3000 Business and Noninstructional Operations
BP 3000 CONCEPTS AND ROLES
The School Board recognizes that fiscal resources and fiscal management comprise the foundational support of the entire school program. To make that support as effective as possible, the School Board intends to:
- encourage advance planning through the best possible budget procedures
- explore practical sources of revenue
- guide the expenditure of funds so as to derive the greatest possible educational returns.
- expect sound fiscal management from the administration
- advocate a level of per student funding sufficient to provide quality education
The School Board desires to support the educational program with high standards of safety in the operation and maintenance of school facilities, equipment and services.
Role of The School Board
The School Board:
- solicits public input on educational needs and utilizes that information in making budget decisions.
- approves and adopts the annual budget and approves budget transfers.
- is accountable for all district funds.
- adopts written policies governing the purchase of supplies and equipment.
- monitors all expenditures by receiving statements and approving payments.
- Receives and reviews the annual audit of district accounts and business procedures.
- Provides for an insurance program which complies with law and reflects prudent financial management.
- provides for long-range plans to acquire or dispose of sites and to add, maintain and staff new facilities.
- advocates and secures community support for additional financing when necessary.
Role of Superintendent or Designee
The Superintendent or designee:
- prepares the detailed annual budget and presents it to the School Board for adoption.
- administers the budget and keeps expenditures within approved limits.
- enforces requisition and purchase order policies and regulations.
- establishes control/inventory systems to account for district funds, supplies and equipment in accordance with law and School Board policy.
- makes all financial reports required by law or School Board policy and prepares reports for public release.
- analyzes the district's financial condition and presents the School Board with proposals for meeting financial needs including budget revisions.
- provides for the annual audit of district accounts and business procedures.
- helps the School Board to establish an adequate insurance program.
- maintains the district's noninstructional and business operations.
Working Relationships of the School Board and Superintendent or Designee
The Superintendent or designee shall recommend financial plans to the School Board in accordance
with the district's mission, vision, strategic goals and objectives. The Superintendent shall recommend financial plans and options whenever district programs may be endangered by a lack of funds or when the continuation of district programs may result in an over expenditure of district funds.
The School Board desires complete information from the Superintendent or designee on all matters relating to the district's financial operations. The School Board shall closely monitor all district financial operations so that it may fully discharge its legal responsibilities with regard to school finance. The School Board will work with the Superintendent to determine the timing and format of certain financial reports, so information is useful in decision making.
(cf. 3460 - Financial Reports and Accountability)
Legal Reference:
ALASKA STATUTES
14.08.101 Powers (Regional School Boards)
14.14.090 Additional duties Revised 10/2021
9/92
Adopted: 2/21/2023
Yukon Flats School District
BP 3100 BUDGET
The School Board shall establish and maintain a balanced budget. The School Board shall adopt an annual budget which is compatible with the district’s mission, vision, strategic plan, and Board goals and objectives.
(cf. 0200 - Goals for the School District)
(cf. 3460 - Financial Reports and Accountability)
The district budget shall be prepared annually from the best possible estimates of revenues and expenditures. The Superintendent or designee shall determine the manner in which the budget shall be prepared and shall schedule the budget adoption process in accordance with legal time requirements. The Board shall take public input prior to the adoption of the budget or a revised budget. A public hearing shall be held prior to the adoption of the budget or a revised budget.
Public input early in the budget preparation process is encouraged. A budget advisory committee, composed of members of the community and staff, which shall review the proposed budget at regular intervals during its preparation and shall report its findings and recommendations to the School Board, is recommended.
(cf. 1220 - Citizen Advisory Committees)
Legal Reference:
ALASKA STATUTES
14.17.300 - 14.17.990 Financing of public schools
ALASKA ADMINISTRATIVE CODE
4 AAC 09.006 - 4 AAC 09.050 State Aid
4 AAC 09.110 - 4 AAC 09.990 School Operating Fund
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
AR 3100 BUDGET
Public Hearing and Availability of Proposed Budget
The proposed budget, showing expenditures, cash balances and all revenues, shall be made available for public inspection before the public hearing date.
The Board shall hold a public hearing on the proposed budget for the purpose of permitting any district resident to appear and speak to the budget or any item on the budget.
Adoption of the Budget
The adoption of the budget shall not take place until the public hearing is concluded. The district budget shall conform to state regulations regarding form and content.
By May 1, or at an earlier date if required by local ordinance, the Board shall adopt and submit an annual budget to the borough assembly/city council for approval of the local contribution of revenue to the school district. If budget revisions are necessary based on the amount of local contribution to the schools approved by the borough assembly/city council, enrollment changes, or other budget change, the Board shall conduct a public hearing prior to adopting a revised budget. (A.S.
14.14.060/14.14.065)
By July 15, the adopted budget shall be submitted to the state department of education for approval. The state commissioner may reject the district budget if it is not in the form required by the state, is not balanced, does not meet local effort requirements of law, or does not otherwise meet the requirements of AS 14.17.910. If rejected by the state, the district is not eligible for state aid under AS 14.09 or AS
14.17 until the district has submitted a revised budget that has been approved by the department. If the budget contains a prior year fund balance as revenue, the budget shall be revised and resubmitted if the annual audit shows the fund balance to be less than projected. (4 AAC 09.110/09.120/09.130)
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3110 TRANSFER OF FUNDS
The School Board recognizes that the transfer of funds between budget categories may be necessary in order to ensure that the district maintains a balanced budget. The Superintendent or designee may authorize budget transfers under $300,000. All transfers shall be reported to the School Board and are subject to School Board approval.
Legal Reference:
ALASKA STATUTES
14.08.101 Powers (Regional school boards)
14.14.060 Relationship between borough school district and borough
14.14.065 Relationship between city school district and city Revised 1/09
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3200 REVENUE
Effective district planning depends upon accurate projection and calculation of anticipated district revenue. The Superintendent or designee shall ensure that all revenue sources are identified and received as early as possible each year.
Note: A.S. 14.07.070 provides that state funds may not be paid to a district or teacher who fails to comply with state school laws and regulations.
Legal Reference:
ALASKA STATUTES
14.07.070 Withholding state funds
14.17.080 Student count estimates
14.17.082 Fund balance in school operating fund
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3260 MATERIALS FEES
The School Board will make every effort to provide the resources needed to maintain the desired instructional program so that teachers, students, and parents/guardians do not feel compelled to provide such items and school fund raising activities are minimized. The sale of any school supplies or materials must be authorized by the Superintendent or designee.
(cf. 1321 - Soliciting Funds from and by Students)
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3270 SALE AND DISPOSAL OF BOOKS, EQUIPMENT AND SUPPLIES (Personal Property)
The School Board recognizes that the district may own personal property which is unusable, obsolete, or no longer needed by the district and that the disposal of such property may be in the best interests of the district.
The Superintendent or designee shall identify to the School Board all inventoried personal property not needed by the district, together with the estimated value and recommended disposition. With School Board approval, the Superintendent or designee shall arrange for the sale or disposal of district personal property in accordance with state and federal law.
Disposal of items with an estimated value of less than $5,000 will be left to the discretion of the Superintendent or designee.
(cf. 3440 - Inventories)
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3280 SALE OR LEASE OF SCHOOL FACILITIES OR REAL PROPERTY
The School Board shall dispose of, or recommend to the municipality, borough, or state the disposal of, school facilities or real property whenever it is apparent the district will have no future use for it. If unused property will be needed at some future time, the School Board may lease, or recommend to the municipality, borough, or state the lease of, such property. Any sale or lease of school facilities or real property will conform to the provisions of law.
(cf. 1330 - Use of School Facilities)
The School Board encourages public participation in the determination of school facility needs.
(cf. 1220 - Citizen Advisory Committees)
Legal Reference:
ALASKA STATUTES
ALASKA ADMINISTRATIVE CODE
4 AAC 32.085 Disposal of abandoned or obsolete property
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3290 GIFTS, GRANTS AND BEQUESTS
The School Board greatly appreciates the support of community members and may accept suitable donations on behalf of the district. All donations greater than $1,000 shall be brought before the Board. The Superintendent or designee may apply for special revenue grants.
To be acceptable, a gift, grant, or bequest must satisfy the following criteria:
- not begin a program which the School Board would be unable to continue when the donated funds are exhausted.
- not entail undesirable or hidden costs, such as additional staff workload.
- place no restrictions on the school program.
- not be inappropriate or harmful to the best education of students.
- not imply endorsement of any business or product.
- not conflict with any provision of the School Board policy or public law.
- have a purpose consistent with those of the district.
The School Board discourages any gifts which may directly or indirectly impair its commitment to providing equal educational opportunities for all district students. Use of a gift shall not be impaired by restrictions or conditions imposed by the donor. The School Board will try to follow the donor's wishes insofar as they do not conflict with district philosophy or operations.
Upon acceptance by the School Board, all gifts, grants and bequests shall become school district property. At the Superintendent or designee's discretion, a gift may be used at a particular school.
(cf. 3430 - Investing)
(cf. 3440 - Inventories) Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3300 EXPENDITURES/EXPENDING AUTHORITY
The Superintendent or designee may purchase supplies, materials and equipment in accordance with law. Prior School Board approval is required for purchases over $10,000.
(cf. 3310 - Purchasing Procedures)
(cf. 3311 - Bids )
(cf. 3312 - Contracts)
(cf. 3460 - Financial Reports and Accountability)
The Superintendent or designee shall not authorize any proposed expenditure which exceeds the major budget classification allowance against which the expenditure is the proper charge unless an amount sufficient to cover the purchase is available in the budget for transfer.
(cf. 3100 - Budget)
(cf. 3110 - Transfer of Funds )
The School Board shall not recognize obligations incurred contrary to School Board policy and administrative regulations.
Legal Reference:
ALASKA STATUTES
14.08.101 Powers (Regional school boards)
14.08.111 Duties (Regional school boards)
14.14.060 Relationship between borough school district and borough
14.14.065 Relationship between city school district and city
14.17.190 Restrictions governing receipt and expenditure of money from public school foundation account 36.30. State Procurement Code
37.05 Fiscal Procedures Act
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3305 ELECTRONIC FUND TRANSACTIONS
The Yukon Flats School District, through resolution of the School Board, shall be a party to an Automated Clearing House (ACH arrangement. The Superintendent or designee, shall be responsible for the district's ACH agreements, including payment approval, accounting, reporting, and generally for overseeing compliance with the ACH policy. All ACH invoices are to be approved prior to payment.
Internal Accounting
The Superintendent or designee, shall be responsible for development and maintenance of appropriate accounting controls to monitor the use of ACH transactions.
(cf. BP 3110 - Transfer of Funds
(cf. BP 3300 - Expenditures/Expending Authority
Added 1/09
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
AR 3305 ELECTRONIC FUND TRANSACTIONS
For the purposes of accountability of ACH funds, the Superintendent or designee, shall submit to the School Board a monthly report detailing the goods or services purchased during the preceding month. The report must contain:
- the goods or services purchased and their cost
- the date of the payment
- the unit or department serviced by each payment
This report may be maintained in the electronic general ledger software system of the district or in a separate report.
Internal Accounting
ACH accounting methods shall follow the established and approved Yukon Flats School District accounting procedures.
Accounting Process
- The Superintendent or designee shall prepare a list of vendors authorized to be paid by ACH transaction and provide that list to the billing agent.
- The billing agent shall initiate the transaction upon receipt of an invoice included on the authorized ACH list approved by the appropriate district official. ACH invoices must be approved before payment. The billing agent shall sign the ACH invoice and the clerk shall present the invoices, a list of bills for payment, and a separate list of the electronic payments for School Board approval.
- The School Board shall approve all transactions prior to disbursement.
- Following School Board approval, the treasurer shall sign the ACH warrant, initiate the electronic transaction with the vendor, and make the actual transfer of funds.
- The Superintendent or designee shall retain all ACH transaction documents for audit purposes.
- The billing agent shall retain all invoices for audit purposes.
