ESCONDIDO UNION SCHOOL DISTRICT 2310 ALDERGROVE AVE. ESCONDIDO, CA BOARD OF EDUCATION MEETING

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1 ESCONDIDO UNION SCHOOL DISTRICT 2310 ALDERGROVE AVE. ESCONDIDO, CA BOARD OF EDUCATION MEETING CLOSED SESSION: The Board of Education will meet in Closed Session to consider matters of litigation, employee negotiations, student discipline, personnel, or real estate negotiations authorized by the Brown Act. A report of action(s) taken in Closed Session will be presented as an item on the Public Session Agenda. ACCOMMODATIONS: The meetings are held in a facility accessible to persons with disabilities. In compliance with the Americans with Disabilities Act, if you need a special accommodation to participate, please contact the Superintendent s office at (760) within five workdays of the posted meeting date. Spanish language translation is available. POSTING REQUIREMENTS: The agenda and all printed backup is available on the district web site: In the event that the backup is too large to be printed in volume or to be included on the web site, the agenda will indicate the document(s) is available at the Carilyn Gilbert Education Center for public review. Pursuant to Government Code , all backup not available at the time of distribution of the agenda, but later is provided to members of the Board of Education between the date of distribution of the agenda and the meeting, will be posted on the district web site: PUBLIC COMMENTS: The public may address the board regarding an agenda item or another topic that lies within the board s jurisdiction. Persons wishing to address the board should complete a Request to be Heard card located on the table at the entrance to the board room. Prior to the opening of the meeting, place completed card at the recording secretary s work station. Please be apprised that the regular meetings may be audio and/or videotaped. Board policy limits oral presentation to three minutes or less. The board shall limit the total time for public input on each item to 20 minutes. The Board of Education is prohibited by law from taking action on matters discussed that are not on the agenda. Please note that once the public hearing is closed, only the board and district administrative staff participates in subsequent discussions. CELL PHONES: As a courtesy to all meeting attendees, please set cellular phones to silent mode and engage in conversations outside the meeting room.

2 ESCONDIDO UNION SCHOOL DISTRICT BOARD OF EDUCATION REGULAR BOARD MEETING Date: 7/26/2012 Location: GCEC Board Room AGENDA 6:00 PM Call to Order 6:01 PM Closed Session 7:00 PM Open Session A PRELIMINARY FUNCTIONS 6:00 PM 1. CALL TO ORDER: Public Comments Regarding Closed Session Items 2. CLOSED SESSION 6:01 PM 100 SUPERINTENDENT S OFFICE 101 Superintendent s evaluation (GC 54957) 200 HUMAN RESOURCES 201 Certificated Personnel Order appointments, transfers, resignations, and/or reassignments (GC 54957) 202 Classified Personnel Order appointments, transfers, resignations, and/or reassignments (GC 54957) 203 Public employee discipline/dismissal/release (GC ) 204 Conference with district negotiator, Bob Leon, Deputy Superintendent, Human Resources (GC ) B REGULAR MEETING/OPEN SESSION 7:00 PM 1. RECONVENE REGULAR BOARD MEETING/CALL TO ORDER Reaffirm board s operational protocols 2. PLEDGE OF ALLEGIANCE 3. MEMBERS IN ATTENDANCE Carpenter Gilbert Gardner Hranek Woods 4. REPORT OUT OF CLOSED SESSION 5. APPROVAL OF AGENDA Make corrections, remove items, rearrange order, and/or approve agenda. Motion by, second by, Vote 6. APPROVAL OF MINUTES Approve the minutes of the regular board meeting of June 28, Motion by, second by, Vote 1

3 C RECOGNITIONS None D COMMUNICATIONS 7:05 PM 1. PUBLIC COMMENTS 2. PUBLIC HEARINGS None 3. WRITTEN COMMUNICATIONS E F PRESENTATIONS/REPORTS None DISCUSSION/INFORMATION ONLY None G DISCUSSION AND/OR ACTION 7:10 PM 300 EDUCATIONAL SERVICES 301 Discuss and approve the Consolidated Application for Funding Categorical Aid Programs, Spring 2012 (Phase 1), which is pending final certification by the California Department of Education. Further authorize the superintendent or her designee to execute the necessary documents related to contracts for the provision of staff development for, private schools. The application is available for viewing in the Title I office. Motion by, second by, Vote H BOARD POLICIES AND/OR REGULATIONS FIRST READINGS 7:15 PM 400 SPECIAL EDUCATION 401 First reading of BP , Head Lice, new. 500 BUSINESS SERVICES 501 First reading of BP/AR 3514, Environmental Safety, revised. 502 First reading of BP/AR , Recovery for Property Loss or Damage, revised. 503 First reading of BP/AR 3580, District Records, revised. I BOARD & STAFF REPORTS 7:25 PM 1. MEMBER S REPORT 2. PRESIDENT S REPORT 3. SUPERINTENDENT S REPORT 4. CABINET ANNOUNCEMENTS J CONSENT ITEMS 7:35 PM All matters on the consent agenda are considered to be routine and will be enacted by one action. There is usually no discussion prior to the action unless a board 2

