(1) General Fiscal Policies. The purpose of this policy is to establish management expectancies related to the financial activities of the school district and the intent of the School Board in carrying out its statutory fiscal responsibilities.

(a) The School Board shall adopt an annual budget, which shall be submitted to the Florida Department of Education for approval, in compliance with applicable administrative rules of the Department of Education and the Florida Department of Revenue.

(b) The school district shall maintain accounting records in accordance with generally accepted accounting principles (GAAP), as applied to governmental units and promulgated by the Governmental Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB).

(c) The district shall follow the requirements of the Florida Department of Education’s Financial and Program Cost Accounting and Reporting for Florida Schools (“Redbook”) in budgeting and financial accounting and reporting.

(d) The district shall adhere to a policy of full and open public disclosure of its financial activities. The format of the budget shall facilitate correlation with data in the district’s Annual Financial Report.

(e) Timely and accurate financial reports shall be reviewed by the Superintendent (or designee) and submitted to the School Board on a regular basis. The monthly and annual financial reports presented to the Board shall summarize financial activity by major types of funds, functions and objects and maintain compliance with state requirements.

(f) The district shall maintain a system of internal financial controls that complies with the adopted budget. Following adoption of the annual budget, monthly budget amendments shall be submitted to the Board for approval, along with a corresponding monthly financial report.

(g) Expenditures may temporarily exceed the amount budgeted by object and function, provided the amount expended in the applicable fund does not exceed the amount budgeted for that fund and provided that the School Board subsequently approves the resulting budget amendment no later than the fourth Board meeting following the month in which said amendment occurred. The Superintendent (or designees) shall have the authority to enter budget amendments in the district computer accounting and budgeting system prior to Board approval of the monthly amendment. It is the intent of the Board that salary and benefit expenditures be controlled through Board approved and funded positions. The final budget amendment for the fiscal year shall be submitted prior to or concurrent with the submittal of the Annual Financial Report as required by the Florida Department of Education.

(2) ANNUAL Budget

(a) The Annual Budget of the district shall balance the educational needs of students with the fiscal capabilities of the district. The budget shall support the long-term financial stability of the district.

(b) Citizens’ input shall be solicited prior to final decisions on the budget.

(c) Revenue estimates shall be conservative and based on analyses of historical trends and reasonable assumptions of future conditions.

(d) Ad valorem revenue estimates in the annual budget shall be based on 95% of the certified taxable value of the property tax roll.

(e) Expenditure estimates shall endeavor to cover both direct and indirect activity costs. Provision shall be made for the normal replacement and maintenance of the district’s physical assets. Cost-effectiveness shall also be a consideration in the provision of all services.

(f) The Superintendent (or designee) may approve ordinary expenditures, including salary payments, from July 1 until the Board approves the tentative budget and, thereafter, may expend in accordance with the tentative budget, and the requests as presented, until such time as the final budget is adopted. Extraordinary requests for advance funding may be brought to the Board for specific approval, if necessary, prior to the adoption of the final budget.

(3) GENERAL (Operating) Fund

(a) Planned expenditures shall be aligned with projected available revenue sources, excluding fund balances and reserves. The district shall live within its means, that is, within applicable revenues, on an annual basis.

(b) The target for total direct instructional expenditures is 63% of the resources appropriated and available within the operating budget. The district shall monitor expenditures across Florida school districts annually, to determine the continued appropriateness of this target for expenditures at the classroom level.

(c) Ranges of direct costs for each specific program or program group should provide for variations among schools and shall be developed utilizing applicable FEFP program cost data as required.

(d) Programs funded through grants and fund raising activities shall be expected to live within the funds available. Affected programs shall be systematically reviewed to determine whether those programs receiving less funding or no funding from their original source are to be continued, modified, or eliminated. This review shall utilize the district’s strategic directions in making the determination.

(e) An operating fund balance contingency reserve shall be established at a minimum target of 1% of appropriations. This contingency reserve should be utilized as a “rainy day fund” to offset potential fluctuations in revenue and unanticipated or extraordinary expenditure needs. If the contingency reserve falls below 1% at the end of a given fiscal year, the Superintendent shall recommend strategies to restore the contingency reserve to the 1% level by the end of the next fiscal year. To the extent resources are available, the contingency should be incrementally increased until it reaches a maximum level of 3% of appropriations.

(f) In the budget development process, the district’s core curriculum, as defined in Board policy shall be preserved and needs prioritized utilizing the district’s strategic directions.

(g) Budget planning shall take into consideration any applicable “administrative redirection” as imposed by the Florida Legislature. Expenditures should continually be monitored and aligned to prevent any potential penalty for not meeting such redirection requirements.

(h) To the extent resources are available, the School Board shall continue its commitment to adequately compensate its employees.

(i) The district shall not use long-term debt to fund its current, recurring operations.

(4) Enhancement and Expenditure of Discretionary Lottery Funds

(a) Enhancement is defined as the expenditure of District Discretionary Lottery revenues for the following purposes:

1. For programs, which were previously funded through state categorical funds.

2. To supplement partially funded state categorical program revenues.

3. To enhance existing programs by providing cultural enrichment activities, sponsoring academic competitions, and funding computer system and other equipment and supply acquisitions.

4. To provide increases in employee compensation.

5. To fund innovative programs such as magnet schools.

6. To develop and implement school improvement plans.

(5) Capital Outlay Fund

(a) The district shall maintain a five-year capital outlay/facilities work program, which shall be updated annually and based on long-range projected needs. The program shall be consistent with the district’s Educational Plant Survey as mandated by statutory requirements.

(b) The capital outlay work program shall be funded on a “pay-as-you-go” basis, to the extent feasible, using authorized local option property tax millage and such state revenue sources or financing options as may be available.

(c) Insofar as allowed by applicable state statutes and State Board Rules, appropriate flexibility in the use of capital funds shall be utilized to best meet the capital needs of the district.

(d) The projects in the annual capital budget and the five-year capital work program shall be selected based on a system of needs prioritization consistent with the district’s strategic directions and goals.

(e) Federal, state and other funding sources shall be used as available to assist in financing capital improvements, as long as the requirements for accepting these funds are not in conflict with the strategic directions or financial interests of the district.

(f) The Superintendent shall establish a Capital Outlay Committee, to prioritize the capital needs of the district into the five-year work program (plan). The plan shall be annually reviewed, updated and submitted to the Superintendent as part of the budgetary process. The Superintendent shall designate the chairperson of the committee.

All potential grants shall be carefully examined with regard to cost and benefit, particularly when matching funds and in-kind contributions are required. Consistency with current goals, programs and fund sources shall be considered.

(a) The School Food Services Fund shall be operated on a self-supporting basis utilizing federal and state revenues, as well as customer revenues. The prices for meals shall be maintained at a level adequate to sustain a balanced budget.

(b) The School Food Services budget shall provide for normal replacement and maintenance of equipment and facilities, consistent with federal and state regulations.

(c) The School Food Services operation shall provide adequate reimbursement to the other district funds for services rendered, including any applicable indirect or administrative costs.

(d) The School Food Services Fund shall maintain an unrestricted contingency reserve of at least 10% of appropriations, but not more than three (3) months of operating expenses.

(8) Internal Service Funds

(a) Charges to schools and departments for services rendered by internal service operations shall be sufficient to cover the total cost of performing such services on an efficient basis.

(b) Charges for internal service operations shall include provisions for the routine replacement of equipment. The internal service fund balances shall include reserves for replacement.

(9) Debt Service Funds

(a) The debt service funds shall budget for the payment of principal and interest on currently outstanding debt in accordance with the established maturity schedules.

(b) The district shall not issue, to the extent feasible, any additional long-term debt that obligates the district’s General (Operating) Fund or local option property tax millage.

(c) Long-term borrowing against applicable state revenue sources or funding programs may be utilized, provided such borrowing does not obligate the district’s General (Operating) Fund or local option property tax millage.

(d) Short-term borrowing may be utilized in accordance with applicable state statutes and regulations to facilitate the construction of capital projects or to provide for cash-flow requirements due to revenue collection patterns.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 200.065 (2)(g); 1011.02, 1011.08 F.S.

History: New 7/12/50; Amended 5/22/57, 7/28/65, 2/27/74; Revised 12/18/74; Amended 5/10/78, 6/11/80, 9/11/85, 8/8/90, 3/24/93 (Emergency), 4/28/93, 2/10/04

Lottery portion: New 6/26/91 (Emergency), 7/24/91

Note: Formerly 6Gx52-4.01 (changed 6/30/98)

7.02 SCHOOL PERSONNEL, EQUIPMENT AND SUPPLIES

The Superintendent (or designee(s)) shall ensure that teachers, administrators, support service personnel, and school discretionary budgets are allocated systematically. A minimum of $10.00 per student FTE shall be allocated to the school discretionary budget 5100-510 and shall be expended during the current school year. Expenditures in the 5100-510 shall be subject to meeting the school-based needs as provided for in 229.555 (l)(b), F.S.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 FS

History: New 1/12/83; Amended 2/25/87; Amended 8/24/88;10/25/89

Note: Formerly 6Gx52-3.01 (changed 6/30/98).

7.03 INTER-COUNTY TRANSFER OF STUDENTS

(1) The Superintendent is authorized to negotiate agreements with neighboring county superintendents concerning inter-county transfer of students for good and sufficient reason, such agreements being subject to Board approval.

(2) In the absence of such agreements, the Board does not agree to remit the cost differential to counties to which resident students of Pinellas County have applied.

(3) For students from counties for which no such mutual agreements exist, the following shall apply:

(a) The student shall have written authority from the school board of the county of residence.

(b) The school board of the county of residence of the student shall remit, at the time of enrollment, the cost differential as established yearly by the School Board of Pinellas County.

(4) A non-resident student's entrance into Pinellas County Schools shall be governed by the policies of the School Board of Pinellas County.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 7/22/59; Amended 7/28/65, 7/31/68, 2/27/74; Revised 12/18/74; Amended 12/14/77; 9/23/87, 9/21/04

Supporting documents: Pinellas County Schools Accounting Procedures Guide; Auditing & Property Records Procedures Handbook.

Note: Formerly 6Gx52-2.20 (changed 6/30/98); Formerly Tuition (changed 9/21/04).

7.04 GIFTS TO THE SCHOOL DISTRICT

(1) The Superintendent (or designee) is authorized to accept gifts or donations to the school district, on behalf of the School Board, of money, equipment, supplies and materials. The Superintendent (or designee) may accept the terms and conditions of any such gift or donation, as deemed appropriate, and shall have the discretion to accept or deny the gift or donation on the basis of those terms and conditions. Lists of such gifts or donations shall be compiled semi-annually.

(2) Any equipment donated to the school district may not be repaired or maintained until it has been formally accepted.

(3) Any gift conveying title shall be submitted to the Board for individual acceptance.

(4) The principal or director of a school or center is authorized to accept individual gifts or donations of money for field trips, student donations and spontaneous donations of up to $500 for each such gift. If an individual gift or donation exceeds $500, its acceptance shall be in accordance with section (1) above.

(5) Gifts or donations from such groups or organizations as classes, affiliated clubs and booster groups, shall be accepted and handled in accordance with this policy.

(6) If a donor does not specify how the gift or donation is to be used, the use shall then be at the discretion of the principal or director.

(7) Any monetary gift or donation shall be properly receipted and processed in accordance with applicable district procedures.

(8) At the Superintendent’s discretion, a gift or donation may be presented to or recognized by the School Board.

(9) Procedures governing the acceptance and handling of gifts and donations shall be set forth in the district’s Auditing & Property Records Department Procedures Handbook as referenced in policy 7.10 SCHOOL INTERNAL FUNDS – PRINCIPLES.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 2/27/74; Revised 12/18/74; Amended 7/25/84, 1/13/98, 2/27/01

Supporting documents: Auditing & Property Records Procedures Handbook.

Note: Formerly 6Gx52-4.19 (changed 6/30/98)

7.05 PETTY CASH FUNDS

(1) Schools and departments may establish petty cash funds according to State Board of Education Rules and School Board accounting procedures.

