1.  Policy GBGB - Workplace Bullying

 

The School Committee is committed to providing a respectful, safe, and inclusive workplace for employees, one that is free from bullying conduct. All employees and students in the school unit, as well as parents, community members, and others involved with the schools are prohibited from engaging in workplace bullying as defined in this policy.

 

DEFINITION

For the purposes of this policy, “workplace bullying” means intentional behavior that a reasonable person would expect to interfere with an employee’s work performance or ability to work. Generally, workplace bullying will involve repeated conduct. However, a single incident of egregious conduct could constitute workplace bullying.

 

Examples of workplace bullying include, but may not be limited to:

 

·      Humiliating, mocking, name-calling, insulting, maligning, or spreading rumors about an employee;

·      Shunning or isolating an employee or encouraging others to do so;

·      Screaming or swearing at an employee, slamming doors or tables, aggressively invading an employee’s personal space; placing an employee in reasonable fear of physical harm; or other types of aggressive or intimidating behavior;

·      Targeted practical jokes;

·      Damaging or stealing an employee’s property;

·      Sabotaging an employee’s work or purposely misleading an employee about work duties (e.g., giving incorrect deadlines or intentionally destroying an employee’s work);

·      Harassing and/or retaliating against an employee for reporting workplace bullying;

·      Cyberbullying, which is defined in Maine law as bullying occurring through the use of technology or any electronic communication, including but not limited to, a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted by the use of any electronic device, including, but not limited to, a computer, telephone, cellular telephone, text messaging device, or personal digital assistant.

 

EXCLUSIONS

Workplace bullying does not include the following:

·      When supervisors set reasonable performance goals or provide verbal or written

counseling, direction, feedback, or discipline to employees in the workplace when the intent is to address unsatisfactory work performance or violations of law or school policy;

·      When supervisors make personnel decisions designed to meet the operational or financial needs of the school unit or the needs of students. Examples include, but are not limited to changing shifts, reassigning work responsibilities, taking steps to reduce overtime costs, transferring or reassigning employees to another building or position.

·      Discrimination or harassment based on protected characteristics (race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability, or genetic information). Such conduct is prohibited under separate policies and complaints shall be addressed under ACAB-R – Employee Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedure.

·      Disrespectful conduct by students directed at school employees that can be addressed through enforcement of classroom rules, school rules, and applicable School Committee policies.

 

REPORTS AND INVESTIGATIONS

Employees who believe they have been bullied in the workplace, and other persons who believe they have witnessed an incident of an employee being bullied in the workplace, are expected to report the issue to the building administrator.

 

The building administrator shall promptly notify the superintendent of all workplace bullying reports.

 

If the report is about the building administrator, the report should be made to the Superintendent of Schools.

 

Any workplace bullying report about the Superintendent should be made to the School Committee Chair.

 

All reports of workplace bullying shall be investigated promptly and documented in writing. The person who was the subject of the alleged workplace bullying and the person alleged to have engaged in workplace bullying will be notified of the outcome of the investigation, consistent with confidentiality and privacy laws.

 

DISCIPLINARY ACTION

Any employee who is found to have engaged in workplace bullying will be subject to disciplinary action up to and including termination of employment.

 

Students who are found to have engaged in bullying of an employee will be subject to disciplinary action in accordance with applicable student discipline procedures.

 

Parents and others who are found to have engaged in bullying of an employee will be dealt with in a manner appropriate to the particular circumstances.

 

APPEALS

If dissatisfied with the resolution of the matter, the subject of the alleged workplace bullying or the person alleged to have engaged in workplace bullying may file a written appeal within five (5) business days with the superintendent stating the reason for the appeal. The superintendent will review the matter and issue a written decision within ten (10) business days. The Superintendent’s decision shall be final.

 

If the matter involves employees covered by a collective bargaining agreement, any disagreement with the results of the investigation may be resolved through the agreement’s dispute resolution process.

 

RETALIATION PROHIBITED

Retaliation for reporting workplace bullying is prohibited. Employees and students found to have engaged in retaliation shall be subject to disciplinary action.

 

SUPERINTENDENT’S RESPONSIBILITY

The Superintendent shall be responsible for implementing this policy and for the development of any necessary procedures to enforce it.

 

Legal References:      20-A MRSA §1001(21); 6544(2)(C)

Cross References:      AC – Nondiscrimination, Equal Opportunity and Affirmative Action

                                   ACAB – Harassment/Sexual Harassment of School Employees

               ACAB-R – Discrimination/Harassment and Title IX /Sexual                                               Harassment of School Employees

 

Motion___________ to approve the first reading of Policy GBGB – Workplace          Bullying.   Second___________. Vote_______.  Student Vote ________.

 

2.  Policy DJ-R - Administrative Procedure: Federal Procurement Manual

 

This Federal Procurement Manual governs the procurement and purchase of property, goods, and  services using any federal award,1in whole or in part, that is subject to the Uniform Grant Guidance, codified at 2 CFR Part 200. 

To the extent necessary or convenient, the Superintendent or his or her designee, shall implement further written measures to ensure compliance with these procedures and any applicable federal laws and rules, including any applicable provisions of the Uniform Grant Guidance and the federal award terms and conditions. Any such written measures shall be made part of this manual. In addition, the Superintendent or his or her designee, should review and update this  manual at least every five years, on a cycle roughly corresponding with the five-year Federal  review of the Uniform Grant Guidance as provided in 2 CFR § 200.109.