4 member requests the removal of an item(s) for discussion and separate action. It is recommended the board take the following action: 200 HUMAN RESOURCES 201 Approve Certificated Personnel order Approve Classified Personnel Order Approve public employee discipline/dismissal/release. 204 Approve addendum with School Services of California, waiving the professional liability insurance requirement. 300 EDUCATIONAL SERVICES 301 Approve resolution authorizing Paula Pendell, Coordinator, to sign legal documents pertaining to the State Preschool program for the fiscal year. 302 Approve the agreement with San Diego County Superintendent of Schools so district schools may participate in the Outdoor Education Programs during Accept the quarterly report from June 2012 reflecting that EUSD received no complaints on instructional materials, facilities issues, or teacher vacancy/misassignments pertaining to Williams Settlement. 304 Approve the independent contractor agreement with Education Associates for middle school Power Literacy and Power Literacy ELD curriculum, assessments, and professional development, at a cost of $180,000 paid with district Title II funds. 305 Approve the independent contractor agreement with educational consultant Carolyn Moshier, for services during the school year, at a cost of $78,000 paid with district Title II and Pioneer QEIA funds. 306 Approve the independent contractor agreement with Transformative Inquiry Design for Effective Schools and Systems (TIDES) to provide external provider support from August 2012 to June 2013, as required by the Felicita School Improvement Grant, at a cost of $75,000, paid with SIG funds. 307 Approve the interagency agreement with the California Center for the Arts, Escondido to provide the Visual Thinking Strategies (VTS) program from August 20, 2012, through June 30, 2015, and authorize the superintendent or her designee to sign documents. All costs incurred will be paid through the CCAE grant. 400 SPECIAL EDUCATION 401 Approve contract with the San Diego Police Foundation for the 3

5 implementation of SafetyNet: Smart Cyber Choices assemblies to fifththrough eighth-grade students at Escondido Union School District schools, at no cost to the district. 402 Approve contract with the American Program Bureau for a keynote presentation by Rafe Esquith at the staff back-to-school event on Wednesday, August 15, 2012, to further support the district s It Begins with ME! campaign, at a cost not to exceed $8, Approve contract with Paige Marketing Communications Group, Inc. to serve as marketing/advertising outreach consultants for the CARE Youth Project funded through the Safe Schools/Healthy Students Initiative grant, at a cost not to exceed $10, Conduct a second reading/approval on new BP 5131, Bullying. 405 Ratify addendum to the contract between the district and Practi-Cal, Inc., formerly known as School Business Services of California (SBSC), to include Medi-Cal Administrative Activities program services provided by contractor between July 1, 2005, and June 30, BUSINESS SERVICES 501 Approve agreement with Architects Gallegos + Eckle, Inc. dba Alpha Studio Design Group for architectural services related to a structural review of Pioneer, Conway, and Miller Schools in relation to Assembly Bill 300 legislation. 502 Approve agreement with the Utah State Dietetic Internship Program to provide a dietetic intern to the Nutrition Services Department, at no cost to the district. 503 Approve addendum to the agreement with Dolinka Group LLC for redevelopment consulting services. 504 Approve addendum to the contract with Habitat Restoration Sciences, Inc. for additional scope of work for landscape mitigation implementation and maintenance services for the Reidy Creek School site. 505 Ratify the addition of a transportation scheduling software module for the Special Education Department to the terms and use agreements with SchoolDude; authorize the superintendent or her designee to execute/sign any necessary documents. 506 Approve district participation in the next County Cooperative Auction and/or use of the Public Surplus Auction website to dispose of surplus property; further approve the disposal of any surplus property that the district is unable to sell. 507 Accept with thanks cash donations in the amount of $33, and donations 4

6 of materials to Escondido Union School District pursuant to Education Code 41032(a) for the period 6/14/12 through 7/11/ Approve purchase orders for the period 6/10/12 through 7/7/12 in the amount of $6,462, Approve Nutrition Services financial report for May Approve commercial warrant register for June 2012 in the amount of $6,789, Motion by, second by, Vote K ANNOUNCEMENT OF NEXT MEETING 7:38 PM The next regularly scheduled board meeting will be held on August 8, 2012, in the board room at the Escondido Union School District, Carilyn Gilbert Education Center, located at 2310 Aldergrove Ave., Escondido, CA L ADJOURNMENT 7:40 PM Adjourn at p.m. Motion by, second by, Vote 5

7 To: Board of Education Meeting Date: 7/26/2012 From: Jennifer Walters, Superintendent Subject: Superintendent s Evaluation Agenda Item Number: A101 Item Category: A. Closed Session Minutes Requested: Documents Submitted for Signature: Qty. Copies/Sets for Signature _ Recommendation: Superintendent s evaluation (GC 54957) Background/Summary: Fiscal Impact/Funding: Staffing Implications: Form Revised 6/26/ Motion By: Second By: Vote:

8 To: Board of Education Meeting Date: 7/26/2012 From: Bob Leon, Deputy Supt., Human Resources Subject: Certificated Personnel Order Agenda Item Number: A201 Item Category: A. Closed Session Minutes Requested: Documents Submitted for Signature: Qty. Copies/Sets for Signature _ Recommendation: Certificated Personnel order appointments, transfers, resignations, and/or reassignments (GC 54957) Background/Summary: None Fiscal Impact/Funding: None Staffing Implications: None Form Revised 6/26/ Motion By: Second By: Vote:

