can be determined by adding the committed, assigned, and unassigned fund balances.

 

IV. CLASSIFICATION OF FUND BALANCES

The school district shall classify its fund balances in its various funds in one or more of the following five classifications: nonspendable, restricted, committed, assigned, and unassigned.

 

V.  MINIMUM FUND BALANCE

The school district will strive to maintain a minimum unassigned general fund balance of 8.5 percent of the annual budget.

 

VI.  ORDER OF RESOURCE USE

If resources from more than one fund balance classification could be spent, the school district will strive to spend resources from fund balance classifications in the following order (first to last): restricted, committed, assigned, and unassigned.

 

VII. COMMITTING FUND BALANCE

A majority vote of the school board is required to commit a fund balance to a specific purpose and subsequently to remove or change any constraint so adopted by the board.

 

VIII.   ASSIGNING FUND BALANCE

The school board, by majority vote, may assign fund balances to be used for specific purposes when appropriate. The board also delegates the power to assign fund balances to the following: Superintendent. Assignments so made shall be reported to the school board on a monthly basis, either separately or as part of ongoing reporting by the assigning party if other than the school board.
An appropriation of an existing fund balance to eliminate a projected budgetary deficit in the subsequent year’s budget in an amount no greater than the projected excess of expected expenditures over expected revenues satisfies the criteria to be classified as an assignment of fund balance.

 

IX.  STABILIZATION ARRANGEMENTS

 

X.    REVIEW

The school board will conduct an annual review of the sufficiency of the minimum unassigned general fund balance level.

 

 

Legal References: 
Statement No. 54 of the Governmental Accounting Standards Board

 

Cross References:  
MSBA Service Manual, Chapter 7, Education Funding

Adopted: June 20, 2012
Revised: February 17, 2016

 



720 - VENDING MACHINES
 

I. PURPOSE

The purpose of this policy is to establish procedures to govern vending machines installed in school facilities in the school district.

 

II.   GENERAL STATEMENT OF POLICY

It is the policy of the school district to contract for, supervise, maintain and account for the proceeds from vending machines located in school facilities in a manner that is fair, that maximizes the revenues from those machines, that allows those revenues to be included in the budget of the facility in which they are generated, and that establishes controls to avoid fraud, theft or the appearance of impropriety.

 

III.  AUTHORIZATION

Automatic vending machines for the dispensing of food, beverages or other approved items are authorized in any school facility in the school district provided that all contracts for such vending machines must be approved by the school board as provided in this policy.

 

SUPERVISION; APPROVAL; LOCATION

A. All vending machines shall be under the supervision of the school principal or other person in charge of the facility in which the machine is located.  That administrator shall be responsible to supervise the machine in compliance with this policy and any applicable laws.

B. The items to be dispensed from a vending machine located in a school facility shall be approved by the principal or other person in charge of that facility.  All food, beverages or other items approved shall be appropriate to the school setting.  Machines dispensing cigarettes or tobacco products are not authorized under any circumstances.  In the event a written complaint is filed with the superintendent regarding the approval or disapproval of any item, the school board, after proper review, shall make the final determination.

C. Vending machines may be approved that will dispense items only during certain hours, through the use of timers or otherwise.  Vending machines should not be operated in competition with the school cafeteria or food service.  The principal or other person in charge of the school facility may regulate the hours of operation of any machine.

D. Vending machines shall be located to meet any applicable building, fire or life/safety codes and to provide convenience of operation, accessibility and ease of maintenance.  The principal or other person in charge of the facility shall review the location of each machine with appropriate maintenance and food service staff.

 

IV.  CONTRACT APPROVAL

A. All contracts for the purchase or rental of vending machines shall be considered by the school board on a facility-by-facility basis.

B. If it is estimated that the aggregate receipts from all vending machines located in a school facility will be $10,000 or more in a fiscal year, the contract for any vending machine in that facility must be awarded after the receipt of sealed bids and compliance with Minn. Stat. § 123B.52.

C. If it is estimated that the aggregate receipts from all vending machines located in a school facility will be less than $10,000 in a fiscal year, the contract for any vending machine in that facility may be awarded after the receipt of two or more quotations after taking into consideration conformity with the specifications, terms of delivery, other conditions imposed in the call for quotations and compliance with Minn. Stat. § 123B.52.

D. The contracting process shall be conducted in compliance with Minn. Stat. § 123B.52.  A copy of this policy shall be included in any specifications or request for proposals or quotations.  A record shall be kept of all bids or quotations received with the names, amounts and successful bidder indicated.  All bids and quotations shall be kept on file as a public record for a period of at least one year after their receipt.

