The Superintendent or the Superintendent’s designee shall develop and publish or otherwise distribute the procedures for the budget development process.

The budget development process, called Program Budgeting, without limitation, shall: 

I. Provide for involvement and participation of administrators, staff members, and others interested in the conduct of the business of the District;

II. Provide for a general fund cash reserve of no less than seven percent (7%) and no more than twenty percent (20%) of the anticipated budget of expenditures for the year;

III. Provide in the general fund contingency for unanticipated expenses of no less than one-fifth of one percent (0.2%) and no more than one percent (1%) of the anticipated budget of expenditures for the year;

IV. Provide a tangible, demonstrable connection between assessments of operational curriculum effectiveness and allocation of resources;

V. Provide a rank ordering of program components providing flexibility in budget expansion, reduction, or stabilization based on changing needs or priorities;

VI. Provide for cost-benefit analyses in the decision-making process;

VII. Provide for budget requests or submissions with descriptions that permit evaluation of consequences of funding or non-funding in terms of performance or results;

VIII. Provide for budget requests that compete with each other for funding based upon evaluation of criticality of need and relationship to achievement of curriculum effectiveness; and,

IX. Provide a timetable or schedule for implementation of the budget development process and the preparation of the final budget to be presented to the Board of Education. 

Prior to September 1, the Superintendent shall present to the Board of Education the Superintendent’s proposed budget for the ensuing school year. The Board of Education shall review the Superintendent’s proposed budget and may amend such as it deems advisable.

Prior to adopting the District’s budget for the ensuing year, the Board of Education shall publish the proposed budget and conduct a hearing on such as required by law. The Board, after the public hearing, shall adopt the proposed budget (or amend and adopt the budget as amended) and shall cause it to be filed and appropriate tax levies to be set as required by law. 

The Superintendent (or designee) shall have the authority to contract with one or more financial institutions, card-issuing banks, credit card companies, charge card companies, debit card companies, or third-party merchant banks capable of operating the purchasing card program on behalf of the District.

The persons assigned a purchasing card shall be limited to individuals (1) who have job responsibilities that include the authority and responsibility for making purchases on behalf of the District, (2) who have been recommended to be issued a purchasing card by his/her supervisor, (3) whose supervisor has agreed to review and approve monthly purchasing card statements submitted by him/her, (4) who has satisfactorily completed the District’s purchasing card training and testing program, (5) who is determined by the superintendent (or designee) to have a need to have access to such purchasing card, and (6) who has received written approval from the superintendent (or designee) to be issued such purchasing card.

The Superintendent (or designee) shall also have the authority and responsibility for promulgating procedures related to the issuance and use of purchasing cards in the District.

Such procedures shall, inter alia, provide the following:

1. That an itemized receipt for purposes of tracking expenditures shall accompany all purchasing card purchases. In the event that a receipt does not accompany such a purchase, purchasing card privileges shall be temporarily or permanently suspended in accordance with the District’s policies, rules, and procedures. 


2. That upon the termination or suspension of employment of an individual using a purchasing card, such individual's purchasing card account shall be immediately closed and he or she shall return the purchasing card to the District’s business office. 


3. That no officer or employee of a political subdivision shall use a District purchasing card for any unauthorized use. 

Individual schools may choose to participate in fundraising activities to benefit the school, the student activities of the school, school projects, and non-profit charitable organizations, provided that such fundraising does not restrict or impair the educational program and is consistent with the standards, criteria, and limitations of District Policies and Rules, including 1115.1, 1340.1, 3614.1, 3921.1, 6700.1, and 7305.1. Permission to conduct these fundraising activities must be approved by the school principal prior to the commencement of the fundraising activity.

Individual schools may not commence or participate in any fundraising activities to raise funds for any “special project” as that term is defined in District Rule 3614.1 until the special project and fundraising activity has been pre-approved by the Superintendent (or designee). If a school, parent or community group wishes to engage in fundraising for a “special project,” building principals shall follow the procedures for submitting special projects to the Superintendent (or designee) set forth in District Rule 3614.1.

The schools may advertise fundraising events in the Activities Express newspaper, if such assistance is determined by the Superintendent or designee to be consistent with the standards, criteria, and limitations of District Policies and Rules. Promotional material for fundraising activities taking place in individual schools may be distributed to students by school staff members only. Promotional material for fundraising activities taking place in individual schools may be distributed in the individual school newsletters and newspapers.

The only authorized district-wide campaigns for solicitation of funds from employees and students will be the United Way campaign and the Millard Public Schools Foundation campaign.

Participation in fundraising activities by students and staff must be voluntary.

Schools may not use class time to participate in fundraising activities, unless the fundraising activity is within the context of a curricular program.

Schools may not use door-to-door solicitations in their fundraising activities.

Schools may not exclude any students from attending celebratory or recognition activities that occur as a result of fundraising activities.

The District does not by this Rule create or establish an open or public forum and reserves the sole and absolute right to determine the acceptable fundraising activities conducted district-wide.

Any student who does not qualify for free tuition shall be charged tuition in an amount equal to the “Annual Cost Per Pupil ADM” contained in the most recent Annual Financial Report filed with the Nebraska Department of Education. One-half of such tuition shall be paid to the District before such student is admitted to classes each semester.