9 To: Board of Education Meeting Date: 7/26/2012 From: Bob Leon, Deputy Supt., Human Resources Subject: Classified Personnel Order Agenda Item Number: A202 Item Category: A. Closed Session Minutes Requested: Documents Submitted for Signature: Qty. Copies/Sets for Signature _ Recommendation: Classified Personnel Order appointments, transfers, resignations, and/or reassignments (GC 54957) Background/Summary: None Fiscal Impact/Funding: None Staffing Implications: None Form Revised 6/26/ Motion By: Second By: Vote:

10 To: Board of Education Meeting Date: 7/26/2012 From: Bob Leon, Deputy Supt., Human Resources Agenda Item Number: A203 Subject: Public employee discipline/dismissal/release. Item Category: A. Closed Session Minutes Requested: Documents Submitted for Signature: Qty. Copies/Sets for Signature _ Recommendation: Public employee discipline/dismissal/release (GC ) Background/Summary: None Fiscal Impact/Funding: None Staffing Implications: None Form Revised 6/26/ Motion By: Second By: Vote:

11 To: Board of Education Meeting Date: 7/26/2012 From: Bob Leon, Deputy Supt., Human Resources Subject: Negotiations Agenda Item Number: A204 Item Category: A. Closed Session Minutes Requested: Documents Submitted for Signature: Qty. Copies/Sets for Signature _ Recommendation: Conference with district negotiator, Bob Leon, Deputy Superintendent, Human Resources (GC ) Background/Summary: None Fiscal Impact/Funding: None Staffing Implications: None Form Revised 6/26/ Motion By: Second By: Vote:

12 To: Board of Education Meeting Date: 7/26/2012 From: Leila Sackfield, Asst. Supt., Educational Services Subject: Consolidated Application for Funding Categorical Aid Programs, Spring 2012 (Phase 1) Agenda Item Number: G301 Item Category: G. Discussion And/Or Action Minutes Requested: 5 Documents Submitted for Signature: Qty. Copies/Sets for Signature _ Recommendation: Discuss and approve the Consolidated Application for Funding Categorical Aid Programs, Spring 2012 (Phase 1) which is pending final certification by the California Department of Education. Further authorize the superintendent or her designee to execute the necessary documents related to contracts for the provision of staff development for private schools. The application is available for viewing in the Title I office. Background/Summary: The district must annually apply to the California Department of Education for continued participation in the state and federally funded consolidated categorical programs. We have applied for funding for the following programs in : Economic Impact Aid; Title I, Part A, Basic Grant; Title II, Part A, Teacher Quality; and Title III, Part A, LEP Students. Fiscal Impact/Funding: Entitlements and allocations for each consolidated categorical program are contained within the application. Staffing Implications: None. Form Revised 6/26/ Motion By: Second By: Vote:

13 To: Board of Education Meeting Date: 7/26/2012 From: Kelly Prins, Asst. Supt., Special Education/PPS Tracy Schmidt, Clinical Coordinator, CARE Youth Project Agenda Item Number: H401 Subject: New BP , Head Lice Item Category: H. Board Policies - First Readings Minutes Requested: Documents Submitted for Signature: Qty. Copies/Sets for Signature _ Recommendation: Conduct a first reading of new BP , Head Lice. Background/Summary: The American Academy of Pediatrics, the Centers for Disease Control and Prevention, the California Department of Health Services, and the California School Nurses Organization have updated their recommendations and issued position statements reflecting the management of head lice. Based on an analysis of scientific and medical evidence, it is the position of these groups that children with nits (not active, adult lice) are not contagious. Therefore, in order to minimize the disruption of the educational process, the groups now recommend that students with nits be allowed to remain in school and that students with active, adult lice be referred to their parents for treatment. CSBA has revised its sample board policy BP , Head Lice, for consistency with these updated recommendations. Fiscal Impact/Funding: None Staffing Implications: None Form Revised 3/12/2012 Motion By: Second By: Vote: 7

14 Students BP (a) HEAD LICE The Board of Education believes that the district's head lice management program should emphasize the correct diagnosis and treatment of head lice in order to minimize disruption of the education process and to reduce the number of student absences resulting from infestation. In consultation with the school nurse, the superintendent or designee may establish a routine screening program to help prevent the spread of head lice. School employees shall report all suspected cases of head lice to the school nurse or designee as soon as possible. The nurse or designee shall examine the student and other students who are siblings of the affected student or members of the same household. If a student is found with active, adult head lice, he/she shall be excluded from attendance. The parent/guardian of an excluded student shall receive information about recommended treatment procedures and sources of further information. The student shall be allowed to return to school the next day and shall be checked by the nurse or designee before returning to class. Once he/she is determined to be free of lice, the student shall be rechecked weekly for up to six weeks. (cf Health Examinations) (cf School Health Services) The superintendent or designee shall send home the notification required by law for excluded students. (Education Code 48213) (cf Exclusions from Attendance) (cf Parental Notifications) The principal and school nurse shall work with the parents/guardians of any student who has been deemed to be a chronic head lice case in order to help minimize the student's absences from school. (cf Absences and Excuses) (cf Truancy) When a student in any class has been identified as having a head lice infestation, all students in the class shall be examined. In consultation with the school nurse, the principal may also send information about head lice home to all parents/guardians of the students in that class. (cf Student Records) Staff shall maintain the privacy of students identified as having head lice and excluded from attendance. (cf / / Unauthorized Release of Confidential/Privileged Information) 8

