800 Series - Buildings and Sites
807 - HEALTH AND SAFETY

I. PURPOSE


The purpose of this policy is to assist the school district in promoting health and safety, reducing injuries, and complying with federal, state, and local health and safety laws and regulations.

 

II. GENERAL STATEMENT OF POLICY

 

            A.        The policy of the school district is to implement a health and safety program that includes plans and procedures to protect employees, students, volunteers, and members of the general public who enter school district buildings and grounds.  The objective of the health and safety program will be to provide a safe and healthy learning environment; to increase safety awareness; to help prevent accidents, illnesses, and injuries; to reduce liability; to assign duties and responsibilities to school district staff to implement and maintain the health and safety program; to establish written procedures for the identification and management of hazards or potential hazards; to train school district staff on safe work practices; and to comply with all health and safety, environmental, and occupational health laws, rules, and regulations.

 

          B.      All school district employees have a responsibility for maintaining a safe and healthy environment within the school district and are expected to be involved in the health and safety program to the extent practicable.  For the purpose of implementing this policy, the school district may form a health and safety advisory committee to be appointed by the superintendent. THe health and safety advisory committee will be composed of employees and other individuals with specific knowledge of related issues. The advisory committee will provide recommendations to the administration regarding plans and procedures to implement this policy and to establish procedures for identifying, analyzing, and controlling hazards, minimizing risks, and training school district staff on safe work practices.  The committee will also recommend procedures for investigating accidents and enforcement of workplace safety rules.  Each recommendation shall include estimates of annual costs of implementing and maintaining that proposed recommendation. THe superintendent may request that the safety committee established under Minn. Stat. 182.676 carry out all or part of the duties of the advisory committee or the advisory committee may consider recommendations from a separate safety committee established under Minn. Stat 182.676.

 

III. PROCEDURES

 

            A.       Based upon recommendations from the health and safety advisory committee and subject to the budget adopted by the school board to implement or maintain these recommendations, the administration will adopt and implement written plans and procedures for identification and management of hazards or potential hazards existing within the school district in accordance with federal, state, and local laws, rules, and regulations.  Written plans and procedures will be maintained, updated, and reviewed by the school board on an annual basis and shall be an addendum to this policy.  The administration shall identify in writing a contact person to oversee compliance with each specific plan or procedure.

 

          B.      To the extent that federal, state, and local laws, rules, and regulations do not exist for identification and management of hazards or potential hazards, the health and safety advisory committee shall evaluate other available resources and generally accepted best practice recommendations. Best practices are techniques or actions which, through experience or research, have consistently proven to lead to specific positive outcomes.

 

          C.      The school district shall monitor and make good faith efforts to comply with any new or amended laws, rules, or regulations to control potential hazards.

 

IV. PROGRAM AND PLANS



A. For the purpose of implementing this policy, the     administration will, within the budgetary limitations adopted by the school board, implement a health and safety program that includes specific plan requirements in various areas as identified by the health and safety advisory committee.  Areas that may be considered include, but are not limited to, the following:

 

                     1.       Asbestos

                     2.       Fire and Life Safety

                     3.       Employee Right to Know

                     4.       Emergency Action Planning

                     5.       Combustible and Hazardous Materials Storage

                     6.       Indoor Air Quality

                     7.       Mechanical Ventilation

                     8.       Mold Cleanup and Abatement

                     9.      Accident and Injury Reduction Program:  Model AWAIR Program for Minnesota Schools

                    10.     Infectious Waste/Bloodborne Pathogens

        11.     Community Right to Know

        12.     Compressed Gas Safety

        13.     Confined Space Standard

        14.     Electrical Safety

        15.     First Aid/CPR/AED

                    16.     Food Safety Inspection

                    17.     Forklift Safety

                    18.     Hazardous Waste

                    19.     Hearing Conservation

        20.     Hoist/Lift/Elevator Safety

        21.     Integrated Pest Management

        22.     Laboratory Safety Standard/Chemical Hygiene Plan

        23.     Lead

        24.     Control of Hazardous Energy Sources (Lockout/Tagout)

        25.     Machine Guarding

        26.     Safety Committee

        27.     Personal Protection Equipment (PPE)

        28.     Playground Safety

        29.     Radon

        30.     Respiratory Protection

        31.     Underground and Above Ground Storage Tanks

        32.     Welding/Cutting/Brazing

                    33.     Fall Protection

                    34.     Other areas determined to be appropriate by the health and safety advisory committee.

 

If a risk is not present in the school district, the preparation of a plan or procedure for that risk will not be necessary.

 
B. The administration shall establish procedures to ensure, to the extent practicable, that all employees are properly trained and instructed in job procedures, crisis response duties, and emergency response actions where exposure or possible exposure to hazards and potential hazards may occur.

 
C. The administration shall conduct or arrange safety inspections and drills. Any identified hazards, unsafe conditions, or unsafe practices will be documented and corrective action taken to the extent practicable to control that hazard, unsafe condition, or unsafe practice.

         

D. Communication from employees regarding hazards, unsafe or potentially unsafe working conditions, and unsafe or potentially unsafe practices is encouraged in either written or oral form. No employee will be retaliated against for reporting hazards or unsafe or potentially unsafe working conditions or practices.

 
E. The administration shall conduct periodic workplace inspections to identify potential hazards and safety concerns.

 
F. In the event of an accident or a near miss, the school district shall promptly cause an accident investigation to be conducted in order to determine the cause of the incident and to take action to prevent a similar incident.  All accidents and near misses must be reported to an immediate supervisor as soon as possible.

 

V. BUDGET


The superintendent shall be responsible to provide for periodic school board review and approval of the various plan requirements of the health and safety program, including current plan requirements and related written plans and procedures and recommendations for additional plan requirements proposed to be adopted.  The superintendent, or such other school official as designated by the superintendent, each year shall prepare preliminary revenue and expenditure budgets for the school district’s health and safety program.  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 this program and make such adjustments within the expenditure budget to carry out the current program and to implement new recommendations within the revenues projected and appropriated for this purpose.  No funds may be expended for the health and safety program in any school year prior to the adoption of the budget document authorizing 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.  The health and safety program shall be implemented, conducted, and administered within the fiscal restraints of the budget so adopted.