 

A. OVERVIEW

The School Committee expects all procurements of property, goods, or services made by the school unit using federal awards to be consistent with sound business practices and applicable federal laws and rules, including the Uniform Grant Guidance. 

 

These administrative procedures, in combination with the school unit’s written policies— including but not limited to Policy DJ (Bidding/Purchasing) and Policy DJH (Purchasing and  Contracting: Procurement Staff Code of Conduct)—are intended to comply with the federal requirement that the school unit must (1) use its own documented procurement procedures consistent with applicable federal, state, and local laws and regulations and, more specifically, conform to the procurement standards identified in 2 CFR §§ 200.317 through 200.327; and (2)  maintain written standards of conduct covering conflicts of interest—real and perceived—for  staff engaged in the selection, awarding, or administration of a contract. (2 CFR § 200.318(a), (c).)

 

The Superintendent or his or her designee, acting singly, (the “Purchasing Agent”) shall be responsible for implementing these administrative procedures and shall have direction and control over the purchasing of property, goods, and services for the school unit using federal funds.

 

Wherever these administrative procedures are inconsistent with applicable federal laws and rules, or the terms and conditions of a federal award, the provisions of the applicable federal laws, rules, or award terms and conditions shall control.

 

1 A “federal award” is any federal financial assistance (including cost-reimbursement contracts) that a school unit receives either directly from a federal agency or indirectly from a pass-through entity such as the State education department. See 2 CFR § 200.1. Most, but not all, federal awards received by the school unit are subject to the Uniform Grant Guidance. To confirm whether a federal award is subject to  the Uniform Grant Guidance, review the terms and conditions of the applicable grant agreement or  cooperative agreement and the applicability provisions of the Uniform Grant Guidance, codified at 2 CFR  § 200.101.

 

B. GENERAL PROCUREMENT PROCEDURES

1. Full and Open Competition. All procurements must be conducted in a manner that provides full and open competition. Real or perceived unfair advantages will be avoided.  Accordingly, the school unit will not (i) place unreasonable requirements on firms or vendors to qualify for a procurement, (ii) require unnecessary experience or use excessive bonding, (iii) use noncompetitive pricing practices between firms or affiliated companies, (iv) allow organizational conflicts of interest, (v) specify a “brand name” product without allowing firms or vendors to offer an equal alternate product, or (vi) allow any arbitrary action in the procurement process. To ensure objective contractor performance and eliminate unfair competitive advantage, firms or vendors that develop or draft specifications, requirements, statements of work, invitations for bids, or requests for proposals must be excluded from competing for such procurements. (2 CFR § 200.319(a), (b).)

2. Responsible Contractors. The school unit must award contracts only to responsible contractors who are able to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. (2 CFR § 200.318(h).)

3. Oversight of Contractors. The school unit must maintain a contract administration and oversight system to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (2 CFR § 200.318(b).)

4. Fostering Economy and Efficiency. The school unit must avoid purchasing unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase, and to using federal surplus equipment and property. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. To foster greater economy and efficiency, consideration should  also be given to: (i) entering into state and local intergovernmental agreements or inter entity agreements where appropriate for procurement or use of common or shared goods  and services, (ii) using federal excess and surplus property in lieu of purchasing new  equipment and property whenever such use is feasible and reduces project costs, and (iii)  using value engineering clauses in contracts for construction projects of sufficient size to  offer reasonable opportunities for cost reductions. (2 CFR § 200.318(d)-(g).)

5. Geographic Preferences Prohibited; Domestic Preferences for U.S. Goods, Products, or Materials Encouraged. The school unit must conduct procurements so as to prohibit  the use of statutorily or administratively imposed state or local geographic preferences in the evaluation of bids or proposals, except (i) where applicable federal statutes expressly  mandate or encourage geographic preference or (ii) when contracting for architectural  and engineering (A/E) services, so long as its application leaves an appropriate number of  qualified firms to compete for the contract given the nature and size of the project. As  appropriate and to the extent consistent with law, the school unit should, to the greatest  extent practicable under a federal award, provide a preference for the purchase,  acquisition, or use of goods, products, or materials produced in the United States  (including but not limited to iron, aluminum, steel, cement, and other manufactured  products). The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under a Federal award. For purposes of this section, “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. For purposes of this section,  “manufactured products” means items and construction materials composed in whole or  in part of non-ferrous metals such as aluminum; plastics and polymer-based products  such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical  fiber; and lumber. (2 CFR §§ 200.319(c), 200.322.)

6. Clear and Accurate Technical Requirements. The school unit must have written procedures for procurement transactions that incorporate a clear and accurate description of the technical requirements for the goods or services to be procured, identify all requirements which offerors must fulfill, and identify all other factors to be used in evaluating solicitations. Technical descriptions (i) must not, in competitive  procurements, contain features which unduly restrict competition; (ii) may include a  statement of the qualitative nature of the goods or services to be procured; (iii) when  necessary, must set forth those minimum essential characteristics and standards to which  goods or services must conform if they are to satisfy their intended use; (iv) should avoid  detailed product specifications if possible; and (v) may use a brand name or equivalent  description as a means to define performance or other salient requirements of  procurement when it is impractical or uneconomical to make a clear and accurate  description of the technical requirements (the specific features of the named brand which  must be met by offerors must be clearly stated). (2 CFR § 200.319(d).)