15 Students BP (b) HEAD LICE Legal Reference: EDUCATION CODE Persons excluded Physical examinations: parent's refusal to consent Management Resources: AMERICAN ACADEMY OF PEDIATRICS Lice, Nits, and School Policy, Official Journal of the American Academy of Pediatrics, May 2001 CALIFORNIA DEPARTMENT OF PUBLIC HEALTH PUBLICATIONS Guidelines on Head Lice Prevention and Control for School Districts and Child Care Facilities, 2009 CALIFORNIA SCHOOL NURSES ORGANIZATION Position Statement: Pediculosis Management, 2005 WEB SITES California Department of Public Health: California School Nurses Organization: Centers for Disease Control and Prevention, Parasitic Disease Information, Head Lice: Policy ESCONDIDO UNION SCHOOL DISTRICT adopted: First Reading: July 26, 2012 Escondido, California 9

16 To: Board of Education Meeting Date: 7/26/2012 From: Gina Manusov, Asst. Supt., Business Services Subject: First Reading BP/AR 3514 Agenda Item Number: H501 Item Category: H. Board Policies - First Readings Minutes Requested: Documents Submitted for Signature: Qty. Copies/Sets for Signature _ Recommendation: First reading of BP/AR 3514, Environmental Safety, revised. Background/Summary: The California School Boards Association s recommended revisions to this board policy expand the material regarding facilities inspection, development of a comprehensive plan to address environmental hazards, collaboration in the development of strategies, staff development, and notifications. The list of strategies has also been expanded to include response to poor outdoor air quality, limitation on school bus idling, inspection and abatement of naturally occurring asbestos, proper storage, use, and disposal of hazardous substances, and food safety procedures. Recommended revisions to the administrative regulation add language regarding designation of a district coordinator, expands sections on indoor air quality, lead exposure reduction, and asbestos management, and adds new sections on outdoor air quality and vehicle idling. Fiscal Impact/Funding: None Staffing Implications: None Form Revised 6/26/ Motion By: Second By: Vote:

17 Business and Noninstructional Operations BP 3514(a) ENVIRONMENTAL SAFETY The Board of Education recognizes its obligation to provide a safe and healthy environment at school facilities for students, staff, and community members. The superintendent or designee board shall regularly assess school facilities to identify environmental health risks. He/she shall establish a comprehensive plan to prevent and/or mitigate environmental hazards based on a consideration of the proven effectiveness of various options, anticipated short-term and long-term costs and/or savings to the district, and the potential impact on staff attendance, student attendance, and student achievement and address potential risks to health and the environment and shall ensure that environmental resources are used in a responsible manner. (cf Goals for the School District) (cf Williams Uniform Complaint Procedures) (cf Tobacco-Free Schools) (cf Hazardous Substances) (cf Emergencies and Disaster Preparedness Plan) (cf Earthquake Emergency Procedure System) (cf / / Exposure Control Plan for Bloodborne Pathogens) (cf / / Universal Precautions) (cf Facilities Inspection) (cf. 4157/4257/ Employee Safety) (cf Student Wellness) (cf Safety) (cf Toxic Art Supplies) (cf Evaluating Existing Buildings) (cf Site Selection and Development) The superintendent or designee shall establish regulations to prevent and/or reduce environmental hazards in accordance with law and state guidelines. Strategies addressed in the district s plan shall include, but not necessarily be limited to, the following: 1. Ensuring good indoor Considering air quality by maintaining adequate ventilation; using effective maintenance operations to reduce dust, mold, mildew, and other indoor air contaminants; and considering air quality in the site selection, design, and furnishing in the siting and architectural design of new or remodeled facilities and in the selection of building materials and furnishings, and taking steps to reduce indoor air contaminants in maintenance operations (cf Tobacco-Free Schools) (cf Asthma Management) (cf Animals at School) (cf Site Selection and Development) 11

18 Business and Noninstructional Operations BP 3514(b) ENVIRONMENTAL SAFETY (continued) 2. Limiting outdoor activities when necessary due to poor outdoor air quality, including excessive smog, smoke, or ozone, or when ultraviolet radiation levels indicate a high risk of harm (cf Emergency Schedules) (cf Sun Safety) (cf Physical Education) 3. Reducing exposure to diesel exhaust and other air contaminants by limiting unnecessary idling of school buses and other commercial motor vehicles (cf Transportation) (cf Transportation for School-Related Trips) (cf School Bus Drivers) 4. Minimizing the exposure to lead in paint, soil, or and drinking water, especially in areas accessible to very young children 5. Inspecting and testing facilities for naturally occurring asbestos and asbestoscontaining building materials that pose a health hazard due to damage or deterioration and safely removing, encapsulating, enclosing, or repairing such materials and protecting persons during encapsulation and removal of any asbestos 6. Ensuring the proper storage, use, and disposal of potentially hazardous substances (cf Hazardous Substances) (cf Toxic Art Supplies) 7. Ensuring the use of effective least toxic pest management practices at all district schools (cf Integrated Pest Management) 8. Instituting a food safety program for the storage, preparation, delivery, and service of school meals in order to reduce the risk of foodborne illnesses (cf Food Service/Child Nutrition Program) In developing strategies to promote healthy school environments, the superintendent or designee may consult and collaborate with local environmental protection agencies, health agencies, and other community organizations. (cf Youth Services) 12