Added 1/09
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
E 3305 ELECTRONIC FUND TRANSACTIONS
Sample Resolution
For the authorization of Electronic Transactions, the School Board hereby recognizes that:
Electronic payment of public funds are required for some federally mandated transactions involving public funds by electronic payment, debit, or credit transfer processed through an automated clearing house, and The School Board deems that it is in the best interest of the district to make certain district financial transactions by electronic payments.
It is therefore resolved that the School Board authorizes the district to utilize electronic transactions in compliance with the written procedures and internal controls developed by the Superintendent or designee.
Moved by: ___________________________________ Seconded by: ____________________________________
Ayes: _____ Nays: _____ Abstentions: _____ Resolution Adopted: _____________________
Added 1/09
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3310 PURCHASING PROCEDURES
The School Board desires to ensure that maximum value is received for money spent by the district and that records are kept in accordance with law. The Superintendent or designee may issue and sign purchase orders and shall submit them for School Board approval or ratification. Purchase orders in excess of $10,000 (amount to be determined by District) will require prior approval of the Board.
Purchases may not be segmented in order to circumvent the requirement for prior approval.
All purchases under federal awards will meet general standards as follows:
- The District will maintain written procurement policies and procedures that meet the following standards and any other applicable laws and regulations.
- Costs incurred must be necessary and cost-effective.
- All procurement transactions must provide full and open competition.
- The District will maintain written standards of conduct covering conflicts of interest.
- The District will maintain documentation addressing cost and price analysis, and vendor selection, as applicable for the selected method of procurement.
(cf. 3310 - Bids)
No employee, officer, or agent of the District 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 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 officers, employees, and agents of the District may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.
However, non-substantial gifts of nominal value may be accepted if the item is non-solicited.
Employees in violation of this conflict of interest section are subject to disciplinary measures set forth in statute, board policy, and applicable negotiated agreements, up to and including termination.
(cf. 3300 - Expenditures/Expending Authority)
(cf. 3400 - Management of District Assets)
(cf. 3460 - Financial Reports and Accountability) (cf. 4118 – Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 9270 - Conflict of Interest)
The School Board encourages the selection of Alaskan products when such products meet the needs
of the district and shall adhere to state law regarding purchasing preferences for Alaskan products.
(cf. 3311 - Bids )
(cf. 3312 - Contracts)
Legal Reference:
ALASKA STATUTES
29.71.050 Procurement preferences for recycled Alaska products
36.30. State Procurement Code
37.05 Fiscal Procedures Act
CODE OF FEDERAL REGULATIONS
2 C.F.R. 200.317-326, Procurement Standards
City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989
Revised 3/2018
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
AR 3310 PURCHASING PROCEDURES
Purchasing Requisitions/Purchase Orders
- Insofar as possible, goods and services purchased will meet the needs of the person or department ordering them at the lowest price consistent with standard purchasing practice. Maintenance costs, replacement costs, and trade-in values shall be considered when determining the most economical purchase price.
- Requisitions for budgeted items shall originate from personnel directly responsible for their use. All requisitions shall be given proper review for approval or disapproval by the appropriate administrative personnel.
- Every transaction between a buyer and seller involving the transfer of property, equipment, or supplies shall be made by purchase order, formal contract or receipt.
- Purchase orders and other purchase obligations shall be signed by the Superintendent or designee.
- The business office or other appropriate administrative entity shall verify the availability of funds and prepare purchase order to commit the expenditures.
Quantity Purchasing
Quantity buying shall be effected whenever practicable and feasible in order to achieve an economy of scale in accordance with the total needs of the school district.
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
E 3310 PROCUREMENT
Competition
All procurement transactions under Federal awards must be conducted in a manner providing full and open competition. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to:
(1) Placing unreasonable requirements on firms in order for them to qualify to do business;
(2) Requiring unnecessary experience and excessive bonding;
(3) Noncompetitive pricing practices between firms or between affiliated companies;
(4) Noncompetitive contracts to consultants that are on retainer contracts;
(5) Organizational conflicts of interest;
(6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and
(7) Any arbitrary action in the procurement process.
The District must incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. However, detailed product specifications should be avoided if at all possible. 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.
When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, 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 identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.
Minority Bidding
When procuring contracts under Federal awards, the District must take affirmative steps to utilize minority businesses, women’s business enterprises, and labor surplus area firms when possible.
Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.
Contract Cost
The District must perform a cost or price analysis in connection with every procurement action under Federal awards in excess of the Simplified Acquisition Threshold, including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the District must make independent estimates before receiving bids or proposals.
The District must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable under Federal law. The District may reference its own cost principles that comply with the Federal cost principles.
The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used.
Methods of Procurement
The District must use one of the following methods for procurement under Federal awards:
(a) Procurement by micro-purchases: Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold in 2 CFR §200.67. To the extent practicable, the District must distribute micro- purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the District considers the price to be reasonable.
(b) Procurement by small purchase procedures: Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources.
(c) Procurement by sealed bids (formal advertising): Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply.
a. In order for sealed bidding to be feasible, the following conditions should be present:
1. A complete, adequate, and realistic specification or purchase description is available;
ii. Two or more responsible bidders are willing and able to compete effectively for the business; and
iii. The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price.
b. If sealed bids are used, the following requirements apply:
i. Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised;
ii. The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond;
iii. All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly;
iv. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and
(d) Procurement by competitive proposals: The technique of 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. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply:
a. 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;
b. Proposals must be solicited from an adequate number of qualified sources;
c. The District must have a written method for conducting technical evaluations of the proposals received and for selecting recipients;
d. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and
e. The 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.
(e) Procurement by noncompetitive proposals: Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:
a. The item is available only from a single source;
b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
c. The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the District; or
d. After solicitation of a number of sources, competition is determined inadequate.
Procurement of Recovered Materials
The District must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
Legal Reference:
CODE OF FEDERAL REGULATIONS
2 C.F.R. 200.317-326, Procurement Standards
Revised 3/17
9/92
Adopted: 2/21/2023
APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
(J) See §200.322 Procurement of recovered materials.
YFSD Policy Reference Manual
BP 3311 BIDS
The district shall purchase equipment, supplies and services on a competitive bidding basis when required by law and whenever it appears to be in the best interest of the district to do so. The Superintendent or designee shall establish procedures to implement these requirements. Prior to any purchase, the District should review the federal funding award or grant to determine if it requires compliance with OMB’s procurement procedures.
Purchases Made Under Federal OMB Funding Awards
All bids under federal awards must be made in accordance with the standards set forth in 2 CFR 200.320, set forth below. One of the following five methods of procurement shall be used for each purchase under a federal award:
1. Micro-purchases: Less than $3,000 ($2,000 for purchases subject to the Davis-Bacon Act)
a. No competitive quotes required
b. Purchases should be spread among qualified suppliers
2. Small Purchases: Between $3,000 and $150,000
a. Rate quotes must be obtained from an adequate number of qualified sources
b. Quotes can be obtained from suppliers or from public websites
3. Sealed bids: Purchases more than $150,000
a. Two or more qualified bidders are required
b. Bids must be publicly advertised and solicited from adequate suppliers
c. Lowest bidder for the fixed price contract with specific requirements shall be awarded the contract
4. Competitive Proposals: Purchases more than $150,000
a. A written policy must be adopted for conducting technical evaluations of reviewing proposals and selecting the recipient
5. Sole Source: Purchases of any amount that meet one of the following four requirements
a. Good/service is only available from a single source
b. Only one source can provide the good/service in the time frame required
c. Written pre-approval from the Federal awarding agency
d. Competition is deemed inadequate, after solicitation attempts through one of the other methods
To ensure that good value is received for funds expended, specifications shall be carefully designed and shall describe in detail the quality, delivery and service required.
Minority Bidding
When procuring contracts under federal awards set forth in 2 CFR 200.320, the District must take affirmative steps to utilize minority businesses, women’s business enterprises, and labor surplus area firms when possible. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
(5)Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.
(cf. 9270 - Conflict of Interest)
(cf. 4030 - Nondiscrimination in Employment)
(e. 3310 – Purchasing Procedures, Procurement) Legal Reference:
ALASKA STATUTES
14.14.060 Relationship between borough school district and borough
14.14.060(h) Procurement of supplies and equipment
14.14.065 Relationship between city school district and city
14.03.085 Procurement preference for recycled Alaska products
29.71.050 Procurement preferences for recycled Alaska products
35.15 Construction Procedures
36.15.020 Use of local agricultural and fisheries products required in purchases with state money
ALASKA ADMINISTRATIVE CODE
4 AAC 27.085 Competitive pupil transportation proposals
4 AAC 31.080 Construction and acquisition of public school facilities
CODE OF FEDERAL REGULATIONS
2 C.F.R. 200.317-326, Procurement Standards
FAIRBANKS NORTH STAR BOROUGH SCHOOL DISTRICT v. BOWERS, 851 P.2d 56
(Alaska 1992)
Revised 3/2018
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
AR 3311 BIDS
Under no condition shall bids be accepted after the advertised bid opening time, regardless of whether the bids are actually opened at that time.
When two or more identical bids are received, the School Board may determine by lot which bid shall be accepted.
After being opened, all advertised bids shall be made available for review by all interested parties.
(cf. 1340 - Access to District Records)
Revised 9/93
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3312 CONTRACTS
The Superintendent or designee may enter into contracts on behalf of the district. All contracts must be approved or ratified by the School Board.
(cf. 3300 - Expenditures/Expending Authority)
Contracts between the district and outside agencies shall conform to standards required by law and shall be prepared under the direction of the Superintendent or designee. Contracts, where appropriate, shall be submitted to the legal advisor of the district for review and approval.
The district shall not enter into any contract with a person, agency, or organization if it has knowledge that such person, agency or organization discriminates on the basis of race, color, creed, sex, religion, ancestry, national origin, age or non job-related handicap or disability, either in employment practices or in the provision of benefits or services to students or employees.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
Legal Reference:
ALASKA STATUTES
14.08.101 Powers
ALASKA ADMINISTRATIVE CODE
4 AAC 27.085 Competitive pupil transportation proposals 4 AAC 27.100 Contractor's duties
4 AAC 31.065 Selection of designers and construction managers
4 AAC 31.080 Construction and acquisition of public school facilities
CODE OF FEDERAL REGULATIONS
2 C.F.R. 200.317-326, Procurement Standards Revised 3/17
9/92
Adopted: 2/21/2023
View the POLICY WORKSHEET.
YFSD Policy Reference Manual
BP 3314 PAYMENT FOR GOODS AND SERVICES
The Superintendent or designee may authorize payment only for those goods and services that have been approved or ratified by the School Board.
The Superintendent or designee may make advance payment if a decrease in cost is possible or if the material is unavailable to the district without advance payment.
The Superintendent or designee may pay invoices in excess of previously approved purchase order amounts without further School Board approval when the excess amount represents sales tax, transportation charges, or charges made for the detention of a shipment during loading or unloading.
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3315 RELATIONS WITH VENDORS
No district employee or Board member shall accept personal gifts, commissions or expense-paid trips from individuals or companies selling equipment, materials or services required in the operation of district programs. Gifts include any gift purchased specifically for an employee which is not generally offered to other buyers.
This policy does not prohibit employees from accepting promotional or advertising items such as calendars, desk pads, notebooks and other office gadgets which are offered by business concerns free to all as part of their public relations programs.
District employees who work for or serve as consultants for potential vendors shall not participate in evaluating any equipment, materials or services of that vendor or its competitors.
(cf. 6161.1 - Selection and Evaluation of Instructional Materials) (cf. 9270 - Conflict of Interest)
This policy does not prohibit the Board from accepting materials and/or services which are of use and benefit to the district.
No employee, officer, or agent of the District may participate in the selection, award, or administration of a contract supported by federal funds 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 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 consideration for a contract. The employees, officers, and agents of the District may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.
Universal Service Program/E-Rate Vendors
The District takes advantage of federal technology funding through the universal service program known as E-rate. E-rate participants may not, at any time, solicit or accept gifts or other things of value from an existing or potential E-rate service provider. Nominal gifts and refreshments may be allowed as authorized by the Superintendent or designee.