(2) The petty cash custodian for a school or department may be changed by a request to the director of accounting.

(3) Procedures governing petty cash shall be set forth in the district’s Accounting Procedures Guide, which is referenced in policy 7.17 TRAVEL.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S., 6A-1.057 SBE Rules..

History: New 11/8/94; Revised 11/13/01

Supporting documents: Pinellas County Schools Accounting Procedures Guide.

Note: Formerly 6Gx52-4.21 (changed 6/30/98)

7.06 PURCHASING Cards

The Superintendent (or designee) is authorized to administer a purchasing card program. The program shall include the establishment, communication and maintenance of procedures for the control and use of such cards.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New (changed 6/30/98); Amended 12/8/98

7.07 SALARY PAYMENTS BY OUTSIDE ORGANIZATIONS

Outside organizations that are affiliated directly or indirectly with school programs are expected to pay for the services of personnel who are employed on an overtime basis in service to such organizations. However, payments shall be made to the School Board and not to the individual employee. Only School Board personnel are permitted to be employed in the schools for such functions.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 11/17/71; Revised 12/18/74; Amended 5/10/78

Note: Formerly 6Gx52-4.17 (changed 6/30/98)

7.08 SCHOOL DISTRICT PUBLICATIONS

All printed materials which are produced for Pinellas County Schools and for which charges are assessed shall be the responsibility of the printing department. Cost and timeliness shall be considered by the printing department in determining whether such materials are produced internally or externally. Distribution of such materials to persons or organizations not directly connected with Pinellas County Schools shall be coordinated through the office of human resources and public affairs, and the cost of such printed materials shall be as prescribed on the annual list of fees adopted by the Board.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 11/17/71; Revised 12/18/74; Amended 5/10/78, 8/8/90

Cross References: See also policy 7.28.

Supporting documents: Annual Fees List.

Note: Formerly 6Gx52-4.18 (changed 6/30/98)

7.09 CERTIFICATION OF PROJECT COMPLIANCE WITH PUBLIC EDUCATION & CAPITAL OUTLAY (PECO) REQUIREMENTS

The Superintendent is responsible for certifying to the Florida Department of Education a project's compliance with the requirements for expenditure of PECO funds prior to release of those funds.

(1) Upon request for release of PECO funds for planning purposes, certification must be made to the Department of Education that the need and location of the facility is in compliance with Board-approved survey recommendations and that the project meets the definition of a PECO project and the limiting criteria for expenditures of PECO funding.

(2) Upon request for release of construction funds, certification must be made to the Department of Education that the need and location of the facility is in compliance with Board-approved survey recommendations, that the project meets the definition of a PECO project and the limiting criteria for expenditures of PECO funding, and that the construction documents meet the requirements of the State Uniform Building Code for Public Educational Facilities Construction or other applicable codes as authorized in Chapter 235, F.S.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 1/10/96

Cross References: See also policy 6.05.

Note: Formerly (portion) 6Gx52-2.175 (changed 6/30/98)

7.10 SCHOOL INTERNAL FUNDS - PRINCIPLES

(1) The school principal has responsibility for all school-related activities involving members of the school's student body. It is, therefore, the responsibility of the principal to monitor the impact of support groups and individual members of such groups to ensure positive outcomes for all students

(2) The school principal or director is responsible for administration and control of the internal funds of the school or center. In accordance therewith, the principal or director:

(a) shall follow the rules governing the receipt and disbursement of internal funds and the accounting for property, as set forth in the district’s Auditing & Property Records Department Procedures Handbook (see (7) below); and,

(b) shall provide for an annual audit of internal funds, in accordance with State Board Rule 6A-1.087, FAC.

(3) All field trips, or travel by school students or personnel in connection with the performance of the staff’s duties or competitive type events are considered to be school sponsored, and must be funded through the school’s internal funds unless accounted for in the district level accounting system. If an outside support group is funding the project, this contribution should be made through donations to the school.

(4) All funds handled by school board employees during normal working hours and any school activities shall be included in and become part of the internal funds of the school unless accounted for in the district level accounting system. Refer to Red Book, Chapter Seven, Section III, 4.3 Cooperative Activities regarding joint activities between the school and Outside Support Organizations regarding the policy for sharing of event proceeds.

(5) All organizations of the school and those operating in the name of the school, which obtain funds from the public, shall be accountable to the School Board for receipt and expenditure of such funds. The financial transactions of school organizations shall be accounted for in the school internal funds. Outside Support Organizations shall be accounted for as provided in Policy 7.101.

(6) Collecting and expending school internal funds shall be in accordance with the Florida Constitution and applicable state statutes, State Board of Education rules (particularly Chapter 7, School Internal Funds, of the Financial and Program Cost Accounting and Reporting for Florida Schools, or “Redbook”), and School Board policies and procedures. Sound business practices should be observed in all transactions.

(7) Procedures for handling, administering and reporting school internal funds shall be set forth in the district’s Auditing & Property Records Department Procedures Handbook.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.; 6A-1.85 SBE Rules...

History: New 6/30/98, Amended 2/27/01, 9/25/01, 11/13/01, 3/14/06

Supporting Document(s): Auditing & Property Records Department Procedures Handbook for the Pinellas County Schools;

Financial and Program Cost Accounting and Reporting for Florida Schools (“Redbook”)

7.101 OUTSIDE SUPPORT ORGANIZATIONS

(1) The School Board encourages people to form Outside Support Organizations (OSO). These organizations support individual schools or activities at a school. Examples of such organizations include the PTO and booster clubs.

(2) The School Board authorizes principals to give written permission to OSOs to use the name, logo, mascot or trademark of their school as part of the OSO’s name or in its fundraising or other activities. The principal will give written permission prior to the beginning of each school year and maintain a list of authorized OSOs. To assure proper accounting of funds and to protect volunteers in the OSO, an OSO agrees to comply with the provisions of this policy.

(3) All OSO activities will be approved in advance by the principal (or designee) and be beneficial to students, volunteers, employees of the school, or the school and will not conflict with programs administered by the School Board.

(4) Adequate, auditable financial records will be maintained at all times.

(5) All officers of the OSO will be registered volunteers with the School Board and all members are encouraged to become registered volunteers.

(6) The OSO will use a fiscal reporting period that begins July 1 and ends June 30.

(7) The OSO will provide the principal with a copy of its budget at the beginning of each school year in a format provided by the district.

(8) An OSO that is not incorporated will not maintain a separate bank account but will deposit all proceeds from its activities into the school's internal funds account. The OSO will comply with all processes and procedures in school board policy related to receiving and disbursing funds.

(9) An OSO that is incorporated as a not-for-profit corporation under Florida law will comply with the following requirements:

(a) There will be a clear delineation between the school and the OSO with respect to internal controls and custody of money.

(b) The OSO will use its own accounting procedures, bookkeeping system and a single bank account.

(c) The OSO will maintain active status with the Florida Department of State. The OSO will provide the principal with a copy of the OSO’s Uniform Business Report reflecting that the corporation has maintained its current status. The report will be provided to the principal no later than September 15 of each year.

(d) Only elected officers may be authorized to sign checks drawn on the bank account of the OSO.

(e) Two signatures are required on all OSO checks. Persons authorized to sign may not be related nor live in the same house.

(f) An employee of the school may not be authorized to sign checks drawn on the bank account of an OSO operating at that school.

(g) If the OSO hires an employee of the School Board to provide services under a contract with the OSO (for example to conduct a summer camp or other type of activity), it will be for a time when the employee is not on duty with the School Board. The individual becomes an employee of the OSO for the specified time and the OSO will comply with Internal Revenue Service rules, regulations, and the required tax filings with respect to employees. The OSO will provide to the principal upon request copies of W 2's and 1099 miscellaneous income reports filed with the IRS. The OSO will provide to the school business office copies of all original receipts of payments made directly to School Board personnel. The OSO may contact the district accounting office for assistance.

(h) The OSO will secure its own Federal ID number.

(i) The OSO will not use the School Board tax identification number (FEIN) or the School Board's sales tax exemption number or any other number assigned to the School Board in accordance with state and federal law. The OSO will be responsible for proper payment of sales tax.

(j) Bank statements will be sent to the OSO at the school’s address.

(k) The OSO will provide the principal an annual financial statement with backup documentation for the previous school year no later than the beginning of classes each year.

(10) While on duty, School Board employees cannot handle money that is collected for a fundraising activity of an OSO at the school in which they are employed during normal working hours. Normal working hours also includes hours worked and paid by a supplement.

(11) The principal may revoke the authorization to use the school's name, logo, mascot or trademark if the principal determines that the OSO has failed to comply with the terms of this policy. The principal will notify the OSO in writing of the reason for the revocation. The OSO may appeal the revocation to the Area Superintendent or designee whose decision will be final. The appeal must be filed in writing with the Area Superintendent or designee no later than five business days from the date of the principal’s letter.

(12) In the event an OSO's authorization to use the school's name, logo, mascot or trademark is revoked, the OSO will within three business days of the final decision deposit all of the funds in its possession into the school's internal funds account to be utilized by the school for the benefit of the school. The OSO will amend its articles of incorporation and bylaws to change its name so as to not indicate any affiliation with the school. Thereafter the OSO will not use the name, logo, mascot or trademark of the school in any of its fundraising or other activities. The principal will notify the liability insurance carrier for the OSO about the revocation.

(13) An OSO is not an agent or representative of the school, the School Board or of the school system and will not hold itself out as an agent or representative.

(14) The OSO will report any allegations of misappropriation or misuse of funds to law-enforcement and will notify the principal in writing of such reports.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 9/25/01; Amended 8/2/05

7.102 PTA (Parent/Teacher Association)/PTSA (Parent/Teacher/Student Association)

(1) The School Board encourages people to form PTAs and PTSAs to support individual schools.

(2) The School Board authorizes principals to give written permission to PTAs or PTSAs to use the name, logo, mascot or trademark of their school as part of the PTAs or PTSAs name or in its fundraising or other activities. The principal will give written permission prior to the beginning of each school year.

(3) All PTA/PTSA activities will be approved in advance by the principal (or designee) and be beneficial to students, volunteers, employees of the school, or the school and will not conflict with programs administered by the School Board.

(4) All officers of the PTA/PTSA will be registered volunteers with the School Board and all members are encouraged to become registered volunteers.

(5) The PTA/PTSA will provide the principal (or designee) with a copy of the following at the beginning of each school year:

(a) Annual Budget

(b) List of Officers

(c) List of Check Signers

(d) Annual Report from the previous year

(e) Financial review from the previous year

(f) Copy of Bylaws approved by Florida Parent Teacher Association, Inc. within the last three years

(6) There will be a clear delineation between the school and the PTA/PTSA with respect to financial controls.

(a) Adequate, auditable records will be maintained at all times.

(b) The fiscal reporting period will begin July 1 and end June 30

(c) The PTA/PTSA will use its own accounting procedures as set by National PTA, their own bookkeeping system and their own accounts.

(d) Only elected officers may be authorized to sign checks drawn on the bank account of the PTA/PTSA.

(e) A School Board employee may also be a signor on the PTA/PTSA account as long as the employee is not an authorized signor on the school account

(f) Two signatures are required on all PTA/PTSA checks. Persons authorized to sign may not be related or live in the same household.

(g) The PTA/PTSA will secure its own Federal ID Number.

(h) Bank statements will be sent to the school's address.

(i) The PTA/PTSA will not use the School Board's sales tax exemption number when paying with a PTA/PTSA check.

(j) The PTA/PTSA will report any allegations of misappropriation or misuse of funds to PCCPTA (Pinellas County Council of PTAs) and the principal. The PCCPTA and the principal will review financial records to determine if the allegations are supported. If the allegations are supported, they will be reported to law enforcement.

(7) If the PTA/PTSA plans an activity requiring the assistance of any School Board employee while the employee is not on duty (example: custodial, cafeteria), the PTA/PTSA will be responsible for all wages earned. The school secretary will notify the PTA/PTSA of the amount due and the check will be written to Pinellas County Schools.