E. Any bid or quotation must specify all commissions to be paid from the machine and any other noncommission amounts to be paid as a result of the award of the contract.  The noncommission amounts include, but are not limited to, cash payments, in-kind payments, equipment donations, scholarship contributions, bonus payments, or other payments or contributions of any kind or nature.  The noncommission amounts shall be reduced to a cash equivalency and shall be specified on the bid or quotation as an additional amount to be paid for the award of the contract.

F. If a contract contains a provision allowing exclusivity, such as all machines in the building carrying only a certain manufacturer’s brand of pop, that provision must be reviewed by the administration prior to requesting bids or quotations to ensure that it does not conflict with other contracts of the school district.

G. All contracts for vending machines must be approved by the school board.  Any contract not made in compliance with this policy shall be void.  Any district employee signing an unauthorized contract may be subject to personal liability thereon and may be disciplined for said action.

H. All vending machines are to be installed at the expense of the facility in which located.  All financial responsibility for the maintenance and repair of machines shall remain with the individual facility in which located to the extent not addressed in the contract.

I. No teacher, administrator, school district employee or school board member shall be interested, directly or indirectly, in a vending machine contract with the school district or personally benefit financially therefrom.

 

V.   ACCOUNTING

A. Proceeds from vending machine sales and contracts shall be under the control of the school board, shall be accounted for in one of the regular school district funds, and must be accounted for and reported in compliance with UFARS.

B. An amount equal to the amount of the proceeds from the machines in each facility shall be included in the budget of the facility in which the proceeds are generated.  That amount may be expended in accordance with established expenditure procedures.

C. Pursuant to the vending machine contract or otherwise, proper auditing and inventory control procedures shall be established to ensure that commissions are being correctly calculated and paid.  These controls must include daily, weekly or other periodic inventories and written reconciliations of variances between inventory and cash.  Each time cash is removed from, or inventory is added to a machine, a written reconciliation between cash and inventory must be performed by the person taking the cash from the machine and must be signed by the principal or other person in charge of the facility.  The original written reconciliation reports shall be filed with the business office monthly and a copy shall be retained by the principal’s office.

 

Legal References: 

Minn. Stat. § 123B.52 (Contracts)

Minn. Stat. § 123B.20 (Dealing in Supplies)

Minn. Stat. § 471.345 (Contracts)

Minn. Stat. § 471.87 (Conflict of Interest)

 

Cross References: 

MSBA/MASA Model Policy 210 (Conflict of Interest – School Board Members)

MSBA/MASA Model Policy 702 (Accounting)

Adopted: January 21, 2004
Revised: February 17, 2016



721 - UNIFORM GRANT GUIDANCE POLICY REGARDING FEDERAL REVENUE SOURCES

I.         PURPOSE

 The purpose of this policy is to ensure compliance with the requirements of the federal Uniform Grant Guidance regulations by establishing uniform administrative requirements, cost principles, and audit requirements for federal grant awards received by the school district.
 
II.       DEFINITIONS
 
  1. Grants
 
  1. State-administered grants” are those grants that pass through a state agency such as the Minnesota Department of Education (MDE).
 
  1. “Direct grants” are those grants that do not pass through another agency such as MDE and are awarded directly by the federal awarding agency to the grantee organization. These grants are usually discretionary grants that are awarded by the U.S. Department of Education (DOE) or by another federal awarding agency.
 
[Note: All of the requirements outlined in this policy apply to both direct grants and state-administered grants.]
 
          B.       “Non-federal entity” means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient.
 
          C.       “Federal award” has the meaning, depending on the context, in either paragraph 1. or 2. of this definition:
 
  1. a.       The federal financial assistance that a non-federal entity receives directly from a federal awarding agency or indirectly from a pass-through entity, as described in 2 C.F.R. § 200.101 (Applicability); or
 
  1. The cost-reimbursement contract under the federal Acquisition Regulations that a non-federal entity receives directly from a federal awarding agency or indirectly from a pass-through entity, as described in 2 C.F.R. § 200.101 (Applicability).
 
  1. The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of 2 C.F.R. § 200.40 (Federal Financial Assistance), or the cost-reimbursement contract awarded under the federal Acquisition Regulations.
 
  1. “Federal award” does not include other contracts that a federal agency uses to buy goods or services from a contractor or a contract to operate federal-government-owned, contractor-operated facilities.
 
          D.       “Contract” means a legal instrument by which a non-federal entity purchases property or services needed to carry out the project or program under a federal award.  The term, as used in 2 C.F.R. Part 200, does not include a legal instrument, even if the non-federal entity considers it a contract, when the substance of the transaction meets the definition of a federal award or subaward.
 