E-rate gift prohibitions apply to the School Board and to employees, consultants or contractors involved in the District’s E-rate Program who: prepare, approve, sign, or submit E-rate applications, technology plans or other E-rate forms; prepare bids, communicate, or work with E-rate service providers, E-rate consultants, or the Universal Service Administrative Company; and those responsible for monitoring compliance with the E- rate program.
Charitable donations by service providers in support of the schools are permitted. These contributions may not be directly or indirectly related to E-rate procurement activities or decisions.
The Superintendent or designee shall develop guidelines to implement this policy in compliance with E-rate program rules.
(cf. 3290 - Gifts,Grants and Bequests)
Legal Reference:
CODE OF FEDERAL REGULATIONS
47 C.F.R. Part 54, subpart f, Universal Service Support for Schools and Libraries
ALASKA STATUTES
11.56.100-56.130 Bribery and related offenses Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3400 MANAGEMENT OF DISTRICT ASSETS/ACCOUNTS
Accounting Systems
The Superintendent or designee shall provide ongoing internal accounting controls and a means for the accounting of revenue and expenditures as outlined in the adopted budget.
(cf. 3440 - Inventories)
Audits
The School Board shall provide for an annual audit of all district accounts by an independent public accountant who has no personal interest in district fiscal affairs. The audit shall be conducted in accordance with the requirements of federal and state regulations.
Legal Reference:
ALASKA STATUTES
14.08.111 Duties (Regional school boards)
14.14.050 Annual Audit
14.14.060 Relationship between borough school district and borough
14.14.065 Relationship between city school district and city
14.17.505 Fund balance in school operating fund
ALASKA ADMINISTRATIVE CODE
4 AAC 06.120 Accounting and audit manuals, charts of accounts, code descriptions 4 AAC 06.121 Annual financial reporting requirements
4 AAC 09.130 School district audit
4 AAC 09.160 Fund balance
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3440 INVENTORIES
The Superintendent or designee shall provide for the proper control and conservation of district property. He/she shall maintain an inventory for all items currently valued in excess of $500 or a lesser amount if required by state or federal grant requirements or regulations.
(cf. 3270 - Sale and Disposal of Books, Equipment and Supplies)
(cf. 3440.1 - Fixed Assets Capitalization)
(cf. 3290 - Gifts, Grants and Bequests)
(cf. 3400 - Management of District Assets/Accounts)
Legal Reference:
ALASKA STATUTES
14.11.011 Grant applications
14.11.017 School construction grant conditions
14.14.050 Annual audit
ALASKA ADMINISTRATIVE CODE
4 AAC 06.120 Accounting and audit manuals, charts of accounts, code descriptions
4 AAC 51.300 Vocational facilities and equipment
CARL D. PERKINS VOCATIONAL EDUCATION ACT, Public Law98-524, 99-159
34 CODE OF FEDERAL REGULATIONS, 74.132-74.140
Office of Management and Budget, Circular A-102, Attachment N, Property Management Standards
Revised 10/2021
Adopted: 2/21/2023
YFSD Policy Reference Manual
AR 3440 INVENTORIES
A physical inventory shall be conducted annually. Copies of the inventory shall be kept at the district office and school site.
Each principal or designee shall maintain an inventory of all equipment. The following information must be recorded:
- description (with manufacturer's name and/or model number).
- identification and/or serial number.
- date and cost of acquisition (estimate if unknown).
- funding source (grant source and grant title).
- purpose for which the purchase was made.
- current use, condition and location.
- date on which inventory information was verified.
If equipment is used for a purpose other than that for which it was originally purchased, the inventory shall include a dated statement justifying its current use.
All equipment purchased with federal funds or nonfederal matching funds shall be labeled with the district's name and an equipment or inventory control number.
The date and mode of disposal of all equipment removed from the inventory shall also be recorded.
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3440.1 FIXED ASSETS CAPITALIZATION
The School Board recognizes the need to establish appropriate capitalization thresholds for its fixed assets to properly account for both the financial and economic resources of the district. The Superintendent or designee shall periodically review the capitalization threshold with the district's auditors to ensure compliance with federal and state mandates and recommendations. The capitalization threshold should be set at a level that will capture approximately 80% of all fixed assets.
The School Board sets the capitalization amount at $5,000 for purposes of capitalization of fixed assets. An asset is to have a purchase cost of $5,000 or more and a useful life of at least two years following the date of acquisition to be treated as a capitalized asset.
Assets that fall below the capitalization threshold may still be significant for insurance, warranty service and obsolescence/replacement tracking purposes. Assets more than $500 but less than $5,000 will be kept on a fixed asset inventory but will not be considered capitalized assets.
(cf. 3400 - Management of District/Assets/Accounts) (cf. 3440 - Inventories)
Legal Reference:
ALASKA STATUTES
14.11.011 Grant Applications
14.11.017 School Construction Grant Conditions
14.14.050 Annual Audit ALASKA ADMINISTRATIVE CODE
4 AAC 06.120 Accounting and audit manuals, charts of accounts, code descriptions
4 AAC 51.300 Vocational facilities and equipment
Added 2/06
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3450 MONEY IN SCHOOL BUILDINGS
Money collected by individuals and organizations on behalf of the District shall be handled according to prudent business procedures. Monies collected up to $100 shall be recorded and deposited weekly. Over $250 will be deposited daily. The individual recording the receipt of funds should not be the same individual who maintains custody of funds in the safe or other secured place. Whenever possible, two individuals should count funds and sign together. Any money left overnight in schools shall be kept in locked locations provided for safekeeping of valuables.
Revised 10/2021
Adopted: 2/21/2023
YFSD Policy Reference Manual
AR 3450 PETTY CASH FUNDS
The purpose of a petty cash fund is to have cash available in the office of the principal or other administrative officer for express charges, postage due and other unforeseen small expenses which cannot conveniently be charged and handled in the usual manner.
- The amount of petty cash funds at any school site shall not exceed $250.
- The principal or administrative official in whose name the fund is created will be responsible for all expenditures made from it.
- Each disbursement will be supported by a cash register tape, a sales slip or other evidence of the expenditure. Such evidence will be summarized monthly, or earlier if the fund needs replenishment.
- The documents and the summary will be forwarded to the business office where a check will be issued to replenish the fund.
- The amount on deposit plus receipts of disbursement must always equal the original amount of the fund.
- Funds will be regularly audited by the business office.
- Funds are subject to audit by the district's auditor.
- Money left overnight in schools shall be kept in a safe or secured place.
(cf. 3400 - Management of District Assets)
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3452 STUDENT ACTIVITY FUNDS
Student organizations may raise and spend money in order to promote the general welfare, morale and educational experiences of the students. Student funds shall finance worthwhile activities which go beyond those provided by the district. Minutes shall be kept of student organization meetings and shall properly reflect all financial activities.
(cf. 1321 - Solicitation of Funds from and by Students) (cf. 3554 - Other Food Sales)
Student funds shall be managed in accordance with sound business procedures designed to encourage the largest possible educational return to students without sacrificing the safety of funds or exposing students to undue responsibility or unnecessary routine.
The Superintendent or designee shall be responsible for the proper conduct of all student organization financial activities and shall periodically review the organizations' general financial structures and accounting procedures.
The School Board shall provide an annual audit of student accounts by a certified public accountant or licensed public accountant.
(cf. 3400 - Management of District Assets/Accounts)
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3460 PERIODIC FINANCIAL REPORTS
The Superintendent or designee shall keep the School Board informed about the district's financial condition. The School Board shall assess the district's financial condition regularly to determine whether or not the district will be able to meet its financial obligations for the remainder of the fiscal year.
(cf. 3100 - Budget)
(cf. 3400 - Management of District Assets/Accounts)
Legal Reference:
ALASKA STATUTES
14.08.111 Duties (Regional school boards)
14.14.090 Additional duties
14.14.050 Annual audit
ALASKA ADMINISTRATIVE CODE
4 AAC 06.121 Annual financial reporting requirements 4 AAC 09.130 School district audit
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3470 FUND BALANCE CLASSIFICATION
The Board desires to establish a fund balance classification policy tailored to the needs of the School District in a manner consistent with governmental accounting standards. As provided for in Governmental Accounting Standards Board (GASB) Statement No. 54, the Board identifies the order of spending unrestricted resources applying the highest level of classification of fund balance, while honoring constraints on the specific purposes for which amounts in those fund balances can be spent.
It is the responsibility of the Superintendent or designee to make recommendations to the Board regarding fund balance designations. Formal Board action is required to establish, modify, and/or rescind a committed fund balance amount.
Fund Balance Classifications
Fund balances will be classified as follows:
A. Nonspendable fund balance – The nonspendable fund balance classification includes amounts that cannot be spent because they are either: (a) not in spendable form; or, (b) legally or contractually required to be maintained intact. This includes items not expected to be converted to cash, including inventories, prepaid expenses, supplies, and long-term receivables, and the principal of a permanent fund.
B. Restricted fund balance – The restricted fund balance classification is utilized when constraints (restrictions) placed on the use of resources are either: (a) externally imposed by creditors, grantors, contributors, or governmental laws or regulations; or, (b) imposed by law through constitutional provisions or enabling legislation. This includes “categorical balances.”
C. Committed Fund Balance – The committed fund balance classification reflects amounts that can only be used for specific purposes determined by formal action of the Board. Commitments may be removed or changed by formal Board action. This classification also includes contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Any remaining excess fund balance in a special revenue or capital projects fund at fiscal year end shall be a committed fund balance and designated for the intended purpose of that special revenue or capital project fund. Such fund balances shall be carried over to the ensuing fiscal year as Committed Fund Balance.
D. Assigned Fund Balance – The assigned fund balance classification reflects amounts intended to be used by the district for specific purposes. Intent can be expressed by the Board or by the Superintendent, having been designated such authority. In governmental funds other than the general fund, assigned fund balance represents the amount that is not restricted or committed.
E. Unassigned Fund Balance – The unassigned fund balance classification is the residual classification for the general fund and includes all amounts not contained in the other classifications. Positive unassigned amounts will be reported only in the general fund. If another governmental fund, other than the general fund, has a fund balance deficit, then it will be reported as a negative amount in the unassigned classification of that fund.
Spending Prioritization
The order of spending regarding the restricted and unrestricted fund balances, when an expenditure is incurred for which both restricted and unrestricted fund balance is available, should first reduce restricted fund balance and then unrestricted fund balance. The order of spending regarding unrestricted fund balance is that committed amounts should be reduced first, followed by the assigned amounts, and then the unassigned amounts when expenditures are incurred for purposes for which amounts in any of those unrestricted fund balance classifications could be used.
The Board authorizes the Superintendent to assign amounts to a specific purpose in compliance with GASB 54. An unassigned fund balance should also be reported in the order of spending unrestricted resources, but is not restricted or committed.
Legal Reference:
DEED Uniform Chart of Accounts Added 10/2021
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3510 MAINTENANCE
The School Board recognizes the importance of timely maintenance and repair of district facilities, property and equipment in ensuring the safety of students and employees, in protecting state and local investment, in providing necessary loss control, and in helping to ensure the availability of capital funding. A preventive maintenance plan shall be in effect which includes custodial care, scheduled preventive maintenance, and energy management for district buildings. The Superintendent or designee shall ensure a systematic means of tracking the timing and costs associated with maintenance activities; shall direct the preparation of renewal and replacement schedules for electrical, mechanical, structural, and other components of district facilities; and shall provide for preventive maintenance training for facility managers and maintenance employees.
(cf. 3511 - Energy Conservation)
(cf. 3514 - Environmental Safety)
(cf. 3515 - School Safety and Security) (cf. 5142 - Safety)
The Superintendent or designee shall regularly inspect district facilities and operations and make recommendations for maintenance and capital expenditures which may help the district reach its energy consumption goals.
All school buildings and equipment shall be regularly inspected to assure that all are maintained at the highest level of safety. Employees are responsible for promptly reporting to their supervisor any damage to district property or equipment.
Legal Reference:
ALASKA STATUTES
14.11.011 Grant applications
14.11.100 State aid for costs of school construction debt
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD
YFSD Policy Reference Manual
BP 3511 ENERGY CONSERVATION
The School Board desires to reduce energy use in the district in order to help conserve natural resources and save money to support other district needs.