I. Gifts and Donations 

A. Gifts and donations that satisfy the criteria below may be accepted by building principals on behalf of the District although the Superintendent (or designee) has the ultimate authority with respect to any gift or donation. To be acceptable by a building principal, a gift or donation must satisfy all of the following criteria:

1. Shall have a purpose consistent with those of the District;

2. Shall not bring undesirable or hidden costs to the District;

3. Shall not place restrictions on the school program;

4. Shall not deter the best instructional practice of students;

5. Shall not imply endorsement of any business or product; 

6. Shall not be in conflict with any provision of the District rules or public law; 

7. Shall not be intended for or to be used for a “special project” as defined in District Rule 3614.1 unless the special project has been previously approved by the Superintendent (or designee) as provided herein.

8.  Shall not be a donation of technology unless the donation has been previously approved by the Superintendent (or designee);

9.  Shall not be a donation with a value in excess of $10,000 unless the donation has been approved by the Superintendent (or designee).

B. Once accepted, any gift or donation shall become the property of the District. The Superintendent (or designee) shall have the right to cancel or terminate any gift or donation after acceptance if the Superintendent (or designee) determines that in his or her discretion, the gift or donation no longer serves the best interest of the District. 

C. The acceptance of any gift or donation shall not be construed as an endorsement of any particular individual, business enterprise or commercial product by the District. The District may, but is not required to publicly recognize donors as part of an acceptance of any gift or donation.


II. Grants. 

A. Grants of more than $5000 require approval from the Grants Office prior to submission.

B. If a grant proposal/application submission would provide funding for any “special project” as that term is defined in District Rule 3614.1, the special project must be pre-approved by the Superintendent (or designee) prior to submitting it to the Grants Office for review and approval.

C. Grant funding shall be used by the school and/or the District only as specified in the proposal, funding award notification, and/or applicable state and federal law unless prior approval has been obtained in writing from the funding source.

D. The Superintendent (or designee) shall have the right to cancel or terminate any grant if the Superintendent (or designee) determines that in his or her discretion that the grant no longer serves the best interest of the District. 
 

Purchasing of goods and services for the District shall be done efficiently, economically, competitively and without prejudice or favoritism towards any vendor. All purchases shall be made in a manner consistent with federal law, state law, and District policies, rules, and procedures.

In making purchasing decisions, consideration must be given to the quoted price but may also be given (when appropriate) to other factors including, but not limited to:

    A.    Quality and reliability of the product or service
    B.    Availability of repair services and replacement parts
    C.    Availability and reliability of product support
    D.    Economy and efficiency which may result from standardization
    E.    Compatibility with the end user’s needs
    F.    Timely delivery
    G.    Compliance of vendors with District policies and rules as well as applicable law

The superintendent (or designee) may develop administrative procedures consistent with this Rule. Such procedures may provide specific steps to be followed in purchasing certain goods and/or services. Upon publication of such administrative procedures, all purchases encompassed by the procedures shall thereafter be made in a manner consistent with such procedures.

In the event the superintendent (or designee) determines that a product or service has characteristics that are sufficiently unique to preclude price quotes from competing vendors, the superintendent (or designee) may proceed with negotiating a purchase of the product or service if, in his/her opinion, the purchase is nonetheless in the best interest of the District.

All payments for goods and services shall be presented to the Board of Education for approval prior to remittal except under the following circumstances: (a) the purchasing circumstances require immediate payment, (b) the district’s payment schedule presents an undue hardship for the vendor, (c) early payment avoids a late charge or results in a discount for the District, and (d) the Board of Education cancels or reschedules a regular board meeting. The preceding exceptions shall apply only when there are no known disputes regarding the claim for payment.

The audit examination shall be conducted in accordance with generally accepted auditing standards and shall include all funds over which the Board has direct or supervisory control.

The Board shall select an auditing firm experienced in municipal accounting and willing to perform the required services for the established fee.

All cash, checks, or other funds received by the District (including funds received by and/or for student organizations) shall be deposited expeditiously into the appropriate bank accounts and recorded on the District’s financial records in a manner consistent with the requirements of federal law, state law, and District rules and procedures. 

For all cash and checks received by a District employee or a student organization representatives: 

1. When requested, a receipt shall be issued by such employee or representative to the party tendering the cash or check. When a receipt is not requested, the employee or representative shall be responsible for maintaining an accounting record of the receipt in a manner approved by the Superintendent or designee. (This section shall not apply to the sale of food, drink, or other such concession items where immediate possession of the product is given in-lieu of a receipt.) 

2. Each building shall ensure that its procedures provide for a least two people independently counting such funds and documenting such count.

There shall be established a Safety Committee consisting of eight members: 

    a. four of whom shall be appointed by the Superintendent, or his or her designee; and, 

    b. one who shall be selected and appointed by the collective bargaining units representing the certificated staff (teachers and nurses); and, 

    c. one who shall be selected and appointed by the collective bargaining unit representing the custodial and maintenance staff; and, 

    d. one who shall be selected and appointed by the collective bargaining unit representing the educational paraprofessionals; and, 

    e. one who shall be selected and appointed by the Superintendent, or his or her designee to represent non-union employees including professional technical employees and food service. 