7. Prequalified Contractor Lists. The school unit must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition.  The school unit must not preclude potential bidders from qualifying during the solicitation period. (2 CFR § 200.319(e).)

8. Procurement of Items Made with Recovered Materials. The school unit 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 certain items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, Subpart B that contain the highest percentage of recovered materials, as long as the item is available at a reasonable price and within a reasonable time, and a satisfactory level of competition is maintained. This applies when the school unit purchases $10,000 or more worth of a designated item during a fiscal year, or where the cost of such items or of functionally equivalent items purchased during the preceding fiscal year was $10,000 or more. Section 6002 also requires 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. (2 CFR § 200.323; 40 CFR § 247.2(a)(1).)

 

C. PROCUREMENT METHODS AND THRESHOLDS

1. Methods of Procurement. The school unit must use one of the following five methods of procuring goods or services: micro-purchases, small purchases, sealed bids, competitive proposals (a.k.a. requests for proposals), and non-competitive proposals (a.k.a. sole source procurement). (2 CFR § 200.320.)

a. Micro-purchases (less than $10,000 as of November 12, 2020). Micro-purchases up  to the federal micro-purchase threshold ($10,000 as of November 12, 2020)2 may be  made without soliciting competitive quotations if the Purchasing Agent considers the  price to be reasonable based on research, experience, purchase history, or other information and documents. To the maximum extent practicable, the Purchasing Agent must distribute micro-purchases equitably among qualified suppliers, vendors, or firms. (2 CFR §§ 200.67, 200.320(a)(1).)

 

On an annual basis, a school unit may establish a micro-purchase threshold higher than the federal micro-purchase threshold, up to $50,000. The school unit must maintain documentation, which must be made available to the federal awarding agency and auditors in accordance with 2 CFR § 200.334. The self-certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following: (i) a qualification as a low-risk auditee, in accordance with the criteria in 2 CFR § 200.520 for the most recent audit; (ii) an annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or (iii) for public institutions, a higher threshold consistent with state law. (2 CFR § 320(a)(1)(iv).

 

2 For procurements utilizing federal funds obtained prior to November 12, 2020, the micro-purchase threshold is $3,500. The threshold is subject to adjustment every five years in the Federal Acquisition Regulations.

 

b. Small Purchases ($250,000 or less as of November 12, 2020). Small purchases up to the federal simplified acquisition threshold ($250,000 as of November 12, 2020)3   

c. Sealed Bids (over $250,000 as of November 12, 2020). For purchases in excess of the federal simplified acquisition threshold ($250,000 as of November 12, 2020) sealed bidding is used if (i) a complete, adequate, and realistic specification or purchase description is available; (ii) two or more responsible bidders are willing and able to complete 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. This is the preferred method for procuring construction. If sealed bids are used, the following requirements apply:

• Bids must be solicited from an adequate number of qualified sources, providing them sufficient response time prior to the date set for opening the bids;

• The invitation for bids must be publicly advertised;

• 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;

• All bids will be opened at the time and place prescribed in the invitation for bids and the bids must be opened publicly;

• A firm fixed price (lump sum or unit price) contract award will be made in writing to the lowest responsive and responsible bidder whose bid conforms to all material terms and conditions of the invitation to bid. Where specified in bidding documents, factors such as discounts, transportation costs, 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

• Any or all bids may be rejected if there is a sound documented reason. (2 CFR §§ 200.88, 200.320(b)(1).)

 

d. Requests for Proposals (over $250,000 as of November 12, 2020). For purchases in excess of the simplified acquisition threshold ($250,000 as of November 12, 2020), this procurement method is used when conditions are not appropriate for the use of sealed bids. Typically, a request for proposals (“RFP”) seeks proposals that are evaluated qualitatively such that price is not the primary evaluation criterion.  Contracts may be awarded on either a fixed price or cost-reimbursement basis. If this procurement method is used, the following requirements apply:

• RFPs must be publicized and identify all evaluation factors and their relative importance. Any response to an RFP must be considered to the maximum extent practical;

• The RFP must identify the method to be used by the school unit for conducting technical evaluations of the proposals received and making selections;

• Proposals must be solicited from an adequate number of qualified offerors; and

 • The Purchasing Agent must award a contract to the responsible offeror whose proposal is most advantageous to the school unit, with price and other factors considered; however, any and all proposals may be rejected if there is a sound documented reason.

 

3 For procurements utilizing federal funds obtained prior to November 12, 2020, the simplified acquisition threshold is $150,000. The threshold is subject to adjustment every five years in the Federal Acquisition Regulations (“FAR”). The school unit is responsible for determining an appropriate simplified  acquisition threshold based on internal controls, an evaluation of risk, and its documented procurement  procedures; however, in no circumstances can this threshold exceed the dollar value established in the  FAR (48 CFR part 2, subpart 2.1) for the simplified acquisition threshold. The school unit should determine if local government laws on purchasing apply. (2 CFR § 200.1 – see definition of “simplified acquisition threshold.”) maybe made using simple, informal procurement methods and without requiring  sealed bids. For any such purchases, the Purchasing Agent must obtain price or rate quotes from an adequate number of qualified vendors or firms (preferably, from at least three qualified vendors or firms). The Purchasing Agent shall document any price or rate quotes received, whether written or oral. (2 CFR §§ 200.88, 200.320(a(2).)