(8) While on duty, School Board employees cannot handle money that is collected for a fundraising activity of a PTA/PTSA at the school in which they are employed during normal working hours. Normal working hours also includes hours worked and paid by a supplement.

(9) The principal may revoke the authorization to use the school's name, logo, mascot or trademark if the principal determines that the PTA/PTSA has failed to comply with the terms of this policy. The principal will notify the PTA/PTSA in writing of the reason for the revocation. The PTA/PTSA may appeal the revocation to the Area Superintendent (or designee) whose decision will be final. The appeal must be filed in writing with the Area Superintendent (or designee) no later than five business days from the date of the principal’s letter.

(10) In the event a PTA's/PTSA's authorization to use the school's name, logo, mascot or trademark is revoked, the Pinellas County Council of PTAs (PCCPTA) shall be notified. PCCPTA will disband the PTA/PTSA and all property, records and funds of the local unit are to be turned over to PCCPTA within five business days.

(11) A PTA/PTSA is not an agent or representative of the school, the School Board or of the school system and will not hold itself out as an agent or representative.

(12) All PTAs/PTSAs must operate within liability insurance either obtained through PCCPTA or securing their own separate policy. A list of PTAs/PTSAs securing insurance through PCCPTA will be provided yearly by September 30 to Risk Management, Real Property Management and the Auditing & Property Records Departments. The School Board assumes no liability for the actions of the PTAs/PTSAs or for the loss of their property.

(13) The principal must verify the separate policy or that the PTA/PTSA is on the list provided to Risk Management.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 8/2/05

7.11 SCHOOL INTERNAL FUNDS - GENERAL PRACTICES

(1) Purchases from internal funds shall be authorized in writing by the principal or director (or designee). Neither the school or center, nor the School Board, shall be liable for any purchases made in the name of the school or center without expressed written approval. Any person who makes or approves the making of any unauthorized purchase, including signing a contract, shall be personally liable for the amount of the obligation.

(2) Contractual obligations and promissory notes shall not be executed in the name of a school or any school organization. The principal or director shall not enter the school or center into any financial contract for longer than one year without the prior written authorization of the Superintendent (or designee).

(3) Internal funds shall be accounted for on the same fiscal year basis as other school district funds. A school organization shall not make expenditures that exceed the cash resources available to the organization. All accounts payable and accounts receivable shall be disclosed to the School Board at the end of the fiscal year.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.; 6A-1.85 SBE Rules...

History: New 6/30/98, Amended 2/27/01

Supporting Document(s): Auditing & Property Records Department Procedures Handbook

7.12 SCHOOL INTERNAL FUNDS - STANDARDS, PRACTICES AND PROCEDURES

(1) CONTROL OF CASH RESOURCES

(a) BANK ACCOUNTS. Each school shall have only one checking account, which shall be entitled “SCHOOL BOARD OF PINELLAS COUNTY, (SCHOOL NAME) Internal Fund”. This account title shall be imprinted on all internal fund checks and deposit slips. All monies received by the school shall be deposited intact as collected into this account and all disbursements shall be made by checks drawn on the account. Savings or investment accounts shall be titled in the same manner. Additional checking accounts may be utilized by designated area vocational technical centers, if required in the administration of student grant or loan programs. The name of such program shall be incorporated in the account title. The district’s director of auditing & property records is responsible for notifying the depository of the names of those persons authorized to sign.

(b) CHECK SIGNATURES. Each account shall have at least two authorized check signers, one of whom shall be the principal or director. These names shall be kept on file for audit purposes. All checks shall be signed with two signatures as prescribed by the principal or director.

(c) CASH COLLECTIONS AND DEPOSITS

1. In so far as is practicable, all monies should be collected in the school office. Collections made outside of the school office shall be turned in to the school office no later than the next business day.

2. All monies collected shall be deposited intact to a depository as frequently as feasible and as dictated by sound business practice. In any event, monies collected by any School Board employee shall be deposited in the bank within five (5) working days after collection.

(d) INVESTMENTS

1. All funds invested or placed on deposit shall earn the maximum possible yield under the circumstances. (See Section 230.23(10)(k), F. S.)

2. The principal or director shall provide for the investment of any funds which are temporarily idle. Such investments may be placed in savings accounts, certificates of deposits issued by banks, United States government securities, or any other investment guaranteed in total by United States government securities.

(e) COLLECTION OF WORTHLESS CHECKS

1. The principal or director is responsible for seeking reimbursement for any unpaid check returned by the bank.

2. When making written demand for payment, the school or center may charge the maker or drawer of the check, draft or order of payment a service charge not to exceed the greater of:

a. twenty-five dollars ($25), if the face value does not exceed $50; thirty dollars ($30), if the face value is more than $50 but does not exceed $300; or forty dollars ($40), if the face value is more than $300; or,

b. five percent (5%) of the face amount of the instrument. Any bank fees incurred by the school or center may also be charged to the maker or drawer of the check, draft, or order of payment.

3. A check can be declared uncollectable and written off the books only by action of the district’s manager, cash and investments. This action shall be taken only after every legal and reasonable effort at collection by the principal or director has been exhausted.

4. The principal or director may require payment for school obligations in cash, money order, or other form of guaranteed payment if it is deemed necessary.

(2) STUDENT ACTIVITIES/PROJECTS

(a) MUSIC

1. Collections from students for rental or maintenance of uniforms or instruments shall be recorded in separate accounts in this classification.

2. A standard fee shall be charged in the schools or centers for the rental of musical instruments owned by the School Board. The rental fee may be waived by the principal or director (or designee) for economically disadvantaged students or when the music teacher has requested that a student change to a secondary instrument for performance requirements. This money shall be used solely for the repair or replacement of instruments.

3. A fee may be charged for the maintenance and replacement of uniforms. This rental money shall be used solely for the repair or replacement of uniforms.

(b) CLASSES, CLUBS AND DEPARTMENTS. Classes, clubs, and any group formally organized to function for the benefit of the school and the student body as a whole shall not spend funds earned through projects or dues for gifts or welfare expenditures for principals, teachers, sponsors or other employees of the School Board.

(c) TRUST

1. Trust funds shall be expended only for the purpose for which collected. When the purpose of the trust fund has been accomplished or becomes inoperative, unused trust funds shall be returned to the person(s) from whom collected, if practicable. Donors may designate an alternative purpose. Funds which cannot be returned shall be transferred to a trust account to benefit economically disadvantaged students or the student body as a whole.

2. If a school organization undertakes a project extending beyond the current fiscal year, or receives a restricted donation to be used over a period of time beyond the year in which received, approval must be granted by the Superintendent (or designee) and the funds held in a trust account.

3. Collection for parking decals issued by secondary schools and vocational schools are restricted as to use and shall be accounted for separately in a trust account.

4. Funds collected from students for use of locks shall be accounted for separately in a trust account.

a. Lock fees shall be regulated in such a manner as to prohibit a profit or large monetary balance. Any savings shall benefit the students by means of a reduced fee. Refer to b.(i) below.

b. The sale of locks shall be regulated as follows:

(i) A handling fee of ten percent (10%) may be attached to the cost of a lock, rounded up to the nearest twenty-five cents ($0.25). This fee may be reduced or eliminated if the balance in the combined total of all lock accounts is above $5,000.

c. Funds shall not be transferred from a lock account to another school account.

5. Funds collected from students for towel service shall be accounted for separately in a trust account. Rental charges for towel service shall be in accordance with the agreement made with the supplier.

(3) PURCHASING

(a) REQUIREMENTS

1. The requirements pertaining to purchases and securing bids on purchases made from public tax funds shall be observed when purchases are made from internal funds, except that School Board approval of internal account vouchers is not required.

2. Insofar as is possible, purchases of the same or of a similar nature to be used in more than one school should be combined and purchased only after approval by the School Board. (See State Board of Education Rule 6A-1.091, FAC.)

(b) RESPONSIBILITY

1. The principal or director is fully responsible for all purchases and purchase commitments requiring present or future disbursements of internal fund monies. A signed commitment from the principal or director (or designee) shall be on file before any purchase is made. Vendors shall be notified of this policy. No purchase shall be made unless sufficient resources are available, except in the case of items for resale.

2. The principal or director (or designee) is hereby authorized to make purchases from school internal funds and to secure quotations and award contracts. (See State Board of Education Rule 6A-1.012, FAC.)

3. No person, unless expressly authorized to do so by the principal or director, may make any purchase involving the use of school funds. (See State Board of Education Rule 6A-1.012, FAC.)

(c) BIDS

1. When the School Board has a bid in effect, purchases of items covered shall be made from the approved vendor unless the same item may be purchased elsewhere at a lower cost.

2. The School Board has the authority to reject any or all bids and to request new bids. In acceptance of bids, the School Board shall accept the lowest and best bid from a responsive and responsible bidder. (See State Board of Education Rule 6A-1.012, FAC.)

3. If a district purchase order is used, district bidding rules apply.

4. A minimum of three (3) telephone quotations are required on single or multiple “like items” totaling $3,000 to $5,999.99. Such quotations shall be documented.

5. A minimum of three (3) written quotations are required for single or multiple “like items” totaling $6,000 to $14,999.99.

6. A minimum of three (3) formal written sealed bids shall be solicited for single or multiple “like items” totaling $15,000 or more.

7. School Board approval is required for any single purchase of $25,000 or more to a single vendor and shall be processed through the appropriate area superintendent.

8. Proposed purchases in excess of the district bid limit shall comply with bid requirements of Florida statutes, State Board of Education rules, and School Board policy. (See also School Board Policy 7.15 (formerly 6Gx52-4.15).)

(d) PETTY CASH. A petty cash fund, not to exceed $100 and to be administered by the principal or director, may be established. A home economics petty cash fund, administered by the department chairman and not exceeding $50, may also be established.

(e) RESTRICTED EXPENDITURES. The following expenditures from internal funds are deemed inappropriate and shall not be made, except from trust funds collected for a specifically identified purpose, or on a temporary basis for purchases which are reimbursable from non-internal funds, in which case such expenditures shall also comply with the restrictions for use of the funds expended.

1. Equipment, supplies, forms and postage for curricular or classroom use for which School Board funds are available. However, revenue derived from vocational education production shops may be used for these purposes.

2. Curricular-related travel; professional, technical or consultant services; or other items for which School Board funds are available. However, revenue derived from vocational education production shops may be used for these purposes.

3. Articles for the personal use of any student, employee or other person, except those items which are identifiable as being in recognition of service or promotion of school activities. Promotions and public relations activities include activities involving graduation, visiting committees, orientation and work conferences, recruitment of employees, official meetings and receptions, guest speakers, accreditation studies, and other developmental activities, awards or other types of recognition for meritorious performance. All other promotion and public relations activities must be approved by the Superintendent (or designee).

4. Personal memberships or subscriptions.

5. Salaries or other compensation for duties or assignments which are the responsibility of the School Board.

6. Loans, credit, or accommodation purchases for anyone.

7. Repairs and maintenance of School Board equipment for which School Board funds are available. However, revenue derived from vocational education production shops may be used for these purposes.

(f) PROPERTY ACQUISITION AND CONTROL. Tangible personal property, as defined in Chapter 274.01, F.S., which is purchased or acquired by donation becomes the property of the School Board and is subject to the Board’s procedures for property control.

(4) GENERAL STANDARDS, PRACTICES AND PROCEDURES

(a) REPORTS

1. The principal’s financial report and any other interim reports shall be prepared and submitted in accordance with the schedule and format prescribed in the district’s Auditing & Property Records Department Procedures Handbook as referenced in policy 7.10 SCHOOL INTERNAL FUNDS – PRINCIPLES.

2. At the close of the fiscal year, an annual report shall be prepared in accordance with the district’s Auditing & Property Records Department Procedures Handbook as referenced in policy 7.10 SCHOOL INTERNAL FUNDS - PRINCIPLES. Its accuracy in reflecting the year’s activities and year-end balances shall be attested to by signature of the principal or director and the preparer. The report shall be incorporated into the district’s Annual Financial Report.