19 Business and Noninstructional Operations BP 3514(c) ENVIRONMENTAL SAFETY (continued) The superintendent or designee shall provide the district s maintenance and facilities staff, bus drivers, food services staff, teachers, and other staff as appropriate with professional development regarding their responsibilities in implementing strategies to improve and maintain environmental safety at the schools. (cf Staff Development) (cf Staff Development) (cf Staff Development) The superintendent or designee shall notify the board, staff, parents/guardians, students, and/or governmental agencies, as appropriate, if an environmental hazard is discovered at a school site. The notification shall provide information about detail the district's efforts actions to remedy the hazard and may recommend health screening of staff and students. (cf Student Health and Social Services) Legal Reference: EDUCATION CODE Definition of good repair Facilities inspection Legislative intent (fitness of buildings for occupancy) Deferred maintenance fund Asbestos abatement fund Healthy Schools Act of 2000, least toxic pest management practices Lead-Safe Schools Protection Act Notification of pesticides Asbestos materials containment or removal FOOD AND AGRICULTURAL CODE Pest control operations and agricultural chemicals Healthy Schools Act of 2000, least toxic pest management practices GOVERNMENT CODE Scope of representation; right to negotiate safety conditions HEALTH AND SAFETY CODE Indoor environmental quality California Retail Food Code, sanitation and safety requirements CODE OF REGULATIONS, TITLE Standards for school site selection 13

20 Business and Noninstructional Operations BP 3514(d) ENVIRONMENTAL SAFETY (continued) Legal Reference: (continued) CODE OF REGULATIONS, TITLE Hazardous substances list Employer's obligation to provide safety information Occupational safety and health, rights of employees Construction safety orders, lead standard 5142 Heating, ventilating and air conditioning systems; minimum ventilation 5143 Mechanical ventilating systems; inspection and maintenance Construction safety orders; exposure to hazards Control of hazardous substances CODE OF REGULATIONS, TITLE Vehicle idling CODE OF REGULATIONS, TITLE Accreditation in Lead abatement services CODE OF REGULATIONS, TITLE Lead and copper in drinking water UNITED STATES CODE, TITLE y Insecticide, Fungicide and Rodentcide Act Use of pesticides UNITED STATES CODE, TITLE Control of toxic substances Asbestos Hazard Emergency Response Act UNITED STATES CODE, TITLE Food and safety inspections CODE OF FEDERAL REGULATIONS, TITLE Drinking water standards Lead-based paint standards Asbestos-containing materials in schools Asbestos working protections Management Plans Record keeping Management Resources: CSBA PUBLICATIONS Indoor Air Quality: Governing Board Actions for Creating Healthy School Environments, Policy Brief, July 2008 Asthma Management in the Schools, Policy Brief, March 2008 Food Safety Requirements, Fact Sheet, October 2007 Sun Safety in Schools, Policy Brief, July 2006 CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS School Site Selection and Approval Guide,

21 Business and Noninstructional Operations BP 3514(e) ENVIRONMENTAL SAFETY (continued) Management Resources: (continued) Indoor Air Quality, A Guide for Educators, 1995 CALIFORNIA DEPARTMENT OF HEALTH SERVICES ADVISORIES PUBLICATIONS Report to the Legislature: Lead Hazards in California's Public Elementary Schools and Child Care Facilities, April 1998 U.S. ENVIRONMENTAL PROTECTION AGENCY PUBLICATIONS Pest Control in the School Environment: Adopting Integrated Pest Management, 1993 Indoor Air Quality Tools for Schools, rev Healthy School Environments Assessment Tool, 2007 The ABCs of Asbestos in Schools, rev. August 2003 Mold Remediation in Schools and Commercial Buildings, March 2001 How to Manage Asbestos in School Buildings: AHERA Designated Person s Self- Study Guide, 1996 WEB SITES CSBA: AirNow: American Association of School Administrators: California Air Resources Board: California Department of Education, Health and Safety: California Department of Pesticide Regulation: California Department of Public Health: California Indoor Air Quality Program: Centers for Disease Control and Prevention: Consumer Product Safety Commission: National Center for Environmental Health: Occupational Safety and Health Administration: CDE: http// California Department of Health Services, Lead Poisoning Prevention Branch: http// U.S. Environmental Protection Agency: http// Policy Adopted: October 23, 2003 Revised: ESCONDIDO UNION SCHOOL DISTRICT Escondido, California 15