 

The Purchasing Agent 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, may only be used in procurement of A/E professional services. It cannot be used to purchase other types of services even if A/E firms are a potential source to perform the proposed effort. (2 CFR § 200.320(b)(2).)

e. Non-Competitive Proposals (Sole Source); Emergencies. Procurements may be made through a non-competitive process (i.e., through the solicitation of a proposal from only one source) only when one or more of the following circumstances apply:

• The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (see Section C.1.a, above);

• The item is available only from a single source;

• A public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

• The federal awarding agency or pass-through entity expressly authorizes non-competitive proposals in response to a written request from the school unit; or 

• After solicitation of a number of sources, competition is determined inadequate.  The Purchasing Agent must document the basis for the sole source procurement by documenting the basis for any exigency or emergency, obtaining express authorization from the federal awarding agency or pass-through entity, or demonstrating a good faith effort on the part of the school unit to solicit proposals from a number of sources. (2 CFR §§ 200.320(c), 200.324(b)(2).)

2. Purchases over $25,000. For purchases exceeding $25,000, prior to contracting with a  vendor, the Purchasing Agent shall use the System for Award Management (SAM) to search for the vendor by name, tax identification number, or another characteristic to  make sure that the vendor has not been suspended or debarred from performing federally  funded work. (2 CFR §§ 200.206(d), 180.220.)

3. Purchases over the Simplified Acquisition Threshold ($250,000 as of November 12, 2020). The following additional procedures apply to purchases exceeding the simplified acquisition threshold:

a. Cost/Price Analysis.

(i) The Purchasing Agent must perform a cost or price analysis in connection with every procurement in excess of the simplified acquisition threshold, including contract modifications. The method and degree of analysis depends on the facts surrounding the particular situation, but as a starting point, the Purchasing Agent must make independent estimates before receiving bids or proposals.

(ii) The Purchasing Agent 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.

(iii) Costs or prices based on estimated costs for contracts under a federal award are  allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable under Subpart E (Cost Principles) of  2 CFR Part 200. The school unit may reference its own cost principles that comply with the federal cost principles.

(iv)    The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used.

(2 CFR § 200.324.)

b. Bonding Requirements. For construction or facility improvement contracts or subcontracts in excess of the simplified acquisition threshold, the following bonds, or equivalent, are required:

(i) A bid guarantee from each bidder equivalent to 5% of the bid price. The “bid  guarantee” must consist of a firm commitment such as a bid bond, certified  check, or other negotiable instrument accompanying a bid as assurance that the  bidder will, upon acceptance of the bid, execute such contractual documents as  may be required within the time specified;

(ii) A performance bond on the part of the contractor for 100% of the contract price.  A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract; and

(iii) A payment bond on the part of the contractor for 100% of the contract price.  A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. (2 CFR § 200.326.)

 

D. CONTRACTING WITH SMALL & MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS

The Purchasing Agent must take all necessary affirmative steps to assure that small & minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:

1.     Placing qualified small & minority businesses and women’s business enterprises on  solicitation lists;

2.     Assuring that small & 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 & minority businesses and women’s business  enterprises;

4.     Establishing delivery schedules, where the requirement permits, which encourage  participation by small & 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

Requiring the prime contractor, if subcontracts are to be allowed, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

(2 CFR § 200.321.)

E. CONTRACTS ARISING FROM PROCUREMENTS

1. Contract Administrator. Prior to the execution of a contract funded by a federal award, the school unit should name a Contract Administrator. The Contract Administrator is responsible for the tasks, technical requirements, service performance, and verification that payments are in compliance with the contract. 

2. Contract Type. The school unit may use a time-and-materials type contract (i.e., a contract whose cost to the school unit is the sum of (i) the actual cost of materials and (ii) direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit) only if the school unit determines that no other  contract is suitable and the contract includes a ceiling price that the contractor exceeds at  its own risk. The school unit must assert a high degree of oversight to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls.  (2 CFR § 200.318(j).)

3. Contract Provisions. Any contract entered into between the school unit and a firm or  vendor who is to be compensated using a federal award or a portion thereof must contain  the applicable contract provisions described in Appendix I. (2 CFR § 200.327.)

4. Subrecipient and Contractor Determinations. The school unit must make case-by case determinations whether each agreement it makes for the disbursement of federal funds casts the party receiving the funds in the role of a subrecipient or a contractor.  The school unit must make this classification using its judgment based on the following factors, as well as any additional guidance supplied by the federal awarding agency:

a. Contractors. A contract is for the purpose of obtaining goods and services for the party’s own use and creates a procurement relationship with the contractor. (See 2 CFR § 200.1.) Characteristics indicative of a procurement relationship  between the school unit and a contractor are when the contractor (i) provides the  goods and services within normal business operations; (ii) provides similar goods or  services to many different purchasers; (iii) normally operates in a competitive  environment; (iv) provides goods or services that are ancillary to the operation of the  federal program; and (v) is not subject to compliance requirements of the federal  program as a result of the agreement, though similar requirements may apply for  other reasons.

b. Subrecipients. A subaward is for the purpose of carrying out a portion of a federal award and creates a federal assistance relationship with the subrecipient. (See 2 CFR § 200.1.) Characteristics which support the classification of a party receiving federal  funds as a subrecipient include when the party (i) determines who is eligible to  receive what federal assistance; (ii) has its performance measured in relation to  whether objectives of a federal program were met; (iii) has responsibility for  programmatic decision making; (iv) is responsible for adherence to applicable federal  program requirements specified in the federal award; and (v) in accordance with its  agreement, uses the federal funds to carry out a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the  benefit of the pass-through entity.