 

VI. ENFORCEMENT


Enforcement of this policy is necessary for the goals of the school district’s health and safety program to be achieved.  Within applicable budget limitations, school district employees will be trained and receive periodic reviews of safety practices and procedures, focusing on areas that directly affect the employees’ job duties.  Employees shall participate in practice drills. Willful violations of safe work practices may result in disciplinary action in accordance with applicable school district policies.

 

 

Legal References:
Minn. Stat. §123B.56 (Health, Safety, and Environmental Management)

Minn. Stat. §123B.57 (Capital Expenditure; Health and Safety)

 

Cross References: 
MSBA/MASA Model Policy 407 (Employee Right to Know - Exposure to Hazardous Substances)

            MSBA/MASA Model Policy 701 (Establishment and Adoption of School District Budget)

                                    MSBA/MASA Model Policy 806 (Crisis Management Policy)
 

Adopted: May 21, 2012

Revised: July 23, 2015

Reviewed: August 15, 2016



801 - EQUAL ACCESS TO SCHOOL FACILITIES

I. PURPOSE
The purpose of this policy is to implement the Equal Access Act by granting equal access to secondary school facilities for students who wish to conduct a meeting for religious, political, or philosophical purposes during non-instructional time.
 
II. GENERAL STATEMENT OF POLICY
A. The policy of this school district is not to deny equal access or a fair opportunity to, or to discriminate against, any students who wish to conduct a meeting, on the basis of the religious, political, philosophical, or other content of the speech at such meetings.
 
B. The school board has created a limited open forum for students enrolled in secondary schools during which non-curriculum-related student groups shall have equal access and a fair opportunity to conduct meetings during non-instructional time.
 
C. Student use of facilities under this policy does not imply school district sponsorship, approval, or advocacy of the content of the expression at such meetings.
 
D. The school district retains its authority to maintain order and discipline on school premises, to protect the well-being of students and faculty, and to assure that attendance of students at meetings is voluntary.
 
E. In adopting and implementing this equal access policy, the school district will NOT:
 
1. influence the form or content of any prayer or other religious activity;
 
2. require any person to participate in prayer or other religious activity;
 
3. expend public funds beyond the incidental cost of providing the space for student-initiated meetings;
 
4. compel any school agent or employee to attend a school meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee;
 
5. sanction meetings that are otherwise unlawful;
 
6. limit the rights of groups of students based on the size of the group;
 
7. abridge the constitutional rights of any person.
 
III. DEFINITIONS
 
A. “Limited open forum” means that the school grants an offering to or opportunity for one or more non-curriculum related student groups to meet on school premises during non-instructional time.
 
B. “Secondary school” means any school with enrollment of pupils ordinarily in grades 7 through 12 or any portion thereof.
 
C. “Sponsorship” includes the act of promoting, leading, or participating in a meeting. The assignment of a school employee for custodial, observation, or maintenance of order and discipline purposes does not constitute sponsorship of the meeting.
 
D. “Meeting” includes activities of student groups which are permitted under a limited open forum and are not directly related to the school curriculum. Distribution of literature does not constitute a meeting protected by the Equal Access Act.
 
E. “Non-instructional time” means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends, including such other periods that occur during the school day when no classroom instruction takes place.
 
IV. FAIR OPPORTUNITY CRITERIA
 
Secondary schools in this school district shall uniformly provide that:
 
A. A meeting held pursuant to this policy is voluntary and student-initiated;
 
B. There is no sponsorship of the meeting by the school or its agents or employees;
 
C. Employees or agents of the school are present at religious meetings only in a non-participatory capacity:
 
D. The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and
 
E. Non-school persons may not direct, control, or regularly attend activities of student groups.
 
V.  PROCEDURES
 
A. Any student who wishes to initiate a meeting under this policy shall apply to the principal of the building at least 48 hours in advance of the time of the activity or meeting. The student must agree to the following:
 
1. All activities or meetings must comply with existing policies, regulations, and procedures that govern operation of school-sponsored activities.
 
2. The activities or meetings are voluntary and student-initiated. The principal may require assurances of this fact.
 
B. Student groups meeting under this policy must comply with the following rules:
 
1.Those attending must not engage in any activity that is illegal, dangerous, or which materially and substantially interferes with the orderly conduct of the educational activities of the school. Such activities shall be grounds for discipline of an individual student and grounds for a particular group to be denied access.
 
2. The groups may not use the school name, school mascot name, school emblems, the school district name, or any name that might imply school or district sponsorship or affiliation in any activity, including fundraising and community involvement.
 
3. The groups must comply with school policies, regulations and procedures governing school-sponsored activities.
 
C. Students applying for use of school facilities under this policy must provide the following information to the principal: time and date of meeting, estimated number of students in attendance, and special equipment needs.
 
D. The building principal has responsibility to:
 
1. Keep a log of application information;
 
2. Find and assign a suitable room for the meeting or activity. The number of students in attendance will be limited to the safe capacity of the meeting space.
 
3. Note the condition of the facilities and equipment before and after use.
 
4. Assure proper supervision. Assignment of staff to be present in a supervisory capacity does not constitute school district sponsorship of the meeting or activity.
 
5. Assure that the meeting or activity does not interfere with the school’s regular instructional activities.
 
E. The school district shall not expend public funds for the benefit of students meeting pursuant to this policy beyond the incidental cost of providing space. The school district will provide no additional or special transportation.
 
F. Non-school persons may not direct, conduct, control, or regularly attend meetings and activities held pursuant to this policy.
 
G. School district employees or agents may not promote, lead, participate in, or otherwise sponsor meetings or activities held pursuant to this policy.
 
H. A copy of this policy and procedures shall be made available to each student who initiates a request to use school facilities.
 