          E.       Procurement Methods
                  
  1. “Procurement by micro-purchase” is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (generally $3,000, except as otherwise discussed in 48 C.F.R. Subpart 2.1 or as periodically adjusted for inflation).
 
  1. “Procurement by small purchase procedures” are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than $150,000 (periodically adjusted for inflation).
 
  1. “Procurement by sealed bids (formal advertising)” is a publicly solicited and a firm, fixed-price contract (lump sum or unit price) awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price.
 
  1. “Procurement by competitive proposals” is normally conducted with more than one source submitting an offer, and either a fixed-price or cost-reimbursement type contract is awarded. Competitive proposals are generally used when conditions are not appropriate for the use of sealed bids.
 
  1. “Procurement by noncompetitive proposals” is procurement through solicitation of a proposal from only one source.
 
F.       “Equipment” means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which exceeds the lesser of the capitalization level established by the non-federal entity for financial statement purposes, or $5,000.
 
          G.       “Compensation for personal services” includes all remuneration, paid currently or accrued, for services of employees rendered during the period of performance under the federal award, including, but not necessarily limited to, wages and salaries.  Compensation for personal services may also include fringe benefits which are addressed in 2 C.F.R. § 200.431 (Compensation - Fringe Benefits).
 
          H.       “Post-retirement health plans” refer to costs of health insurance or health services not included in a pension plan covered by 2 C.F.R. § 200.431(g) for retirees and their spouses, dependents, and survivors.
 
I.        “Severance pay” is a payment in addition to regular salaries and wages by the non-federal entities to workers whose employment is being terminated.
 
J.       “Direct costs” are those costs that can be identified specifically with a particular final cost objective, such as a federal award, or other internally or externally funded activity, or that can be directly assigned to such activities relatively easily with a high degree of accuracy.
 
          K.       “Relocation costs” are costs incident to the permanent change of duty assignment (for an indefinite period or for a stated period not less than 12 months) of an existing employee or upon recruitment of a new employee.
 
          L.       “Travel costs” are the expenses for transportation, lodging, subsistence, and related items incurred by employees who are in travel status on official business of the school district.
 
III.      CONFLICT OF INTEREST
 
  1. Employee Conflict of Interest.  No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest.  Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.  The employees, officers, and agents of the school district may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.  However, the school district may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.  The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by employees, officers, or agents of the school district.
 
  1. Organizational Conflicts of Interest.  The school district is unable or appears to be unable to be impartial in conducting a procurement action involving the related organization because of relationships with a parent company, affiliate, or subsidiary organization.
 
  1. Disclosing Conflicts of Interest.  The school district must disclose in writing any potential conflict of interest to MDE in accordance with applicable federal awarding agency policy.
 
IV.       ACCEPTABLE METHODS OF PROCUREMENT
 
  1. General Procurement Standards.  The school district must use its own documented procurement procedures which reflect applicable state laws, provided that the procurements conform to the applicable federal law and the standards identified in the Uniform Grant Guidance.
 
  1. The school district must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.
 
  1. The school district’s procedures must avoid acquisition of unnecessary or duplicative items.  Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase.  Where appropriate, an analysis will be made of lease versus purchase alternatives and any other appropriate analysis to determine the most economical approach.
 
  1. The school district must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement.  Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.
 
  1. The school district must maintain records sufficient to detail the history of procurement.  These records will include, but are not necessarily limited to, the following:  rationale for the method of procurement; selection of the contract type; contractor selection or rejection; and the basis for the contract price.
 
  1. The school district alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements.  These issues include, but are not limited to, source evaluation, protests, disputes, and claims.  These standards do not relieve the school district of any contractual responsibilities under its contracts.
 
  1. The school district must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.
 
  1. Methods of Procurement.  The school district must use one of the following methods of procurement:
 
  1. Procurement by micro-purchases.  To the extent practicable, the school district must distribute micro-purchases equitably among qualified suppliers.  Micro-purchases may be awarded without soliciting competitive quotations if the school district considers the price to be reasonable.
 
  1. Procurement by small purchase procedures.  If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources.
 
  1. Procurement by sealed bids (formal advertising).
 
  1. Procurement by competitive proposals. If this method is used, the following requirements apply:
 
  1. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical;
 
  1. Proposals must be solicited from an adequate number of qualified sources;
     
  2. The school district must have a written method for conducting technical evaluations of the proposals received and for selecting recipients;
     
  3. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and
 
  1. The school district may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors’ qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method where price is not used as a selection factor can only be used in procurement of A/E professional services; it cannot be used to purchase other types of services, though A/E firms are a potential source to perform the proposed effort.
 