If the party receiving the funds is classified by the school unit as a subrecipient, the school unit must:

(i)          Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the information required by 2 CFR § 200.331.

(ii)           Evaluate each subrecipient’s risk of noncompliance with federal statutes, 

regulations, and the terms and conditions of the subaward for purposes of  determining the appropriate subrecipient monitoring described below, which  may include consideration of such factors as: (a) the subrecipient’s prior  experience with the same or similar subawards; (b) the result of previous audits  including whether or not the subrecipient receives a Single Audit in accordance  with Subpart F—Audit Requirements—of 2 CFR Part 200, and the extent to  which the same or similar subaward has been audited as a major program; (c)  whether the subrecipient has new personnel or new or substantially changed  systems; and (d) the extent and results of federal awarding agency monitoring.

(iii)         Consider imposing specific subaward conditions upon a subrecipient as described in 2 CFR § 200.208.

(iv)          Monitor the activities of the subrecipient as necessary, and as further provided  in 2 CFR § 331, to ensure that the subaward is used for authorized purposes, in  compliance with federal statutes, regulations, and the terms and conditions of  the subaward; and that subaward performance goals are achieved. 

(v)           Verify that each subrecipient is audited as required by Subpart F (Audit  Requirements) of 2 CFR Part 200 when it is expected that the subrecipient’s  federal awards expanded during the respective fiscal year equaled or exceeded  the threshold set forth in 2 CFR § 200.501.

(vi)          Consider whether the results of the subrecipient’s audits, on-site reviews, or other monitoring indicate conditions that necessitate adjustments to the school unit’s own records.

(vii)        Consider taking enforcement action against noncompliant subrecipients as described in 2 CFR § 200.338. (2 CFR §§ 200.330, 200.331.)

 

F. RECORDS

a. Recordkeeping. The school unit must maintain records sufficient to detail the history of procurement. Records must include the following: (i) rationale for the method of procurement, (ii) selection of contract type, (iii) contract selection or rejection, and (iv) the basis for the contract price.

b. Record Retention Requirements. The school unit must maintain records related to each federal procurement for a period of three years from the date of submission of the final expenditure report or, for federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the federal awarding agency or school unit in the case of a subrecipient.  The following exceptions apply:

(i)     If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.

(ii)    When the school unit is notified in writing by the federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period.

(iii)   Records for real property and equipment acquired with federal funds must be retained for 3 years after final disposition.

(iv)   When records are transferred to or maintained by the federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the school unit.

(v)    Records for program income transactions after the period of performance. In some cases, federal fund recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the school unit’s fiscal year in which the program income is earned.

(vi)   Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates).

If the proposal, plan, or other computation is required to be submitted to the federal  government (or to the pass-through entity) to form the basis for negotiation of the  rate, then the 3-year retention period for its supporting records starts from the date  of such submission.  If the proposal, plan, or other computation is not required to be submitted to the federal government (or to the pass-through entity) for negotiation purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting  records starts from the end of the fiscal year (or other accounting period) covered  by the proposal, plan, or other computation.

(2 CFR §§ 200.318(i), 200.333.)

G. PROTESTS AND CLAIMS

The school unit is solely responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements of goods or services under federal awards. Except as may be  otherwise provided in a written request for proposals or other solicitation of the school unit,  these procedures are available to proposers for the purpose of handling and resolving  disputes relating to such procurements, including evaluation and selection, protests of  awards, disputes, and claims relating to the selection process and contract  award.4 A protestor must exhaust all of these administrative remedies before pursuing a  protest with the federal grant agency or in any court of law. For purposes of this section, the term “proposer” means any person or entity that has submitted a bid or a proposal in  response to an RFP or other solicitation to the school unit, or a person or entity that is a  prospective bidder or offeror and who has a demonstrated direct economic interest in the  results of the procurement.

     1. Protest Submission Requirements. To be considered by the school unit, a protest must be made in writing, supported by sufficient information to enable the protest to be fairly evaluated, and submitted within the time periods set forth herein. At minimum, protests  must include (i) the name, phone number, and address of the protester; (ii) identification  of the detailed and specific provision(s) of applicable federal or state law which would be  allegedly violated by the procurement; (iii) copies of all exhibits, evidence, or documents  supporting the protest; and (iv) a concise description of all remedies or relief requested. 

    2. Pre-Award Protests. Pre-award protests are protests based upon the content of the solicitation documents. Any protest to the terms, conditions, or specifications set forth in a solicitation must be submitted to the Purchasing Agent or the contract administrator, if a contract administrator is identified in the solicitation, within 5 calendar days after the issuance of the solicitation. All such protests will be considered by the Purchasing Agent, or the contract administrator as appropriate, prior to the solicitation due date, and a written decision will be provided to the protestor. A decision of the Purchasing Agent or contract administrator is final, and no further protest or appeal of the terms, conditions, or specifications of any solicitation will be considered by the School Board. 