The safety committee will operate within the guidelines established by the Nebraska Department of Labor for injury prevention programs. Each school principal shall be responsible for implementing the district safety program in his or her building. The Superintendent will assign an administrator the responsibility for implementing the district safety program in each of the district’s non-school buildings.

I. All special projects shall require written approval by the Superintendent (or designee) prior to commencement of the project.

A. “Special projects” shall include, but not necessarily be limited to, projects that involve the following:

1. Building additions or renovations (including out-buildings)

2. Planting of trees, shrubs, flowers, or any other plants

3. Landscaping

4. Drilling, cutting, or otherwise penetrating the walls, ceilings, or floors of any facility.

5. Carpeting & painting

6. HVAC, electrical, & plumbing

7. Installation of marquees or other permanent exterior signs

8. Fencing

9. Irrigation systems

10. Sidewalks, driveways, parking lots or other concrete work

11. Playground equipment

12. Technology (including but not limited to data, voice, and video systems) that would be (or could be) connected to or impact the District’s data network

13. Any equipment or device that would become permanently affixed to any building or grounds (e.g., picnic tables, bike racks, benches, etc. that are anchored in concrete)

B. “Special projects” shall not include the following:

1. The taping of materials to walls (within the limitations provided by the fire code).

2. The tacking of materials to bulletin boards or other surfaces designed specifically for such use.

3. The moving of desks, chairs, file cabinet, or other stand alone furniture or equipment that is not fastened to or otherwise attached to the floors, walls, or ceilings of a facility.

4. The routine repairing and/or maintaining of existing facilities, grounds, and equipment by the District’s custodial, grounds, maintenance, and technology personnel.

5. The hanging of pictures, plaques, posters, etc. that are light-weight (i.e., not exceeding 10 lbs.). Such hangings shall not be in close proximity to electrical wiring; data, video, or voice cabling; HVAC control systems; or any other such installations that may be present in or on the walls.

C. All proposed special projects shall be reviewed in light of the following criteria:

1. The project must be clearly defined.

2. The project must be beneficial and desirable to the District.

3. The funding for the project must be clearly delineated and the funds must be committed and immediately available.

4. The project must contain materials and equipment that are appropriate for their intended use.

5. The project materials, equipment, and workmanship must meet the standards of the District for those areas for which standards have been established (e.g., color and quality of paint, width and depth of sidewalks, make and model of defibrillators, etc.).

6. The project shall not present unacceptable long-term operational, maintenance, licensing, or other expenses for the District.

7. The project must meet all building, fire, and safety codes; all ADA requirements; and all other requirements of local, state, and federal law.

8. The project must not interfere with the physical integrity of (or access to) existing utilities, cabling, irrigation systems, or other installations (either above or below the surface) or, in the alternative, must provide for the relocation of such installations.

9. The outside contractors (or others acting as such) for the project shall possess the appropriate skills and experience and, further, shall carry insurance coverage deemed appropriate by the District (with the District named as an additional insured).

10. Any other reasonable criteria deemed appropriate by the Superintendent (or designee).

II. The District may require that a project be designed by an architect and/or engineer. The architect and/or engineer shall be selected by (and be directed by) the District. The cost of such services shall be paid for by the District.

III. All applications for approval of special projects must be submitted by the building principal (or the highest ranking administrator at a site without a principal). If any student, parent, or community groups are directly involved in a special project, such group(s) shall work directly with and through the building principal. They shall not work with or through the District’s architects, engineers, or project managers. After a special project is approved, the building principal shall periodically update the Superintendent (or designee) on the progress of the fundraising activity for the special project, if any.

IV. No administrator shall approve (or acquiesce to) any special project being conducted in the facilities or on the grounds under his/her supervision unless such project has received prior written approval as noted hereinabove. Administrators and building principals shall not enter into any contracts for special projects. The Superintendent (or designee) shall have the sole authority to enter into such contracts. The Superintendent (or designee) shall also have the sole authority to approve any alterations or changes to the special project suggested by the contractor or by the District’s architects, engineers or project managers.

V. Any employee who has knowledge of the planning or commencement of an unapproved project in the facilities or on the grounds of the District shall immediately notify the Superintendent (or designee) or the administrator who has supervisory responsibility for such facilities or grounds.

I. The school district’s attorney shall review:

A. land purchase contracts

B. construction contracts

C. easements and/or permits for utilities

D. title and deeds for dedicated sites

E. the need for new legislation relative to special land use


II. The school  district’s attorney shall prepare:

A. titles and deeds

B. settlement documents for land transfer

C. condemnation documents for site and easement acquisition

D. liens and claims

E. deeds of dedication for rights-of-way

F. resolutions for board approval involving easements, rights-of-way, and land sales


III. The school district’s attorney shall provide legal representation during condemnation proceedings, suits involving construction contracts and payments.

IV. The school district’s attorney shall coordinate settlement and condemnation payments for land and easement acquisition.

This applies to those construction projects that the District determines to use the construction management at risk (CMR) construction delivery process.

Construction management at risk contract means a contract by which a construction manager (a) assumes the legal responsibility to deliver a construction project within a contracted price to the District; (b) acts as a construction consultant to the District during the design development phase of the project when the District’s architect or engineer designs the project; and (c) is the builder during the construction phase of the project.