  1. Procurement by noncompetitive proposals. Procurement by noncompetitive proposals may be used only when one or more of the following circumstances apply:
 
  1. The item is available only from a single source;
 
  1. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
 
  1. The DOE or MDE expressly authorizes noncompetitive proposals in response to a written request from the school district; or
 
  1. After solicitation of a number of sources, competition is determined inadequate.
 
  1. Competition.  The school district must have written procedures for procurement transactions.  These procedures must ensure that all solicitations:
 
  1. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When making a clear and accurate description of the technical requirements is impractical or uneconomical, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement.  The specific features of the named brand which must be met by offers must be clearly stated; and
 
  1. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.
 
  1. The school district must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the school district must not preclude potential bidders from qualifying during the solicitation period.
 
  1. Non-federal entities are prohibited from contracting with or making subawards under “covered transactions” to parties that are suspended or debarred or whose principals are suspended or debarred.  “Covered transactions” include procurement contracts for goods and services awarded under a grant or cooperative agreement that are expected to equal or exceed $25,000.
 
  1. All nonprocurement transactions entered into by a recipient (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions, unless they are exempt as provided in 2 C.F.R.  § 180.215.
 
V.        MANAGING EQUIPMENT AND SAFEGUARDING ASSETS
 
  1. Property Standards.  The school district must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity.  Federally owned property need not be insured unless required by the terms and conditions of the federal award.
 
The school district must adhere to the requirements concerning real property, equipment, supplies, and intangible property set forth in 2 C.F.R. §§ 200.311,  200.314, and 200.315.
 
  1. Equipment
 
Management requirements.  Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a federal award, until disposition takes place will, at a minimum, meet the following requirements:
 
  1. Property records must be maintained that include a description of the property; a serial number or other identification number; the source of the funding for the property (including the federal award identification number (FAIN)); who holds title; the acquisition date; the cost of the property; the percentage of the federal participation in the project costs for the federal award under which the property was acquired; the location, use, and condition of the property; and any ultimate disposition data, including the date of disposition and sale price of the property.
 
  1. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years.
 
  1. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property.  Any loss, damage, or theft must be investigated.
 
  1. Adequate maintenance procedures must be developed to keep property in good condition.
 
  1. If the school district is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.
 
VI.     FINANCIAL MANAGEMENT REQUIREMENTS
 
A.       Financial Management.  The school district’s financial management systems, including records documenting compliance with federal statues, regulations, and the terms and conditions of the federal award, must be sufficient to permit the preparation of reports required by general and program-specific terms and conditions; and the tracing of funds to a level of expenditures adequate to establish that such funds have been used according to the federal statutes, regulations, and the terms and conditions of the federal award.
 
  1. Payment.  The school district must be paid in advance, provided it maintains or demonstrates the willingness to maintain both written procedures that minimize the time elapsing between the transfer of funds and disbursement between the school district and the financial management systems that meet the standards for fund control.
 
Advance payments to a school district must be limited to the minimum amounts needed and timed to be in accordance with the actual, immediate cash requirements of the school district in carrying out the purpose of the approved program or project.  The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements by the non-federal entity for direct program or project costs and the proportionate share of any allowable indirect costs.  The school district must make timely payment to contractors in accordance with the contract provisions.
 
  1. Internal Controls.  The school district must establish and maintain effective internal control over the federal award that provides reasonable assurance that the school district is managing the federal award in compliance with federal statutes, regulations, and the terms and conditions of the federal award.  These internal controls should be in compliance with guidance in “Standards for Internal Control in the Federal Government,” issued by the Comptroller General of the United States, or the “Internal Control Integrated Framework,” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).
 
The school district must comply with federal statutes, regulations, and the terms and conditions of the federal award.
 
The school district must also evaluate and monitor the school district’s compliance with statutes, regulations, and the terms and conditions of the federal award.
 
The school district must also take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings.
 
The school district must take reasonable measures to safeguard protected personally identifiable information considered sensitive consistent with applicable federal and state laws regarding privacy and obligations of confidentiality.
 
VII.     ALLOWABLE USE OF FUNDS AND COST PRINCIPLES
 
  1. Allowable Use of Funds.  The school district administration and board will enforce appropriate procedures and penalties for program, compliance, and accounting staff responsible for the allocation of federal grant costs based on their allowability and their conformity with federal cost principles to determine the allowability of costs.
 
  1. Definitions
 
  1. “Allowable cost” means a cost that complies with all legal requirements that apply to a particular federal education program, including statutes, regulations, guidance, applications, and approved grant awards.
 
