500. PROPERTY 501. MAINTENANCE Date Adopted: 10/16/08 1.
Purpose 1.1
2.
Authority 2.1
3.
Adequate maintenance of buildings, grounds and property is essential to efficient management of the School.
The Board directs that a continuous program of inspection and maintenance of all school buildings and equipment be implemented. Wherever possible, maintenance shall be preventive.
Delegation of Responsibility 3.1
The CEO shall develop and implement a maintenance program which shall include a regular program of facilities repair and conditioning, critical spare parts inventory, and an equipment replacement program.
3.2
The CEO shall develop such guidelines as may be necessary for the maintenance and repair of the physical plant.
3.3
The CEO shall report to the Board regarding the current maintenance and improvement program.
TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS CONTROL.
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502. SAFETY Date Adopted: 10/16/08 1.
Purpose 1.1
2.
Authority 2.1
3.
The Board directs that the facilities of this school shall be maintained and operated in a safe condition.
The Board directs that there shall be developed, published and posted rules for safety and the prevention of accidents. These rules shall provide for instruction of students and staff in safety and accident prevention, provide protective devices where they are required for the safety of students and employees, and provide suitable and safe equipment where such equipment is necessary for the conduct of the educational program and the operation of the schools.
Delegation of Responsibility 3.1
The CEO shall prepare rules governing school safety and the prevention of accidents and fire which shall include as a minimum the requirements of law and the applicable regulations of various department of State government. Such rules shall provide regulations and precautions for the safety of students in school, employees in performance of their duties, students in transit to and from school, injured students and employees, and visitors to the schools. Combustible Items Nothing is to be stored under stairways, in rooms housing electrical equipment, in fresh air intakes, in ducts of the ventilating systems, on fire escapes or other stairways, in corridors, in passageways leading into fire escapes, or in classroom exit doorways. All combustible items such as paper, cartons, wood and textiles shall be kept in closets or on shelves in a mannerly condition; these supplies shall be kept to a minimum. Cloths, rags, books and/or paper decorations shall not be placed in contact with radiators, steam pipes or other heated surfaces. Raffia, cotton waste, and/or similar materials are to be stored in covered metal containers.
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Stage scenery, costumes and other stage properties shall be handled and stored with all precautions necessary to prevent fire. Excess and non-usable materials of a combustible nature shall be promptly removed to reduce fire hazards. The hanging of flammable decorations is prohibited at all times. Open flames shall not be used during performances. The City Fire Code places limitations on the amount of flammable and combustible liquid that may be stored in a building. The limitation established is usually six (6) gallons. All paints, oils, turpentine, shellac, varnish, lacquers, duplicating fluids, and other flammable liquids or solvents shall be kept in specially provided metal cabinets when not in use. This applies to unopened as well as opened containers. Electrical Equipment and Appliances No electrical installations are to be made in any school facility by persons not authorized by the Board . All permanent electrical equipment or wiring must be installed under authorization of the CEO. Only officially approved equipment and appliances must be used, in accordance with accepted safety practices. Approval for the use of electrical appliances and devices must be secured by teachers from the CEO. The use of multiple or “octopus” wall outlet fittings is not permitted and must be eliminated. Curtains and Drapes All curtains and/or drapes in areas equipped with a stage platform, must be flameproof, unless the material is non-flammable. Only non-flammable curtain materials may be used on windows. The CEO shall annually review with the Board all guidelines and regulations dealing with the safety of students and employees and the safe operation of school facilities.
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Students in Transit to and From School TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS CONTROL.
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503. SCHOOL PROPERTY RECORDS Date Adopted: 10/16/08 1.
Purpose 1.1
2.
In order to ensure accountability for the prudent use of public funds, the Board of Trustees directs that a property accounting and inventory system be established and maintained for all real and personal property as defined herein. (a)
Real property shall consist of all land and buildings acquired by Philadelphia Academy Charter School in the course of its operations.