 
Legal References: 
20 U.S.C. §§4071-74 (Equal Access Act)
20 U.S.C. § 7905 (Boy Scouts of America Equal Access Act)
Board of Educ. of Westside Community Schools v. Mergens, 496 U.S. 226, 1105 S.Ct. 2356 (1990)
Good News Club v. Milford Central School, 533 U.S. 98, 1215 S.Ct. 2093 (2001)
Child Evangelism Fellowship of Minnesota v. Elk River Area School Dist. 728, 599 F.Supp. 2d 1136 (D. Minn. 2009)
 
Cross References: 
MSBA/MASA Model Policy 902 (Use of School
District Facilities and Equipment)
MSBA Service Manual, Chapter 13, School
Law Bulletin “O” (Equal Access Act)
                                                                                                                                                      
 
Adopted: December 15, 2003
Revised: October 15, 2012

______________________________________________________________________________

Purpose, General Statement of Policy, Definitions, and Fair Opportunity Criteria reflect the language and requirements of the Equal Access Act and so should be adopted as written. School Boards have discretion to adopt reasonable procedures to implement the Act, however. We have provided a section on Procedures as a model.


802 - DISPOSITION OF OBSOLETE EQUIPMENT AND MATERIAL

I. PURPOSE
The purpose of this policy is to provide guidelines for the superintendent to assist in timely disposition of obsolete equipment and material.
 
II. GENERAL STATEMENT OF POLICY
 
Effective use of school building space, and consideration for safety of personnel, will at times require disposal of obsolete equipment and material.
 
III. DEFINITIONS
 
A. “Contract” means an agreement entered into by the school district for the sale of supplies, materials or equipment.
 
B. “Official newspaper” is a regular issue of a qualified legal newspaper.
 
IV. MANNER OF DISPOSITION
 
A. Authorization.
 
The superintendent shall be authorized to dispose of obsolete equipment and materials by selling it at a fair price consistent with the procedures outlined in this policy. Any sale exceeding the minimum amount for which bids are required must first be specifically authorized by the school board. The superintendent shall be authorized to properly dispose of used books, materials and equipment deemed to have little or no value.
 
B. Contracts Over $100,000.
 
1. If the value of the equipment or materials is estimated to exceed $100,000, sealed bids shall be solicited by two weeks’ published notice in the official newspaper. This notice shall state the time and place of receiving bids and contain a brief description of the subject matter. Additional publication in the official newspaper or elsewhere may be made as the school board shall deem necessary. 
 
2. The sale shall be awarded to the highest responsible bidder, be duly executed in writing, and be otherwise conditioned as required by law.
 
3. A record shall be kept of all bids, with names of bidders and amounts of bids, and an indication of the successful bid. A bid containing an alteration or erasure of any price contained in the bid which is used in determining the highest responsible bid shall be rejected unless the alteration or erasure is corrected by being crossed out and the correction printed in ink or typewritten adjacent thereto and initialed in ink by the person signing the bid.
 
4. In the case of identical high bids from two or more bidders, the school board may, at its discretion, utilize negotiated procurement methods with the tied high bidders so long as the price paid does not go below the high tied bid price. In the case where only a single bid is received, the school board may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as the price paid does not fall below the original bid. If no satisfactory bid is received, the board may re-advertise.
 
5. All bids obtained shall be kept on file for a period of at least one year after their receipt. Every contract made without compliance with the foregoing provisions shall be void.
 
6. Data submitted by a business to a school in response to a request for bids are private until opened. Once opened, the name of the bidder and the dollar amount specified become public; all other data are private until completion of the selection process, meaning the school has completed its evaluation and ranked the responses. After completion of the selection process, all data submitted by all bidders are public except trade secret data. If all responses are rejected prior to completion of the selection process, all data remain private, except the name of the bidder and the dollar amount specified which were made public at the bid opening for one year from the proposed opening date or until re-solicitation results in completion of the selection process or until a determination is made to abandon the purchase, whichever occurs sooner, at which point the remaining data becomes public. Data created or maintained by the school district as part of the selection or evaluation process are protected as nonpublic data until completion of the selection or evaluation process. At that time, the data are public with the exception of trade secret data.
 
C. Contracts From $25,000 to $100,000.
 
If the amount of the sale is estimated to exceed $25,000 but not to exceed $100,000, the contract may be made either upon sealed bids in the manner directed above or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding notice. All quotations obtained shall be kept on file for a period of at least one year after receipt.
 
D. Contracts $25,000 or Less.
 
If the amount of the sale is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the school board. The sale in the open market may be by auction. If the contract is made on quotation, it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after receipt.
 
E. Electronic Sale of Surplus Supplies, Materials, and Equipment
 
Notwithstanding the other procedural requirements of this policy, the school
district may contract to sell supplies, materials, and equipment which is surplus,
obsolete, or unused through an electronic selling process in which purchasers
compete to purchase the supplies, materials, or equipment at the highest purchase
price in an open and interactive environment.
 
F.Notice of Quotation.
 
Notice of procedures to receive quotations shall be given by publication or other means as appropriate to provide reasonable notice to the public.
 
G. Sales to Employees.
 
No officer or employee of the school district shall sell or procure for sale or possess or control for sale to any other officer or employee of the school district any property or materials owned by the school district unless the property and materials are not needed for public purposes and are sold to a school district employee after reasonable public notice, at a public auction or by sealed response, if the employee is not directly involved in the auction or sale process. Reasonable notice shall include at least one week’s published or posted notice. A school district employee may purchase no more than one motor vehicle from the school district in any 12-month period. This section shall not apply to the sale of property or materials acquired or produced by the school district for sale to the general public in the ordinary course of business. Nothing in this section shall prohibit an employee of the school district from selling or possessing for sale public property if the sale or possession for sale is in the ordinary course of business or the normal course of the employee’s duties.
 