  1. “Education Department General Administrative Regulations (EDGAR)” means a compilation of regulations that apply to federal education programs.  These regulations contain important rules governing the administration of federal education programs and include rules affecting the allowable use of federal funds (including rules regarding allowable costs, the period of availability of federal awards, documentation requirements, and grants management requirements).  EDGAR can be accessed at: http://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html.
 
  1. “Omni Circular” or “2 C.F.R. Part 200s” or “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” means federal cost principles that provide standards for determining whether costs may be charged to federal grants.
 
  1. “Advance payment” means a payment that a federal awarding agency or pass-through entity makes by any appropriate payment mechanism, including a predetermined payment schedule, before the non-federal entity disburses the funds for program purposes.
 
  1. Allowable Costs. The following items are costs that may be allowable under the 2 C.F.R. Part 200s under specific conditions:
 
  1. Advisory councils;
 
  1. Audit costs and related services;
 
  1. Bonding costs;
 
  1. Communication costs;
 
  1. Compensation for personal services;
 
  1. Depreciation and use allowances;
 
  1. Employee morale,  health, and welfare costs;
 
  1. Equipment and other capital expenditures;
 
  1. Gains and losses on disposition of depreciable property and other capital assets and substantial relocation of federal programs;
 
  1. Insurance and indemnification;
 
  1. Maintenance, operations, and repairs;
 
  1. Materials and supplies costs;
 
  1. Meetings and conferences;
 
  1. Memberships, subscriptions, and professional activity costs;
 
  1. Security costs;
 
  1. Professional service costs;
 
  1. Proposal costs;
 
  1. Publication and printing costs;
 
  1. Rearrangement and alteration costs;
 
  1. Rental costs of building and equipment;
 
  1. Training costs; and
 
  1. Travel costs.
 
  1. Costs Forbidden by Federal Law.  2 CFR Part 200s and EDGAR identify certain costs that may never be paid with federal funds.  The following list provides examples of such costs.  If a cost is on this list, it may not be supported with federal funds.  The fact that a cost is not on this list does not mean it is necessarily permissible.  Other important restrictions apply to federal funds, such as those items detailed in the 2 CFR Part 200s; thus, the following list is not exhaustive:
 
  1. Advertising and public relations costs (with limited exceptions), including promotional items and memorabilia, models, gifts, and souvenirs;
 
  1. Alcoholic beverages;
 
  1. Bad debts;
 
  1. Contingency provisions (with limited exceptions);
 
  1. Fundraising and investment management costs (with limited exceptions);
 
  1. Donations;
 
  1. Contributions;
 
  1. Entertainment (amusement, diversion, and social activities and any associated costs);
 
  1. Fines and penalties;
 
  1. General government expenses (with limited exceptions pertaining to Indian tribal governments and Councils of Government (COGs));
 
  1. Goods or services for personal use;
 
  1. Interest, except interest specifically stated in 2 C.F.R. § 200.441 as allowable;
 
  1. Religious use;
 
  1. The acquisition of real property (unless specifically permitted by programmatic statute or regulations, which is very rare in federal education programs);
 
  1. Construction (unless specifically permitted by programmatic statute or regulations, which is very rare in federal education programs); and
 
  1. Tuition charged or fees collected from students applied toward meeting matching, cost sharing, or maintenance of effort requirements of a program.
 
  1. Program Allowability
 
  1. Any cost paid with federal education funds must be permissible under the federal program that would support the cost.
 
  1. Many federal education programs detail specific required and/or allowable uses of funds for that program.  Issues such as eligibility, program beneficiaries, caps or restrictions on certain types of program expenses, other program expenses, and other program specific requirements must be considered when performing the programmatic analysis.
 
  1. The two largest federal K-12 programs, Title I, Part A, and the Individuals with Disabilities Education Act (IDEA), do not contain a use of funds section delineating the allowable uses of funds under those programs.  In those cases, costs must be consistent with the purposes of the program in order to be allowable.
 
  1. Federal Cost Principles
 
  1. The Omni Circular defines the parameters for the permissible uses of federal funds.  While many requirements are contained in the Omni Circular, it includes five core principles that serve as an important guide for effective grant management.  These core principles require all costs to be:
 
  1. Necessary for the proper and efficient performance or administration of the program.
 
  1. Reasonable.  An outside observer should clearly understand why a decision to spend money on a specific cost made sense in light of the cost, needs, and requirements of the program.
 