The Superintendent or designee shall establish energy use reduction goals, monitor energy consumption and encourage employees and students to conserve resources. The Superintendent or designee shall regularly inspect district facilities and operations and make recommendations for maintenance and capital expenditures which may help the district reach its energy consumption goals.
(cf. 3510 Maintenance)
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
AR 3511 ENERGY CONSERVATION
District and site plans to conserve resources shall address energy use in all operations, including:
- educational programs for employees and students
- classroom and building management and maintenance
- food services and equipment maintenance
- transportation services and maintenance
- new construction
- administrative operations
- use of facilities by outside groups
- reduced energy use or shutting down of facilities during vacation periods
The plan shall establish specific energy use reduction goals for each school and for other district facilities.
To enlist the support which is essential to the success of the resources management plan, principals and supervisors shall:
- solicit comments related to district energy use
- expect students and staff to cooperate in all conservation efforts
- give recognition to those who reduce energy use
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3512 EQUIPMENT
School equipment may be used by staff members and/or students only for school-related tasks. Except when otherwise authorized by School Board policy, personal use of district property is prohibited and may be cause for disciplinary action.
(cf. 4170 - District Issued Portable Technology)
When school equipment is not being used by students or staff, school-connected organizations may be granted reasonable use of the equipment for school-related matters. Actual costs of services such as copying shall be paid by the group rather than by the district.
(cf. 1230 - School-Connected Organizations) (cf. 1330 - Use of School Facilities)
The consent of the principal or designee is required if district-owned equipment is removed from the school site. When any equipment is taken off-site, the borrower is responsible for its safe return and shall be fully liable for any loss or damage.
(cf. 3440 - Inventories) Revised 1/09
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3513.3 TOBACCO-FREE SCHOOLS/SMOKING
The Board recognizes its responsibility to promote the health, welfare and safety of students, staff and others on district property and at school-sponsored activities. Ample research has demonstrated the health hazards associated with the use of tobacco products, including smoking and the breathing of second-hand smoke. As role models, district employees should demonstrate conduct that is consistent with school programs to discourage students from using tobacco products.
In accordance with law and to promote the health and safety of all students and staff, it is the intent of the Board to establish a tobacco-free environment. Consequently, it is a violation for students, staff, visitors, contractors and all others to use, distribute or sell tobacco, including any smoking device, on district premises, at school-sponsored activities on or off district premises and in district-owned, rented or leased vehicles.
Staff and/or all others authorized to use district vehicles to transport district students to school- sponsored activities are prohibited from using tobacco in those vehicles while students are under their care.
For the purposes of this policy, “tobacco” is defined to include tobacco in any form and/or any nicotine delivering devices. This does not include FDA approved nicotine replacement therapy products used for the purpose of cessation.
This policy shall be in effect and enforceable at all times regardless of whether or not school is in session. The Superintendent or designee shall post appropriate signs prohibiting tobacco use in accordance with law.
The Superintendent may develop administrative regulations as necessary to implement this policy, including provisions for notification of the district’s policy, through such means as student/parent and staff handbooks, newsletters, inclusion on school event programs; disciplinary consequences; and procedures for filing and handling complaints about violations of the district’s policy.
The Superintendent may consult with local officials to promote enforcement of law that prohibits the possession of tobacco by minors on or off district grounds.
This prohibition does/does not apply to any private residence owned or leased by the district for housing purposes.
(cf. 5131.62 - Tobacco)
Legal Reference:
ALASKA STATUTES
18.35.300-18.35.330 Health nuisances
20 U.S.C. 7973, Nonsmoking Policy for Children’s Services
Revised 4/2022
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3514 ENVIRONMENTAL SAFETY
The School Board believes that students and employees have the right to learn and work in a safe environment.
The Superintendent or designee shall establish and vigorously enforce precautionary measures against accidents, fire, explosion, and other physical hazards.
All members of the school community should be alert to any physical conditions, including explosive, toxic or incendiary hazards, which may jeopardize the safety of students, employees, or the public.
(cf. 3513.3 - Tobacco-Free Schools/Smoking)
(cf. 3514.1 - Hazardous Substances and Pesticides)
(cf. 3543 - Transportation: Emergency and Safety Procedures) (cf. 4157/4257/4357 - Employee Safety)
(cf. 5141.1 - Accidents)
(cf. 5142 - Student Safety)
(cf. 6114 - Emergencies and Disaster Preparedness Plan)
(cf. 6153 - Field Trips)
(cf. 7111 - Evaluating Existing Buildings) Legal Reference:
ALASKA STATUTES
18.31.010-18.31.050 Asbestos health hazard abatement program
18.70.080-18.70-300 Fire protection
ALASKA ADMINISTRATIVE CODE
18 AAC 90.625 School use and notification Revised 1/03
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3514.1 HAZARDOUS SUBSTANCES AND PESTICIDES
Hazardous Substances
The School Board recognizes that the daily operations of our schools entail the use of potentially hazardous substances. The Superintendent or designee shall insure that hazardous substances are inventoried, used, stored and regularly disposed of in a safe and legal manner.
Teachers shall instruct students as to the importance of proper handling, storage, disposal and protection with regard to all potentially hazardous substances within the classroom and other instructional areas.
The Superintendent or designee shall develop, execute, and monitor a hazard communication plan as required by applicable law.
Insofar as possible, the Superintendent or designee shall minimize the quantities of hazardous substances stored on school property. The Board encourages staff to substitute less dangerous materials for hazardous ones whenever feasible.
The Superintendent or designee shall ensure that the schools are regularly inspected to identify potential sources of risk and shall inform the Board of any environmental risks in the schools.
Pesticides
The Superintendent or designee shall, when practical, ensure the use of nonchemical methods to control pests, including proper sanitation practices, structural repair, and window screens.
When application of pesticides is necessary, the Superintendent or designee shall ensure timely notice to parents and the public.
Legal Reference:
ALASKA ADMINISTRATIVE CODE
18 AAC 90.625 School use and notification
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
AR 3514.1 PESTICIDE APPLICATION
The Superintendent or designee shall be responsible for ensuring that the following procedures are followed before application of a pesticide to an area of tDistrict property that is used by or is accessible to children.
Annual Registration for Notice of Pesticide Application
The Superintendent or designee shall provide written notice to parents/guardians at the beginning of each school year, or upon a child’s enrollment, that pesticides may be used in or around district property. The notice shall explain how a parent may register to receive notification at least 24 hours prior to a pesticide treatment.
Notice
At least 24 hours prior to application of a pesticide, parents/guardians who have registered, as specified above, shall be provided individual notice delivered by phone, in person, electronic mail,
U.S. mail, or facsimile. The notice must contain the following information:
(1) a description of the area where the pesticide will be applied;
(2) the date and approximate time of application; if the application will be outdoors, the notification must include three dates in chronological order in case the preceding date is canceled due to weather;
(3) the common or brand name of each pesticide to be used;
(4) the targeted pests to be controlled by the pesticide;
(5) each active ingredient in the pesticide;
(6) the EPA registration number;
(7) the telephone contact number, if any, on the label of the pesticide for additional information about each pesticide; and
(8) a contact name and telephone number at the school.
Posting
Immediately before starting the application of a pesticide, the certified applicator shall post an 8 1/2 x 11-inch sign in the area of the school where the pesticide is to be applied. The Superintendent or designee shall ensure the sign remains posted and children are kept out of the treated area until the reentry interval on the label, if any, has expired; or, if the label does not specify a reentry interval, for at least 24 hours. The sign must be in the form specified by the Department of Environmental Conservation.
If pesticides are used outside the school term and the school is open to or accessible by the public, the notification required under this section must be prominently posted in a conspicuous location on the school premises at least 24 hours before the pesticide treatment is scheduled to begin and for at least 24 hours after application.
Emergency Application
The Superintendent or designee may authorize an immediate pesticide treatment without prior notification to registered parents if the Superintendent or designee determines an emergency exists. An emergency includes an immediate and unanticipated threat to the health and safety of individuals on District property. An emergency does not exempt the District from the posting requirements, to the extent possible.
Applications Not Requiring Notice or Posting
The SDS and/or DEC regulations should be consulted before determining that a pesticide does not require notification or posting. The following pesticide applications are not subject to the notification or posting requirements of this regulation:
(1) applications of antimicrobial pesticides;
(2) an application where the school remains unoccupied for a continuous 72 hour period following the application of the pesticide;
(3) applications of rodenticides in tamper resistant bait stations or in areas inaccessible to children;
(4) applications of silica gels and other ready-to-use pastes, foams, or gels that will be used in areas inaccessible to children.
Required Record Keeping
The Superintendent or designee shall keep records of pesticide applications subject to the notification and posting requirements of this regulation. Records must include
(1) a copy of each notice issued, or, if no notice is issued for an emergency application, all the information required in a notice had one been issued;
(2) the date of application;
(3) the name and employer of the individual who applied the pesticide, including the individual's certification number;
(4) the rate of application;
(5) the concentration of the pesticide applied; and
(6) the total amount of pesticide used.
Records of pesticide application must be made available to the Department of Environmental Conservation and to the public for review.
Revised: 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3515 SCHOOL SAFETY AND SECURITY
The School Board is fully committed to preventing violence and crime on school grounds. The Superintendent or designee and staff shall strictly enforce district policies and regulations related to crime, campus disturbances, campus intruders, student safety, student conduct and student discipline.
(cf. 3514 - Environmental Safety)
(cf. 3515.2 - Intruders on Campus) (cf. 3440 – Inventory)
(cf. 3450 – Money in School Buildings) (cf. 3451 – Petty Cash)
(cf. 4158/4258/4358 - Employee Security) (cf. 5131 - Student Conduct)
(cf. 5131.4 - Campus Disturbances) (cf. 5131.5 - Vandalism)
(cf. 5131.6 - Alcohol and Other Drugs)
(cf. 5131.7 - Weapons and Dangerous Instruments) (cf. 5136 - Gangs)
(cf. 5141.4 - Child Abuse and Neglect)
(cf. 5142 - Student Safety)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 6114 - Emergencies and Disaster Preparedness Plan)
The Superintendent or designee shall establish procedures to secure physical records, district assets, and to protect against vandalism and burglary during non-business hours.
The School Board encourages staff, parents/guardians and students at each school to work with local law enforcement agencies and other interested parties in developing a comprehensive school safety plan which includes strategies for preventing crime and violence on school premises.
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
AR 3515 SCHOOL SAFETY AND SECURITY
The Superintendent or designee shall establish procedures to:
- minimize fire hazards
- reduce the probability of faulty equipment
- guard against the chance of electrical shock
- maintain physical records and funds in a safe place
- protect against vandalism and burglary
- assign responsibility for use of school building keys
- maintain locked buildings during non-business hours
- provide routine patrolling of the schools and school grounds
- secure outdoor areas and reduce the number of entrances which give access to the schools, by means such as fencing or landscaping
Incidents of illegal entry, theft of school property, vandalism, and damage to school property from other causes shall be reported by phone to the Superintendent or designee as soon after discovery as possible. A written report of the incident shall be made within 24 hours.
Keys
Key refers to any object or process that allows access to a locked room or building. Keys may include a physical key, an electronic badge, electronic passcode, electronic key card, or other technology not yet developed.
All keys used in district buildings shall be the responsibility of the principal or building administrator. Keys shall be issued only to those employees who regularly need a key in order to carry out normal activities of their position.
Each principal shall set up a record keeping system so as to know at all times the location of all keys. The master key shall not be loaned.
Employees who have keys shall be responsible for the security of the room, gate or building involved. They shall lock all doors and windows and turn off all lights, air conditioning, heat, appliances etc., when leaving the room or building.
The duplication of keys is prohibited. The person issued a key shall be responsible for its safekeeping. If a key is lost, the person responsible shall report the loss to the principal or building administrator immediately and shall pay for a duplicate key. Duplicate keys may be obtained only through the district office.
Keys shall be used only by authorized employees and shall never be loaned to students.