H. Exceptions for Surplus School Computers.
 
A school district may bypass the requirements for competitive bidding and is not subject to any other laws relating to school district contracts if it is disposing of surplus school computer and related equipment by conveying the property and title to:
 
1. another school district;
 
2. the state department of corrections;
 
3. the board of trustees of Minnesota State Colleges and Universities; or
 
4. the family of a student residing in the district whose total family income meets the federal definition of poverty.
 
Legal References: 
Minn. Stat. § 13.591 (Business Data)
Minn. Stat. § 15.054 (Public Employees Not to Purchase Merchandise From Governmental Agencies; Exceptions; Penalty)
Minn. Stat. § 123B.29 (Sale of School Building at Auction)
Minn. Stat. § 123B.52 (Contracts)
Minn. Stat. § 471.345 (Uniform Municipal Contracting Law)
Minn. Stat. § 645.11 (Published Notice)
                            
Cross References: 
MSBA Service Manual, Chapter 13, School Law Bulletin “F” (School District Contract and Bidding Procedures)

Adopted: December 15, 2003
Revised: October 15, 2012


805 - WASTE REDUCTION AND RECYCLING

I. PURPOSE
 
The purpose of this policy is to establish a resource recovery program to promote the reduction of waste, the separation and recovery of recyclable and reusable commodities, the procurement of recyclable commodities and commodities containing recycled materials, the disposition of waste materials and surplus property and the establishment of a program of education to develop an awareness of environmentally sound waste management. (Minn. Stat. § 115A.15, Subd. 1)
 
II. GENERAL STATEMENT OF POLICY
 
It is the policy of the school district to comply with all state laws relating to waste management and to make resource conservation an integral part of the physical operations and curriculum of the school district.
 
III. DEFINITIONS
 
A. “Lamp recycling facility” means a facility operated to remove, recover, and recycle for reuse mercury or other hazardous materials from fluorescent or high intensity discharge lamps. (Minn. Stat. § 116.93, Subd. 1)
 
B. “Mixed municipal solid waste” means garbage, refuse, and other solid waste that is aggregated for collection but does not include auto hulks, street sweepings, ash, construction debris, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters and other materials collected, processed, and disposed of as separate waste materials. (Minn. Stat. § 115A.03, Subd. 21)
 
C. “Packaging” means a container and any appurtenant material that provide a means of transporting, marketing, protecting, or handling a product and includes pallets and packing such as blocking, bracing, cushioning, weatherproofing, strapping, coatings, closures, inks, dyes, pigments, and labels. (Minn. Stat. § 115A.03, Subd. 22b)
 
D. “Postconsumer materials” means a finished material that would normally be discarded as a solid waste having completed its life cycle as a consumer item. (Minn. Stat. § 115A.03, Subd. 24b)
 
E. “Rechargeable battery” means a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, except certain dry cell batteries or a battery exempted by the Commissioner of the Pollution Control Agency (PCA) (Commissioner). (Minn. Stat. § 115A.9157)
 
F. “Recyclable commodities” means materials, pieces of equipment, and parts which are not reusable but which contain recoverable resources. (Minn. Stat. § 115A.15, Subd. 1a(a))
 
G. “Recyclable materials” means materials that are separated from mixed municipalsolid waste for the purpose of recycling or composting, including paper, glass, plastics, metals, automobile oil, batteries and source-separated compostable materials. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material. (Minn. Stat. § 115A.03, Subd. 25a)
 
H. “Recycling” means the process of collecting and preparing recyclable materials and reusing the materials in their original form that do not cause the destruction of recyclable materials in a manner that precludes further use. (Minn. Stat. § 115A.03, Subd. 25b)
 
I. “Resource conservation” means the reduction in the use of water, energy and raw materials. (Minn. Stat. § 115A.03, Subd. 26a)
 
J. “Reusable commodities” means materials, pieces of equipment, parts, and used supplies which can be reused for their original purpose in their existing condition. (Minn. Stat. § 115A.15, Subd. 1a(b))
 
K. “Source-separated compostable materials” means mixed solid waste that:
 
1. are separated at the source by waste generators for the purpose of preparing it for use as compost;
 
2. are collected separately from mixed municipal solid wastes and are governed by state licensing provisions;
 
3. are comprised of food wastes, fish and animal waste, plant materials, diapers, sanitary products, and paper that is not recyclable because the Commissioner has determined that no other person is willing to accept the paper for recycling;
 
4. are delivered to a facility to undergo controlled microbial degradation to yield a humus-like product meeting the  PCA’s class I or class II, or equivalent, compost standards and where process residues do not exceed 15 percent by weight of the total material delivered to the facility; and
 
5. may be delivered to a transfer station, mixed municipal solid waste processing facility, or recycling facility only for the purposes of composting or transfer to a composting facility, unless the Commissioner determines that no other person is willing to accept the materials.
 (Minn. Stat. § 115A.03, Subd. 32a)
 
L. “Waste reduction” or “source reduction”means an activity that prevents generation of waste or the inclusion of toxic materials in waste, including:
 
1. reusing the product in its original form;
 
2. increasing the life span of a product;
 
3. reducing material or the toxicity of material used in production or packaging; or
 
4. changing procurement, consumption, or waste generation habits to result in smaller quantities or lower toxicity of waste generated. 
(Minn. Stat. § 115A.03, Subd. 36b)
 
IV. WASTE DISPOSAL
 
A. The school district will attempt to decrease the amount of waste consumable materials by:
 
1.reduction of the consumption of consumable materials whenever practicable;
 
2. full utilization of materials prior to disposal;
 
3. minimization of the use of non-biodegradable products whenever practicable.
 
B. Each school district facility will have containers for at least three of the following recyclable materials: paper, glass, plastic and metal. 
(Minn. Stat. § 115A.151)
 
C. The school district will transfer all recyclable materials collected to a recycler and, to the extent practicable, cooperate with, and participate in, recycling efforts being made by the city and/or county where the school district is located. 
(Minn. Stat. § 115A.151)
 
D. Prior to entering into a contract for the management of mixed solid waste, the school district will determine whether the disposal method provided for in the contract is equal to or better than the waste management practices currently employed in the county or district plan in the county where the school district is located and whether the contract is consistent with the solid waste plan. If the waste management method provided for in the contract is ranked lower than the waste management practices employed by the county or district, the school district will:
 
1. determine the potential liability to the school district and its taxpayers for managing waste in this manner;
 
2. develop and implement a plan for managing the potential liability; and
 
3. submit the information in (1) and (2) above to the Pollution Control Agency.
 