(b) AUDITS

1. Annual audits of internal funds shall be conducted by the district’s Auditing & Property Records Department, or by an independent firm approved by the chief business officer (or designee).

2. In accordance with State Board of Education Rule 6A-1.087(2), FAC, a signed, written report of the audit shall include notations of any failure to comply with Florida Statutes, State Board Rules and School Board policies. The report shall also provide commentary as to financial management and irregularities, and shall be presented to the School Board in a regular session and filed as a part of the public record.

(c) FUND RAISING. Collections from all school sponsored fund-raising activities, except for those sponsored by incorporated outside support organizations, shall be deposited in the internal fund, and all transactions in connection with such activities conducted in accordance with School Board policy as presented in district’s Auditing & Property Records Department Procedures Handbook as referenced in policy 7.10 SCHOOL INTERNAL FUNDS – PRINCIPLES.

(d) RETENTION OF RECORDS. The retention and destruction of records shall be in accordance with Chapters 119 and 267, F.S., as reflected in School Board procedures disseminated by the district’s records management liaison officer. (See also School Board policy 7.29)

(e) SALES OF FOOD AND BEVERAGES. The sale of food or beverages to students by direct sale or through vending machines shall be in accordance with State Board of Education Rule 6A-7.042, FAC, and School Board policy 7.14 (formerly 4.14).

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.435 F.S.; 6A-1.085, 6A-1.087, 6A-1.091 SBE Rules...

History: New 6/30/98, Amended 2/27/01

Supporting Document(s): Auditing & Property Records Procedures Handbook; Records Retention & Disposal Procedures Manual

7.13 SCHOOL INTERNAL FUNDS - OTHER PROVISIONS

Students shall not be required to contribute money for the purchase of incidental items such as physical education clothing, enrichment publications, and other materials not furnished by the Board. While these items may be suggested for purchase because of their usefulness and other values, they shall not be required. No student shall be penalized in any way for failure to purchase such items, and any attempt to impose such a penalty or a related reward shall be considered indefensible.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 6/30/98

7.14 SCHOOL STORES AND VENDING MACHINES

(1) SCHOOL STORES:

(a) The school store shall be directly related to the service and convenience of students.

(b) The principal has the primary responsibility for the operation of the school store. Each principal is expected, at least annually, to re-evaluate the school store operation to determine the appropriateness of this service to the student body.

(c) Items sold in the school store shall be essential to the academic program or of such nature as to support school pride.

(d) School stores shall be operated in such a way that there shall be no interference with the academic program of students or the assigned duties of the teachers.

(e) School stores shall be operated only during non-scheduled periods of the day (before school hours, during lunch time, or after school).

(f) Faculty members shall not receive payment for assigned school store responsibility.

(2) VENDING MACHINES:

(a) Vending machines accessible to students may be installed in secondary schools with the Superintendent's (or designee’s) approval.

(b) Machines which vend products of minimal nutritional value and are accessible to students may only be operated beginning one (1) hour following the last lunch period.

(c) Nutritional foods which directly compete with the district’s Food Service Program may only be sold or vended to students after receiving an approved waiver from the Florida Commissioner of Education. In such cases, revenues from the sale of such products may be shared with the Food Services Department through a partnership agreement approved by the Superintendent (or designee) at a ratio defined later in paragraph (2)(h) of this policy.

(d) Machines, which are located in areas inaccessible to students, such as the teacher’s lounge, may operate continuously and are not subject to the above restrictions.

(e) School principals are authorized to enter into agreements with vending machine suppliers for service. Such agreements shall not exceed five (5) years in duration. Prior to entering any agreement, it must be approved as to form by the school board attorney.

(f) Selection of Supplier:

1. The principal is responsible for the development of written specifications which define the services sought for the school. The district’s director of purchasing will maintain a standard set of specifications for bidding beverage vending access fees for those schools wishing to enter into this type of agreement.

2. More than one written quote will be sought for the services specified.

3. If the principal is unable to obtain more than one quote, the principal may not enter into an agreement without the written approval of the Superintendent (or designee).

4. The business will be awarded to the bidder offering the highest commissions or access fees. Past documented service can be taken into consideration in making this determination.

(g) Program Enhancement Items:

Companies may be solicited by the school to provide scoreboards, drink cups, coolers, message boards and other program enhancement items which bear the vendor's name or logo. If one or more of these items are sought, the bid specifications must contain the provision of same as a condition of award. The resulting agreement must also contain a provision for these program enhancement items.

(h) Any school or instructional center that participates in a partnership agreement involving the sale of competitive food or beverage items during the school day may share in the profits from such sales at a rate of up to fifty percent (50%), plus the approved restricted indirect cost rate. Such shared profits shall be handled through the participating school’s internal accounts. The remainder shall accrue to the district’s school food services fund.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 7/28/65; Amended 11/17/71; Revised 12/18/74; Amended 5/10/78, 6/24/92, 8/9/95, 12/17/96

Note: Formerly 6Gx52-4.14. Language added under (2)(b), (c) and (d) is consistent with current interpretations by the Florida Department of Education. The School Board has approved an initiative designed to seek relief from these interpretations. (changed 6/30/98)

7.15 PURCHASING AND BIDDING

(1) General Purchasing Rules

(a) The Superintendent is authorized to purchase products or services or enter into temporary employment contracts for which the total amount of the purchase is less than the competitive bid threshold amount set by State Board Rule 6A-1.012(6), and FS 287.017, category 2 (currently 25,000.00). If such purchase requires a written contract or agreement, then the Superintendent (or designee) may sign such a document on behalf of the School Board as long as the Board's attorney has approved the terms as to form. This same authority shall also be vested in the director of purchasing functioning on the Superintendent’s behalf. The director of purchasing shall have the authority to enforce the use of district bid contracts. No other persons, unless authorized to do so under regulations of the Board, shall make any purchase involving the use of school funds, and no expenditures for any such unauthorized purchases shall be approved by the Board.

(b) The “Purchasing Handbook: The Key To Best Purchasing Practices, Part A, General Bid Terms & Conditions 2003 Edition” as amended December 8, 1998 and February 25, 2003 is hereby adopted by the School Board as a rule and is incorporated in this policy manual by reference and made a part hereof. This handbook, and any subsequent amendments, shall sunset in five years from February 25, 2003 and shall be reviewed by staff and resubmitted for re-adoption at that time.

(c) Purchases exceeding the competitive bid threshold, which require a written contract or agreement, shall be approved by the Board and signed by the Board Chairperson (or designee) prior to issuance of a purchase order. No other person(s) shall be authorized to sign such contracts or agreements.

(d) The Superintendent or the director of purchasing, before making any purchase for which the Superintendent is authorized and before recommending any purchase to the Board, shall, where appropriate, propose standards and specifications for materials to be purchased. The Superintendent shall see that all materials purchased conform to those standards and specifications, and the Superintendent shall take such other steps as are necessary to see that maximum value shall be received for all moneys expended.

(e) Board approved purchases of products received in a quantity other than that specified in the order may be accepted, at the discretion of the director of purchasing, provided that such products are invoiced at the approved unit price, and provided further that such products, when received in the vendor's nearest quantity standard packaging, most nearly conform, more or less, to the quantity specified in the order.

(f) Insofar as practicable, all purchases shall be based on requisitions. Within limits prescribed by the Board, the Superintendent is authorized to approve requisitions under regulations of the Board, provided that in so doing he shall certify that funds to cover such expenditures are authorized in the budget and have not been encumbered. Only the Superintendent or the Purchasing Agent for the district has the authority to approve and initiate a purchase using district funds by issuing a purchase order in advance of receipt of goods or services. Others who engage in this practice create an unauthorized financial liability for the district without pre-encumbering funds. All purchases must be properly initiated by first entering, posting and approving a purchase requisition, which will then be reviewed and approved by the Purchasing Department, resulting in a purchase order. Employees who initiate purchases without first obtaining an approved purchase order subject themselves to personal liability for payment. The district assumes no liability to pay for purchases which were not properly pre-authorized.

(g) The purchasing department will seek alternative bids whenever possible for selected paper and plastic products containing recycled materials. Such products shall be purchased as long as all specifications are met and the price does not exceed an amount 10% more than the cost of comparable products made from 100% virgin materials.

(2) Bidding:

(a) Except as authorized by law or rule, bids shall be requested from three (3) or more sources for any single purchase or contract for services for which the total amount of the purchase is equal to or greater than the competitive bid threshold amount set by State Board Rule 6A-1.012(6) and FS 287.017, category 2 (currently 25,000.00). A series of planned purchases from a single vendor during the current fiscal year which, in aggregate, total more than the competitive bid threshold amount, shall require competitive bids. Board approval shall be required for any single purchase exceeding the competitive bid threshold. Whenever possible, a minimum of three (3) written quotations shall be solicited for any single purchase of $6,000 to $24,999.99. A series of planned purchases from a single vendor during the current fiscal year which, in aggregate, total more than the minimum written quotation threshold amount, shall require three (3) written quotations. Purchases below $6,000 shall be handled at the discretion of the Director of Purchasing in a manner which represents the best interests of the Board. In the acceptance of bids, the Board shall accept the bid from the lowest responsive and responsible bidder.

(b) Once bids are evaluated and a recommendation for award made, a Notice of Intent to Award will be posted in a conspicuous location in the purchasing offices located at Walter Pownall Service Centers and at the Largo Administration Building. Notices of intent to award will not be mailed to bidders as a matter of general procedure.

(c) Bidders List

1. The purchasing department will maintain a variety of bid lists categorized by commodity or service, for the purposes of soliciting bids when required. As part of general procedure, the department will solicit all vendors who have been approved for a particular bid list without exclusion; however, the department reserves the right to use a short list to solicit bids from no less than three (3) vendors. In order to be eligible to bid, vendors must first complete a vendor application form and submit it to the purchasing department for review and approval. A new vendor may be allowed to bid before they have submitted an application, but must complete an application form prior to being awarded a contract. The department will then send out written confirmation to the vendor notifying them if their application was approved. A vendor may only apply to be added to a bid list under one (1) company name. Multiple applications for the same bid list under different company names with the same or different addresses, but the same principal ownership, will not be approved.

2. To assure customers receive the best possible service from vendors, the Superintendent or the director of purchasing reserves the right to remove vendors from a bidders' list for non-performance. Removal shall be for a period of not less than one (1) year but no more than (2) years. After the suspension period expires, such vendors may re-apply to have their name reinstated to an active status, but only after they have sufficiently demonstrated their ability to perform responsibly. In addition, vendors who fail to respond to bid solicitations with either a bid or a no-bid may have their name removed from a bidders’ list in order to keep bid lists current but may reapply and be reinstated at any time by written request.

(3) Exemptions From Bidding:

(a) In lieu of requesting bids from three (3) or more sources, the Board may make purchases at the unit prices in contracts awarded by other city or county governmental agencies, other school boards, community colleges, or state university system cooperative bid agreements when such purchases are to the economic advantage of the Board, subject to conformance of the items of purchase to the standards and specifications prescribed by the Superintendent (or designee) and providing that the bidder awarded a contract agree(s). Purchases from such contracts will not require Board approval before a purchase order can be issued.

(b) The requirement for requesting bids from three (3) or more sources is hereby waived for the purchase of fresh, perishable produce. The director of food service, under the direction of the Superintendent, has authority to accept informal quotes from available providers and may make purchases which exceed the competitive bid threshold without Board approval.

(c) The Board shall receive and give consideration to the prices available to it under Florida State contracts issued by the Department of Management Services, Division of Purchasing. The Board may also use prices established by State Negotiated Price Schedules (SNAPS) following the same conditions for use imposed upon state agencies. Purchases from State contracts and SNAPS may be made in lieu of requesting bids from three (3) or more sources without Board approval.

(d) Purchases in excess of the competitive bid threshold from Prison Rehabilitative Industries & Diversified Enterprises, Inc. (PRIDE) are exempt from the competitive sealed bid requirement under the provisions of FS 287.042(2)(a) and may be made without Board approval.