  1. Allocable to the federal program that paid for the cost.  A program must benefit in proportion to the amount charged to the federal program – for example, if a teacher is paid 50% with Title I funds, the teacher must work with the Title I program/students at least 50% of the time.  Recipients also need to be able to track items or services purchased with federal funds so they can prove they were used for federal program purposes.
 
  1. Authorized under state and local rules.  All actions carried out with federal funds must be authorized and not prohibited by state and local laws and policies.
 
  1. Adequately documented.  A recipient must maintain proper documentation so as to provide evidence to monitors, auditors, or other oversight entities of how the funds were spent over the lifecycle of the grant.
 
  1. Program Specific Fiscal Rules.  The Omni Circular also contains specific rules on selected items of costs.  Costs must comply with these rules in order to be paid with federal funds.
 
  1. All federal education programs have certain program specific fiscal rules that apply.  Determining which rules apply depends on the program; however, rules such as supplement, not supplant, maintenance of effort, comparability, caps on certain uses of funds, etc., have an important impact when analyzing whether a particular cost is permissible.
 
  1. Many state-administered programs require local education agencies (LEAs) to use federal program funds to supplement the amount of state, local, and, in some cases, other federal funds they spend on education costs and not to supplant (or replace) those funds.  Generally, the “supplement, not supplant” provision means that federal funds must be used to supplement the level of funds from non-federal sources by providing additional services, staff, programs, or materials.  In other words, federal funds normally cannot be used to pay for things that would otherwise be paid for with state or local funds (and, in some cases, with other federal funds).
 
  1. Auditors generally presume supplanting has occurred in three situations:
 
  1. School district uses federal funds to provide services that the school district is required to make available under other federal, state, or local laws.
 
  1. School district uses federal funds to provide services that the school district provided with state or local funds in the prior year.
 
  1. School district uses Title I, Part A, or Migrant Education Program funds to provide the same services to Title I or Migrant students that the school district provides with state or local funds to nonparticipating students.
 
  1. These presumptions apply differently in different federal programs and also in schoolwide program schools.  Staff should be familiar with the supplement not supplant provisions applicable to their program.
 
  1. Approved Plans, Budgets, and Special Conditions
 
  1. As required by the Omni Circular, all costs must be consistent with approved program plans and budgets.
 
  1. Costs must also be consistent with all terms and conditions of federal awards, including any special conditions imposed on the school district’s grants.
 
  1. Training
 
  1. The school district will provide training on the allowable use of federal funds to all staff involved in federal programs.
 
  1. The school district will promote coordination between all staff involved in federal programs through activities, such as routine staff meetings and training sessions.
 
  1. Employee Sanctions.  Any school district employee who violates this policy will be subject to discipline, as appropriate, up to and including the termination of employment.
 
VIII.  COMPENSATION – PERSONAL SERVICES EXPENSES AND REPORTING
 
  1. Compensation – Personal Services
 
Costs of compensation are allowable to the extent that they satisfy the specific requirements of the Uniform Grant Guidance and that the total compensation for individual employees:
 
  1. Is reasonable for the services rendered and conforms to the established written policy of the school district consistently applied to both federal and non-federal activities; and
 
  1. Follows an appointment made in accordance with a school district’s written policies and meets the requirements of federal statute, where applicable.
 
Unless an arrangement is specifically authorized by a federal awarding agency, a school district must follow its written non-federal, entitywide policies and practices concerning the permissible extent of professional services that can be provided outside the school district for non-organizational compensation.
 
B.       Compensation – Fringe Benefits
 
  1. During leave.
 
The costs of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
 
  1. They are provided under established written leave policies;
 
  1. The costs are equitably allocated to all related activities, including federal awards; and
 
  1. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the school district.
 
  1. The costs of fringe benefits in the form of employer contributions or expenses for social security; employee life, health, unemployment, and worker’s compensation insurance (except as indicated in 2 C.F.R. § 200.447(d)); pension plan costs; and other similar benefits are allowable, provided such benefits are granted under established written policies.  Such benefits must be allocated to federal awards and all other activities in a manner consistent with the pattern of benefits attributable to the individuals or group(s) of employees whose salaries and wages are chargeable to such federal awards and other activities and charged as direct or indirect costs in accordance with the school district’s accounting practices.
 
  1. Actual claims paid to or on behalf of employees or former employees for workers’ compensation, unemployment compensation, severance pay, and similar employee benefits (e.g., post-retirement health benefits) are allowable in the year of payment provided that the school district follows a consistent costing policy.
 
  1. Pension plan costs may be computed using a pay-as-you-go method or an acceptable actuarial cost method in accordance with the written policies of the school district.
 