If the contract is inconsistent with the county plan or if the school district’s waste management activities are inconsistent with the county plan, the school district should obtain the consent of the district prior to entering into a binding contract or developing or implementing inconsistent solid waste management activities. 
(Minn. Stat. § 115A.46, Subd. 5; Minn. Stat. § 115A.471; Minn. Stat. § 458D.07, Subd. 4)
 
E. The school district may not knowingly place motor oil, brake fluid, power steering fluid, transmission fluid, motor oil filters, or motor vehicle antifreeze (other than small amounts of antifreeze contained in water used to flush the cooling system of a vehicle after the antifreeze has been drained and does not include de-icer that has been used on the exterior of a vehicle) in or on:
 
1. Solid waste or solid waste management facilities other than a recycling facility or household hazardous waste collection facility;
 
2. the land unless approved by the Pollution Control Agency; or
 
3. the waters of the state, an individual sewage treatment system, or in a storm water or waste water collection or treatment system unless:
 
a. permitted to do so by the operator of the system and the Pollution Control Agency;
 
b. the school district generates an annual average of less than 50 gallons of waste motor vehicle antifreeze per month; and
 
c. the school district keeps records of the amount of waste antifreeze generated, maintains these records on site and makes the records available for inspection for a minimum of three years following generation of the waste antifreeze.
(Minn. Stat. § 115A.916)
 
F. The school district may not place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical or scientific instrument, fluorescent or high-intensity discharge lamp, electric relay, or other electrical device from which the mercury has not been removed for reuse or recycling:
 
1.    in solid waste; or
 
2.    in a wastewater disposal system.
(Minn. Stat. § 115A.932, Subd. 1(a))
 
G. The school district may not knowingly place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical or scientific instrument, fluorescent or high-intensity discharge lamp, electric relay, or other electrical device from which the mercury has not been removed for reuse or recycling:
 
1.    in a solid waste processing facility; or
 
2. in a solid waste disposal facility.
(Minn. Stat. § 115A.932, Subd. 1(b))
 
H. The school district will recycle a fluorescent or high-intensity discharge lamp by delivery of the lamp to a lamp recycling facility or to a facility that collects and stores lamps for the purpose of delivering them to a lamp recycling facility, including, but not limited to, a household hazardous waste collection or recycling facility, retailer take-back and utility provider program sites, or other sites designated by an electric utility under Minn. Stat. § 216B.241, Subds. 2 and 4. (Minn. Stat. § 115A.932, Subd. 1(c))
 
I.    The school district may not place a lead acid battery in mixed municipal solid waste or dispose of a lead acid battery. The school district also may not place in mixed municipal solid waste a dry cell battery containing mercuric oxide electrode, silver oxide electrode, nickel-cadmium, or sealed lead-acid that was purchased for use or used by the school district. The school district also may not place in mixed municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack, from which all batteries or battery packs have not been removed. (Minn. Stat. § 115A.915; Minn. Stat. § 115A.9155, Subd. 1; Minn. Stat. § 115A.9157, Subd. 2)
 
J. The school district may not place yard waste:
1.    in mixed municipal solid waste;
 
2.    in a disposal facility;
 
3.    in a resource recovery facility, except for the purposes of reuse, composting, or cocomposting; or
 
4.    in a plastic bag unless exempt as specified in Minn. Stat. § 115A.931(c), (d), or (e). (Minn. Stat. § 115A.931)
 
K. The school district may not place a telephone directory:
 
1.    in solid waste;
 
2.    in a disposal facility; or
 
3.    in a resource recovery facility, except a recycling facility.
(Minn. Stat. § 115A.951, Subd. 2)
 
L. The school district may not:
 
1.    place major appliances in mixed municipal solid waste; or
 
2. dispose of major appliances in or on the land or in a solid waste processing or disposal facility.
(Minn. Stat. § 115A.9561)
 
M. The school district may not place in mixed municipal solid waste an electronic product containing a cathode-ray tube. (Minn. Stat. § 115A.9565)
 
N. The school district, on its own or in cooperation with others, may implement a program to collect, process, or dispose of household batteries. The school district may provide financial incentives to any person, including public or private civic groups, to collect the batteries. (Minn. Stat. § 115A.961, Subd. 3)
 
V.  PROCUREMENT OF RECYCLED COMMODITIES AND MATERIALS
 
A. When practicable and when the price of recycled materials does not exceed the price of nonrecycled materials by more than ten percent, the school district may purchase recycled materials. In order to maximize the quantity and quality of recycled materials purchased, the school district may also use other appropriate procedures to acquire recycled materials at the most economical cost to the school district. (Minn. Stat. § 16B.122, Subd.3a)
 
B.    When purchasing commodities and services, the school district will apply and promote waste management practices with special emphasis on the reduction of the quantity and toxicity of materials in waste. (Minn. Stat. § 16B.122, Subd. 3b)
 
C. Whenever practicable, the school district will:
 
1. purchase uncoated office paper and printing paper unless the coated paper is made with at least 50 percent postconsumer material;
 
2. purchase recycled content paper with at least ten percent postconsumer material by weight;
 
3. purchase paper which has not been dyed with colors, excluding pastel colors;
 
4. purchase recycled content paper that is manufactured using little or no chlorine bleach or chlorine derivatives;
 
5. use no more than two colored inks, standard or processed, except in formats where they are necessary to convey meaning;
 
6. use reusable binding materials or staples and bind documents by methods that do not use glue;
 
7. use soy-based inks;
 
8. produce reports, publications and periodicals that are readily recyclable;
 