School Ground Security
The principal may appoint a security advisory committee composed of parents/guardians, students and staff. This committee shall examine the school's degree of security and existing site procedures for emergencies in order to recommend measures by which security may be enhanced and site procedures expanded or improved.
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3515.2 INTRUDERS ON CAMPUS
The School Board is committed to keeping the schools safe from intruders and requires all visitors to register upon coming on campus.
The principal or designee shall promptly expel from school premises any individual he/she thinks might disrupt normal school operations, threaten the health and safety of students or staff, or cause property damage.
The principal or designee shall ensure that all staff members know what action to take when they observe strangers on school grounds and when and how to get help from law enforcement authorities.
(cf. 1250 - Visits to the Schools)
(cf. 3515 - School Safety and Security) (cf. 4158 - Employee Security)
(cf. 5131.4 - Campus Disturbances)
(cf. 5131.7 - Weapons and Dangerous Instruments)
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3515.4 RECOVERY FOR PROPERTY LOSS OR DAMAGE
The School Board shall seek reimbursement of damages from any individual or from the parents/guardians of any minor who commits an act of theft or vandalism.
(cf. 4156.3 - Reimbursement, Uniforms and Allowances)
(cf. 4158/4258 - Employee Security)
(cf. 5131.5 - Vandalism, Theft and Graffiti)
If the district or law enforcement officials are unable to identify the individual(s) responsible for the theft or vandalism, the School Board may authorize the Superintendent or designee, to offer a reward for information leading to the identification and apprehension of the guilty party.
Legal Reference:
ALASKA STATUTES
09.65.255 Liability for acts of minors
43.23.065 Exemption of and levy on permanent fund dividends
47.12.300 Court records
Revised 2/2010
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
AR 3515.4 RECOVERY FOR PROPERTY LOSS OR DAMAGE
Reports
Every district employee shall report all damage or loss of school property to the Superintendent or designee immediately after such damage or loss is discovered.
Investigation
The Superintendent or designee shall make a full and complete investigation of any instance of damage or loss of school property. The investigation shall be carried out in cooperation with law enforcement officials when appropriate.
Recovery of Damages
When the person causing the damage or loss has been identified and the costs of repair, replacement or cleanup determined, the Superintendent or designee shall take all practical and reasonable steps to recover these costs. The district's legal counsel shall be consulted if necessary. Reasonable steps may include the filing of a civil complaint in a court of competent jurisdiction to recover damages from the responsible person. If the responsible person is a minor, recovery may be sought from the minor's parent/guardian. Said damages will include the cost of repair or replacement of the property, the payment of any reward, interest, court costs, and all other damages as permitted by law.
Payment of Reward
If a reward has been authorized, it shall be paid to the party who provides information sufficient to identify and apprehend the person or persons subsequently found responsible for the damage or loss. If more than one informant provides information, the reward shall be divided among the informants.
The Superintendent or designee shall determine who is entitled to what portion of the reward and shall authorize payment only after the accused party has admitted to the wrongdoing, been convicted, or is otherwise deemed responsible as a result of appropriate judicial procedures, including a civil action. The identity of the informant shall be considered confidential and will not be made public by the district.
Revised 2/2010
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3515.5 RESTRICTIONS ON SEX OFFENDERS ON CAMPUS
Prior to restricting any person accused of a sex offense from campus, the district shall verify that the person is actually listed on the Alaska Department of Public Safety Sex Offender/Child Kidnapper Registry.
Recognizing that all students have the right to a public education in a safe and positive environment, the Board prohibits any sex offender from being on district property, except as authorized below.
District property includes all land within the perimeter of the school site and all district buildings, structures, facilities, computer networks and systems, and school vehicles, whether owned or leased by the district, and the site of any school-sponsored activity.
(cf. 3515 - School Safety and Security)
(cf. 5030 - School Discipline and Safety) (cf. 5137 - Positive School Climate)
Sex offenders are those convicted of a sex offense as defined in this or another state, or by federal law, and who are required to register as a sex offender under Alaska law or by court order. This policy also applies to those individuals convicted of child kidnapping who are required to register on the Alaska Department of Public Safety Sex Offender/Child Kidnapper Central Registry. This policy is not intended to impose a duty upon any district administrator or employee to review the Sex Offender/Child Kidnapper Central Registry to determine the presence of sex offenders in the community. This policy shall apply when district or school administrators are actually aware that a person in question is on the Registry.
Sex Offenders Who Do Not Have Children Enrolled in the District
A sex offender or child kidnapper who does not have a child enrolled in the district is prohibited from entering district property except:
- When he/she is a qualified voter and is coming upon district property, before or after normal school hours, solely for purpose of casting a vote; or
- To attend an open meeting held outside the student instructional day.
Parent/Guardian Sex Offenders
A parent/guardian sex offender or child kidnapper who has a child attending a district school is prohibited from entering district property, except in the following instances:
- When he/she is a qualified voter and is coming upon district property, before or after normal school hours, solely for purpose of casting a vote;
- To attend an open meeting held outside the student instructional day; or
- With the Superintendent or school administrator's prior approval, under the procedures set forth below:
a. to pick up or drop off his/her own child at the school where the child is enrolled;
b. to attend a parent-teacher conference or other meeting with faculty or staff to discuss the child's progress or other educational needs of the child;
c. under other special circumstances, on a case-by-case basis, for which the school administrator has given written consent.
In no event will entrance onto district property be allowed if prohibited by court order.
Procedures for Prior Approval
A parent/guardian sex offender or child kidnapper who comes onto school property to pick up or drop off his/her child(ren) needs to make specific arrangements in advance with the school administrator. These arrangements are to be approved by the Superintendent. The parent/guardian can only transport his/her own child(ren).
If a parent/guardian sex offender or child kidnapper wishes to come on to school property for another reason (e.g. parent-teacher conferences, student performances), he/she shall only do so under the following conditions:
- he/she must notify the principal of the school at least 48 hours in advance of the activity and obtain consent prior to coming onto district property;
- if consent is granted, the school administrator will assign an individual(s) to accompany the parent while on district property;
- he/she must report to the office, come only for the specific activity, cooperate with district supervision, and leave school property promptly upon the conclusion of the activity; and
- he/she must abide by all other terms and conditions of the school administration.
The school principal and/or Superintendent shall have the discretion to refuse permission if it is reasonably believed that the parent/guardian's presence on school property would be inappropriate or a danger to others, provided such permission shall not be unreasonably withheld.
At all times, the school administrator shall endeavor to protect the privacy of the offender's child.
(cf. 5021 - Noncustodial Parents)
Electronic Communications
The Board prohibits electronic communications between sex offenders and students. A parent/guardian sex offender/child kidnapper may not communicate electronically with a student other than his/her own child while the student is on district property. A non-parent sex offender/child kidnapper may not communicate electronically with any student while the student is on district property. "Communicate electronically" means actual or attempted communication by electronic means, including, but not limited to, phone, email, text, instant messaging, social networks, web postings, web contacts, computer, fax, or photographs.
Student Sex Offenders
The Superintendent or designee shall determine the appropriate placement for student sex offenders, except those identified as having a disability. When determining educational placement, including placement in an alternative educational setting, the Superintendent or designee shall consider such factors as the safety and health of other students and staff. The Superintendent or designee shall develop written procedures for managing each student sex offender in the district. The student's plan shall specify requirements for supervision and whether or not the student is permitted to attend school- sponsored or school-related activities outside of the instructional day.
If a student subject to this policy is a student with disabilities, he/she will be provided educational services in compliance with federal and state law.
Contractors
Any outside contractor with whom the district contracts, and whose employees or agents may have
contact with students, is prohibited from sending any employee or agent who is a sex offender/child kidnapper to any district property. The contractor shall certify in writing the contractor's knowledge and understanding of this policy.
Violations of this Policy
The district will contact law enforcement when a sex offender/child kidnapper violates this policy and will immediately revoke any privileges granted to the individual under this policy.
Legal Reference:
ALASKA STATUTES
12.63.010-.020 Registration of sex offenders and related requirements; Duration of sex offender or child kidnapper duty to register 12.63.100(5) Registration of Sex Offenders - Definitions
Revised 7/2019
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3515.6 USE OF SCHOOL SAFETY VIDEO SURVEILLANCE MONITORING SYSTEMS
The School Board authorizes the use of video surveillance equipment on school district property, school vehicles, and school contracted vehicles to ensure health, welfare, and safety of all staff, students, and visitors to district property and/or passenger in district contracted or authorized vehicles and to deter inappropriate behavior. Cameras will also be utilized to safeguard district facilities and equipment, as well as equipment owned by staff or students.
In dealing with surveillance of students and employees, the Board recognizes both its obligation to provide appropriate levels of supervision in the interest of safety and the fact that students and employees have privacy rights that are reduces but not eliminated while under the supervision of the school. Thus, video surveillance, like other forms of supervision, must be carried out in a way that respects privacy rights.
District Administrators are responsible for determining whether video recordings are educational records as defined by the Family Educational Rights and Privacy Act (FERPA) ), 20 U.S.C. § 1232g and 34 CFR Part 99.
School safety video recordings which are not education records may be disclosed as provided in the Alaska Public Records Act, AS § 40.25.110 – 40.25.125.
Use
Video surveillance cameras may be used to monitor and/or record in locations authorized by the School Site Administrator or the officials of the school district. Public notification signs must be prominently displayed, indicating the use of video surveillance. The district shall also notify staff and students through student/parent and staff handbooks that security cameras are in place within district property.
Camera Placement
The security camera system will be installed in public areas only. These areas include school buses, grounds, athletic areas, exterior entrances or exits to school buildings and large gathering spaces such as classroom corridors, cafeteria, lobby, and main entrances. Restrooms, changing rooms, private offices, nurse’s offices, and locker rooms are excluded from surveillance camera use. Security camera usage is prohibited in any space where this a reasonable expectation for privacy.
Security
Only a designated employee or agent of the school district will install surveillance cameras. Only designated school officials shall have access to the camera equipment and operations system. For the purposes of this policy, school officials are the Superintendent or his/her expressly authorized designees. Only these school officials shall handle the camera or copies of the video segments.
Video copies shall be stored in a secure area. Video copies may never be sold, publicly viewed or distributed in any other fashion except as approved for by this policy and/or relevant to legislation. Law enforcement personnel may review camera recordings, when available, to investigate criminal conduct.
Viewing of Video Recordings
Video monitors used to view video recordings should not be located in a position that enables public viewing. Video recordings may only be viewed by school site administrators, school official, or school staff members with direct involvement with the recorded contents of the specific video recording or employees or agents responsible for the technical operation of the system (for technical purposes only). Parents may submit a written request to view video recordings that pertain only to their children in relation to a disciplinary issue, but the viewing may be approved only if it does not violate the privacy of other students (see next paragraph).
Use of Video Recordings for Disciplinary Action
Video recordings may be used as a basis for student or employee disciplinary action. Video surveillance recordings involving students are considered to be educational records under FERPA. Therefore, consent must be given in order to disclose information contained on video recordings obtained through video surveillance, except to the extent that FERPA authorizes disclosure without consent. Viewing may be refused or limited where viewing would be an unreasonable invasion of a third party’s personal privacy, give rise to a concern for the safety of a third party or where protected from disclosure by law. All viewing requests must be submitted in writing.
Retention of Video Recordings
A copy of a video recording shall be made when an incident results in a long-term suspension, a student injury, or there is a prospect of a legal claim against the district. The copy of the video recording shall be sent to the Superintendent or designee to be kept in a secure location. If a recording is used in the making of a decision about a student or employee, the recording must be kept for a minimum of one year, unless earlier erasure is authorized by or on behalf of the individual or the relevant appeals periods have been expired.
Video recordings shall be maintained for no more than 30 days and then erased unless they are being retained as indicated in the preceding paragraph or at the request of the school site administrator.
The district shall comply with all applicable state and federal laws related to record maintenance and retention.
Review
Each school site administrator is responsible for the proper implementation and control of the video surveillance system. The Superintendent of Schools or designee shall develop regulations governing the use of video recordings in accordance with applicable law and board policy.