(b)
Personal property shall consist of furniture and equipment items with a purchase price in excess of $ 500.00. All furniture or equipment items of lesser value shall be placed in use without being recorded on personal property inventory records.
(c)
Consumable supplies and materials, including books and computer software shall be accounted for through the use of a stock record and bin card system or its equivalent.
Delegation of Authority 2.1
The Chief Executive Officer (CEO) shall be responsible for the design and implementation of a real and personal property inventory control system. Such inventories shall be maintained on a current basis and shall be verified by annual physical inventories.
2.1
The CEO shall be responsible for the design and implementation of a stock record and bin card system or its equivalent for all consumable supplies and materials including books and computer software. Inventory balances shall be verified by periodic, unannounced physical inventories of stock items.
2.2
This delegation carries with it the delegation of whatever authority is necessary for the successful implementation of an effective inventory control system.
TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS CONTROL.
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504. DISPOSAL OF SURPLUS PROPERTY, OBSOLETE EQUIPMENT, AND REAL ESTATE Date Adopted: 10/16/08 1.
Purpose 1.1
2.
Unneeded surplus, unusable, and/or obsolete property can consume valuable storage space. This policy is intended to quickly and efficiently dispose of such property, thus avoiding future unnecessary handling and storage.
Authority 2.1
When it has been determined that any real or personal property is obsolete or unneeded surplus and should be exchanged for other property, the Board authorized that such property may be sold or exchanged in accordance with any of the following provisions: (1) (2) (3)
3.
4.
The property is no longer required for its originally intended purpose. The property is considered out of date, obsolete, or in unusable condition. The property is in quantities exceeding any possibility of effective use by the school.
Delegation of Responsibility 3.1
Determination as to whether any of the state criteria apply to property possessed by the school shall be made by the Chief Executive Officer, who may delegate this responsibility provided that all requirements of this policy are met.
3.2
The Chief Executive Officer or his/her designee shall be responsible for identifying all obsolete or surplus property. As necessary, he/she may call upon other staff personnel to develop criteria to aid in this identification.
3.3
School equipment owned by the school which is unusable, obsolete, surplus to need, has been replaced, or is otherwise no longer of value to the school will be listed and presented to the Board with a recommendation for disposition.
Guidelines Items of some value may be disposed f in the following ways: (a) (b)
Public auction generally conducted by a licensed auctioneer. Salvage scrap sold to local dealers.
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(c) (d)
Negotiated sale normally used when disposing of items of substantial value, e.g., real estate. Sealed bid normally used for items of substantial value or unique qualities.
TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS CONTROL.
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505. USE OF SCHOOL FACILITIES Date Adopted: 10/16/08 1.
Purpose 1.1
2.
3.
The Philadelphia Academy Charter School shall endeavor to make full use of its facilities for the education of its students and where legally and economically feasible for uses that promote improved community services.
Delegation of Authority 2.1
Within the guidelines of this policy, the CEO, shall have the authority to grant permission for the use of school facilities and to develop regulations and assign responsibilities for such use.
2.2
In the event of circumstances involving serious matters relating to the health and welfare of the school or its community, the CEO shall have the authority to provide use of school facilities without cost to the users.
Guidelines 3.1
3.2
Persons, Groups or Organizations who may use school facilities: (a)
Any non-profit group or organization may use school facilities provided that they do not illegally restrict membership, attendance, or leadership by reason of race, color, religion, creed, ancestry, age, sex, sexual orientation, physical handicap or national origin.
(b)
Non-profit organization shall mean any community civic, cultural, athletic, educational, parent, youth, service or school organization or any governing authority, corporate or public, or any governmental body or any alumni association that desires to use school facilities for social, recreational or other purpose.
Fees and Costs for facilities use: (a)
The CEO shall develop a fee schedule that will fairly reimburse the school for any direct or indirect expenses incurred in making its facilities available for community use. The fee schedule shall be updated periodically to assure its currency.