The District shall follow all requirements in the selection of a CMR, including, but not limited to, those set forth in this Rule and as provided by law.

The District shall comply with all required filings with the Nebraska Department of Education related to CMR processes.

The Superintendent or designee shall promulgate CMR regulations detailing the following procedures.

Following the acquisition of professional architectural or engineering services as required for the select project, the District shall publish a request for letters of interest which shall be published in a newspaper of general circulation within the District at least thirty days prior to the deadline for receiving letters of interest and send such request for letters of interest by first-class mail to any prospective construction manager upon request.

Letters of interest shall be reviewed by the District in consultation with the architect/engineer. The District shall select at least three prospective construction managers, except that if only two prospective construction managers have submitted letters of interest, the District shall select at least two prospective construction managers. The selected prospective construction managers shall then be considered pre-qualified and eligible to receive requests for proposals.

After selecting pre-qualified construction managers, the District shall prepare a request for proposals for each CMR contract at least thirty days prior to the deadline for receiving and opening proposals. Notice of the request for proposals shall be published and filed as required by law. The request for proposals shall be sent only to the construction managers selected under the pre-qualification procedures of this policy. The request for proposals shall contain all elements required by law.

Proposals shall be sealed and shall not be opened until expiration of the time established for making proposals as set forth in the request for proposals. Proposals may be withdrawn at any time prior to acceptance. The District shall have the right to reject any and all proposals except for the purpose of evading the provisions and policies of the Nebraska Schools Construction Alternatives Act.

The District shall evaluate and rank each proposal on the basis of best meeting the criteria in the request for proposals and taking into consideration the recommendation of the selection committee. The selection committee shall be a group of at least five persons designated by the District and shall include, at a minimum, the following:
1. A member of the Board;
2. A member of the school administration or staff;
3. The school’s architect or engineer;
4. Any person chosen by the District for providing expertise relevant to selection of a construction manager under the Nebraska Schools Construction Alternatives Act; and
5. A resident of the District not included in the four preceding subsections.

A member of the selection committee designated under subdivision (4) or (5) of this subsection shall not be employed by, or have a financial or other interest in, a construction manager who has a proposal being evaluated and shall not be employed by the District or the District’s architect/engineer.

The selection committee shall evaluate proposals, taking into consideration the criteria enumerated with the maximum percentage of total points for evaluation which may be assigned to each as required by law.

The selection committee shall keep and maintain minutes and permanent records of the committee proceedings.

In the event of a dispute, an interested party may submit a written protest to the Superintendent or the Superintendent’s designee. The protest shall be submitted on company letterhead. Protests based on alleged improprieties in a solicitation or other request for proposals must be filed at least five (5) days before the closing date for the receipt of proposals. In all other cases, the protest must be filed within five (5) working days following the selection of the CMR. To expedite the handling of protests, the envelope containing the protest should be clearly labeled “Protest.” The written protest shall include at a minimum the following:

1. The name and address of the interested party;
2. An appropriate identification of the relevant solicitation;
3. A statement of the reasons for the protest; and
4. Supporting evidence or documents to substantiate any claims.

The Superintendent or designee shall decide whether or not the award of the contract shall be delayed or whether the performance of the contract should be suspended while evaluating the protest of an interested party. The Superintendent or designee shall issue a decision to any protest within ten (10) working days. The decision of the Superintendent or his designee shall be final.

The District shall attempt to negotiate a construction management at risk contract with the highest ranked construction manager and may enter into a construction management at risk contract after negotiations. If the District is unable to negotiate a satisfactory contract with the highest ranked construction manager, the District may terminate negotiations with that construction manager and undertake negotiations with the next highest ranked construction manager and may enter into a construction management at risk contract after negotiations.

A construction management at risk contract may be conditioned upon later refinements in scope and price and may permit the District, in agreement with the construction manager, to make changes in the project without invalidating the contract.

I. All employees of contractors and/or subcontractors must receive proper security clearance prior to working at a District facility and to receive a District-issued security badge. 

II. At least two weeks prior to the anticipated start date of any work at a District facility or on grounds owned, leased or operated by the District, all contractors and subcontractors shall submit the names of all employees who will be working on the project to a District-approved background check company in order to receive proper security clearance for a District security badge. The District may, but is not required to, excuse the employees of any contractor or subcontractor from a criminal background check, if an employee has previously received security clearance to work at District facilities during a two-year period prior to the anticipated start date of the project. Any employee who does not pass the District’s security requirements shall not receive a security badge and shall not be permitted to work at a District facility or on grounds owned, leased or operated by the District.

III. To receive proper security clearance and be issued a District security badge, the criminal background check must show that the employee of a contractor or subcontractor has:

1. No felony convictions (where the court’s jurisdiction is continuing or ended less than seven years ago) for a crime involving weapons, drugs, violence, theft, robbery, burglary, terroristic threats, or sexual offenses;

2. No felony charges pending court adjudication or disposition for a crime involving weapons, drugs, violence, theft, robbery, burglary, terroristic threats, or sexual offenses;

3. No misdemeanor convictions (where court jurisdiction is continuing or ended less than five years ago) for a crime involving weapons, drugs, violence, theft, robbery, burglary, terroristic threats, or sexual offenses;

4. No misdemeanor charges pending court adjudication or disposition for a crime involving weapons, drugs, violence, theft, robbery, burglary, terroristic threats, or sexual offenses.