(cf. 1340 – Access to District Records) (cf. 3515 – School Safety and Security) (cf. 3580 – District Records)
(cf. 5125 – Student Records)
Legal References:
UNITED STATES CODE 20 U.S.C. 1232g
UNITED STATES CODE OF FEDERAL REGULATIONS
34 CFR Part 99
ALASKA STATUTES
40.21.070 – Records Management for Local Records
40.25.110-250 Public Records Act
ALASKA ADMINISTRATIVE CODE
2 AAC 96.100-370 Public Information
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3522 DISTRICT DATA PROTECTION PROGRAM
The protection of sensitive data and technology, including, but not limited to Internet access, privacy, electronic mail, hardware, software, and cloud resources, is vital in supporting teaching and learning through access to resources, information, learning activities, interpersonal communications, research, training, collaboration, curriculum, and materials.
The School Board recognizes data/information as a resource that must be protected from unauthorized access or use and as such supports a balance of security and access. The Board expects District staff, student, and parent data to be protected by adequate controls commensurate with the sensitivity of the data.
The Board directs the Superintendent to develop and maintain an effective District Data Protection Program and associated regulations and protocols for the protection of sensitive District information. Such regulations shall include developing appropriate controls to protect the confidentiality, availability, and integrity of District information.
(cf. 1340 and AR 1340 - Access to District Records)
(cf. 3580 and AR 3580 - District Records)
(cf. 3522 - District Data Protection Program)
(cf. 3523 and AR 3523 - Employee Use of District Information Technology)
(cf. 3523.1 and AR 3523.1 - Blogging)
(cf. 3523.2 and AR 3523.2 - Social Media Use) (cf. 4112.6 - Personnel Records)
(cf. 4119.23 - Unauthorized Release of Confidential Information)
(cf. 4119.25 and AR 4119.25, Political Activities of Employees)
(cf. 4419.5 - Electronic Communications Between Employees and Students) (cf. 5125 - Student Records)
(cf. 5145 - Anti-Bullying/Anti-Cyberbullying)
(cf. 6161.4 - Student Use of District Information Technology) Legal Reference:
UNITED STATES CODE
47 U.S.C. 201 et seq., Communications Decency Act of 1995, as amended
20 U.S.C. 1232g., Federal Family Educational Rights and Privacy Act of 1974, as amended
47 U.S.C. 231 et seq., Children’s Online Privacy Protection Act of 2000, as amended
Revised 5/2022
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
AR 3522 DISTRICT DATA PROTECTION PROGRAM
Introduction
The District Information Technology (IT) Department (or contracted services) has a responsibility to protect sensitive District data to include financial, employee, and student data, while allowing for a positive learning environment. The objective is to employ technology resources that create equitable and accessible learning systems that make learning possible everywhere and all the time.
Section 1. Responsibilities
The District is responsible for providing the following activities in support of the District's data protection program:
Superintendent
-
- Superintendent periodically reports to the board regarding the function and performance of the DDPP.
- Shall appoint a Data Protection Leader (see activities below) who will provide an annual risk assessment to the board in support of a separate District Data Protection Program.
- The designated Data Protection Leader shall have sufficient decision-making capabilities to effectively manage all aspects of the DDPP to include:
- Executing emergency contracts in the event of a data breach. Directing staff/faculty activities as required in support of the DDPP.
- Directing or implementing changes to the network/operating environment as required. Provide incident information to Human Resources as needed.
- Shall participate in one “tabletop” disaster recovery exercise per year wherein a cybersecurity incident is simulated, and receive the report on the outcome of the exercise.
- Shall review an annual risk assessment and provide comments to the Data Protection Leader as required.
- Shall prepare a separately itemized annual security budget.
Data Protection Leader
-
- Shall be formally recognized as the District’s Data Protection Program Leader.
- Shall be responsible for the design, architecture, implementation, program management and oversight of the DDPP on behalf of the District.
- Shall ensure that an annual Risk Assessment is prepared and delivered to the Superintendent in support of an Annual Security Budget Request.
- Shall be responsible for the maintenance and dissemination of all required security documentation to include training records, plans, policies, procedures, configurations, and standards applicable to the DDPP.
- Be responsible for conducting an annual tabletop exercise with the leadership simulating a Data Security Breach.
- Ensuring a successful restore from data backups on a quarterly basis.
- Shall lead annual security training for all staff and District personnel and maintain all training records as required.
Staff and Faculty
-
- Shall be responsible for completing all security training assignments in a timely manner.
- Maintaining all data in their purview in the manner directed by the Data Protection Leader.
- Reporting security incidents and problems in accordance with District policies and procedures.
- Comply with the District data security policies and procedures.
Section 2. Framework
The District recognizes an effective data protection program is essential to protecting sensitive data and ensuring information technology enables a rich learning environment. The District Data Protection Leader is responsible for recommending and implementing appropriate controls to protect District information and resources. The data protection framework will employ a layered defense strategy with protocols to prevent, detect, and respond to potential threats. The core framework shall be implemented through a combination of Department people, processes, and technologies capable of meeting the requirements and standards. In addition, the Data Protection Leader will develop and maintain a District knowledge base that will act as a document and information repository for all District data protection related information. The following sections outline the core governance framework for the DDPP.
- Data Protection Governance Training
- Network Security Endpoint Security Application Security Data Security
- Identity & Access Management
Section 3. Data Protection Governance
The Data Protection Leader shall establish a governance structure to ensure the confidentiality, integrity, and availability of District systems and data. The Data Protection Leader shall maintain an electronic document repository with all required procedures, guidelines, and checklists including the following elements:
Data Protection Plan – Develop and implement a DDPP that provides an overview of District data protection requirements and describes the controls, responsibilities, and expected behavior of individuals who access various systems. It shall include a 1-page
training addendum outlining the training requirements, tools, and calendar. The Data Protection Leader shall update the DDPP annually.
Incident Response Plan – Develop and establish an incident response plan that provides a set of instructions to help staff detect, respond to, and recover from network security incidents and document the approved recovery process. The Data Protection Leader shall update the incident response plan annually.
Section 4. Training
The Data Protection Leader shall implement a district-cybersecurity training program that is comprised of static and interactive cybersecurity training. The program will be designed to deliver a yearly training program shall include at a minimum the following elements:
- Training Records for all events that track who took the training, how they performed during the training and any remedial actions that were required.
- Deliver an annual organization wide synchronous training identifying the following:
- The Data Protection Leader Critical program standards
- What to do in the event of a disaster or security incident
- Attendance will be included in the report
- Interactive Cybersecurity Training may include but is not limited to:
- Phishing testing
- Social engineering testing Games
- Awareness posters
- Integrated into in-service and continuing education processes
- Videos
Section 5. Network Security
The Data Protection Leader shall implement adequate policies, procedures, and technical controls to protect the security of the network to include the following elements at a minimum:
- Perimeter Security – Develop and deploy network security devices and tools in such a manner as to ensure District data is appropriately protected from unauthorized use or access.
- Network Design Documentation – Develop and update network diagrams as needed and should include the following information at a minimum:
-
- All entry points from the Internet
- All firewalls, switches, routers, and wireless access points
- Type, size, and bandwidth of all connections
- External IP address and Internal virtual local area networks (VLANs)
- Externally connected systems
- Firewall Security – Ensure the firewall configuration is documented and configured in accordance with District requirements. Policies for firewall rule changes, audit logging, and monitoring and managing perimeter and internal firewalls must be established and maintained at all times.
- Remote Access – Establish a secure process and deploy effective controls for remote access to District resources and. monitor remote access through approved monitoring tools to prevent unauthorized access.
- Router and Switch Security – Develop standards and configure routers and switches in accordance with best practices. Switch and router configurations shall be backed up as needed and routine audits should be conducted to ensure configurations are correct.
- Wireless Security – Enable and secure District wireless access points and networks in accordance with industry and manufacturer best practices.
- Internet Use – Will be monitored and manage in accordance with a District Internet Use policy and at a minimum filtered in accordance with legal requirements such as CIPA, HIPPA, etc.
- Network Monitoring – The District must maintain an appropriate network monitoring capability to detect, identify, respond, and recover from network security events.
- Vulnerability & Patch Management – The District must develop and maintain an effective vulnerability and patch management process. This process shall include capabilities to scan the network for vulnerabilities and ensure appropriate system/software patches have been implemented.
- Ports & Protocols – The District must develop and maintain a ports and protocols list to include permissible and blocked ports and protocols.
Section 6. Endpoint Security
The Data Protection Leader shall implement adequate policies, procedures, and technical controls that require endpoint device compliance before they are granted access to network resources. At a minimum the program will include:
- Mobile Device Management – Deploy network security devices and tools in such a manner to ensure District data is appropriately protected from unauthorized use or access and can be remotely managed.
- Anti-Virus Protection – Deploy effective anti-virus protection throughout the District. Update and monitor this program routinely.
- Vulnerability & Patch Management – Develop and maintain an effective vulnerability and patch management process. Include capabilities to scan endpoints for vulnerabilities and implement appropriate system/software patches.
- Endpoint Monitoring – Assess and deploy an endpoint solution that addresses malware exploits by observing attack techniques and behaviors. Coordinate enforcement with network and cloud security to prevent successful attacks.
Section 7. Application Security
The Data Protection Leader shall implement adequate policies, procedures, and technical controls that enable application security. At a minimum the program will include:
- Software Inventory – The Data Protection Leader shall develop and maintain a software inventory of applications, systems, and databases for the District.
- Application Access Management – The Data Protection Leader shall work with system owners to ensure appropriate application access controls are in place to protect information.
- Data at Rest – The Data Protection Leader shall implement data at rest controls as deemed appropriate in support of the District’s risk appetite.
Section 8. Data Security
The Data Protection Leader shall implement appropriate policies and technical and physical controls to protect sensitive data. The Data Protection Leader shall work with data owners to identify sensitive data and implement controls to allow for the timely detection, response, and recovery of unauthorized access or handling of sensitive data. At a minimum the program:
- Cloud Security – Shall develop and maintain a process for managing all cloud applications and identifying the types of data being stored.
- Data Backup – Shall develop, implement, and maintain data backup support based on coordinated Recovery Time Objectives (RTO) and Recovery Point Objectives (RPO) and outline off-site and off-line backup requirements.
- Data in Transit – Shall consider data in transit controls as deemed appropriate.
Account for and maintain the specific controls for externally managed systems accessed by the district in the normal course of business. Examples of this may include the Criminal Justice Information Services (CJIS) which requires the Data Protection Leader to work with a Local Agency Security Officer (LASO) to implement compliant security measures and procedures.
Section 9. Identity & Access Management
The Data Protection Leader shall implement adequate policies, procedures, and technical controls that comply with an established framework, such as NIST, and/or best practices. At a minimum the program will:
- User Management – Develop and maintain a directory service to manage user access to various IT resources such as systems, devices, applications, storage systems, and networks. The directory service and associated automation should enable admins to control user access and on-board and off-board users to and from IT resources. The directory service must authenticate, authorize, and audit user access to IT resources.
- Privileged Account Management – Ensure appropriate application/system access controls for various applications, systems, and network administrators.
- Least Privilege – Implement the principle of least privilege across the enterprise.
- Access Controls – Implement district-wide role-based access controls.
- Multi-Factor Authentication – Assess and deploy multi-factor authentication as deemed appropriate.
(cf. 1340 and AR 1340 - Access to District Records) (cf. 3580 and AR 3580 - District Records)
(cf. 3523 and AR 3523 - Employee Use of District Information Technology) (cf. 3523.1 and AR 3523.1 - Blogging)
(cf. 3523.2 and AR 3523.2 - Social Media Use) (cf. 4112.6 - Personnel Records)
(cf. 4119.23 - Unauthorized Release of Confidential Information) (cf. 4119.25 and AR 4119.25 - Political Activities of Employees)
(cf. 4419.5 - Electronic Communications Between Employees and Students) (cf. 5125 - Student Records)
(cf. 5145 - Anti-Bullying/Anti-Cyberbullying)
(cf. 6161.4 - Student Use of District Information Technology)
Legal References:
47 U.S.C. 201 et seq., Communications Decency Act of 1995, as amended.
20 U.S.C. 1232g., Federal Family Educational Rights and Privacy Act of 1974, as amended.
47 U.S.C. 231 et seq., Children’s Online Privacy Protection Act of 2000, as amended.
Adopted 4/2022
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3523 ELECTRONIC MAIL (E-Mail)
Electronic mail systems are provided to district staff for the purpose of professional communication. All district electronic mail systems are owned by the district and are intended for the purpose of conducting official district business only. District electronic mail systems are not intended for personal use by employees of the district and employees should have no expectation of privacy when using electronic mail systems.