  1. Post-retirement costs may be computed using a pay-as-you-go method or an acceptable actuarial cost method in accordance with established written policies of the school district.
 
  1. Costs of severance pay are allowable only to the extent that, in each case, severance pay is required by law; employer-employee agreement; established policy that constitutes, in effect, an implied agreement on the school district’s part; or circumstances of the particular employment.
 
C.       Insurance and Indemnification.  Types and extent and cost of coverage are in accordance with the school district’s policy and sound business practice.
 
  1. Recruiting Costs.  Short-term, travel visa costs (as opposed to longer-term, immigration visas) may be directly charged to a federal award, so long as they are:
 
1.       Critical and necessary for the conduct of the project;
 
2.       Allowable under the cost principles set forth in the Uniform Grant Guidance;
 
3.       Consistent with the school district’s cost accounting practices and school district policy; and
 
4.       Meeting the definition of “direct cost” in the applicable cost principles of the Uniform Grant Guidance.
 
E.       Relocation Costs of Employees.  Relocation costs are allowable, subject to the limitations described below, provided that reimbursement to the employee is in accordance with the school district’s reimbursement policy.
 
F.       Travel Costs.  Travel costs may be charged on an actual cost basis, on a per diem or mileage basis in lieu of actual costs incurred, or on a combination of the two, provided the method used is applied to an entire trip and not to selected days of the trip, and results in charges consistent with those normally allowed in like circumstances in the school district’s non-federally funded activities and in accordance with the school district’s reimbursement policies.
 
Costs incurred by employees and officers for travel, including costs of lodging, other subsistence, and incidental expenses, must be considered reasonable and otherwise allowable only to the extent such costs do not exceed charges normally allowed by the school district in its regular operations according to the school district’s written reimbursement and/or travel policies.
 
In addition, when costs are charged directly to the federal award, documentation must justify the following:
 
  1. Participation of the individual is necessary to the federal award; and
 
  1. The costs are reasonable and consistent with the school district’s established travel policy.
 
Temporary dependent care costs above and beyond regular dependent care that directly results from travel to conferences is allowable provided the costs are:
 
  1. A direct result of the individual’s travel for the federal award;
 
  1. Consistent with the school district’s documented travel policy for all school district travel; and
 
  1. Only temporary during the travel period.
 
[Note:            Noncompliance. If a school district fails to comply with federal statutes, regulations, or the terms and conditions of a federal award, the DOE or MDE may impose additional conditions, as described in 2 C.F.R. § 200.207 (Specific Conditions).  If the DOE or MDE determines that noncompliance cannot be remedied by imposing additional conditions, the DOE or MDE may take one or more of the following actions, as appropriate under the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the school district or more severe enforcement action by the DOE or MDE; 2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the federal award; 4) Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and DOE regulations (or, in the case of MDE, recommend such a proceeding be initiated by the DOE); 5) Withhold further federal awards for the project or program; and/or 6) Take other remedies that may be legally available.]
 
 
Legal References:  2 C.F.R. § 200.12 (Capital Assets)
                             2 C.F.R. § 200.112 (Conflict of Interest)
                             2 C.F.R. § 200.113 (Mandatory Disclosures)
                             2 C.F.R. § 200.205(d) (Federal Awarding Agency Review of Risk Posed by Applicants)
                             2 C.F.R. § 200.212 (Suspension and Debarment)
                             2 C.F.R. § 200.300(b) (Statutory and National Policy Requirements)
                             2 C.F.R. § 200.302 (Financial Management)
                             2 C.F.R. § 200.303 (Internal Controls)
                             2 C.F.R. § 200.305(b)(1) (Payment)
                             2 C.F.R. § 200.310 (Insurance Coverage)
                             2 C.F.R. § 200.311 (Real Property)
                             2 C.F.R. § 200.313(d) (Equipment)
                             2 C.F.R. § 200.314 (Supplies)
                             2 C.F.R. § 200.315 (Intangible Property)
                             2 C.F.R. § 200.318 (General Procurement Standards)
                             2 C.F.R. § 200.319(c) (Competition)
                             2 C.F.R. § 200.320 (Methods of Procurement to be Followed)
                             2 C.F.R. § 200.321 (Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms)
                             2 C.F.R. § 200.328 (Monitoring and Reporting Program Performance)
                             2 C.F.R. § 200.338 (Remedies for Noncompliance)
                             2 C.F.R. § 200.403(c) (Factors Affecting Allowability of Costs)
                             2 C.F.R. § 200.430 (Compensation – Personal Services)
                             2 C.F.R. § 200.431 (Compensation – Fringe Benefits)
                             2 C.F.R. § 200.447 (Insurance and Indemnification)
                             2 C.F.R. § 200.463 (Recruiting Costs)
                             2 C.F.R. § 200.464 (Relocation Costs of Employees)
                             2 C.F.R. § 200.473 (Transportation Costs)
                             2 C.F.R. § 200.474 (Travel Costs)
 