IV. Once the criminal background check is completed, the contractor and/or subcontractor is responsible for providing a list of employees who have passed the criminal background check to the District prior to the District issuing a Notice to Proceed with the project or prior to the District approving the commencement of any work at a District facility or on District property. 

V. After the commencement of the work or project at a District facility or on District property, all contractors and subcontractors shall self-report to the District and the District-approved background check company any subsequent criminal arrests and convictions, or any unknown prior criminal arrests or convictions that were not known prior commencement of the work or project, for any offense described in this rule, of an employee working at a District facility or on District property. Such obligation to self-report any subsequent criminal arrests or convictions is to ensure the safety and security of the Districts students, visitors, employees, property and equipment and such obligation shall continue throughout the term of the contractor’s and/or subcontractor’s contract. 

VI. The employees of a contractor and/or subcontractor shall comply with all District rules and policies. The District reserves the right to revoke a security badge and to remove any employee of a contractor or subcontractor from school property if an employee is not wearing the security badge, has violated any District policy or rule, is being disruptive to the educational environment, or is deemed to be a threat to the safety of the students or District employees in the District’s sole discretion. 

VII. The District reserves the right to terminate the contract of any contractor or subcontractor if the contractors’ or subcontractors’ employees fail to wear security badges, are consistently disruptive while working on District property, or if such vendor or contractor refuses to abide by the District’s directive to remove an employee from school property.

A committee of the Board, appointed by the Board President, will consider all suggestions offered and will make a recommendation to the Board of Education. The chairperson of the committee shall be appointed by the Board President.  The chairperson shall determine the timelines, schedules and name collection procedures for completing the committee’s assignment. The committee may solicit names from the community or from members on the committee.  In considering names for the facility, the committee shall consider individuals, living or deceased, who have contributed to education, the community, the District, the city, the state, or the country. Consideration may also be given to geography, location of subdivision, former owners of the property on which the building is situated, or major financial contributors to a particular project or the District.

Buildings that may be named include new school buildings, existing school buildings or facilities that have not been named after an individual; outdoor facilities, including stadiums and facilities within the building such as a media center, gymnasium, or auditorium. Facilities that currently exist and are named after an individual will not be rededicated or renamed unless the facility is relocated to a new site or a different purpose is designed for an existing facility. Facilities that have been dedicated and named for locations, geography, subdivisions, former owners of the property on which the building is situated, may be renamed and rededicated by action of the Board. Facilities within existing buildings that are not currently named or dedicated may be named in accordance with this policy.

Officers of the Board of Education at the time the contract is awarded will be listed, followed by other board members. Members who join the Board during construction of the building will be included on the list.

The following procedures shall be followed with respect to the administration of board-approved construction, renovation, and remodeling of capital improvements of the District (hereinafter referred to as "construction"). 

I. Definitions 

For purposes of this Rule, the following definitions shall apply: 

A. "Superintendent's Construction Review Committee" shall mean a committee established by the superintendent to receive construction reports and other communications from the owner's representative(s) and to make decisions under the provisions of this Rule on construction related matters. 

B. "Time is of the Essence" shall mean that time is a material condition in a construction contract and delay in the performance of the contract could disrupt the orderly progress of the construction, affect the operations of the District, or affect the cost of construction. 

C. "Owner's Representative(s)" shall mean the construction manager(s), architect(s), engineer(s), or consultant(s) employed by the district to assist with the construction. 

II. Incorporation of Rule Into Contracts and Agreements 

All contracts or agreements between the District and the construction manager(s), architect(s), engineer(s), or consultant(s) shall incorporate this Rule. 

III. Change Orders Changing Cost of Construction $10,000 or Less 

A. Change Orders either increasing or decreasing the contract amount by $10,000 or less may be approved by the Superintendent or his/her designee upon the recommendation of the owner's representative(s) having the duty and responsibility to make the recommendation to the District. 

B. The Change Order shall not require prior approval of the Board of Education but shall be reported to the Board of Education at one of its regularly scheduled meetings or special meetings within ninety days of such approval. 

IV. Change Orders Increasing or Decreasing the Cost of Construction in an Amount Exceeding $10,000: 

A. Where Time Is of the Essence: Where time is of the essence, proposed Change Orders may be approved by the Superintendent or his/her designee without prior presentation to the Board of Education if: 

1. The owner's representative(s) with the responsibility of submitting recommendations for Change Orders to the District determines that time is of the essence and that the decision on the Change Order cannot reasonably be delayed for submission to and consideration by the Board of Education, and submits its determination in writing to the Superintendent, and 

2. The Superintendent or his/her designee determines that time is of the essence and that a decision in the Change Order cannot reasonably be delayed for submission to and consideration by the Board of Education prior to the approval of the Change Order, and 

3. Both the owner's representative(s) and the Superintendent or his/her designee agree that the Change Order is reasonable and necessary, and 

4. In the event the superintendent or his/her designee, in consultation with the Superintendent's Construction Review Committee and the owner's representative(s) are of the opinion that the proposed cost, scope, or effect of the Change Order is not reasonable or beneficial to the district, the contractor may be directed to proceed with the change proposed subject to a determination of cost at a later date. 