(e) The requirement for requesting bids from three (3) or more sources is hereby waived as required by law for the purchase of professional and educational services, educational tests, textbooks and printed instructional materials, computer software, films, filmstrips, video tapes, disc or tape recordings, or similar audio-visual materials, and for library and reference books, and printed library cards where such materials are purchased directly from the producer or publisher, the owner of the copyright, an exclusive agent within the state, a governmental agency, or a recognized educational institution.

(f) The purchase, lease or rental of information technology resources, as defined in FS 282.303(13), may be made through the bid process as described herein or by direct negotiation and contract with a vendor or supplier, as best fits the needs of the district as determined by the Board.

(g) Except as otherwise required by statute, the Board, when purchasing insurance, entering risk management programs, or contracting with third-party administrators, may make any such acquisitions through the bid process as described herein or by direct negotiations and contract.

(h) The requirements for requesting bids and making purchases for goods and services are waived when bids have been requested in the manner prescribed by the State Board and the School Board has made a finding that no valid or acceptable firm bid has been received within the prescribed time. When such a finding has been officially made, the School Board may enter into negotiations with suppliers of such goods and services and shall have the authority to execute contracts with such suppliers under whatever terms and conditions the Board determines to be in the best interest of the district.

(i) Pooled Purchases: The Pinellas County school district may jointly pool its requirements and resources with one or more other districts and designate one School Board or the Department of Education to act as agent for all in the requisitioning, bidding and purchasing of supplies. Each district participating in such a pooled purchase shall pay its pro rata cost to the district designated as the agent district, and each district shall show only the net cost of such purchase in its annual report. The Superintendent of the agent district shall in each case furnish each cooperating district a statement certifying that the purchase complied with all applicable laws and regulations. If the Department of Education is designated as the agent, purchases shall be made in accordance with the requirements of the Department of Management Services, Division of Purchasing, and such purchases shall be deemed to satisfy the legal requirements of each participating district. Purchases from such contracts administered by another district or the Department of Education do not require Board approval.

(4) EMERGENCIES:

The requirement for securing three (3) or more bids for products or services of an amount which exceeds the competitive bid threshold shall be waived by the School Board upon recommendation by the Superintendent (or designee) in cases of extreme emergency when obtaining multiple bids following standard procedures would be impractical. An emergency is defined as a situation which endangers the health, safety or welfare of students, employees, the district or the public brought about by an unexpected event or circumstances beyond the control of the Board. At the discretion of the Superintendent, it may be further defined to include situations which may cause extreme negative financial impact to the district if immediate action is not initiated. When emergencies occur, the purchase order may be issued immediately and the agenda item presented to the Board for ratification at the next scheduled Board meeting, along with the rationale for using the emergency acquisition procedure. Emergency purchases of an amount less than the competitive bid threshold may be authorized by the director of purchasing. Purchases exceeding the threshold for written quotations shall require a minimum of one (1) written quotation.

(5) Bonds:

All bid bonds, performance bonds, and labor and material payment bonds, when required, shall be issued by an agent licensed to do business in the State of Florida. If the agent is not licensed in Florida, the bond must be countersigned by a licensed Florida agent.

(6) Bid Opening Procedures For Bids Solicited By The Purchasing Department:

(a) The opening of bids shall be conducted at the School Board administration building or Walter Pownall Service Center in such room and at such time as may be designated for bids on a particular project and shall be open to the public.

(b) The director of purchasing (or designee) shall be responsible for acceptance, opening, and processing of these bids.

(c) On the date and time indicated in the invitation to bid form, the director of purchasing (or designee) shall deliver all sealed bids to the designated room and proceed to publicly open those which appear to be in compliance with the bid invitation. If the designated room is unavailable, a "Notice of Room Change" shall be posted on the door of the designated room.

(d) After sealed bids are opened, the bids and accompanying documents may be publicly examined. Following the bid opening, questions, comments, concerns, or protests shall be addressed to the director of purchasing (or designee) as may be appropriate. No questions, comments, concerns or protests will be formally recognized or resolved at the bid opening.

(7) Bid Protests

(a) A bidder who wishes to file a bid protest, must file such notice and follow procedures prescribed by section 120.57(3), F.S. for resolution. For bids solicited by the purchasing department, the notice must be filed with the director of purchasing. For bids solicited by the facilities department, the notice must be filed with the director of facilities.

(b) Any person who files an action protesting a decision or intended decision pertaining to a bid pursuant to FS 120.57(3)(b), shall post at the time of filing the formal written protest, a bond payable to the Pinellas County School District in an amount equal to 1 percent (1%) of the total estimated contract value, but not less than $500 nor more than $5000, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier's check, certified bank check, bank certified company check, money order or U.S. currency will be acceptable form of security. If, after completion of the administrative hearing process and any appellate court proceedings, the district prevails, it shall recover all costs and charges which shall be included in the final order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney's fees. Upon payment of such costs and charges by the protester, the protest security shall be returned. If the protester prevails, he or she shall recover from the district all costs and charges which shall be included in the final order of judgment, excluding attorney's fees.

(c) Failure to file a notice of intent to protest, or failure to file a formal written protest within the time prescribed in section 120.57(3) F.S., shall constitute a waiver of proceedings under chapter 120, F.S.

(8) Opening of Construction Bids and Award of Construction Contracts Solicited by the Facilities Department:

(a) Sealed bid envelopes shall be affixed with the date and time received in the purchasing department.

(b) On the date and time indicated in the request and public advertisement for bids, the director of purchasing (or designee) shall deliver all sealed bids to the designated room. If the designated room is unavailable, a "Notice of Room Change" shall be posted on the door of the designated room.

(c) The directors of purchasing and facilities (or designees) shall be jointly responsible for the opening of sealed bids.

(d) After sealed bids are opened, the bids and accompanying documents may be publicly examined. Following the bid opening, questions, comments or concerns shall be addressed to the director of facilities (or designee). Questions, comments, or concerns will not be formally recognized or resolved at the bid opening, but will be addressed prior to the final recommendation for award being made and the “Notice of Intent to Award” being posted.

(e) After bids are reviewed, tabulated, and evaluated, notice of a recommendation or intended decision concerning a contract award shall be posted in a conspicuous place at the Walter Pownall Service Center and shall include the place and date when such award is to be considered by the School Board in a public meeting.

(9) Bid Protests Pertaining to Construction Bids Solicited By The Facilities Department:

(a) A bidder who wishes to file a protest pertaining to a construction bid solicited by the facilities department must file such notice with the director of facilities and follow procedures prescribed by section 120.57(3), F.S. for resolution.

(b) Failure to file a protest within the time prescribed in section 120.57(3) F.S., shall constitute a waiver of proceedings under chapter 120, F.S.

(10) Leases, Lease-Purchases and Installment Sales Contracts:

(a) The School Board must approve and sign all lease and lease-purchase and installment sales contracts in excess of the competitive bid threshold prior to issuance of a purchase order. No lease or lease-purchase agreement shall be initiated for items whose total cost is less than $2,500.

(b) Lease, lease-purchase or installment sales contracts shall specify the term of the lease, the dollar amount of the monthly installment, the interest rate charged and the total dollar amount of the lease. The interest rate shall not exceed the allowable limit as authorized by Florida Statutes. Any lease renewals must be approved by the Board. Those who wish to enter into a lease, lease-purchase or installment sales contract shall be responsible to budget sufficient funds for this purpose each fiscal year until the term of the lease expires. The terms of the lease must contain a fiscal non-appropriations clause relieving the Board of its remaining financial obligation under the lease in the event that funding previously appropriated for this purpose becomes unavailable in succeeding fiscal years.

(c) Refinancing of lease, lease-purchase agreements or installment sales contracts will be permitted to take advantage of lower interest rates but shall receive prior Board approval.

(11) E-PROCURMENT

(a) The Board shall receive and give consideration to the prices available to it through the use of the program for on-line procurement of commodities and contractual services as referenced in Section 287.057(23)(a), under the rules of the Department of Management Services, Division of Purchasing.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 6A-1.012, 6A-1.013 SBE Rules.; 120.53(5) F.S., 120.57(3) F.S.; 6A-2.016(5) SBE Rules.

History: New 11/17/71; Amended 2/27/74; Revised 12/18/74; Amended 9/8/76, 3/8/78, 5/10/78, 5/14/86, 10/8/86, 9/23/87, 2/8/89, 11/22/89, 4/25/90, 8/8/90, 1/9/91, 5/26/93, 11/17/93, 9/13/94, 4/25/95, 9/9/97, 12/8/98, 9/12/00, 2/25/03, 10/28/03

Note: Former 6Gx52-4.15 (changed 6/30/98).

7.155 NON-DISCRIMINATION IN PURCHASING AND CONTRACTING

(1) The School Board prohibits discrimination in all purchasing and contracting. All vendors and contractors shall be judged solely by their qualifications and their ability to deliver the goods and services in accordance with the contract. The Board commits itself to contracting practices that shall not discriminate on the basis of race, color, creed or religion, sex, legal marital status, national origin, age, disability, sexual orientation, or other factors, which cannot lawfully be used as a basis for awarding contracts.

(2) All vendors and contractors doing business with the School Board shall not discriminate in the award of subcontracts on the basis of race, color, creed or religion, sex, legal marital status, national origin, age, disability, sexual orientation, or other factors, which cannot lawfully be used as a basis for awarding contracts.

(3) Any vendor or contractor who believes discrimination has occurred contrary to the provisions of this policy shall file a written complaint with the Office of Equal Opportunity (OEO) within 180 days of the alleged discrimination. The complaint shall set forth a short statement of the facts and shall identify any witnesses and documents relative to the claim. OEO will use the following procedures in processing the complaint:

(a) The OEO administrator shall conduct a fair and impartial investigation into the alleged discrimination and shall keep all parties involved fully apprised of the status during the investigation.

(b) Upon receipt of the formal written complaint of discrimination by the OEO, written acknowledgment of receipt of the complaint shall be forwarded to the complainant within five working days. This acknowledgment shall identify the OEO administrator responsible for the investigation of the complaint.

(c) The OEO administrator will, within five working days after acknowledging receipt of the formal written complaint, interview the complainant to obtain any additional information needed to clarify the complaint. If circumstances prevent the interview from occurring within five working days, the interview will occur in a timely manner.

(d) The OEO administrator, at this point, may inquire of the complainant as to a possible resolution of the complaint. If the complainant is amenable to a resolution of the complaint, the OEO administrator shall begin discussion regarding a resolution. If an acceptable resolution cannot be reached within 30 working days after the receipt of the initial formal written complaint, the complaint shall be further investigated.

(e) Before concluding the investigation of the complaint, the accused shall be advised of the receipt of the complaint and advised that any interference in the investigation or any retaliation against the complainant will subject the accused to the sanctions provided in this policy. The accused shall be given an opportunity to respond to the complaint. Such response shall be made to the OEO administrator either orally or in writing.

(f) The OEO administrator will appoint two other district administrators to serve on a discrimination review committee to be chaired by the OEO administrator. The committee will review the complaint, the response, relevant documents and interview any witnesses, including the complainant and the accused. The complainant and the accused shall have the right to cross-examine any witnesses and to be represented by counsel at their expense. Based on evidence, the committee shall make a determination as to whether or not discrimination contrary to this policy has occurred and if so the appropriate resolution or sanctions. Sanctions for vendors or contractors doing business with the district may include, but not be limited to, declaring a breach of contract, disqualification from doing future business with the District, or requiring the development of a corrective action plan acceptable to the committee. The decision of the committee shall be in writing and provided to the complainant and accused. All proceedings of the discrimination review committee shall be open to the public.

(g) The complainant or the accused may request a review of the determination of the discrimination review committee by the Superintendent (or designee). The decision of the Superintendent (or designee) is final.

(4) The district's purchasing department shall engage in the following activities designed to encourage participation in doing business with the district by women, minority and small business enterprises:

(a) Enter into a partnership with The Florida Minority Supplier Development Council for the purpose of identifying sources of contract and procurement opportunities for minority businesses, identify minority-owned businesses in the district's accounts payable file and develop strategies to help increase participation by women, minority and small business enterprises.