(b)
Charges and fees set forth in 3.2(a) above shall be waived for the following:
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(1) (2) (3) (4) (5)
3.3
Meetings of the PAC or any of its committees; Meetings of officially recognized alumni or alumnae organizations; Fundraising activities approved by the Board of Trustees; Meetings of scouting organizations serving the school community; In the event of an extreme emergency declared by the Governor, Mayor, or by the City of Philadelphia Emergency Coordinator or by the American Red Cross, school facilities shall be made available as emergency shelters.
Insurance and Indemnification Requirements: (a)
The persons, groups or organizations agree to indemnify and save harmless Philadelphia Academy Charter School, their agents or employee from and against all loss or expenses (including costs and attorney’s fee) by reason of liability imposed by laws upon the school for damages because of bodily injury, including death, at any time resulting therefrom, sustained by any person or persons or on account of damage to property including loss of use thereof, arising out of or in consequence of the use of the school facility/property whether such injuries to persons or damage to property is due or claimed to be due to negligence in whole or in part of the organization, their subcontractors, the Board of Trustees, their agents and employees, except only such injury or damage that shall have been occasioned by the sole negligence of the Board of Trustees, their agents and employees.
(b)
Persons, groups or organizations using school facilities for fundraising purposes shall provide Philadelphia Academy Charter School with a certificate of insurance for a Comprehensive Public Liability Insurance in the amount of not less than One Million Dollars ($1,000,000) indemnifying the school against possible tort claims arising from such use.
(c)
The insurance shall be placed with insurers lawfully authorized to do business in Pennsylvania.
(d)
The company or agency which issues the Certificate of Insurance must provide a complete street address where it can be served with notice (Post Office box addresses will not be accepted) and a telephone number. The company or agency must certify that it is an agent of the insurance company issuing the policy and that its statement is subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities.
(e)
Philadelphia Academy Charter School shall not accept any policy (1) written on a claims made basis or (2) which only names the School as an additional insured or (3) which is written only on an “excess or umbrella” basis or which carries any deductible or self-insured retention over
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$500.00. However, deductibles or self-insured retentions may be declared to and approved by the Board of Trustees. If the deductibles or selfinsured retentions are not approved, the user shall procure a bond guaranteeing payment of losses, investigation, claims administration and defense expenses up to the amount of the deductibles or self-insured retentions. 3.3
Application for Use: (a)
3.4
3.5
All prospective users of school facilities shall apply in writing on a form to be supplied by the CEO. The application form shall include an indemnification agreement to be signed by the user and witnessed by the CEO.
Prohibited Activities: (a)
Use of school facilities for any illegal activity, including but not limited to gambling, and for any activity at which alcoholic beverages will be served is prohibited as is the use of tobacco or illicit drugs.
(b)
The use of equipment or materials on school property which would be generally considered unsafe or dangerous to the user, other participants in the activity.
(c)
Commission of, or failure to control or prevent, acts of vandalism, disorderly conduct, violations of local ordinances, or violations of fire, liquor or criminal laws of the United States or the Commonwealth of Pennsylvania shall disqualify a person, group or organization from future use of a school facility.
Limitations (a)
In order to use the school apparatus, devices, and/or other equipment, an employee must be used as the operator/supervisor. The cost shall be borne by the applicant. A rental fee will also be charged for the use of all equipment used by groups and organizations.
(b)
There will be no installations of equipment or alterations to existing facilities or equipment by the user without prior written approval.
(c)
Smoking is not permitted on any school property.
(d)
Gambling, alcoholic beverages, drugs, or other activities detrimental to the public interest is not permitted in the school facility or on the school property.
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3.7
(e)
Safety regulations prohibit chairs or objects being placed in aisles of the Multi-Purpose Room.
(f)
Security – If, in the opinion of the school, a large attendance is possible or other conditions may exist or be likely to arise that call for special security measures, the use of the facility shall be conditioned upon proper security measures being arranged in advance. The scope of the security measures needed shall be determined by the school. The costs of any security measures are the responsibility of the group/organization using the facility and must be guaranteed in advance. The school reserves the right to modify or increase the security measures required at any time. Any security costs incurred by the school shall be immediately repaid by the group/organization using the facility.