Change Orders under this subparagraph shall be reported to the Board of Education at one of its regularly scheduled or special meetings within ninety days of the approval of the Change Order by the Superintendent or his/her designee. 

B. Where Time is Not of the Essence: 

Change Orders where time is not of the essence shall be submitted to the Board of Education for consideration, approval, or rejection at a regularly scheduled or special meeting of the Board of Education in such form as the Board my require. 

V. Material Changes: 

Notwithstanding any other provisions of this Rule, no Change Order may be approved which materially changes the scope of a construction project without prior approval of the Board of Education. 

VI. Execution of Documents: 

Change Order documents may be executed by the Superintendent or his/her designee, and, the Chief Financial Officer is designated to so act on behalf of the Superintendent.

Pursuant to the requirements of the National School Lunch Program, the following rules, guidelines, and requirements are adopted for the administration of the District’s wellness policy and for the operation of the District’s Nutrition & Wellness Committee:

1.0 Participation

1.1 In addition to representation on the District’s Nutrition & Wellness Committee as provided in Policy 3713, parents, staff, students, and others in the general public shall be provided an opportunity to participate in the development, implementation, review, and update of the local wellness policy as follows: 

1.1.1 The District’s website shall provide a link to an electronic means for individuals to share their thoughts, opinions, information, and suggestions with regard to the development, implementation, review, and update of the District’s wellness policy. 

1.1.2 The committee(s) established by the District to review and revise its curricula related to health and physical education shall share the information such committee(s) received during their review processes with the District’s Nutrition & Wellness Committee.

2.0 Leadership 

2.1 At the building level, the building principal shall have the authority and responsibility to ensure that his/her building is in compliance with the District’s wellness policies, rules, and procedures. 

2.2 At the District level, the superintendent or designee shall have the authority and responsibility for ensuring compliance with the District’s wellness policies, rules, and procedures.

3.0 Communications 

3.1 All required communications related to the District’s wellness policy shall be conducted via the District’s website or some other reasonable avenue of communication approved by the superintendent or designee. 

3.2 The District may, at its discretion, also communicate optional information related to nutritional and wellness via its website or some other reasonable avenue of communication approved by the superintendent or designee.

4.0 Specific Goals 

4.1 Sleep: Students will synthesize the benefits of sleep by incorporating these behaviors in order to ensure a healthy sleep routine. Progress will be monitored in a designated middle school course. 

4.2 Exercise: Students will synthesize the benefits of vigorous exercise by incorporating these behaviors into their lifestyle. Progress will be measured in a designated middle school course. 

4.3 Nutrition: Students will synthesize the benefits of healthy, balanced eating habits by adopting healthy food choices. Progress will be measured in a designated middle school course. 

4.4 Stress: Students will synthesize the impact of stress by participating in ways that will enhance behaviors and eliminate and/or reduce health risks. Progress will be measured in a designated middle school course.

5.0 Nutrition Guidelines 

5.1 The nutrient content of all foods and beverages served in the District’s breakfasts, lunches, and a la carte shall be consistent with the nutritional standards for such programs. 

5.2 The nutrient content of all other foods and beverages sold to students during the school day shall also be consistent with such standards. Pursuant to federal regulations, the term “School Day” shall include the time from midnight and until thirty- minutes after classes have been dismissed for the day.

6.0 Outside Food & Beverages 

6.1 Outside foods and beverages (e.g., foods and beverages brought into the schools by parents or others for birthday parties, classroom snacks, incentive programs, etc.) shall meet the following provisions: 

6.1.1 Distribution of outside foods and beverages must receive prior approval from the building principal. Except as specifically approved by the building principal, such foods and beverages must be commercially purchased and packaged and shall not be distributed beyond the expiration date noted on the package. 

6.1.2 The building principal shall have the authority to prohibit distribution of any and/or all outside foods and beverages in his/her building. 

7.0 Marketing/Advertising 

7.1 Marketing and advertising for foods and beverages during the school day shall be limited to those items that meet the Smart Snacks in School nutrition standards. 

8.0 Evaluation 

8.1 The District shall assess its wellness policies, rules, and procedures at least once every three years to determine: 

8.1.1 The extent to which buildings are in compliance with the district’s policies, rules, and procedures. 

8.1.2 The extent to which the District’s policies, rules, and procedures compare to model policy, rules, and procedures. 

8.1.3 The progress made by students in attaining the goals noted hereinabove. 

8.2 The District shall make its assessment results available to the public via its website or via some other reasonable means of communication.

I. The following definitions shall apply to this Rule: 

A. “A la carte” shall mean individually priced food items (i.e., protein, fruits, vegetables, grains, and milk). Multiple a la carte items purchased at the same time may constitute a qualified meal if the combination of multiple items meets the United States Department of Agriculture (USDA) requisites. 

B. “Competitive foods” shall mean edible products and/or beverages sold or distributed in or on school owned property when such products and/or beverages are not a part of the District’s food service program. 