22 Business and Noninstructional Operations AR 3514(a) ENVIRONMENTAL SAFETY The superintendent may designate one or more employees to oversee and coordinate the district s environmental safety program(s). The responsibilities of the coordinator(s) shall include, but not be limited to, overseeing assessments of district facilities, recommending strategies for the prevention and mitigation of environmental health risks, ensuring effective implementation of environmental safety strategies, and reporting to the superintendent regarding the district s progress in addressing environmental safety concerns. Indoor Air Quality The superintendent or designee shall ensure that the following measures strategies are implemented taken in order to provide proper ventilation, humidity, and temperature in school facilities and to reduce indoor air contaminants: 1. Mechanically driven heating, ventilation, and air conditioning systems shall be operated continuously during working hours except under the circumstances specified in inspected, and maintained in accordance with 8 CCR The systems School buildings shall be inspected at least annually and problems corrected within a reasonable time. to ensure they have adequate ventilation systems, which are properly maintained so as to preclude the buildup of mold, mildew, and other air contaminants. Where the air supply is filtered, filters shall be changed frequently replaced or cleaned regularly to prevent significant reductions in airflow. Documentation of inspections, tests of ventilation rates, and maintenance shall be retained for at least five years. (8 CCR ) (cf District Records) Staff shall not obstruct airflow by covering or blocking ventilators with posters, furniture, books or other obstacles. 2. Low-emission, non-toxic cleaning products shall be used whenever possible. School buildings shall be regularly inspected for water damage, spills, leaks in plumbing and roofs, poor drainage, and improper ventilation so as to preclude the buildup of mold and mildew. Wet building materials and furnishings shall be dried within 48 hours, if possible, to prevent mold growth. When evidence of mold or mildew is found, maintenance staff shall locate and repair the source of water intrusion and remove or clean moldy materials. 3. Exterior wall and foundation cracks and openings shall be sealed as soon as possible to minimize seepage of radon into buildings from surrounding soils. 4. Water-damaged ceiling tiles, carpet, and other building materials shall be removed as soon as practicable. Least toxic pest management practices shall be used to control and manage pests at school sites. 16

23 Business and Noninstructional Operations AR 3514(b) ENVIRONMENTAL SAFETY (continued) (cf Integrated Pest Management) 5. Routine housekeeping and maintenance schedules and practices shall be designed to effectively reduce levels of dust, dirt, and debris. Plain water, soap and water, or lowemission cleaning products other non-toxic chemicals shall be used whenever possible as cleaning agents. Aerosols, including air fresheners and other products containing ozone, shall be avoided to the extent possible. (cf Asthma Management) 6. Pest control measures shall involve the use of integrated pest management (IPM) procedures. Painting of school facilities and maintenance or repair duties that require the use of potentially harmful substances shall be limited to those times when school is not in session. Following any such activity, the facility shall be properly ventilated with adequate time allowed prior to reopening for use by any person. 7. Paints, adhesives, and solvents shall be used and stored in well-ventilated areas. These items shall be purchased in small quantities to avoid storage exposure. 8. To the extent possible, printing and duplicating equipment that may generate indoor air pollutants, such as methyl alcohol or ammonia, shall be placed in a wellventilated area with minimal exposure of students and staff. 9. The district s tobacco-free schools policy shall be consistently enforced in order to reduce the health risks caused by second-hand smoke. (cf Tobacco-Free Schools) 10. Staff shall refrain from bringing common irritants into the classroom, including, but not limited to, furred or feathered animals, stuffed toys that may collect dust mites, or perfumes or lotions, when students in the class are known to have allergies, asthma, or other sensitivities to odors. (cf Animals at Schools) Outdoor Air Quality The superintendent or designee may monitor local health advisories and outdoor air quality alerts, including forecasts of ozone levels, particle pollution, and/or ultraviolet radiation levels. Whenever these measures indicate a significant health risk, the superintendent or designee shall communicate with each principal so that outdoor activities, especially those requiring 17

24 Business and Noninstructional Operations AR 3514(c) ENVIRONMENTAL SAFETY (continued) prolonged or heavy exertion, may be avoided, limited in duration, or modified as necessary for all persons or for persons who may be particularly sensitive. (cf Sun Safety) (cf Physical Education) (cf Athletic Competition) Vehicle Idling Except under the conditions specified in 13 CCR 2480 for which vehicle idling may be necessary, the driver of a school bus, student activity bus, or commercial motor vehicle shall: (13 CCR 2480) 1. Turn off the bus or vehicle engine upon stopping at a school or within 100 feet of a school and not restart the engine more than 30 seconds before beginning to depart 2. Not cause or allow the bus or vehicle to idle at any location greater than 100 feet from a school for more than five consecutive minutes or for an aggregated period of more than five minutes in any one hour (cf Transportation) (cf Transportation for School-Related Trips) The superintendent or designee shall ensure that all bus drivers, upon employment and at least once per year thereafter, are informed of the requirements specified above and the potential legal and employment consequences of failure to comply. All complaints of noncompliance shall be reviewed and remedial action taken as necessary. The superintendent or designee shall maintain records of the training and of any complaints and enforcement actions for at least three years (13 CCR 2480) (cf Dismissal/Suspension/Disciplinary Action). Lead Exposure Reduction In addition to keeping school facilities as dust-free and clean as possible, the following steps shall be taken to minimize potential exposure to lead in facilities: 1. Lead-based paint, lead plumbing and solders, or other potential sources of lead contamination shall not be used in the construction of any new school facility or the modernization or renovation of any existing school facility. (Education Code 32244) 2. Lead exposure hazards shall be evaluated before any renovation or remodeling is begun, and children shall not be allowed in or near buildings in which these activities may create lead dust. Contractors and workers shall comply with state and federal standards related to the handling and disposal of lead debris and the clean-up and containment of dust 18