3. Protests of Proposal Evaluations and Award Decision. Proposers shall be notified of any award decision by a written or oral notice of the award. This notice shall be transmitted to each proposer at the address, email address, or telephone number contained in its proposal. Any proposer whose proposal has not lapsed may protest an award decision on any ground arising from the evaluation of proposals or the award decision, but not on any ground specified in the “Pre-Award Protests” category, above. Any such protest must be submitted to the Purchasing Agent or the contract administrator, if a contract administrator is identified in the solicitation, within 3 calendar days after notice of the award. All such protests will be considered by a Protest Review Subcommittee, composed of members selected by the School Board in its sole discretion. A written decision from the Protest Review Subcommittee stating the grounds for allowing or denying the protest shall be transmitted to the protestor before a final contract award is made. A decision of the Protest Review Subcommittee is final, and no further protest or appeal will be considered by the School Board. 

(2 CFR § 200.318(k).) 

 

4 These protest procedures are not available to contractors or third parties for the purpose of handling and resolving disputes, claims or litigation arising in the course of contract formation or contract administration. Any such disputes, claims or litigation will be handled and resolved in accordance with applicable contract terms, if any, and applicable law.

 

H. FEDERAL AWARDING AGENCY OR PASS-THROUGH ENTITY REVIEW

1. The school unit must make available, upon request of the federal awarding agency or pass-through entity, technical specifications on proposed procurements where the federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the school unit desires to have the review accomplished after a solicitation has been developed, the federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase.

2. The school unit must make available upon request, for the federal awarding agency or  pass-through entity pre-procurement review, procurement documents, such as requests  for proposals or invitations for bids, or independent cost estimates, when:

a. The school unit’s procurement procedures or operation fails to comply with the procurement standards in 2 CFR Part 200;

b. The procurement is expected to exceed the simplified acquisition threshold and is to  be awarded without competition or only one bid or offer is received in response to a  solicitation;

c. The procurement, which is expected to exceed the simplified acquisition threshold, specifies a “brand name” product;

d. The proposed contract is more than the simplified acquisition threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or

e. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold.

The school unit is exempt from the pre-procurement review in this paragraph if the federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of 2 CFR Part 200.

3. The school unit may request that its procurement system be reviewed by the federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third party contracts are awarded on a regular basis.

4. The school unit may self-certify its procurement system. Such self-certification must not limit the federal awarding agency’s right to survey the system. Under a self-certification procedure, the federal awarding agency may rely on written assurances from the school unit that itis complying with these standards. The school unit must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.

(2 CFR § 200.325.) 

 

I.              EXCEPTIONS TO THESE ADMINISTRATIVE PROCEDURES

The requirements set forth in these administrative procedures do not apply to:

1. Block grants awards authorized by the Omnibus Budget Reconciliation Act of 1981 (including Community Services);

2. Federal awards to local education agencies under 20 U.S.C. 7702-7703b (portions of the  Impact Aid program, including federal payments relating to federal acquisition of school  property and federal payments for students residing on military installations or Indian  lands);

3. Federal awards authorized under the Child Care and Development Block Grant Act of 1990, as amended;

4. Classes of federal awards or non-federal entities identified as exceptions by the Office of Management and Budget; or

5. Any circumstance where the provisions of federal statutes or regulations differ from the provisions of Part 200 of Title 2 of the Code of Federal Register.

(2 C.F.R. §§ 200.101, 200.102.)

 

Legal Reference:        34 CFR Parts 74 and 80 (Education Department General Administrative Regulations("EDGAR”)) (For federal awards made prior to 12/26/2014)

2 CFR Part 200 (Uniform Administrative Requirements) (for federal awards made on or after   12/26/2014)

Cross Reference:         DJ - Bidding/Purchasing

DJH - Purchasing and Contracting: Procurement Staff Code of Conduct

APPENDIX I.  REQUIRED CONTRACT PROVISIONS

All contracts made by the school unit for the procurement of property, goods, or services using a federal award must contain provisions covering the following, as applicable:

A. Remedies (over $250,000). Contracts for more than the simplified acquisition threshold (currently $250,000) must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and must provide for such sanctions and penalties as appropriate. 

B. Termination for Cause and Convenience (over $10,000). All contracts in excess of $10,000 must address termination for cause and for convenience by the school unit, 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 60-1.360-1.3 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, Copeland “Anti-Kickback” Act (construction contracts over $2,000). When required by federal program legislation, all prime construction contracts in excess of  $2,000 awarded by the school unit 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 school unit 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 school unit 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 school unit must report all suspected or reported violations to the Federal awarding agency. 

E. Contract Work Hours and Safety Standards Act (over $100,000). Where applicable, all  contracts awarded by the school unit 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; Federal Water Pollution Control Act (over $150,000). Contracts and  subgrants of amounts in excess of $150,000 must contain a provision that requires  compliance 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. A contract award (see 2 CFR 180.220) must not be made to  parties listed on the government-wide 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 (over $100,000). 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 tierup to the non-federal award.

J. Domestic Preference. As appropriate and to the extent consistent with law, the school unit  should, to the greatest extent practicable under a Federal award, provide a preference for the  purchase, acquisition, or use of goods, products, or materials produced in the United States  (including but not limited to iron, aluminum, steel, cement, and other manufactured  products). The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under a Federal award. For purposes of this section, “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. For purposes of this section, “manufactured products” means  items and construction materials composed in whole or in part of non-ferrous metals such as  aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates  such as concrete; glass, including optical fiber; and lumber. See 2 CFR § 200.322.