9. print documents on both sides of the paper where commonly accepted publishing practices allow; and
 
10. purchase copier paper that contains at least ten percent post-consumer material by fiber content. 
(Minn. Stat. § 16B.122, Subd. 2)
 
D. After July 1, 1998, the school district may not use a specified product included on the prohibited products list published in the State Register. (Minn. Stat. § 115A.9651)
 
E. In developing bid specifications, the school district will consider the extent to which a commodity or product is durable, reusable or recyclable, and marketable through applicable local or regional recycling programs and the extent to which the commodity or product contains postconsumer material. (Minn. Stat. § 16B.122, Subd. 3b)
 
F. When a project involves the replacement of carpeting, the school district may require all persons who wish to bid on the project to designate a carpet recycling company in their bids. (Minn. Stat. § 16B.122, Subd. 3b)
 
VI. OTHER
 
It is the policy of the school district to actively advocate, where appropriate, for resource conservation practices to be adopted at the local, regional and state levels.
 
Legal References: 
Minn. Stat. § 16B.122 (Purchase and Use of Paper Stock; Printing)
Minn. Stat. § 115A.03 (Definitions)
Minn. Stat. § 115A.15 (State Government Resource Recovery)
Minn. Stat. § 115A.151 (State and Local Facilities)
Minn. Stat. § 115A.46 (Requirements)
Minn. Stat. § 115A.471 (Public Entities; Management of Solid Waste)
Minn. Stat. § 115A.915 (Lead Acid Batteries; Land Disposal Prohibited)
Minn. Stat. § 115A.9155 (Disposal of Certain Dry Cell Batteries)
Minn. Stat. § 115A.9157 (Rechargeable Batteries and Products)
Minn. Stat. § 115A.916 (Motor Vehicle Fluids and Filters; Prohibitions)
Minn. Stat. § 115A.931 (Yard Waste Prohibition)
Minn. Stat. § 115A.932 (Mercury Prohibition)
Minn. Stat. § 115A.951 (Telephone Directories)
Minn. Stat. § 115A.9561 (Major Appliances) Minn. Stat. § 115A.9565 (Cathode-Ray Tube Prohibition)
Minn. Stat. § 115A.961, Subd. 3 (Household Batteries; Collection, Processing, and Disposal)
Minn. Stat. § 115A.9651 (Toxics in Specified Products, Enforcement)
Minn. Stat. § 116.93, Subd. 1 (Lamp Recycling Facilities)
Minn. Stat. § 216B.241, Subds. 2 and 4 (Energy Conservation Improvement)
Minn. Stat. § 458D.07 (Sewage Collection and Disposal)
National Solid Waste Management Ass’n v. Williams, et al., 966 F.Supp. 844 (D. Minn. 1997)
 
Cross References: 
 
Adopted: December 15, 2003
Revised: October 15, 2012


806 - CRISIS MANAGEMENT POLICY

I. PURPOSE
 
The purpose of this Model Crisis Management Policy is to act as a guide for school district and building administrators, school employees, students, school board members, and community members to address a wide range of potential crisis situations in the school district. For purposes of this Policy, the term, “school districts,” shall include charter schools. The step-by-step procedures suggested by this Policy will provide guidance to each school building in drafting crisis management plans to coordinate protective actions prior to, during, and after any type of emergency or potential crisis situation. Each school district should develop tailored building-specific crisis management plans for each school building in the school district, and sections or procedures may be added or deleted in those crisis management plans based on building needs.
 
The school district will, to the extent possible, engage in ongoing emergency planning within the school district and with first responders and other relevant community organizations. The school district will ensure that relevant first responders in the community have access to their building-specific crisis management plans and will provide training to school district staff to enable them to act appropriately in the event of a crisis.
 
II. GENERAL INFORMATION
 
A. The Policy and Plans
 
The school district’s Crisis Management Policy has been created in consultation with local community response agencies and other appropriate individuals and groups that would likely be involved in the event of a school emergency. It is designed so that each building administrator can tailor a building-specific crisis management plan to meet that building’s specific situation and needs.
 
The school district’s administration and/or the administration of each building shall present tailored building-specific crisis management plans to the school board for review and approval. The building-specific crisis management plans will include general crisis procedures and crisis-specific procedures. Upon approval by the school board, such crisis management plans shall be an addendum to this Crisis Management Policy. This Policy and the plans will be maintained and updated on an annual basis.
 
B. Elements of the District Crisis Management Policy
 
1. General Crisis Procedures. The Crisis Management Policy includes general crisis procedures for securing buildings, classroom evacuation, building evacuation, campus evacuation, and sheltering. The Policy designates the individual(s) who will determine when these actions will be taken. These district-wide procedures may be modified by building administrators when creating their building-specific crisis management plans. A communication system will be in place to enable the designated individual to be contacted at all times in the event of a potential crisis, setting forth the method to contact the designated individual, the provision of at least two designees when the contact person is unavailable, and the method to convey contact information to the appropriate staff persons. The alternative designees may include members of the emergency response team. A secondary method of communication should be included in the plan for use when the primary method of communication is inoperable. Each building in the school district will have access to a copy of the Emergency Planning and Procedures Guide for Schools to assist in the development of building-specific crisis management plans. Finally, all general crisis procedures will address specific procedures for children with special needs such as physical, sensory, motor, developmental, and mental health challenges.
 
a. Lock-Down Procedures. Lock-down procedures will be used in situations where harm may result to persons inside the school building, such as a shooting, hostage incident, intruder, trespass, disturbance, or when determined to be necessary by the building administrator or his or her designee. The building administrator or designee will announce the lock-down over the public address system or other designated system. Code words will not be used.  Provisions for emergency evacuation will be maintained even in the event of a lock-down. Each building administrator will submit lock-down procedures for their building as part of the building-specific crisis management plan.
 
b. Evacuation Procedures. Evacuations of classrooms and buildingsshall be implemented at the discretion of the building administrator or his or her designee. Each building’s crisis management plan will include procedures for transporting students and staff a safe distance from harm to a designated safe area until released by the building administrator or designee. Safe areas may change based upon the specific emergency situation. The evacuation procedures should include specific procedures for children with special needs, including children with limited mobility (wheelchairs, braces, crutches, etc.), visual impairments, hearing impairments, and other sensory, developmental, or mental health needs. The evacuation procedures should also address transporting necessary medications for students that take medications during the school day.
 
c. Sheltering Procedures. Sheltering provides refuge for students, staff, and visitors within the school building during an emergency. Shelters are safe areas that maximize the safety of inhabitants. Safe areas may change based upon the specific emergency. The building administrator or his or her designee will announce the need for sheltering over the public address system or other designated system. Each building administrator will submit sheltering procedures for his or her building as part of the building-specific crisis management plan.
 