C. “Foods of minimal nutritional value (FMNV)” shall mean soda water, water ices, chewing gum, and certain candies (e.g., hard candy, jellies and gums, marshmallow candies, fondant, licorice, spun candy, and candy coated popcorn) as defined by the USDA. 

D. “Qualified meal” shall mean a meal which meets the requisites for a reimbursable meal under the USDA’s National School Lunch and Breakfast Program. 

E. “Snacks” shall mean food or beverage items that are not a component (i.e., protein, fruit, vegetable, grain, or milk) of a qualified meal. 

II. General Provisions 

A. All students in the District shall have access each school day to both breakfast and lunch programs. 

B. A la carte and snack items may be offered to students under the following restrictions: 

    1. Elementary Schools: With the exception of milk, a la carte and snack items may be purchased only after the student has first purchased a qualified meal. 

    2. Middle Schools: With the exception of milk, a la carte and snack items may be purchased only after the student has first purchased a qualified meal while school is in session. When school is not in session students may purchase a la carte items without a qualified meal purchase.     

    3. High Schools: Students shall not be required to purchase a qualified meal prior to purchasing a la carte and snack items. 

C.The procedures of the District’s food service program shall provide multiple ways for students to select their meal items to create a meal package that constitutes a qualified meal. 

D. Classroom snacks may, if approved by the building principal, be given to students at any time during the school day other than 30 minutes before and after those times when qualified breakfasts or lunches are being served. Birthday parties, holiday events, and all other activities held during the school day shall be subject to this provision. 

E. In elementary schools, deep-frying shall not be used as a method of on-site preparation of food. Flash-fried foods from the manufacturer may be served if such foods are heated on-site by a means other than deep-frying. 

F. Restrictions on FMNV 

    1.No foods of minimal nutritional value (FMNV) shall be sold or served to students the midnight before to 30 minutes after the end of the official school day. 

    2. The restriction on selling or serving FMNV shall not apply to the following: 

        a. Foods or beverages sold or served as part of a limited fundraising activity or other school-related activity approved by the building principal. Such items may be sold during school days other than 30 minutes prior, during, and 30 minutes after those times when qualified breakfasts or lunches are being served. “Limited fundraising” shall be defined by FNS NDE. 

        b. Foods or beverages dispensed by a nurse to students during the course of providing healthcare to the student. 

        c. Foods or beverages dispensed to a special needs student pursuant to the student’s individual education plan (IEP). 

        d. Foods or beverages served to students as part of the curriculum (e.g., cultural heritage presentation). 

        e. Foods or beverages on field trips or other activities held off school grounds. 

        f. Foods or beverages which are brought to school by a student for the purpose of the student’s personal consumption. 

III. Nutritional Standards 

A. Food items shall meet all requirements set by the USDA for the National School Lunch and School Breakfast Programs: Nutritional Standards For All Foods Sold in schools, as required by the Healthy, Hunger-Free Kids Act of 2010. 

B. All items sold that are defined as “competitive foods”, must meet all guidelines provided by Food and Nutritional Services, USDA, 7 CFR, Parts 210 and 220. 

IV. Serving Portions 

Serving portions shall meet all requirements set by the USDA for the National School Lunch and School Breakfast Programs: Nutritional Standards For All Foods Sold in schools, as required by the Healthy, Hunger-Free Kids Act of 2010.

I. The following beverage offerings comply with the beverage policy stated in the nutrition standards for all foods sold in school required by the Healthy, Hunger Free Kids Act and may be sold in the District’s schools: 

A. Elementary Schools 

1. Water- Plain, with or without carbonation; any size

2. ≤8 oz. servings of milk and 100% juice 

a. Skim, flavored skim, 1% unflavored and nutritionally equivalent (per USDA) milk alternatives 
b. 100% fruit or vegetable juice, with or without carbonation 
c. 100% fruit or vegetable juice diluted with water, with or without carbonation and no added sweeteners 

B. Middle Schools 

1. Water- Plain, with or without carbonation; any size

2. ≤12 oz. servings of milk and 100% juice

a. Skim, flavored skim, 1% unflavored and nutritionally equivalent (per USDA) milk alternatives 
b. 100% fruit or vegetable juice with or without carbonation 100% fruit or vegetable juice diluted with water, with or without carbonation and no added sweeteners 

C. High Schools

1. Water- Plain, with or without carbonation; any size

2. No calorie and low calorie beverages with or without caffeine and/or carbonation; calorie free, flavored water 

a. ≤ 12 fl oz. “lower calorie” maximum 40 cal/8 fl oz. Maximum 60 cal/12 fl oz. 
b. ≤ 20 fl oz. “no calorie” less than 5 cal/8 fl oz…Maximum 10 cal/20 fl oz.

3. ≤12 oz. servings of milk and 100 juice

a. Skim, flavored sim 1% unflavored and nutritionally equivalent (per USDA) milk alternatives 
b. 100% fruit or vegetable juice with or without carbonation and 
c. 100% fruit or vegetable juice diluted with water, with or without carbonation and no added sweeteners

II. The above requirements apply to beverages sold on school grounds during the regular day as defined by the USDA.

I.    The District shall provide the following student transportation services to students at the elementary school level:

A.    Any elementary students who live more than two miles from their assigned schools shall be provided free transportation services to such schools. 