(b) Notify The Florida Minority Supplier Development Council of procurement opportunities.

(c) Identify and assign a staff person as a partnership liaison and contact person with The Florida Minority Supplier Development Council

(d) Provide The Florida Minority Supplier Development Council information about minority-owned businesses registered with the district.

(e) Continue participation in women, minority and small business enterprise fairs.

(f) Open a computer workstation in the purchasing department for women, minority and small business enterprises to use for researching bids and downloading the vendor applications on the website.

(g) In conjunction with the University of South Florida Small Business Development Center,

develop workshops on "How to do Business with Pinellas County Schools" and " How to Submit a Pinellas County Schools Bid Solicitation" for women, minority and small business enterprises.

(h) Provide training to buyers, schools and departments on how to identify women, minority and small business enterprises when making purchases.

(i) Include on the vendor application form a women, minority and small business enterprise certification.

(5) The provisions of this policy shall be incorporated in contracts entered into by the district where appropriate.

(6) The OEO administrator will provide an annual report on the number of complaints, the nature of the complaints and the disposition of each complaint. The report will be provided to the School Board in July of each year.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43

Laws Implemented:

History: New 9/9/03

7.16 PROCEDURES FOR NONPUBLIC SCHOOLS TO RECEIVE FEDERAL FUNDS AND SERVICES

The following procedures shall apply to nonpublic schools in Pinellas County which are applying to receive federal funds and services.

(1) Procedures for nonpublic schools in Pinellas County which are accredited by the Florida Association of Academic Nonpublic Schools (FAANS) or are affiliated with organizations which are members of FAANS.

(a) The nonpublic school applying shall submit the following information to the proper organization:

1. Written affirmative action policy of admitting students irrespective of race.

2. Documentation providing recognition as a tax entity entitled to a 501 (c)3 exemption. To be eligible, a school must have received certification of compliance with regulations of the United States Office for Civil Rights.

3. Documentation showing current membership in FAANS or in an organization which is a member of FAANS.

(b) The nonpublic school applying will forward to the director of special projects a copy of the following:

1. written affirmative action policy of admitting students irrespective of race, and

2. documentation providing recognition as a tax entity entitled to a 501 (c)3 exemption with the letter requesting approval of compliance to the district’s public school designee (director, special projects).

(c) Upon approval, a letter will then be sent to the individual school and a copy will be sent to the proper accrediting organization.

(d) A copy of the written affirmative action policy of admitting students irrespective of race, and documentation providing recognition as a tax entity entitled to a 501 (c)3 exemption and accompanying letters will be kept on file at the public school district office.

(2) Procedures for nonpublic schools in Pinellas County which are not members of the Florida Association of Academic Nonpublic Schools (FAANS) or its affiliated members:

(a) The principal of the nonpublic school applying must submit in writing to the district public school designee (director, special projects) the following information:

1. Whether the school has publicized a policy of nondiscrimination in admission, employment, education policies, scholarship programs, athletics, and extracurricular activities.

2. Whether the school has publicized this policy in a manner intended and reasonably likely to bring it to the attention of school-age minority group persons and their families, without making other statements or taking actions that negate the effect of such publicity.

3. Whether application for admission has been treated on a nondiscriminatory basis and whether the racial composition of faculty, staff, and student body is consistent with a policy of nondiscrimination. (By way of interpretation, a nonpublic school which has no minority students in one or more of its schools, and which has also failed to adopt and make public a policy of nondiscrimination in accordance with items one and two shall be presumed to discriminate).

4. Whether scholarship assistance is made available without regard to race, and whether students and scholarship recipients are recruited among all segments of the community.

5. Whether applicant is recognized as a tax entity entitled to a 501 (c)3 exemption.

(b) Examples of documentation may include the following, which were extracted from the Office for Civil Rights document entitled Elements that may be Used to Determine Whether a Private School is Operated in a Nondiscriminatory Manner:

1. Adoption of written affirmative action policy of admitting students irrespective of race.

2. Recognition as a tax entity entitled to a 501 (c)3 exemption.

3. Publication of the school nondiscriminatory policy.

4. Contact with the minority community to disclose intention to accept minority students on the same basis as whites.

5. Meaningful recruitment efforts to secure minority students or teachers by offers of grants in aid, scholarships, etc.

6. Regular competition with desegregated public school athletic teams.

(c) Copies of materials submitted and the Office of Civil Rights 441 Form, as well as accompanying letters, will be kept on file in the office of special projects.

(3) The director of special projects of the school district shall provide determination of compliance within 45 days after receiving the initial application from the private school.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 5/13/97

Note: Formerly 6Gx52-2.176 (changed 6/30/98).

7.17 TRAVEL

(1) GENERAL INFORMATION. It is the intent of the School Board to administer its travel regulations within the scope of applicable Florida Statutes, thus ensuring that all employees and other authorized persons are reimbursed for reasonable, ordinary and incidental expense in connection with job-related travel. All travel shall be administered uniformly regardless of funding source (district, internal, grant, or other).

(2) SCHOOL BOARD MEMBERS.

(a) “Home base” for School Board members shall be their residence; provided however, that no mileage allowance shall be paid for attendance at School Board meetings.

(b) School Board members may elect to accept a standard monthly travel allowance, the maximum amount of which shall be determined by the School Board. The standard allowance shall be paid upon submission, at least annually, of a typical month’s travel which is equal to or exceeds the standard amount requested when the sum of miles traveled during the typical month is multiplied by the mileage rate. Board members electing a standard monthly travel allowance shall do so in writing at such time as the typical month’s travel is submitted to the district’s director of accounting. School Board members’ travel vouchers, requests for the standard monthly travel allowance, and typical month’s travel shall be submitted to the director of accounting.

(3) FORMS. All in-county travel and out-of-county travel require applicable approvals on School Board authorized forms. Reimbursement will only be made upon submission of the approved School Board authorized form, with supporting documentation.

(a) The traveler shall submit the In-County Travel Authorization and Reimbursement claim forms no later than the end of the fiscal year in which travel occurred; however, frequent travelers should submit on a periodic basis.

(b) The traveler shall submit the Out-of-County Travel Authorization and Reimbursement claim forms within thirty days following the travel period. The traveler should make a concerted effort to submit June travel in sufficient time for the expenses to be included in the fiscal year in which the travel occurred.

(4) MILEAGE RATE. The mileage rate will be established July 1 for that fiscal year based upon the mileage rate determined by the Federal Government at the beginning of the year. The rate established July 1 will remain in effect for the entire fiscal year through June 30.

(5) PER DIEM. The per diem rate will be established July 1 for that fiscal year based on the standard rate specified in Internal Revenue Service Publication 1542. The rate established July 1 will remain in effect for the entire fiscal year through June 30. Per diem includes both lodging and meals.

(6) MEAL ALLOWANCE. Meal allowances will be established July 1 for that fiscal year based upon the meal allowance portion of per diem specified in IRS Publication 1542. The meal allowance will be allocated for breakfast, lunch and dinner as determined by the Director of Accounting.

(7) Procedures governing the documentation and approval of employee travel reimbursement shall be set forth in the district’s Accounting Procedures Guide, as amended November 13, 2001 and October 28, 2003 which is hereby incorporated by reference and made a part hereof.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 7/12/50; Revised 12/18/74; Amended 9/14/77, 5/10/78, 1/14/81, 2/14/90, 8/8/90, 11/8/94, 11/13/01, 10/28/03

Supporting Document(s): Pinellas County Schools Accounting Procedures Guide

Note: Formerly 6Gx52-4.11 (changed 6/30/98).

7.18 MEMBERSHIP DUES AND FEES

(1) Schools and departments may pay institutional membership dues or fees, or individual dues or fees as expressly provided in Florida Statutes, in accordance with the district’s accounting procedures.

(2) Criteria shall be established and maintained in the district’s accounting department, to determine when membership is justified in support of the duties of the school or department requesting the membership.

(3) Dues and membership contributions shall only be made to organizations whose financial, business and membership records pertaining to the School Board are public record and subject to Section 119.07, Florida Statutes.

(4) All organizations to which dues and fees are paid shall be approved by the Superintendent (or designee). A list of approved organizations shall be maintained in the accounting department and shall be subject to annual review.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 7/28/65; Revised 12/18/74; Amended 5/10/78, 8/22/79, 2/11/87

Supporting Document: Pinellas County Schools Accounting Procedures Guide

Note: Formerly 6Gx52-4.13 (changed 6/30/98).

7.19 RESPONSIBILITY FOR BOARD-OWNED PROPERTY

(1) The principal, director, department head, or other employee so designated by the Superintendent, shall be responsible for all Board-owned equipment assigned to the work site or department for which that employee is responsible. The lending or use of Board-owned equipment for private gain is prohibited. The principal, director, department head, or other employee so designated by the Superintendent may check out appropriate equipment to employees, for a specified period of time, for job-related purposes using the property removal request form (PCS 1943).

(2) The use of Board-owned equipment by students off of school grounds may be authorized by the principal or director (or designee), using the appropriate property removal form and with the signature of a parent or guardian. No equipment shall be removed for use by students until the appropriate property removal form has been completed and approved, and any applicable rental or maintenance fees have been paid.

(3) The use of Board-owned equipment for public purposes off of district grounds may be authorized by the principal, director or department head (or designee), using the property removal request form (PCS 1943). No equipment shall be removed for use until the property removal request form has been completed and proper approval received.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 3/15/53; Amended 5/22/57; Revised 12/18/74; Amended 12/14/77

Cross Reference: Policy 8.27(2)(a)2,3

Note: Formerly 6Gx52-2.21. See also (new)6.08 and 8.27(2)(a).

7.20 ASSIGNMENT OF BOARD-OWNED VEHICLES TO CERTAIN EMPLOYEES

If the Superintendent (or designee) determines it is necessary for an employee to regularly or frequently utilize a School Board vehicle for School Board purposes outside of regular working hours, the Superintendent (or designee) may assign a vehicle to that employee. Any employee who is assigned such a vehicle shall not use, or allow others to use, the vehicle for personal reasons except for minimal stops. Such use of vehicles is subject to applicable federal and state regulations.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.; Temporary Treasury Regulation Section 1.274-6T

History: New 1/25/89 (Emergency); 2/22/89

Note: Formerly 6Gx52-4.12. This proposed amendment incorporates previously proposed policy 10.56. (changed 6/30/98)

7.21 INVENTORIES AND PROPERTY RECORDS

(1) "Property record accounting" pertains to the acquisition, supervision, accountability, control, transfer or disposal of all tangible personal property owned by the School Board. The word "property" used here means equipment and other tangible personal property of a non-consumable nature and the normal life expectancy of which is one year or more. “Custodian” means the person to whom the custody of district property has been delegated by the School Board. The "custodian" (principal, director or department head) shall be responsible for the supervision, accountability and control, and for reporting and recording the acquisition and disposal, of all property in the prescribed manner.

(2) Tangible property, whether purchased or received through donation, the value of which at the time of acquisition was seven hundred fifty dollars ($750) or more, shall be tagged and accounted for as an asset of the School Board. Certain classifications of equipment or furniture, as designated by the Superintendent to be of special interest and possessing a value of less than seven hundred fifty dollars ($750), may be tagged and controlled as a Board asset.

(3) Federal contracts, wherever possible, shall be written to require tangible property of a unit value, at the time of acquisition, of seven hundred fifty dollars ($750) or more to be tagged and inventoried annually.

(4) All property within a school or other Board facility shall be physically inventoried annually. An inventory of tagged items under unit control and under group control shall be taken annually with the assistance of district personnel, and all discrepancies shall be traced and reconciled.

(5) The principal, director or department head shall be responsible for taking inventories of properties valued between three hundred dollars ($300) and seven hundred forty-nine dollars and ninety-nine cents ($749.99). All cost centers’ untagged tangible property inventory report (formerly known as principal’s inventory) shall be submitted to the Auditing and Property Records Department by October 31 of each year.