The district retains the right to review, store, and disclose all information sent over the district electronic mail systems for any legally permissible reasons, including but not limited to determining whether the information is a public record, whether it contains information discoverable in litigation, and to access district information in the employee's absence.
Employees must exercise caution and good judgment in the use of the e-mail system. Electronic mail messages can be retrieved even if they are deleted and statements made in electronic mail communications can form the basis of various legal claims against the individual author or the district.
Definition of Electronic Mail
Electronic mail, or e-mail, is an electronic message that is transmitted between two or more computers or electronic terminals, whether or not the message is converted to hard copy format after receipt and whether or not the message is viewed upon transmission or stored for later retrieval.
Electronic mail includes all electronic messages that are transmitted through local, regional, or global computer networks.
Appropriate Use
- Users of district e-mail are responsible for their appropriate use.
- All illegal and improper uses, including but not limited to, pornography, obscenity, harassment, solicitation, gambling and violating copyright or intellectual property rights are prohibited.
- Use of the e-mail system for which the district will incur an expense without the expressed permission of a supervisor is prohibited.
- Electronic messages are not for private or confidential matters. Because there is no guarantee of privacy or confidentiality, other avenues of communication should be used for such matters.
- Except for directory information, student records will not be transmitted by electronic mail.
- Except as otherwise provided in this policy, district employees are prohibited from accessing another employee's electronic mail without the expressed consent of the employee.
Violations
District employees will be subject to disciplinary action for violation of this policy and regulation.
Public Records
Electronic mail sent or received by the School Board, the district, or the district's employees may be considered a public record subject to disclosure or inspection under the Alaska Public Records Act. All School Board and district electronic mail communications should be to ensure that all public electronic mail records are retained, archived, and destroyed in compliance with state law. The Superintendent or designee shall develop administrative regulations so that district personnel will know how public records are to be identified, maintained, and destroyed.
The custodian of records for the district will assist the public in locating any specific public electronic mail record requested and will ensure public access to public electronic mail records without unreasonable delay or cost.
(cf. 3580 - Business Records)
(cf. 9012 - Communications To and From the Board)
Legal Reference
ALASKA STATUTES
AS 40.25.110 - Public Records Open to Inspection and Copying
AS 40.25.120 - Public records; exceptions; certified copies AS 40.25.220 - Definitions
AS 40.21.010-.150 - Management and Preservation of Public Records
ALASKA ADMINISTRATIVE CODE
6 AAC 96.200 - Public Information Principles
Revised 1/03
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3530 RISK MANAGEMENT
The School Board desires to maintain a program of risk management to protect district property and resources against harm or loss by identifying risks and administering a program designed to minimize and/or prevent losses. The risk management schedule shall include, but not be limited to:
- Property Loss Insurance (buildings and equipment)
- Workers Compensation Insurance
- Liability Insurance
(cf. 4154 - Personnel Insurance/Health & Welfare Benefits) (cf. 5143 - Students/Insurance/Athletic Insurance)
The district officer responsible for the custody of district moneys and property shall be bonded as required by law. The School Board may require the bonding of employees holding positions which have extensive access to property and money.
The Alaska Statutes and Administrative Codes listed herein outline the minimum requirements.
Legal Reference:
ALASKA STATUTES
14.03.150 Property Insurance required
14.08.091 Organization; oath and bond. (Regional Education Attendance Areas)
14.11.011 Grant applications
14.12.115 Indemnification
14.14.020 Bond required
21.76.010-21.76-900 Joint insurance arrangements
ALASKA ADMINISTRATIVE CODE
4 AAC 31.200 Loss protection required 4AAC 31.205 Self-insurance programs 4 AAC 31.210 Deductible amounts
4 AAC 31.215 Proceeds
4 AAC 31.220 Proof of insurance
4 AAC 31.225 Failure to procure insurance
Revised: 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3540 TRANSPORTATION
The School Board desires to provide transportation for eligible students in accordance with state and federal law.
The goals of the transportation service are:
- to provide maximum safety for students between home and school and on school-sponsored trips.
- to promote desirable student behavior and respect for traffic safety.
- to provide assistance and transportation for students with disabilities.
- to provide transportation for field trips.
(cf. 3312 - Contracts)
(cf. 3541.5 - Alternative Transportation Arrangements)
When necessary, the School Board shall make available a boarding program for secondary students whose transportation needs make daily access to school impractical and who are not participating in an alternative educational program.
Charter School Transportation
The School Board recognizes that charter school students may benefit from transportation services. On a space available basis, charter school students may access school bus transportation on those regular school bus routes that run within the attendance area where the charter school is located.
Transportation access is subject to the following:
a. There must be adequate space available (seating) on the bus to accommodate the attendance area school students and additional charter school students. There must be adequate space on the bus schedule so that transportation to charter schools does not interfere with transportation to attendance area schools.
b. Charter school students may only access those school bus routes that are appropriate to their school level, i.e., elementary school, middle school or high school.
c. Charter school students who reside within a mile and a half of the charter school are not eligible for transportation unless they must cross a designated hazardous road area. Special education routes are not subject to the mile and a half restriction.
d. Charter school students must comply with all rules for safe and appropriate conduct while waiting for, boarding, riding, and exiting the bus, and while riding the bus. Charter school students are subject to the same sanctions as other students for bus violations.
e. Annually, the charter school must provide information to charter school families who are accessing school bus transportation about the district’s school bus rules.
.f. School bus transportation is not available to charter school students enrolled in charter schools identified as correspondence programs.
Annually, the Superintendent or designee shall communicate to the charter school the space"availability on applicable transportation route(s) and determine the transportation needs of charter school students. If the number of charter school students desiring transportation exceeds available space, the charter school is addressing ridership on a fair and the written process shall be provided to the district.
OPTIONAL: The district is not required to establish dedicated transportation routes for the exclusive use of charter school students, but may choose to do so.
A charter school desiring additional or dedicated student transportation may submit a written proposal to the Superintendent or designee. The proposal shall identify, at a minimum, student transportation needs, charter school funding available to support additional transportation, and the transportation routes and services being requested. The Superintendent will make a recommendation to the School Board to approve or deny the request. The Superintendent and the Board will consider the funding, equipment and personnel necessary to accommodate the requested transportation; the impact on operations of the district; the needs of the charter school and its students; equity with other charter schools and district alternative and optional programs; and the best interests of the district. The School Board will approve or deny the transportation request at a regularly scheduled meeting.
(cf. 6182 - Secondary Boarding Program) (cf. 6181 - Charter School)
(cf. 5112.6 – Education For Homeless Children and Children in Foster Care)
Legal Reference:
ALASKA STATUTES
14.09.010 Transportation of pupils
14.09.030 School buses
14.30.347 Transportation of exception children
ALASKA ADMINISTRATIVE CODE
4 AAC 09.050 Secondary Boarding Programs
4 AAC 27.006-990 Transportation
4 AAC 27.057 Charter school transportation policy Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3541 TRANSPORTATION ROUTES AND SERVICES
The School Board shall approve transportation routes and services based upon student needs and a continuing assessment of financial resources, including district funds and state reimbursements.
Districts will use the most cost efficient methods when developing and establishing regular and special education routes and engaging in other transportation related services. Transportation shall be provided for students living at least one and one-half miles from school. Special education routes will be established without regard to distance.
The Board may designate hazardous transportation routes within the minimum walking distance when such routes are unsafe.
Instead of extending existing transportation routes or establishing new routes, the District may establish in-lieu-of agreements to reimburse parents for transporting their children at approved rates and under approved conditions.
(Cf. 3540- Transportation)
The district will timely submit to the Department of Education and Early Development all transportation reports required by law.
All contracts for pupil transportation awarded by the School Board will be based on the competitive proposal process and meet minimum standards as required by law.
(cf. 3541.2 - Transportation for Special Education Students)
(cf. 3541.5 - Alternative Transportation Arrangements)
Legal Reference:
UNITED STATES CODE
49 U.S.C. §§ 30101, et seq.
ALASKA STATUTES
14.09.010 Transportation of pupils
ALASKA ADMINISTRATIVE CODE
4 AAC 27.006-27.951 Pupil transportation Revised 3/2015
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3541.1 SCHOOL-RELATED TRIPS
Trips by School Vehicles
Besides taking students to and from school, the Board may approve transportation for field trips and school-sponsored activities. The Superintendent or designee shall regulate the use of the district transportation, including vans, for approved school-related activities. Student councils, parent-teacher associations, and any other organizations requesting transportation shall be fully responsible for the costs of the trip. To the extent that funding has been approved by the Board, such costs may be charged to the district.
Transportation by Private Automobile
Private automobiles shall not be used to transport students on any school-related trips.
Owners, drivers and passengers shall be informed that the registered owner and his/her insurance company are responsible for any accidents which may occur. District personnel who frequently transport students in their private vehicles are urged to carry liability insurance of $1,000,000 or more per occurrence.
A seat belt must be provided for each passenger. Trucks and pickups may not transport more persons than can safely sit in the passenger compartment.
Owners furnishing private vehicles shall not accept reimbursement from passengers in excess of the cost of operating the vehicle. Reimbursement for the use of private transportation may be made from district funds.
Transportation by other private means (boat, ATV, off-road vehicles, snow machines)
The Superintendent or designee may authorize the transportation of students by other private means for approved field trips and activities when an adult registered with the district for such purposes operates the vehicle. Operators shall be issued safety instructions and emergency information.
Operators must abide by the specific vehicle safety ratings such as passenger capacity, maximum speed and required safety equipment (helmets, life jackets, etc.)
All student passengers shall provide permission slips signed by their parents/guardians. Operators shall be required to possess a valid driver's license and liability insurance of at least $100,000 per occurrence.
(cf. 6153 - School-sponsored Trips)
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3541.2 TRANSPORTATION FOR CHILDREN WITH DISABILITIES
The School Board recognizes its responsibility to provide transportation services that give students with disabilities access to appropriate education programs and services. The district shall provide transportation for students with disabilities in accordance with needs specified in their Individualized Education Program (IEP).
In selecting the most appropriate mode of transportation, IEP teams shall consider the student's unique safety and health needs, the availability of equipment, existing transportation schedules and the extent to which transportation arrangements may help the student develop independent mobility skills.
Whenever possible, children with disabilities shall be transported with students without disabilities.
(cf. 3540 - Transportation)
(cf. 3541.5 - Alternative Transportation Arrangements) (cf. 6172 - Special Education)
Legal Reference:
ALASKA STATUTES
14.30.278 Individualized education program
14.30.347 Transportation of exceptional children ALASKA ADMINISTRATIVE CODE
4 AAC 52.730 State aid for transportation
4 AAC 27.021 Establishment of special education routes Revised 3/2015
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3541.5 ALTERNATIVE TRANSPORTATION ARRANGEMENTS
The Superintendent or designee may create reimbursement agreements with parents/guardians in lieu of district transportation when it is more economical to do so.
The Superintendent or designee will obtain the parent/guardian’s acknowledgement to confirm alternative transportation/education arrangements when a student’s designated travel time exceeds 2 hours per day.
(cf. 6181 - Correspondence Study Program)
(cf. 6182 - Secondary Boarding Program)
Legal Reference:
ALASKA STATUTES
14.09.010 Transportation of pupils
14.30.347 Transportation of exception children
ALASKA ADMINISTRATIVE CODE
4 AAC 09.050 Secondary Boarding Programs
4 AAC 27.990 Definitions
4 AAC 27.032 In-lieu-of agreements Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3542 ROLES AND DUTIES OF BUS DRIVERS
Authority of School Bus Drivers
Students transported in a school bus shall be under the authority of, and responsible directly to, the driver of the bus. The driver shall be held responsible for the orderly conduct of the students while they are on the bus or being escorted across a street, highway or road.