2. Crisis-Specific Procedures. The Crisis Management Policy includes crisis-specific procedures for crisis situations that may occur during the school day or at school-sponsored events and functions. These district-wide procedures are designed to enable building administrators to tailor response procedures when creating building-specific crisis management plans.
 
3. School Emergency Response Teams
 
a. Composition. The building administrator in each school building will select a school emergency response team that will be trained to respond to emergency situations. All school emergency response team members will receive on-going training to carry out the building’s crisis management plans and will have knowledge of procedures, evacuation routes, and safe areas. For purposes of student safety and accountability, to the extent possible, school emergency response team members will not have direct responsibility for the supervision of students. Team members must be willing to be actively involved in the resolution of crises and be available to assist in any crisis situation as deemed necessary by the building administrator. Each building will maintain a current list of school emergency response team members which will be updated annually. The building administrator, and his or her alternative designees, will know the location of that list in the event of a school emergency. A copy of the list will be kept on file in the school district office, or in a secondary location in single building school districts.
 
b.    Leaders. The building administrator or his or her designee will serve as the leader of the school emergency response team and will be the primary contact for emergency response officials. In the event the primary designee is unavailable, the designee list should include more than one alternative designee and may include members of the emergency response team. When emergency response officials are present, they may elect to take command and control of the crisis. It is critical in this situation that school officials assume a resource role and be available as necessary to emergency response officials.
 
III.  PREPARATION BEFORE AN EMERGENCY
 
A. Communication
 
1. District Employees. Teachers generally have the most direct contact with students on a day-to-day basis. As a result, they must be aware of their role in responding to crisis situations. This also applies to non-teaching school personnel who have direct contact with students. All staff shall be aware of the school district’s Crisis Management Policy and their own building’s crisis management plan. Each school’s building-specific crisis management plan shall include the method and dates of dissemination of the plan to its staff. Employees will receive a copy of the relevant building-specific crisis management plans and shall receive periodic training on plan implementation.
 
2. Students and Parents. Students and parents shall be made aware of the school district’s Crisis Management Policy and relevant tailored crisis management plans for each school building. Each school district’s building-specific crisis management plan shall set forth how students and parents are made aware of the district and school-specific plans. Students shall receive specific instruction on plan implementation and shall participate in a required number of drills and practice sessions throughout the school year.
 
B. Planning and Preparing for Fire
 
1. Designate a safe area at least 50 feet away from the building to enable students and staff to evacuate. The safe area should not interfere with emergency responders or responding vehicles and should not be in an area where evacuated persons are exposed to any products of combustion.
 
2. Each building’s facility diagram and site plan shall be available in appropriate areas of the building and shall identify the most direct evacuation routes to the designated safe areas both inside and outside of the building. The facility diagram and site plan must identify the location of the fire alarm control panel, fire alarms, fire extinguishers, hoses, water spigots, and utility shut offs.
 
3. Teachers and staff will receive training on the location of the primary emergency evacuation routes and alternate routes from various points in the building. During fire drills, students and staff will practice evacuations using primary evacuation routes and alternate routes.
 
4. Certain employees, such as those who work in hazardous areas in the building, will receive training on the locations and proper use of fire extinguishers and protective clothing and equipment.
 
5. Fire drills will be conducted periodically without warning at various times of the day and under different circumstances, e.g., lunchtime, recess, and during assemblies. State law requires a minimum of five fire drills each school year, consistent with Minn. Stat. § 299F.30. See Minn. Stat. § 121A.035.
 
6. A record of fire drills conducted at the building will be maintained in the building administrator’s office.
 
7. The school district will have prearranged sites for emergency sheltering and transportation as needed.
 
8. The school district will determine which staff will remain in the building to perform essential functions if safe to do so (e.g., switchboard, building engineer, etc.). The school district also will designate an administrator or his or her designee to meet local fire or law enforcement agents upon their arrival.
 
C. Facility Diagrams and Site Plans
 
All school buildings will have a facility diagram and site plan that includes the location of primary and secondary evacuation routes, exits, designated safe areas inside and outside of the building, and the location of fire alarm control panel, fire alarms, fire extinguishers, hoses, water spigots, and utility shut offs. All facility diagrams and site plans will be regularly updated and whenever a major change is made to a building. Facility diagrams and site plans will be maintained by the building administrator and on file in the school district office. Facility diagrams and site plans will be provided to first responders, such as fire and law enforcement personnel.
 
D. Emergency Telephone Numbers
 
Each building will maintain a current list of emergency telephone numbers and the names and addresses of local, county, and state personnel who may be involved in a crisis situation. The list will include telephone numbers for local police, fire, ambulance, hospital, the Poison Control Center, county and state emergency management agencies, local public works departments, local utility companies, the public health nurse, mental health/suicide hotlines, and the county welfare agency. A copy of this list will be kept on file in the school district office, or at a secondary location for single building school districts, and updated annually.
School district employees will receive training on how to make emergency contacts, including 911 calls, when the school district’s main telephone number and location is electronically conveyed to emergency personnel instead of the specific building in need of emergency services.
School district plans will set forth a process to internally communicate an emergency, using telephones in classrooms, intercom systems, or two-way radios, as well as the procedure to enable the staff to rapidly convey emergency information to a building designee. Each plan will identify a primary and secondary method of communication for both internal and secondary use. It is recommended that the plan include several methods of communication because computers, intercoms, telephones, and cell phones may not be operational or may be dangerous to use during an emergency.
 