(6) In addition, the principal or director shall be responsible for taking inventories of textbooks, library books, book stores, school stores, custodial and other instructional supplies, and food service supplies.

(7) A change of principals or other custodial agents will be taken into consideration when scheduling the annual inventory.

(8) Property which is not located during the annual physical inventory by the property records personnel shall be listed in the Annual Audit Report of Internal Funds and Tagged Property as unlocated property. In any cases in which it is determined that negligence has occurred, restitution shall be expected from the responsible individual. A record shall be kept of equipment that is assigned to an individual or department. Equipment shall not be taken from the school or center without approval of the principal or director (or designee) using the appropriate form. A record shall be made of the borrower, the date borrowed and the date the equipment is returned.

(9) Warehouse inventories shall be of a perpetual nature. An annual inventory shall be conducted and results shall be filed in the office of the district’s director of accounting.

(10) All materials and equipment within Pinellas County school facilities, however obtained, are the property of the Pinellas County School Board. The sale and/or other means of disposal of such items shall be strictly in accordance with state statutes, State Board of Education Rules and the policies of the School Board.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.; 6A-1.087 SBE Rules..

History: New 7/12/50; Amended 7/13/55, 7/12/61, 7/28/65, 11/17/71, 2/27/74; Revised 12/18/74; Amended 5/11/77, 5/10/78, 7/25/84, 9/12/90, 4/27/94, 7/25/00

Note: Formerly 6Gx52-4.09 (changed 6/30/98).

7.22 DISPOSAL OF SURPLUS PROPERTY

(1) The Superintendent shall be responsible for the development and administration of procedures for the disposal of property declared surplus by the School Board. Any property shall be considered surplus, provided that such property is not otherwise lawfully disposed of, whenever that property is determined to be obsolete, or the continued use of the property is uneconomical or inefficient, or the property serves no useful function to the district. Such procedures shall be consistent with Florida Statutes and State Board of Education Rules.

(2) Schools and departments wishing to dispose of taggable property as defined in Policy 7.21 (2) INVENTORIES AND PROPERTY RECORDS, maintained on property records shall contact the supervisor of property records for disposal instructions. Disposal of taggable property purchased with federal grant monies must also be approved by the Director of Special Projects or, in the case of School Food Services, the Associate Superintendent for Institutional Services. Schools or departments participating in the transfer shall complete the property asset transfer forms in order to maintain accountability for taggable property.

(3) The Director of Warehousing or designee shall make a determination as to whether the item is usable to another school or department. If declared usable, the item may be redistributed on a first-come-first-served basis by completing the property asset transfer form.

(4) Taggable property still remaining shall be listed on a surplus property listing.

(5) Surplus property lists for taggable equipment shall be submitted periodically to the School Board for approval. Property on the list shall be designated either "useful for parts" or "permission to be sold or disposed of otherwise."

(a) The Director of Warehousing shall establish a committee having responsibility for identifying those items, which have been designated as surplus, as either having commercial value or not having commercial value.

(b) The Director of Warehousing shall also be responsible for establishing criteria to determine whether a surplus property has commercial value.

(6) Items approved as "useful for parts" are to be used for repair of other Board owned equipment or for instructional purposes.

(7) Any taggable inventoried item, which has been determined to be surplus property having commercial value, shall be disposed of in the following order of priority:

(a) Transfer to another site or to an approved partnership program within the district.

(b) Transfer to a Charter school.

(c) Transfer to another governmental agency.

(d) Transfer to a private non-profit agency, as defined in Section 273.01(3), F.S., for donation. A transfer list shall be submitted periodically to the School Board.

(e) Offer for public sale to the general public at the highest bid price. Notice of said sale shall be advertised for one day in a local newspaper of general circulation. A time will be designated for public viewing and the items will be sold either by auction or sealed bids submitted to the district’s purchasing department.

(f) By discarding.

(8) Any taggable inventoried item purchased with federal grant monies, which has been determined to be surplus property having commercial value, shall be disposed of according to the “Uniform Federal Assistance Regulations” (7 CFR Part 3015) and in the following manner:

(a) For equipment with a current market value of less than $5,000, section (7) above is applicable.

(b) If federal grant equipment with a current market value of $5,000 or more is sold, then $500 or ten percent (10%) of the total sales proceeds, whichever is greater, shall be deducted and retained from the amount otherwise due for selling and handling expenses. If the recipient’s project or program, for which or under which the equipment was acquired, is still receiving grant support from the same federal program, and if the awarding agency approves, the net amount due may be used for allowable costs of that project or program. Otherwise, the net amount shall be returned to the awarding agency by check or money order.

(9) Schools and departments wishing to dispose of property of lesser value, which is not taggable, shall contact the Director of Warehousing for disposal instructions.

(a) Nontaggable items may be disposed of in accordance with statute 274.06 (Alternative Procedure).

(b) The Director of Warehousing shall establish a committee to assign prices to nontaggable property and make the property available to other sites, Charter schools, agencies, employees and the general public.

(10) Those items, which have been determined to be surplus property not having commercial value, shall be disposed of in the following manner:

(a) If the item is not on the district’s Taggable Property Inventory Record, then it shall be disposed of by the Director of Warehousing in an appropriate and safe manner.

(b) If the item is on the district’s Taggable Property Inventory Record, then a request shall be submitted to the School Board for authorization to dispose of the item in an appropriate and safe manner.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.; 6A-2.028 SBE Rules.. 7 CFR Part 3015 CFDA.

History: New 3/23/77, Amended 9/12/90, 1/9/91, 7/8/92, 5/21/02, 7/29/08

Note: Formerly 6Gx52-4.10 (changed 6/30/98).

7.23 PURCHASE OF BOARD-OWNED MATERIALS BY PAROCHIAL SCHOOLS AND EDUCATIONAL AGENCIES

Any parochial school or educational agency, which is approved to purchase Board-owned materials, must comply with the following requirements to remain qualified, unless said requirements are expressly waived by the Superintendent (or designee).

(a) Provide documentation of sales tax exempt status.

(b) Provide a complete listing no later than July 1 of projected materials to be purchased during the next calendar year (January through December).

(c) Purchase all materials projected, with a limit of four (4) orders annually.

(d) Pay a 10% surcharge to defray handling.

(e) Pick up and transport all materials purchased.

(f) Remit payment by check to the district’s accounting department within 30 days.

(g) Assume responsibility and liability for the use of materials purchased.

(h) Assume responsibility for any damage that may occur in transit.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 6/30/98.

7.24 MANAGEMENT OF SCHOOL BOARD FUNDS

(1) AUTHORITY

The Superintendent (or designee) is authorized to make transfers from financial institution to financial institution or within a financial institution for the purpose of investing or divesting School Board funds. For the purposes of this policy, the term “financial institution” has the same definition of Section 280.02(13) F.S.

The Manager, Cash & Investments, under the supervision of the Chief Business Officer, is appointed as designee of the Superintendent and is authorized and empowered for and on behalf of the School Board of Pinellas County, Florida, to a) conduct investment transactions in accounts at financial institutions as provided under subparagraph (11) "Authorized Investment Institutions and Dealers,” and b) conduct other banking/financial transactions in financial institutions designated as Qualified Public Depositories under Section 280.02(26) F.S. Accounts at said institutions shall be established by two signatures of the Chief Business Officer, Assistant Superintendent, Finance and Business Services or Director, Accounting.

(a) Investment Transactions. The Manager, Cash & Investments, under the supervision of the Chief Business Officer, shall have the authority, under the conditions set forth herein, to make individual investment decisions and to direct the Third Party Custodian to act on said decisions, consistent with this policy.

(b) Banking/Financial Transactions. The Manager, Cash & Investments, under the supervision of the Chief Business Officer, shall have the authority, under the conditions set forth herein, to establish services and execute transactions to, from, and between established School Board accounts, consistent with this policy.

(c) Facsimile Signatures. The Manager, Cash & Investments, under the supervision of the Chief Business Officer, shall be designated, under the conditions set forth herein, as the custodian of the facsimile signatures of the Superintendent and Chairman of the School Board. As custodian, the Manager, Cash & Investments will oversee the creation of any device or mechanism to apply said facsimile signatures to warrants drawn on School Board accounts.

Appropriate fidelity bonding will be maintained by the School Board to cover the Manager, Cash & Investments, the Chief Business Officer, and other designated staff members who are in any way involved in the movement of School Board funds from one financial institution account to another.

(2) SCOPE

The investment policy shall apply to all funds held or controlled by the School Board of Pinellas County, Florida.

(3) INVESTMENT OVERSIGHT COMMITTEE

The Superintendent shall establish an investment oversight committee whose members shall be comprised of a minimum of six individuals, three of whom shall be School Board personnel and three non-School Board personnel with relevant financial expertise. The Manager, Cash & Investments, shall serve as an ex-officio resource to the investment oversight committee. The investment oversight committee will meet at least quarterly to formulate and review the control procedures and investment performance criteria as set forth in this policy.

(4) INVESTMENT OBJECTIVES

The investment objectives of the School Board of Pinellas County, Florida, are safety of capital, liquidity of funds, and investment income, in that order.

(5) PERFORMANCE MEASUREMENT

The performance measurement objective of the School Board’s investment portfolio shall be to exceed the State Board of Administration's Local Government Surplus Funds Trust Fund’s yield.

(6) PRUDENT AND ETHICAL STANDARDS

The Manager, Cash & Investments, under the supervision of the Chief Business Officer, shall adopt and be guided by the "Prudent Person Rule," which states that, "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." The "Prudent Person Rule" shall be applied in the context of managing School Board funds.

(7) AUTHORIZED INVESTMENTS

The Manager, Cash & Investments, under the supervision of the Chief Business Officer shall be empowered to invest School Board funds in:

(a) The State Board of Administration’s Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in section 163.01 F.S.

(b) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency.

(c) Interest-bearing time deposits or savings accounts in Qualified Public Depositories as defined in section 280.02(26) F.S.

(d) Direct obligations of the United States Treasury.

(e) Obligations of federal agencies, Government Sponsored Enterprises, and instrumentalities.

(f) Securities of, or other interest in, any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided the investment objectives of said investment company or investment trust are similar to the investment objectives of this Policy.

(g) Short-term obligations commonly referred to as “money market instruments”, including, but not limited to commercial paper, provided such obligations carry the highest credit rating from a nationally recognized rating agency.

(h) Asset-backed securities are permitted when either a) the underlying asset is guaranteed by the issuer, or b) the security carries the highest quality rating by a nationally recognized rating agency.

Investment instruments will have the highest quality as rated by a nationally recognized rating agency at the time of purchase. If the rating of an investment should be downgraded to less than highest quality rating, the Manager, Cash & Investments, in consultation with the Investment Oversight Committee, will decide whether the investment will be sold or retained. Mortgage-backed investments that do not carry an investment rating are permitted when the issuer falls under paragraph (d) or (e) above.

The Manager, Cash & Investments, in consultation with the Investment Oversight Committee, shall have the discretion to invest in securities that do not fall under the above categories, provided the invested value of these securities does not exceed 5% of the total value of School Board Funds, on the settlement date of said investment. Such securities must not otherwise be prohibited by State Statute or this Policy.

Investment of School Board funds shall be made 1) so as to provide sufficient liquidity to meet the obligations of the School Board as they come due and 2) in accordance with the investment objectives listed in subparagraph (4) of this Policy. The Manager, Cash & Investments will comply with the “Prudent Person Rule” as outlined in subparagraph (6) of this Policy when evaluating investments for addition to the managed investment portfolio, particularly with regard to maturity, liquidity, risk, diversification, security type, and issuer.

(8) MATURITY AND LIQUIDITY REQUIREMENTS

The maturity and liquidity characteristics of the investments in the School Board’s managed investment portfolio shall be structured to provide sufficient liquidity to meet obligations of the School Board in a timely manner. The weighted average "duration" of the investment portfolio shall not exceed five years. The maturity and liquidity characteristics of the Managed Investment Portfolio as a whole and of each individual security, shall be in accordance with subparagraphs (4) and (6) of this Policy.