(cf. 5131.1 - Bus Conduct)
All bus drivers shall receive training as mandated by law. They also shall be familiar with and adhere to district policies and regulations relating to student transportation.
Bus drivers are prohibited from utilizing a cell phone or other portable electronic device to read or type text messages or other non-voice communications while driving.
Legal Reference:
ALASKA STATUTES
28.15.046 Licensing of school bus drivers
28.35.161 Use of electronic devices while driving; unlawful installation of television, monitor, or similar device
ALASKA ADMINISTRATIVE CODE
4 AAC 27.200 Approved school bus driver training courses 4 AAC 27.210 Certification of instructors
4 AAC 27.220 Minimum standards for school bus driver training courses
4 AAC 27.230 Issuance of school bus driver certificates under 4 AAC 27.200(c) 4 AAC 27.235 Revocation of school bus driver training course approval
4 AAC 27.240 Revocation of instructor certificate Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3543 TRANSPORTATION: EMERGENCY AND SAFETY PROCEDURES
The School Board places a high priority on student safety and believes that student instruction in safe riding practices and emergency procedures appropriate for the type of conveyance, territory, and weather conditions, may lessen the risk of serious injury. The district shall provide instruction on safe boarding, riding, exiting, and emergency procedures to students who are transported by bus and shall conduct school bus drills. The Superintendent or designee shall inform parents/guardians of district safety precautions and encourage their support and participation as appropriate.
(cf. 5131.1 - Bus Conduct)
Legal Reference:
ALASKA STATUTES
14.09.030 School buses Revised 9/99
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3550 FOOD SERVICE
The School Board recognizes that students need adequate, nourishing food in order to grow, learn, and to give a good foundation for their future physical well-being. The Board may provide for a food service program based on regular lunch service and include other snack and breakfast programs as the needs of the students and the financial capacity of the district permit. The Board recognizes that breakfast, lunch and other nutrition programs are an important complement to the nutritional responsibilities of parents/guardians.
The Board believes that:
- Foods and beverages available on school premises should contribute to the nutritional well- being of students and meet the nutritional criteria of the applicable child nutrition program operating in the District. Nutrition programs must comply with applicable state and federal law.
- Foods can help students and families feel comfortable in the school. The District may include cultural and subsistence foods if available and can be served in compliance with school safety and nutritional programs.
- Foods and beverages available should be considered as carefully as other educational support materials as they can serve to build cultural connectedness for students.
- Foods and beverages should be prepared in ways which will appeal to students while retaining nutritive quality.
- To further Alaskan values, food and beverages should be prepared and served in ways that reduce waste.
- Food should be served in quantities appropriate to the needs of students at their age level and served in as pleasant and relaxed an atmosphere as possible, with adequate time for students to eat and travel to and from the cafeteria.
- Schools are encouraged to assess common eating habits and eating times to establish appropriate meal and snack times.
- Foods grown in the state provide nutritional, environmental, and economic benefits and should be utilized in the district's food service program to the extent feasible.
- The District and its schools will have food safety plans and written guidance for procuring, receiving, and preparing subsistence foods harvested and donated to the school.
- The District will include subsistence foods as a part of the nutritional and dietary guidelines for Americans.
The Superintendent or designee will oversee the development of a written food safety program for each food preparation and serving facility in the district, as required by law. Foods and beverages will be stored, prepared and served in accordance with food safety regulations in order to prevent or reduce the risk of food-borne illness among students.
Qualified and trained food service personnel are critical to a healthy and safe food service program.
The Superintendent or designee shall hire qualified personnel and/or an independent contractor, taking into consideration professional standards required by law, and will ensure that continuing education and training is provided to food service personnel in compliance with applicable state and federal standards.
(cf. 4131 – Staff Development)
The School Board intends that, insofar as possible, the school food services program shall be self- supporting and may include foods from school gardens, greenhouses and farms. The Board shall review and approve of menu prices. Program financial reports shall be presented regularly for inspection by the Board.
(cf. 3554 – Other Food Sales)
(cf. 5040 – Student Nutrition and Physical Activity)
(cf. 6163.4 – School Gardens, Greenhouses and Farms) Legal Reference:
UNITED STATES CODE
Richard B. Russell National School Lunch Act, 42 U.S.C. 1751-1769j
Child Nutrition Act of 1996, 42 U.S.C. 1771-1793
CODE OF FEDERAL REGULATIONS
7 C.F.R. Parts 210, 220, and 235 National School Lunch Program and Breakfast Program
FEDERAL REGISTER
Professional Standards for State and Local School Nutrition Programs Personnel as Required by the Healthy, Hunger-Free Kids Act of 2010, Vol. 80, No. 40 and No. 88 (2015)
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3553 FREE AND REDUCED PRICED MEALS
The School Board desires to provide meals of the proper quality and amount for good nutrition to eligible students by participating in the national school breakfast and lunch programs where feasible.
(cf. 5040 - Student Nutrition and Physical Activity)
Eligibility for free or reduce priced meals shall be based on federal regulations. Parents/guardians shall be informed of the district policy and regulations concerning free or reduced priced meals.
All applications and records related to eligibility for the free or reduced price meal program shall be confidential.
(cf. 1340 - Access to District Records) (cf. 5125 - Student Records)
Children eligible for free or reduce priced meals and milk shall not be treated differently from other children and shall have the same choice of meals or milk that is available to those children who pay the full price. There shall be no overt identification of any of the children by the use of special tokens or tickets or by any other means. The children shall not be required to work for their meals or milk, use a separate dining area or entrance, or consume their meals or milk at a different time.
Legal Reference:
FEDERAL REGISTER
Nutrition Standards for All Foods Sold in Schools ("Smart Snacks in School"), Vol. 78,
No. 125, Part II, Department of Agriculture (2013)
Revised 4/2014
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3554 OTHER FOOD SALES
The Board believes that all food available at school should contribute to the development of sound nutritional habits and should reflect concern for the health and well-being of our students.
During School Day
Between the hours of 12:00 AM and 30 minutes after the conclusion of the instructional day, the Superintendent or designee may permit food and beverage sales by student or adult entities or organizations provided that these sales meet the requirements of the National School Lunch Act, Nutrition Standards for All Foods Sold in Schools, also known as Smart Snacks in School, or other District programs, do not impair the food service's ability to be financially sound, and observe appropriate sanitation and safety procedures.
(cf. 5040 – Student Nutrition and Physical Activity)
(cf. 6163.4 – School Gardens, Greenhouses and Farms)
Outside of School Day
From 30 minutes after the conclusion of the instructional day until 12:00 AM, the Superintendent or designee may permit food and beverage sales by student or adult entities or organizations provided that these sales comply with state and federal regulations and observe appropriate sanitation and safety procedures.
(cf. 1321 - Solicitations of Funds from and by Students)
Legal Reference:
UNITED STATES CODE
Richard B. Russell National School Lunch Act, 42 U.S.C. 1751-1769j
Child Nutrition Act of 1996, 42 U.S.C. 1771-1793
CODE OF FEDERAL REGULATIONS
7 C.F.R. Parts 210 and 220, National School Lunch Program and Breakfast Program FEDERAL REGISTER
Nutrition Standards for All Foods Sold in Schools (“Smart Snacks in School”), Vol. 78, No. 125, Part II, Department of Agriculture (2013)
Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3580 DISTRICT RECORDS
School district records shall be developed, maintained and disposed of according to the requirements of federal and state laws and regulations. Records, regardless of format, should remain accessible and durable for their prescribed retention period. Electronic records, including email, should be administered under operating policies and procedures, ideally in an unaltered format, to ensure that the records remain authentic and trustworthy for their full retention period.
The Superintendent or designee shall undertake the preservation and retention of records and data, including electronically stored information, when there becomes a likelihood that potential litigation will occur.
Irreplaceable, vital school district records must be protected against destruction in the event of a fire, flood, earthquake, terrorist act or other disaster. Vital records are those containing critical information essential to the continuity of operations, or the protection of the rights and interests of the school district, its students, and staff. The Superintendent or designee shall identify vital records and implement measures to ensure that these documents are preserved.
The School Board authorizes the destruction of records having no legal or administrative value or historical interest, following retention for those periods described in the records retention schedule.
The Superintendent or designee shall establish administrative regulations in accordance with AS 40.21.070 so that district personnel will know how district records are to be maintained or destroyed. The regulations shall include retention periods for district records, as appropriate to the record involved.
(cf. 1340 - Access to District Records)
(cf. 4112.6/4212.6/4312.6 - Personnel Records)(cf. 5125 - Student Records) Legal Reference:
ALASKA STATUTES
40.25.120-40.25.220 Public Records Act
14.03.115 Parental Access
14.17.910 Restrictions governing receipt and expenditure of money from public school foundation account
40.21.010-40.21.140 Public records ALASKA CONSTITUTION
art. 1, sec. 22, Right to Privacy
UNITED STATES CODE
5 U.S.C. § 552a – Privacy Act
20 U.S.C. § 1232g & 34 CFR Part 99 – Family Educational Rights & Privacy Act Revised 10/2021
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual
BP 3590 ELECTRONIC SIGNATURES
District Use of Electronic Signatures
When not practical or possible to have an approved individual physically sign a document, and not otherwise prohibited by applicable law, the Board authorizes the use of electronic signatures.
Electronic signatures may satisfy the requirement of a written signature when transacting business with and/or for the District and/or with parents/guardians when the authenticity and reliability of such electronic signature(s) meets the provisions of this policy. In such instances, the electronic signature shall have the full force and effect of a manual signature.
The Superintendent or designee will identify methods that are secure and practical, and in compliance with State and Federal law and the District’s procedures. An “electronic signature” is defined as an electronic sound, symbol, or process attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record.
In order to qualify for acceptance of an electronic signature the following additional requirements are applicable:
- The electronic signature identifies the individual signing the document by his or her name and title;
- The identity of the individual signing the document with an electronic signature is capable of being validated through the use of an audit trail;
- The electronic signature, as well as the documents to which it is affixed, cannot be altered once the electronic signature is affixed. If the document needs to be altered, a new electronic signature must be obtained; and,
- The electronic signature conforms to all other provisions of this policy.
The District shall maintain District electronically signed records in a manner consistent with the District’s document retention policies yet also capable of accurate and complete reproduction of the electronic records and signatures in their original form. Such retention should include a process whereby the District can verify the attribution of a signature to a specific individual, detect changes or errors in the information contained in the record submitted electronically and protect and prevent access and/or manipulation or access/use by an unauthorized person.
The District shall maintain a hardcopy of the actual signature of any District employee authorized to provide an electronic signature in connection with school board business.
Abuse of the electronic signature protocols by any District employee serves as grounds for disciplinary action up to and including termination.
Parent/Student Use of Electronic Signatures
With regard to documentation received by the District with an electronic signature from a parent/legal guardian, so long as the following provisions are met, the District may receive and accept such electronic signature as an original document:
-
- Such communication with signature, on its face, appears to be authentic and unique to the person using such signature;
- The District is unaware of any specific reason to believe that the signature has been forged;
- The District is unaware of any specific reason to believe the document has been altered subsequent to the electronic signature; and
- The signature is capable of verification.
The District’s Superintendent or designee may, at their discretion, request that an original of the electronic communication, signed manually by hand, be forwarded to the District in a timely manner.
District personnel may periodically audit the authenticity of such signature via a security procedure including such acts as making follow-up inquiry to the individual/entity who has submitted an electronic signature.
Should it be discovered that a student has falsified a parent’s electronic signature on an official District document, the student may be subjected to discipline and the District Administration is authorized, at their discretion, to thereafter only accept manual signatures associated with any submitted school document.
(cf. BP 3523 – Electronic E-mail) (cf. BP 6161.4 – Internet)
(cf. BP 3580 – District Records)
Legal Reference:
ALASKA STATUTES
09.80.010 - .195 Alaska Uniform Electronic Transactions Act
Adopted 4/2022
9/92
Adopted: 2/21/2023
YFSD Policy Reference Manual