E. Warning Systems
 
The school district shall maintain a warning system designed to inform students, staff, and visitors of a crisis or emergency. This system shall be maintained on a regular basis under the maintenance plan for all school buildings.
 
It shall be the responsibility of the building administrator to inform students and employees of the warning system and the means by which the system is used to identify a specific crisis or emergency situation. Each school’s building-specific crisis management plan will include the method and frequency of dissemination of the warning system information to students and employees.
 
F. Early School Closure Procedures
 
The superintendent will make decisions about
closing school or buildings as early in the day
as possible. The early school closure
procedures will set forth the criteria for early
school closure (e.g., weather-related, utility
failure, or a crisis situation), will specify how
closure decisions will be communicated to
staff, students, families, and the school
community (designated broadcast media, local
authorities, e-mail, or district or school
building web sites), and will discuss the
factors to be considered in closing and
reopening a school or building.
 
Early school closure procedures also will
include a reminder to parents and guardians to
listen to designated local radio and TV
stations for school closing announcements,
where possible.
 
G. Media Procedures
The superintendent has the authority and
discretion to notify parents or guardians and
the school community in the event of a crisis
or early school closure. The superintendent
will designate a spokesperson who will notify
the media in the event of a crisis or early
school closure. The spokesperson shall
receive training to ensure that the district is in
strict compliance with federal and state law
relative to the release of private data when
conveying information to the media.
 
H. Grief-Counseling Procedures
 
Grief-counseling procedures will set forth the
procedure for initiating grief-counseling plans.
The procedures will utilize available resources
including the school psychologist, counselor,
community grief counselors, or others in the
community. Grief-counseling procedures will be
used whenever the superintendent or the
building administrator determines it to be
necessary, such as after an assault, a
hostage situation, shooting, or suicide. The
grief-counseling procedures shall include the
following steps:
 
1. Administrator will meet with relevant
persons, including school psychologists and
counselors, to determine the level of
intervention needed for students and staff.
 
2. Designate specific rooms as private
counseling areas.
 
3. Escort siblings and close friends of any
victims as well as others in need of emotional
support to the counseling areas.
 
4. Prohibit media from interviewing or
questioning students or staff.
 
5. Provide follow-up services to students and
staff who receive counseling.
 
6.    Resume normal school routines as soon as
possible.
      
IV. SAMPLE PROCEDURES INCLUDED IN THIS POLICY
 
Sample procedures for the various hazards/emergencies listed below are attached to this Policy for use when drafting specific crisis management plans. After approval by the school board, an adopted procedure will become an addendum to the Crisis Management Policy.
 
A. Fire
 
B. Hazardous Materials
 
C. Severe Weather: Tornado/Severe Thunderstorm/Flooding
 
D. Medical Emergency
 
E. Fight/Disturbance
 
F. Assault
 
G. Intruder
 
H. Weapons
 
I. Shooting
 
J. Hostage
 
K. Bomb Threat
 
L. Chemical or Biological Threat
 
M. Checklist for Telephone Threats
 
N. Demonstration
 
O. Suicide
 
P. Lock-down Procedures
 
Q. Shelter-In-Place Procedures
 
R. Evacuation/Relocation
 
S. Media Procedures
 
T. Post-Crisis Procedures
 
U.   School Emergency Response Team
 
V. Emergency Phone Numbers
 
W. Highly Contagious Serious Illness or Pandemic Flu
 
V. MISCELLANEOUS PROCEDURES
 
A. Chemical Accidents
 
Procedures for reporting chemical accidents
shall be posted at key locations such as
chemistry labs, art rooms, swimming pool
areas, and janitorial closets.
 
B. Visitors
 
The school district shall implement procedures mandating visitor sign in and visitors in school buildings. See MSBA/MASA Model Policy 903 (Visitors to School District Buildings and Sites).
 
The school district shall implement procedures to minimize outside entry into school buildings except at designated check-in points and assure that all doors are locked prior to and after regular building hours.
 
C. Student Victims of Criminal Offenses at or on School Property
 
The school district shall establish procedures allowing student victims of criminal offenses on school property the opportunity to transfer to another school within the school district
 
Radiological Emergencies at Nuclear Generating Plants [OPTIONAL]
 
School districts within a ten (10) mile radius of the Monticello or Prairie Island nuclear power plants will implement crisis plans in the event of an accident or incident at the power plant.
 
Questions relative to the creation or implementation of such plans will be directed to the Minnesota Department of Public Safety.
 
Legal References: 
Minn. Stat. Ch. 12 (Emergency Management)
Minn. Stat. § 121A.035 (Crisis Management Policy)
Minn. Stat. § 121A.06 (Reports of Dangerous Weapon Incidents in School Zones)
Minn. Stat. § 299F.30 (Fire Drill in School)
Minn. Stat. § 609.605, Subd. 4 (Trespasses on School Property)
Minn. Rules Ch. 7511 (Fire Safety)
20 U.S.C. § 1681, et seq. (Title IX)
20 U.S.C. § 6301, et seq. (No Child Left Behind)
20 U.S.C. § 7912 (Unsafe School Choice Option)
42 U.S.C. § 5121 et seq. (Disaster Relief and Emergency Assistance)
 
Cross References: 
MSBA/MASA Model Policy 407 (Employee Right to Know – Exposure to Hazardous Substances
MSBA/MASA Model Policy 413 (Harassment and Violence)
MSBA/MASA Model Policy 501 (School Weapons Policy)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 532 (Use of Peace Officers and Crisis Teams to Remove Students with IEPs from School Grounds)
MSBA/MASA Model Policy 903 (Visitors to School District Buildings and Sites)

Adopted: January 16, 1997
Revised: October 15, 2012


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