25 Business and Noninstructional Operations AR 3514(d) ENVIRONMENTAL SAFETY (continued) within the construction area. 1. The superintendent or designee may provide parents/guardians and students with information about the prevention of lead poisoning. (cf Child Health and Disability Prevention Program) 3. Remedial action to abate existing lead hazards shall be taken only by personnel qualified in accordance with law. (Education Code 32243) 3. Lead-based painted surfaces that are in good condition shall be kept intact. If leadbased paint is peeling, flaking, or chalking, contractors or workers shall follow state and federal standards for safe work practices to minimize contamination when removing the paint. 4. Soil with high lead content may be covered with grass, other plantings, concrete, or asphalt. 5. Whenever testing of drinking water finds concentrations of lead that exceed federal and state standards in 40 CFR and 22 CCR 64678, water outlets shall be flushed thoroughly each day before use or made inoperable until a plan for remediation can be implemented. The superintendent or designee may supply alternative sources of drinking water as appropriate. Any action to abate existing lead hazards, excluding containment or cleaning, shall be taken only by contractors, inspectors, and workers certified by the California Department of Public Health in accordance with 17 CCR (Education Code 32243) Asbestos Testing and Abatement Management Maintenance staff shall be trained in the location, identification, proper cleaning, and ongoing maintenance of asbestos-containing materials and in the removal and decontamination of small amounts of such materials when needed to repair pipes or perform similar duties. Extensive asbestos abatement work shall be completed by state-certified asbestos abatement contractors in compliance with state and federal standards. The district's complete, updated management plan for material containing asbestos in school buildings shall be available for inspection in district and school offices during normal business hours. Parent, teacher, and employee organizations shall annually be informed of the availability of this plan. (40 CFR ) (cf District Records) (cf /4212.9/ Employee Notifications) (cf Parental Notifications) 19

26 Business and Noninstructional Operations AR 3514(e) ENVIRONMENTAL SAFETY (continued) The superintendent shall designate an employee who shall ensure that the district s responsibilities related to asbestos inspection and abatement are implemented in accordance with federal and state regulations. This employee shall receive adequate training to perform these duties, including, as necessary, basic knowledge of the health effects of asbestos; detection, identification, and assessment of asbestos-containing materials; options for controlling asbestos-containing building materials; and relevant federal and state regulations. (40 CFR ) (cf Staff Development) (cf Staff Development) The designated employee shall ensure that the district complies with the following requirements: 1. School facilities shall be inspected for asbestos-containing materials as necessary in accordance with the following: a. Any school building that is leased or acquired by the district shall be inspected for asbestos-containing materials prior to its use as a school building, unless exempted by federal regulations. (40 CFR , ) b. At least once every three years, the district shall conduct a re-inspection of all known or assumed asbestos-containing building materials in each school building. (40 CFR ) c. At least once every six months, the district shall conduct a periodic surveillance consisting of a visual inspection of each school building that contains or is assumed to contain asbestos-containing building materials. (40 CFR ) 2. Based on the results of the inspection, an appropriate response, which is sufficient to protect human health and the environment, shall be determined from among the options specified in 40 CFR (40 CFR ) The district may select the least burdensome response, taking into consideration local circumstances, including occupancy and use patterns within the school building and economic concerns such as short-term and long-term costs. (40 CFR ) 3. An asbestos management plan for each school site shall be maintained and regularly updated to keep it current with ongoing operations and maintenance, periodic surveillance, inspection, re-inspection, and response action activities. (15 USC 2643; 40 CFR ) The asbestos management plan shall be available for inspection in district and school offices during normal business hours and parent/guardian, teacher, and employee 20

27 Business and Noninstructional Operations AR 3514(f) ENVIRONMENTAL SAFETY (continued) organizations are annually informed of the availability of these plans. (40 CFR ) 4. Staff, students, and parents/guardians shall be informed at least once each school year about any inspections, response actions, and post-response actions, including periodic re-inspection and surveillance activities, that are planned or in progress. (40 CFR ) (cf /4212.9/ Employee Notifications) (cf Parental Notifications) 5. Inspections, re-inspections, periodic surveillance, and response actions, including operations and maintenance, shall be conducted in compliance with state and federal regulations for the protection and safety of workers and all other individuals. (40 CFR ; Education Code ) Asbestos inspection and abatement work and any maintenance activities that may disturb asbestos-containing building materials, except for emergency repairs or small-scale, short-duration maintenance activities, shall be completed by state-certified asbestos inspectors or contractors. (15 USC 2646; 40 CFR , , ) 6. All custodial and maintenance employees shall be properly trained in accordance with applicable federal and/or state regulations. (40 CFR ) All district maintenance and custodial staff who may work in a building that contains asbestos-containing building materials, regardless of whether they are required to work with such materials, shall receive at least two hours of related asbestos awareness training. New maintenance and custodial staff shall receive such training within 60 days after beginning employment. Any maintenance or custodial staff who conduct activities that will disturb asbestos-containing materials shall receive 14 hours of additional training. The trainings shall address the topics specified in 40 CFR (15 USC 2655; 40 CFR , ) 7. Short-term workers, such as telephone repair workers, utility workers, or exterminators, who may come in contact with asbestos in a school shall be provided information regarding the locations of known or suspected asbestos-containing building materials. (40 CFR ) 8. Warning labels shall be posted immediately adjacent to any known or suspected asbestos-containing building material located in routine maintenance areas in accordance with 40 CFR (40 CFR ) The district shall maintain, in both the district and school offices and for a period of three years, records pertaining to each preventive measure and response action taken; staff 21