K. Procurement of Items Made with Recovered Materials. The contractor 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, Subpart B that contain the highest percentage of recovered materials, as long as the item is available at a reasonable price and within a reasonable time, and a satisfactory level of competition is maintained. This applies when the school unit purchases $10,000 or more worth of a designated item during a fiscal year, or where the cost of such items or of functionally equivalent items purchased during the preceding fiscal year was $10,000 or more. Section 6002 also requires 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. See 2 CFR § 200.323; 40 CFR § 247.2(a)(1).

L. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. Contractors are prohibited from obligating or expending loan or grant funds to (i) procure or obtain; (ii) extend or renew a contract to procure or obtain; or (iii) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). See 2 CFR § 200.216.

 

Motion___________ to approve the first reading of Policy DJ-R – Administrative      Procedure: Federal Procurement Manual.   Second___________.             Vote_______.  Student Vote ________.

 

3.  Policy ACA - Equity

 

I. Purpose

The purpose of this policy is to achieve educational equity by establishing expectations related to the identification and elimination of disparities in education outcomes.

 

The Yarmouth School Committee believes that educational equity is an inherent human right and must shape all school system policies, procedures, and practices. The School Committee prioritizes educational equity by identifying and removing institutional barriers and other factors that obstruct access and opportunity to a high quality education for all students. The School Committee recognizes that social identifiers and societal factors influence student outcomes. The Yarmouth School Department endeavors to provide students with academic and non-academic supports specific to students so all students meet their highest potential. The School Committee believes it is the shared responsibility of the School Committee, employees, parents, community stakeholders, and students to work towards educational equity.  

 

The School Committee is committed to providing all students with a dynamic and educational program that nurtures their cognitive, social and emotional well-being and affirms their identity and experience, in order to maximize each student’s individual potential. We believe it is our responsibility to advance the skills, talents, abilities, and experiences that make each student unique. The unique characteristics of our students and staff are valued as strengths that contribute to the overall school community. We mandate addressing disparities in educational equity as a priority in each school, including but not limited to, access to advanced coursework, extracurricular activities, identification for specialized services, discipline, suspension/expulsion practices, achievement and graduation rates between student groups, and the recruitment, hiring, and supervision of diverse staff.

 

II. Standards

  1. Academic Achievement and Growth

Access to a culturally responsive and relevant curriculum that provides meaningful and dynamic school experiences are essential to postsecondary success. In order to actualize this priority, the Yarmouth School Department will:

  1. Promote student voice and provide resources to support youth in becoming active and engaged participants in their academic experience.

  2. Provide culturally responsive and relevant curriculum inclusive of but not limited to perspectives from Black, Asian American and Pacific Islander, Latinx, LGBTQ+, indigenous peoples, individuals with disabilities, and other marginalized and oppressed peoples excluded or underrepresented in the current curriculum. The curriculum will use differentiated approaches and resources to meet the needs of every student.

  3. Implement a curriculum that teaches students to be global citizens who appreciate and value diverse cultures. As such, the instructional materials used in Yarmouth Schools reflect aspirations, history, issues, and achievements of persons from diverse social identifiers, and incorporate a global perspective.

  4. Provide access and support to dynamic coursework and comparable academic and enrichment programs for all students in order to maximize student learning. A student’s English proficiency, disability status, perceived academic ability and/or social identifiers will not limit access and opportunity.

  5. Apply an equity lens during allocation of resources and academic supports for students, families, schools, and communities to ensure individual student success and growth.

  6. Identify and remove institutional barriers that could prevent students from equitably accessing educational opportunities in all schools.

  7. Prohibit exclusion from academic programs, extracurricular activities, and services on the basis of a student’s social identifiers.

  8. School Climate and Culture Affecting Student Success

In order for all students to be successful academically, schools must create a safe, welcoming, supportive, and affirming environment. As such, the Yarmouth School Department will:

  1. Incorporate student voice in school- and district-level decision making.

  2. Build environments that intentionally focus on fostering empathy, developing relationships and upholding dignity for everyone in our schools, offices, and community.

  3. Create and maintain a culture in which students, employees, and families are encouraged to self-reflect on assumptions, biases, and beliefs, in order to promote understanding, respect, dignity, acceptance, positive interactions and anti-bias actions amongst all individuals and groups.

  4. Nurture healthy relationships with staff, students, and community, through a restorative culture and student-centered practices.

  5. Maintain a safe and supportive school climate through a multifaceted approach that uplifts positive relationships and culture of belonging and supports mental health needs.

  6. Identify and eliminate disproportionality in discipline practices by uplifting and nurturing healthy relationships, creating a just and equitable learning environment, repairing harm, and responding effectively to conflict.

  7. Leverage the strengths of parents and community partnerships to increase equitable opportunities for students and positively influence the school culture and climate.

  8. Provide translation of documents in languages that represent the Yarmouth community and sign-language interpretation services to ensure access to information for all families.

  9. Maintain a clean, safe, affirming, and healthy environment at all schools that is conducive to student learning.

  10. Eliminate discriminatory practices at all organizational levels.

  11. Staff Capacity for Educational Equity

A diverse workforce of effective educators is essential to a student’s educational experience. All Yarmouth School Department employees commit to co-creating a safe and nurturing learning environment and as such, the Yarmouth School Department will:

  1. Intentionally recruit, promote, support, and retain a diverse workforce of highly qualified educators, school-based administrators, school leaders, and Central Office employees that reflect the diversity of the student population.