Cross References:  MSBA/MASA Model Policy 208 (Development, Adoption, and Implementation of Policies)
                             MSBA/MASA Model Policy 210 (Conflict of Interest – School Board Members)
          MSBA/MASA Model Policy 210.1 (Conflict of Interest – Charter School Board Members)
          MSBA/MASA Model Policy 412 (Expense Reimbursement)
          MSBA/MASA Model Policy 701 (Establishment and Adoption of School District Budget)
          MSBA/MASA Model Policy 701.1 (Modification of School District Budget)
          MSBA/MASA Model Policy 702 (Accounting)
          MSBA/MASA Model Policy 703 (Annual Audit)
 
 
Adopted: August 15, 2016                                                         
Revised:                                                               
Reviewed:                                                                   
 


722 - FOOD EVENT POLICIES
KINGSLAND FOOD EVENT POLICIES: revised August 3, 2015

Beginning August 2012, the State of Minnesota mandated Food Safety Guidelines for concessions or anyone else that will be preparing and serving food through the school kitchens or cafeterias. Concessions serving potentially hazardous foods need to have a licensed certified individual on-site in the concession stand or cafeteria during any food preparation or serving. The concession stand must be up to code with the State of Minnesota and will be inspected twice a year just as any food service establishment. These rules also apply to anyone who will be using the concession area. This is a State of Minnesota and food service enforced policy.
A lead person must be appointed in charge of the concession. Each concession must comply with the following:
1. Home-prepared food may never be offered to the public through a concession stand.
2. Equipment determines the menu. This means that any concession other than prepackaged, non-heated foods, non-hazardous foods,(i.e., canned or bottled beverages, chips, and candy) must have special NFS approved equipment appropriate to the menu.
3. Any concession on school grounds may choose from the following options:



Option A: Non-hazardous concessions can be served either in the café or the concession stand, (see list below). Use of Kingsland’s concession stand will need a booster club member present during concessions.
Option B:  Potentially hazardous food concessions will require the use of the kitchen and must have a certified Kingsland Foodservice employee present. If the menu requires use of the school’s kitchen, there will be fees charged for personnel and food ordered. Food leftover belongs to the event which purchases it. All regulatory matters are handled directly through the school food service authority and administration.  Potentially hazardous food concessions requiring the use of the kitchen includes: pork sandwiches, walking tacos, cheesy potatoes, etc.
Option C: Obtain a separate food service license. The sponsoring organization applies for and maintains licensure. Compliance is the responsibility of the license holder. The type of license needed would depend on the type of concession. This option only applies to concessions not served inside the school building.


Option D: Food may be catered in from a licensed and inspected establishment, This establishment must also serve the food to make sure health department guidelines are followed.

Potluck (this food can be brought from home or catered in): Money cannot be charged for the event to be considered potluck. General health and sanitation guidelines must be followed during cooking, storing, and serving of food items. Examples include hand washing, maintaining proper temperatures, using clean utensils, etc. Someone needs to be appointed to be in charge of the event. The school’s kitchen cannot be used for preparation or serving of potluck events. Potluck events would include team banquets, classroom instruction, or staff sharing.

Bake sales are not allowed due to concerns regarding food allergies and sanitary conditions, as recommended by the Department of Health.

Classrooms treats must be prepackaged or purchased from a licensed and inspected establishment. Homemade treats are not allowed.

Fundraisers: Fundraisers need district approval. A person must be appointed in charge of the event.
1. Meals served as fundraisers must be supervised during preparation and serving by the school’s food authority, or catered in. The organization is responsible for the expenses submitted by school’s food service.
2. Items sold for fundraisers cannot require refrigeration or freezing at the school.

Potentially Hazardous Foods: Pizza, hot dogs, nachos, pork sandwiches, walking tacos, cheesy potatoes, etc.
Non Hazardous Foods: Commercially packaged food items .Ex: chips, cookies, bars, candy, bottled drinks, etc.
Any questions regarding this policy can be directed to Kingsland’s School Food Authorities.
Judy Tart: Pre-k through 3 and 7-12 Head Cook at tart.judy@kingsland2137.org
Linda Boland: 4-6 Head Cook at boland.linda@kingsland2137.org

For all events, you must first fill out a facility use request form, and it must be approved by administration.



 


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