B.    The Board of Education may, in its sole discretion, approve additional free transportation services for students who reside within two miles of their assigned school, however, there shall be no bus stops located within a one-mile radius of the main entrance of such elementary school.  Students residing within such one-mile radius may, if they so choose, walk to a regularly scheduled bus stop (beyond one mile) to board and ride such bus.

C.    The location and spacing of bus stops (consistent with the foregoing) shall be determined by the superintendent (or designee).

D.    In areas where there is no District-provided transportation service, parents may, at their expense, seek to contract for such services directly with the District’s contracted transportation service provider (or any other transportation provider).

II.    The District shall provide the following student transportation services to students at the middle school level:

A.    The District shall arrange transportation services for all middle school students who live more than two miles from their assigned schools. There shall be a charge for such transportation. The charge for such services shall be determined annually by the District. The charge may (but need not be) sufficient to recover the full cost for such services.

B.    No transportation services shall be arranged by the District for students living within two miles of their assigned schools, however, the parents of such student may, at their expense, seek to contract for such services with the District’s contracted transportation service provider (or any other transportation provider).

C.    Any middle school student who lives in a subdivision that was reassigned to another middle school further from the subdivision than its original school shall be provided transportation services to his/her assigned school provided that such services were approved by the Board of Education at the time of such reassignment

III.    The District shall provide the following student transportation services to students at the high school level:

A.    The District shall provide transportation services free of charge to any student who lives more than four miles from his/her assigned school. However, the District may, at its sole discretion, elect to provide mileage reimbursement to any or all such qualifying students in lieu of transportation. The mileage reimbursement rate for such shall be as prescribed by state law.

B.    No transportation services shall be provided by the District for students living within four miles of their assigned high schools, however, the parents of such students may, at their expense, seek to contract for such services with the District’s contracted transportation service provider (or any other transportation provider).

IV.    Unless otherwise required by law, the District shall not provide transportation services to in-District transfer students (i.e., those students who, at their request, are permitted to attend a school other than the school to which they would have been assigned based upon the location of their residence).

V.    Parents who use private transportation service providers to transport their students to or from school, assume all risks and are responsible for all safety precautions associated therewith, including but not limited to instructing their students on safety and safety precautions. The District and school staff do not screen, select or approve such private transportation service providers, do not request identification from the drivers, and do not supervise the drivers or the pickups, the drop offs, or the transportation.

As a part of their job duties, district employees may administer medication to students in accordance with Rule 59 of the Department of Education and the Medication Aide Act. This may include non-medical professionals.

Employees who administer medication within the scope of their employment in accordance with the Medication Aide Act are generally covered by the District’s liability insurance. To the extent an employee is not fully covered by insurance for all potential losses in this regard, the District will indemnify and hold the employee harmless from all claims brought against the employee related to his/her administration of medication to a student that is within the scope of his/her employment at Millard Public Schools.

Pursuant to Policy 3921, the District does not sponsor, participate in or endorse any student travel outside of the United States. In furtherance of such policy, the following rules are established:

1. If a private (non-school-related) organization desires to arrange private foreign travel, the organizational meetings for such travel should be held at non-school locations. However, if the private organization submits a request to use District facilities for such purposes, the request shall comply with the District’s facility use policies and procedures and the organization shall be treated as a for-profit organization. Further, within the first ten minutes and again during the last ten minutes of any meeting held on school property, the individual in charge of such meeting shall inform those in attendance that the travel is in no way sponsored, participated in or endorsed by the Millard Public Schools.

2. No money for such private travel shall be deposited into or comingled with District funds nor shall any expenses for such private travel be paid out of District funds.

3. No fundraising activities for such private travel shall be conducted on school grounds or as part of any District or school activity.

4. No teacher, administrator, or other employee of the District shall, in his/her capacity as a District employee, promote private travel plans in his/her classroom, at school activities, or during any other time when the teacher is on duty with the District. Notwithstanding the foregoing, a teacher may, during the summer months when he/she is off contract with the District, provide services to a private organization conducting foreign travel tours.

The District does not sponsor nor endorse any student travel when such travel is not a school-sponsored and/or District-sponsored activity. 

If a private (non-school-related) organization desires to arrange private travel, the organizational meetings for such travel should be held at non-school locations. However, if the private organization submits a request to use District facilities for such purposes, the request shall comply with the District’s facility use policies and procedures and the organization shall be treated as a for-profit organization. Further, within the first ten minutes and again during the last ten minutes of any meeting held on District property, the individual in charge of such meeting shall inform those in attendance that the travel is in no way sponsored or endorsed by the District.

No money for such private travel shall be deposited into a District account nor shall any expenses for such private travel be paid out of District funds.

No private travel fundraising activities shall be conducted on District grounds, except as approved pursuant to the District’s facility use policies. No private travel fundraising activities shall be conducted or as part of any school activity.

No teacher, administrator, or other employee of the District shall, in his/her capacity as a District employee, promote private travel plans in his/her classroom, at school activities, or during any other time when the teacher is on duty with the District. Notwithstanding the foregoing, a teacher may, when he/she is not scheduled to work a contract day with the District, provide services to a private organization conducting private travel tours.