  2. Identify and remove institutional barriers to recruiting, hiring, retaining, and promoting a diverse workforce.

  3. Provide ongoing professional learning focusing on factors influencing educational equity, such as anti-bias, anti-racism, cultural proficiency instruction, cultural responsiveness, disability acceptance, implicit bias, explicit bias, racial equity, and systemic racism for all staff.

  4. Utilize restorative justice practices where appropriate, and support educators in building positive cultures, where students and staff feel valued, welcomed, and supported to fulfil their academic and professional potential.

  5. Work collaboratively with parents, community groups, the Maine Department of Education (MDOE) and county agencies, business organizations, bargaining units, and other stakeholders to increase equity and inclusion for students and staff.

  6. Prohibit discriminatory employment practices as mandated by Policy AC.

 

V. Delegation of Authority

The Superintendent is directed to develop appropriate procedures to implement this policy.

 

VI. References

  • Americans with Disabilities Act of 1990, Public Law 101-336, July 26, 1990

  • Every Student Succeeds Act (ESSA) 20 U.S.C. §6301

  • Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400-1487

  • Policy AC: Nondiscrimination/Equal Opportunity and Affirmative Action

 

      Motion___________ to approve the first reading of Policy ACA – Equity         Second___________.             Vote_______.  Student Vote ________.

 

4.  Policy JL - Wellness

 

The wellness committee has met and is offering suggested changes that align with the law around wellness policies in schools. They found two noticeable weaknesses that have been addressed:

 

1) It does not specify the involvement of students or members of the general public in the development, implementation, review, and update of the wellness policy; 

2) It does not provide a description of the plan for measuring the implementation of the wellness policy and reporting policy contention and implementation to the public, as required.

 

JL - Wellness

The Yarmouth Schools are committed to creating a healthy school environment that enhances the development of lifelong wellness practices to promote healthy eating and physical activity.

 

Nutrition Education:

 

Students shall receive nutrition education that teaches the knowledge and skills needed to adopt healthy eating behaviors and is aligned with the federal statutes and the State of Maine laws.  Nutrition information and education shall be offered throughout the schools including but not limited to school dining areas and classrooms.

 

Nutrition Standards:

 

The district shall ensure that reimbursable school meals meet The National School Lunch Program requirements and nutrition standards found in federal regulations.  The School Nutrition Program meals are accessible to all students.  The foods and beverages sold and served outside of the school meals programs (i.e., “competitive” foods and beverages) will meet the USDA Smart Snacks in School nutrition standards, at a minimum. The Smart Snacks standards are applicable during the school day, which is defined as “the midnight before to 30 minutes after the end of the instructional day."

 

The Director of the School Nutrition Program will continually strive for improved quality of nutritional value, variety and marketing of healthy food products.

 

Community and school events held on school property outside of school hours, such as fundraisers, concession stands, public activities, and teachers’ rooms are exempt from adhering to the federal statutes and the State of Maine law as they pertain to foods in competition with the School Nutrition Program. These organizations will be allowed to accrue benefits from the sales of food and beverage. These organizations shall make every effort to include the sale of healthy food choices at such events, and will utilize the list of recommended healthy food choices provided by our School Nutrition Program.

 

Fundraisers on school property during school hours shall not include food items.

 

At all school and classroom celebrations, thoughtful consideration will be given to offer healthy food choices. Information shall be sent to parents/guardians, either separately or as part of a school newsletter, reminding everyone of the importance of providing healthy treats for students and/or encouraging the use of non-food treats for classroom celebrations such as: choice of special activity or music for study time, and/or a special dress day.  A list of recommended healthy food choices and non-food ideas is available for reference.  Foods offered, but not sold in Yarmouth schools, predominantly meet Smart Snacks in school nutrition standards. Exceptions are allowed at the discretion of the building administrator.

 

To establish healthy attitudes towards eating, food, desserts and candy will not be used as a reward, incentive or punishment with students in the Yarmouth Schools.   School personnel will not make candy readily available to students.  An exemption may be made by a student’s Individual Education Plan.

 

To reinforce nutrition education any marketing or promoting of foods and beverages on the school campus during the school day will meet or exceed the USDA Smart Snacks in School nutrition standards.

 

Physical Education and Physical Activity Opportunities

 

The district’s physical education opportunities shall continue to include the components of a quality physical education program, which equips students with the knowledge, skills, and values necessary for lifelong physical activity.  Students of the Yarmouth Schools shall have the opportunity to participate regularly in physical activities that contribute to physical fitness, and to understand the short and long term benefits of a physically active and healthy lifestyle.

 

Maintaining Student Wellness

 

The Wellness Committee will develop goals to implement this policy and will meet bimonthly to monitor, review, implement, and assess the school’s progress on the District’s Wellness goals. Work will be recorded on the "Wellness Goals" document and the public will be informed of its content and implementation annually. Changes and revisions to this policy will be recommended as needed in the publicly available Triennial Assessment. The Wellness Committee shall include but not be limited to: Director of School Nutrition, Administrator, Educators, Parents (booster group representation), Students, School Committee Member, and School Nurse, and the General Public.

Oversight

 

The Superintendent of Schools, or designee, will have the authority and responsibility to ensure that each school within the district complies with this policy.