(g)
The designated school representative or employee is required to report all violations of rules and regulations to the CEO and Board of Trustees.
(h)
The school reserves the right to make any rule or regulation which it deems necessary in order to promote and protect the health, safety and welfare of the community and the facility/property.
(i)
All school Board of Trustees’ policies and administrative procedures will be adhered to at all times.
Decorations (a)
All decorations used within the building must be fireproof and are subject to review by school officials. Under no circumstances will open flame decorations be permitted. Decorations cannot be fastened to the walls or ceiling by nails, screws, scotch tape, or other fasteners that will damage the finish of the walls.
(b)
Decorations in the Multi-Purpose Room or foyer are to be limited to floral and flag decorations or those of a free standing informative display type.
(c)
All decorations, furnishings, and equipment intended for use by the renter are to be delivered and installed under the supervision of school staff. Debris must be removed at the end of the scheduled events and the area returned to the previous condition.
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3.8
Responsibilities of User of School Facilities: (a)
The user must inspect the School facilities prior to the commencement of the period of their use and must inform the CEO or designee in writing of any defects which a visual inspection would reveal. If any defects are found Philadelphia Academy Charter School has the right to withdraw its prior authorization to the user to use the school facilities.
(b)
The user assumes the care, custody and control of the school facilities during the period of use. The user is responsible for the monitoring and supervision of all its events at the school facilities during the period of use. Upon expiration of the period of use, the user must return the school facilities in as good order, condition and state of repair as they were prior to their use by the user.
(c)
The School has the right to terminate the use of school facilities by the user due to the user’s non-compliance with the requirements of the policy. Abuse, misuse or vandalism of the school facilities by the user will result in the suspension of the user’s future privileges to use available school facilities.
(d)
The user is responsible for any personal injuries or property damages occurring at the school facilities during the period of use. The user must defend, indemnify and hold the School harmless from and against any losses or damages due to the user’s non-compliance with the requirements of this policy and any losses, damages, claims and expenses arising out of any personal injuries or property damages caused by the user or which occur during the period of use.
TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS CONTROL.
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506. ASBESTOS Date Adopted: 10/16/08 Charter schools must comply with the requirements set forth in the Asbestos Hazard Emergency Response Act (AHERA) (15 U.S.C. §§ 2641-2656 (1986)) and the Asbestos-Containing Materials in Schools Regulations (Regulations) (40 C.F.R Part 763). Compliance with AHERA and the Regulations is mandatory and enforceable by law. Schools that fail to comply with the regulations may be subject to civil or criminal liability, or an injunction. This includes the Annual Notification requirement set forth below. Asbestos is a naturally occurring mineral fiber, once widely used in building materials for its thermal insulating properties and fire resistance. Asbestos-containing materials (ACM) in buildings do not always pose a problem (that is, a hazard) to occupants and workers in those buildings. Asbestos is a problem when asbestos fibers get into the air and are inhaled; that is, when there is human exposure. Intact, undisturbed asbestos-containing materials generally do not pose a health risk. These materials may become hazardous and pose increased risk if they are damaged, are disturbed in some manner, or deteriorate over time and thus release asbestos fibers into building air. A number of building materials still in use today contain asbestos. Asbestos remains in use as an acoustic insulator, thermal insulation, fire proofing, roofing, flooring and other materials. The Asbestos Hazard Emergency Response Act (AHERA), a provision of the Toxic Substances Control Act, was passed by Congress in 1986. AHERA requires local educational agencies to inspect their schools for asbestos-containing building material and prepare management plans that make recommendations for the reduction of asbestos hazards. Public school districts and non-profit private schools (collectively called local educational agencies) are subject to AHERA's requirements. This includes charter schools and schools affiliated with religious institutions. AHERA and its guidance for other building owners is founded on the principle of "in-place" management of ACM. This approach is designed to keep asbestos fiber levels low by teaching people to recognize asbestos-containing materials and actively manage them. Removal of ACM is not usually necessary unless the material is severely damaged or will be disturbed by a building demolition or renovation project. The rules implementing AHERA are published in the Code of Federal Regulations, Chapter 40, Part 763, Subpart E. The AHERA rules require local education agencies to take actions, including the following: • •
Perform an original inspection and re-inspection every three years of asbestos-containing material; Develop, maintain, and update an asbestos management plan and keep a copy at the school;
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•
• • • •
Provide yearly notification to parent, teacher, and employee organizations regarding the availability of the school's asbestos management plan and any asbestos abatement actions taken or planned in the school; Designate a contact person to ensure the responsibilities of the local education agency are properly implemented; Perform periodic surveillance of known or suspected asbestos-containing building material; Ensure that properly-accredited professionals perform inspections and response actions and prepare management plans; and Provide custodial staff with asbestos-awareness training.
The Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP), found at 40 CFR Part 61, Subpart M, requires that owners or operators of facilities notify the appropriate authority (usually the state air agency) before demolishing or renovating facilities. If minimum amounts of regulated asbestos will be removed or disturbed, the owner/operator must adequately wet and carefully remove the asbestos components, keeping them wet until collected for disposal, and then disposing of the asbestos waste in accordance with the regulations. The Asbestos-Containing Material in Schools regulations require that every local education agency (LEA) do the following: • • • • •
• • • •
Designate a person to ensure that the regulations are properly implemented, and ensure that such person is properly trained; Inspect every school building for friable and non-friable asbestos-containing materials; Prepare and file a Management Plan for controlling and managing asbestos exposure in the school; Consult with accredited professionals to identify and carry-out the necessary steps to protect health and the environment, and document those measures in the Management Plan; Ensure that workers and building occupants, or their legal guardians, are informed at least once per school year of inspections, response activities, and post-response activities, including periodic re-inspection and surveillance, that are performed or in progress; Ensure that management plans are available for inspection, and that notice of plan availability has been provided; Ensure that all custodial and maintenance employees are properly trained; Ensure that short-term workers that may come into contact with asbestoscontaining materials are informed of the location of those materials; Ensure that warning labels are posted.
Designated Person Each LEA must designate a person to ensure that the regulations are properly implemented. The LEA must verify that the designated person has been properly trained. There
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is not a specific course of study for the designated person; however, the EPA has developed a guide detailing the knowledge a designated person must have to be qualified. The guide can be found online at http://www.dep.state.pa.us/dep/deputate/airwast/aq/asbestos/docs/AHERA_ssg.pdf If the designated person leaves his or her position at the school, the LEA must ensure that a new person is identified and trained to serve as the designated person. Inspection Each LEA must inspect each building that it leases, owns, or otherwise uses as a school building to identify all locations of friable and non-friable asbestos-containing building materials. If emergency use of an uninspected building becomes necessary, inspection must be performed within thirty (30) days after the use has commenced. The inspection must be performed by an accredited inspector, who must record specific information and sign an inspection report for inclusion in the Management Plan within thirty (30) days of the inspection. At least once every three (3) years after the Management Plan is effectuated, the LEA must employ an accredited inspector to conduct a reinspection of the friable and nonfriable asbestos-containing building materials. Details of the reinspection must be included in the Management Plan within thirty (30) days of the reinspection. Under certain conditions, an LEA may be released from having to perform inspections pursuant to AHERA. If an accredited inspector has determined that records of an inspection conducted before December 14, 1987 indicate that suspected asbestos-containing building materials are assumed to contain asbestos, the inspector must sign and date a statement to that effect for inclusion in the management plan within thirty (30) days of the inspection. The statement must indicate the inspector’s state of accreditation and accreditation number. Inspection of an LEA may also be unnecessary if, based on the inspection, contractor, and clearance records, an accredited inspector has determined that there is no asbestoscontaining building material in an area where asbestos removal was conducted before December 14, 1987. The accredited inspector must sign and date a statement to that effect, including his or her state of accreditation and accreditation number, for submission to the EPA Regional Office by the LEA. A copy of the statement must also be included in the management plan. Finally, an inspection is not required when an architect or project engineer responsible for the construction of a school building built after October 12, 1988, or an accredited inspector, signs a statement that no asbestos-containing materials were used in erecting the building. A signed and dated copy of a statement to that effect must be submitted to the EPA Regional Office by the LEA, and the statement must be included in the management plan.