28 Business and Noninstructional Operations AR 3514(g) ENVIRONMENTAL SAFETY (continued) training; periodic surveillances conducted; cleaning, operations, and maintenance activities; and any fiber release episode. (40 CFR Other Environmental Safety Precautions Principals or their designees shall enforce school rules designed to: 1. Prevent excess storage of flammable, noxious or otherwise dangerous materials (cf Toxic Art Supplies) 2. Keep all school facilities free of debris 3. Keep walkways at all times open to pedestrian traffic and clear of obstructions October 23, 2003 ESCONDIDO UNION SCHOOL DISTRICT Escondido, California 22

29 To: Board of Education Meeting Date: 7/26/2012 From: Gina Manusov, Asst. Supt., Business Services Agenda Item Number: H502 Subject: First Reading BP/AR Item Category: H. Board Policies - First Readings Minutes Requested: Documents Submitted for Signature: Qty. Copies/Sets for Signature _ Recommendation: First reading of BP/AR , Recovery for Property Loss or Damage, revised. Background/Summary: The California School Board Association s suggested revisions contain updated language regarding seeking reimbursement for damages for theft of or willful damage to district property and a new section on rewards. The suggested administrative regulation revisions require the superintendent to conduct an investigation into acts of vandalism or graffiti and to consult with the district s insurance administrator in the recovery of damages. Fiscal Impact/Funding: None Staffing Implications: None Form Revised 6/26/ Motion By: Second By: Vote:

30 Business and Noninstructional Operations BP (a) RECOVERY FOR PROPERTY LOSS OR DAMAGE The Board of Education desires to create a safe and secure learning environment and to minimize acts of vandalism and damage to school property. To discourage such acts, the district shall seek reimbursement of damages, within the limitations specified in law, from any individual, or from the parent/guardian of any minor, who has committed commits any act of theft or has willfully damaged district or employee property vandalism. (cf Comprehensive Safety Plan) (cf Campus Security) (cf Reimbursement, Uniforms and Allowances) (cf /4256.3/ Employee Property Reimbursement) (cf. 4158/4258/ Employee Security) (cf Withholding Grades, Diploma or Transcripts) (cf Conduct) (cf Vandalism, Theft and Graffiti) (cf Gangs) (cf Suspension and Expulsion/Due Process The parent/guardian of a minor who commits an act of theft or vandalism may be held liable for damages and rewards in accordance with law. (Education Code 48904) Rewards When district or law enforcement officials have not been able to identify the person(s) responsible for the theft or vandalism of district property, the board may authorize a reward for the identification and apprehension of the responsible person(s). The board authorizes the superintendent or designee to offer a reward in any amount he/she deems appropriate, not exceeding $2,500. A reward in excess of $2,500 shall be authorized in advance by the board. The superintendent or designee shall disburse the reward when the guilt of the person responsible for the act has been established by a criminal conviction or other appropriate judicial procedure. Legal Reference: EDUCATION CODE Libraries, malicious cutting, tearing, defacing, breaking or injuring Libraries, willful detention of property Willful interference with classroom conduct Liability of parent/or guardian for willful misconduct; withholding of grades, diplomas and transcripts CIVIL CODE Liability of parent or guardian for act of willful misconduct by a minor 24

31 Business and Noninstructional Operations BP (b) RECOVERY FOR PROPERTY LOSS OR DAMAGE (continued) Legal Reference: (continued) GOVERNMENT CODE Reward for information concerning person causing death, injury, or property damage; liability for reward Actions to recover damages Local agency, definition PENAL CODE 484 Theft defined 594 Vandalism Aerosol paint and etching cream Graffiti; facilities or vehicles of governmental entity Graffiti Management Resources: WEB SITES CSBA: California Department of Education: Policy adopted: March 9, 1995 revised: ESCONDIDO UNION SCHOOL DISTRICT Escondido, California 25

32 Business and Noninstructional Operations AR (a) RECOVERY FOR PROPERTY LOSS OR DAMAGE Reports by Staff Every District employees shall report all any damage to or loss of school property to the superintendent principal or designee immediately after such damage or loss is discovered. In those instances in which insurance reimbursement may be involved, the principal or designee shall contact the appropriate district official. (cf Risk Management/Insurance) (cf Vandalism and Graffiti) Investigation The superintendent or designee shall conduct make a full and complete investigation of any instance of damage to or loss of school property and shall consult The investigation shall be carried out in cooperation with law enforcement officials when appropriate. If it is determined that the damage has been committed by any district student, the superintendent or designee shall initiate appropriate disciplinary procedures against the student. (cf District Police/Security Department) (cf Conduct) (cf Discipline) (cf Suspension and Expulsion/Due Process) (cf Nondiscrimination/Harassment (cf Sexual Harassment) (cf Hate-Motivated Behavior) Recovery of Damages When the person individual 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 the district s costs and shall consult with the district's legal counsel and/or insurance administrator, as appropriate shall be consulted if necessary. Reasonable Such steps may include the filing of a civil complaint in a court of competent jurisdiction to recover damages from the responsible person and, if the responsible person is a minor, from his/her parent/guardian in accordance with law recovery will be sought from the minor's parent/guardian. Said Damages will may include the cost of repair or replacement of the property, the payment of any reward, interest, court costs, and all other damages as provided by law. Payment of Reward When authorized according to board policy, the superintendent or designee shall pay the reward to the party who provides information sufficient to identify and apprehend the 26