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Management Plan The LEA, must develop an asbestos management plan for each school building that it leases, owns, or otherwise uses as a school building. The plan must be developed by an accredited management planner, and must be submitted to Randall Koppenhaver, Pennsylvania Department of Environmental Protection, Bureau of Air Quality, Box 8468, Harrisburg, PA 17105-8468. If the DEP does not disapprove of the management plan within ninety (90) days after receipt, the LEA must implement the plan. A management plan must be maintained and updated regularly. The management plan must contain a statement signed by the designated person certifying that the LEA has met or will meet its obligations under the regulations. The LEA may require the management plan to contain a statement signed by an accredited management plan developer that he or she prepared or assisted in the preparation of, or reviewed the plan, and that the plan complies with the regulations. An updated copy of the management plan must be maintained in the administrative office of the LEA. The plan must be made available for inspection without cost or restriction to representatives of the EPA, the state, the public, school personnel, and parents. Reasonable charges for copying may be imposed. In addition, the management plan must be made available for inspection to workers before work begins in any area of the school building. Records of all asbestos-related activities in the plan must be kept and made available for public review. Identifying and Carrying-Out Steps to Protect Health and the Environment Accredited persons must inspect each LEA to ensure that appropriate measures are taken to protect health and the environment. The inspections should include identifying asbestoscontaining materials, sampling such materials and submitting them for analysis. After samples have been tested and assessed, the LEA must develop response actions sufficient to protect human health and the environment. The LEA should implement those response actions which are the least burdensome. In determining which actions are the least burdensome, an LEA may consider circumstances such as occupancy, use patterns, and economic concerns. An LEA may remove asbestos-containing materials from the school building at any time. The EPA takes the position that undamaged non-friable asbestos is best managed in place and left undisturbed. Removing asbestos has the potential to create a greater health risk than would exist if left alone. Annual Notification Employees and building occupants, or their parents, must be informed at least once per year of the inspections, response actions, and post-response action activities taking place in the school building. In addition, parents, teachers, and employee organizations must be notified in writing that the management plan is available for inspection in the
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administrative office of the LEA. The management plan should contain a description of the steps taken to notify appropriate groups, as well as a copy of the written notice utilized to notify them. Training of Maintenance and Custodial Staff All maintenance and custodial staff who may work in a building containing asbestoscontaining materials must receive two (2) hours of awareness training regardless of whether they work with those materials. These employees must be trained within sixty (60) days of being employed. For members of the maintenance or custodial staff that engage in activities that will disturb asbestos-containing materials, an additional fourteen (14) hours of training is required. Maintenance or custodial staff who have attended EPA-approved asbestos training are considered trained. Warning Labels The LEA must attach a warning label immediately adjacent to any friable or non-friable asbestos-containing material located in routine maintenance areas in each school building. The labels must be prominently displayed in readily visible locations until the asbestos-containing material is removed. The label must read, CAUTION: ASBESTOS. HAZARDOUS. DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT. Enforcement An LEA may be subject to civil liability and fines of not more than $5000 per day for each violation. Each day a violation continues constitutes a separate violation. Any person or LEA may be held criminally liable if any violation of the regulations is knowing or willful. If an asbestos hazard poses imminent and substantial danger to human health or the environment, the EPA may obtain injunctive relief. TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS CONTROL.
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