(9) PORTFOLIO COMPOSITION

The composition of the School Board’s managed investment portfolio, with regard to security type, issuer and maturity, shall be diversified so as to 1) provide sufficient liquidity to meet obligations of the School Board in a timely manner and 2) comply with subparagraphs (4) and (6) of this Policy.

(10) RISK AND DIVERSIFICATION

The risk and diversification characteristics of the investments in the School Board’s managed investment portfolio shall be structured so as to 1) provide sufficient liquidity to meet obligations of the School Board in a timely manner and 2) comply with subparagraphs (4) and (6) of this Policy. Investment strategies, including risk and diversification goals, shall be reviewed and revised periodically by the Investment Oversight Committee and incorporated into this policy as appropriate.

(11) AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS

(a) Any broker or dealer desiring to conduct securities transactions with the School Board shall be required to submit a written response to the School Board’s broker/dealer questionnaire. The Manager, Cash & Investments shall be responsible for reviewing such requests and determining whether the requesting firm is qualified to conduct securities transactions with the School Board. In addition to the broker/dealer questionnaire, the Manager, Cash & Investments may also use other publicly available information necessary to evaluate the qualifications of the applicant.

(b) The Manager, Cash & Investments shall maintain an Approved Broker List of those firms that have been reviewed and deemed qualified to conduct securities transactions with the School Board. The Investment Oversight Committee will periodically review the list and recommend changes if appropriate. The Manager, Cash & Investments, shall be authorized to conduct securities transactions, in an established School Board account, with any firm on the list of qualified firms.

(12) THIRD PARTY CUSTODIAL AGREEMENTS

Securities purchased, or otherwise acquired by the School Board shall be properly designated as an asset of the School Board of Pinellas County, Florida and held in safe-keeping by a third party custodian. Said custodian shall issue trust receipts for all purchases and sales of securities in the School Board’s custody account. Securities held in safekeeping shall not be withdrawn, in whole or in part, except by the Manager, Cash & Investments, under the supervision of the Chief Business Officer.

The School Board shall execute a third party custodial agreement with a bank or other depository institution, for the purpose of:

(a) Establishing a securities custody account in which securities are deposited and held by the custodian.

(b) Establishing the custodian as agent for the School Board when settling purchases and sales of securities using the delivery versus payment method.

(c) Empowering the custodian to inspect all securities delivered to the account and to verify the description, negotiability and good delivery form prior to payment.

(d) Collecting and crediting interest and dividend payments to the School Board’s security account due on securities held in the account as of the payable date.

(e) Acting on the School Board’s behalf in the redemption of all matured and called securities and crediting such proceeds in the custody account as received.

(f) Establishing a mechanism for the wire transfer of temporarily idle funds held in the security account to School Board accounts at other financial institutions.

(g) Establishing a mechanism of transmitting and receiving instructions via the Custodian, Securities Broker, and the School Board.

(h) Establishing the use of trust receipts as documentation for all securities transactions through the Depository Trust Company's Institutional Delivery System, the financial institution's Federal Reserve Account or a designated financial institution which has a correspondent relationship to the School Board’s third party custodian.

(i) Providing the School Board a detailed transaction statement indicating all cash entries to the security account, beginning and ending principal balances, and beginning and ending income balances for the period.

(j) Providing the School Board (monthly and upon request) an asset statement indicating description, par value, book and market value of all securities held in the account.

(13) MASTER REPURCHASE AGREEMENT

The Manager, Cash & Investments, under the supervision of the Chief Business Officer, shall be required to have a fully executed master repurchase agreement from all approved banking institutions and securities dealers' transacting repurchase agreements. All repurchase agreement transactions shall adhere to the requirements of the master repurchase agreement.

(14) BID REQUIREMENT

When appropriate, feasible and practicable, the purchase and sale of investment securities shall be competitively bid. Documentation will be retained for all bids, with the winning bid clearly identified.

(15) INTERNAL CONTROLS

The following internal controls shall be implemented to prevent loss of funds from fraud, employee error, misrepresentation by third parties, or imprudent actions by School Board employees.

(a) School Board accounts at financial institutions can only be opened and closed on two signatures of the Chief Business Officer, Assistant Superintendent, Finance and Business Services or the Director, Accounting. The Manager, Cash & Investments is prohibited from opening or closing School Board accounts.

(b) Transactions in, from and between School Board accounts can only be executed by the Manager, Cash & Investments, or his/her backup.

(c) The School Board shall receive two copies of all transaction confirmations and investment account statements. One copy will be sent to the Manager, Cash & Investments and retained in the cash management department files. The second copy will be sent under separate cover to the Chief Business Officer. The Chief Business Officer will review the confirmations and statements, initial them and return them to the Manager, Cash & Investments for retention in the cash management department files.

(d) When the Manager, Cash & Investments completes a trade with a broker, the broker will immediately send the trade details to both the Manager, Cash & Investments and the School Board custodian.

(e) On a monthly basis, the staff accountant will reconcile all School Board money market accounts and the custodial account, the Manager, Cash & Investments will review the reconciliations and the Chief Business Officer will review and approve them. All three individuals will sign the cover page and the document will be placed in the cash management files.

(f) In addition to the annual audit of the School Board there will be a separate audit of the managed investment program. This audit is presented to the Investment Oversight Committee and is available for School Board review.

(g) The Manager, Cash & Investments reports to the investment oversight committee ex officio. The committee reviews the investment activities of the Manager, Cash & Investments for compliance with this policy and the “Prudent Person Rule”.

(16) CONTINUING EDUCATION

The Manager, Cash & Investments shall complete eight (8) hours annually of continuing education classes in subjects or courses of study related to cash management and/or investment practices and products.

(17) INVESTMENT PERFORMANCE AND REPORTING

The investment portfolio's performance shall be reported to the Investment Oversight Committee through a set of reports, the contents of which are described below, on a quarterly basis. Said reports shall also be presented to the School Board at a regularly scheduled School Board meeting. Reports shall include the following:

(a) Asset Value and Income Statement for the current quarter, fiscal year-to-date, and prior fiscal year.

(b) Notes to Value and Income Statement.

(c) Period ending portfolio statement inclusive of security type and description, book value, market value, book value versus market value comparison, prepaid and accrued interest to date, and the total value of each security as well as the total value of all securities.

(d) Management Investment Program Income and Rate of Return Statement for the current quarter, fiscal year-to-date, and prior fiscal year.

(e) Pro forma Income and Rate of Return Statement for the alternative State Board of Administration investment for the current quarter, fiscal year-to-date, and prior fiscal year.

(f) Any other reports the investment oversight committee or School Board deems necessary, as well as those required by regulatory agencies.

(18) SALE OF SECURITIES

When the School Board invested funds are needed in whole or part for the purposes originally intended or for more optimal investments, the Manager, Cash & Investments may sell such investments at the then prevailing market prices and place the proceeds into the proper School Board account or fund.

(19) REVERSE REPURCHASE AGREEMENTS

The School Board may enter into a reverse repurchase agreement with any firm on the list of qualified firms as defined in subparagraph (11) of this Policy or a Qualified Public Depository as defined under section 280.02(26), F.S., not for the purposes of increase leverage, but for legitimate funds management purposes only. The use of reverse repurchase agreements shall be limited to transactions in which the proceeds are intended to be used for liquidity and for which the School Board staff has sufficient resources and expertise to manage.

(20) ELECTRONIC TRANSFER OF FUNDS

School Board funds may be moved into, out of, and between any School Board account by electronic means, including Fedwire, ACH, or any other method as may be developed and put into practice by financial institutions for the purposes of transferring money between accounts or between financial institutions. Movement of School Board funds by electronic means shall comply with Chapter 668, F.S.

School Board funds shall only be electronically transferred for the following reasons:

(a) payment of legitimate obligations incurred in the course of School Board business,

(b) receipt of School Board revenue from local, State, and Federal sources,

(c) settlement of investment transactions, e.g. purchases, sales, or principal and interest distributions,

(d) transfers between School Board accounts as needed for legitimate funds management activities.

The Manager, Cash & Investments, or his/her backup, will execute electronic transfers of funds through qualified financial institutions as defined in section (1) of this Policy. The Manager, Cash & Investments shall properly account for such transactions in the School Board’s general ledger system.

(a) Fedwires

a. Fedwires between School Board accounts can be initiated and approved by the Manager, Cash & Investments.

b. Repetitive templates of Fedwire instructions to non-School Board accounts shall be established by a School Board employee, who is not a member of the Cash Management Department, using software provided by the School Board’s financial institution. The Manager, Cash & Investments shall be prohibited from altering such repetitive templates.

c. Fedwires to non-School Board accounts can be initiated and approved by the Manager, Cash & Investments, provided repetitive templates, as established in paragraph b. above, are used.

(b) ACH transactions

a. Authorized School Board vendors will be paid only via ACH Credit transactions. An ACH Credit transaction is where money is sent from a School Board account to the School Board vendors appropriate bank account.

b. ACH Debit transactions are prohibited, unless the counterparty to the transaction is another governmental entity. An ACH Debit transaction is where money is retrieved from a School Board account by the counterparty’s financial institution.

c. Authorized School Board vendors to be paid via ACH will be set up to receive such payments in the School Board’s general ledger system by Accounting Department personnel.

d. Payment of employees wages via Direct Deposit will comply with procedures established by the Payroll Department.

(c) Other Electronic Funds Transfer transaction types

Other electronic funds transfer transactions, through either an established method or any method that may be developed in the future, are permitted, so long as such transactions are structured so that School Board funds may not be transferred to non-School Board accounts at the sole discretion of the Manager, Cash & Investments. Instructions to transfer funds electronically, to non-School Board accounts, shall be established by a School Board employee who is not a member of the Cash Management Department. Said instructions can then be used by the Manager, Cash & Investments to execute an electronic transfer of funds.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 163.01, Chapter 668, 1010.11 F.S.

Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq.

History: New 11/17/71; Revised 12/18/74, Amended 7/22/92 (Emergency), 8/26/92, 8/11/93, 11/15/95, 4/16/02, 4/10/07

Note: Formerly 6Gx52-4.16 (changed 6/30/98).

7.25 SETTLEMENT OF CERTAIN LEGAL CLAIMS

(1) The School Board is self insured in accordance with Florida Statutes for personal injury or property damage, worker's compensation or similar claims. The Board utilizes a third party administrator (TPA) to process these claims and also purchases excess workers’ compensation insurance to provide coverage for specific workers’ compensation claims over $400,000.

(2) A claims committee is established to review and authorize settlement on certain claims. The committee shall be comprised of the Superintendent (or designee), the board attorney (or designee), the director of risk management, a representative of the school/department affected by the decision to settle the claim, a member of the School Board, and, for cases involving personal injury or property damage, a representative of the School Board's claims servicing agency.

(3) The School Board authorizes its third party administrator (TPA), to settle personal injury, property damage and workers’ compensation claims up to twenty-five thousand dollars ($25,000). The Board authorizes the director of risk management and insurance to authorize settlement of personal injury, property damage, and worker’s compensation claims in excess of $25,000 but less than $50,000. The Board authorizes the school board attorney and the Superintendent to settle other claims up to $50,000.

(4) The claims committee will be convened by the board attorney when authorization is sought to settle a claim or lawsuit for $50,000 up to $100,000. The committee will consider all relevant factors, applicable laws, and recommendations of the TPA and assigned counsel when authorizing a claim settlement. The committee is authorized to settle any case for an amount not exceeding $100,000 without School Board action.

(5) Settlements over $100,000 authorized by the claims committee will be sent to the Board for consideration.

(6) For personal injury, property damage, and workers’ compensation litigation, the third party administrator shall select counsel from a pool of attorneys established by the School Board through the request for proposal process.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 3/19/86; Amended 9/27/89, 6/27/90,1/9/91, 8/25/93, 8/12/97

Note: Formerly 6Gx52-4.03 (changed 6/30/98).

7.26 REPRESENTATION IN LITIGATION

(1) The Board desires to have high quality legal representation available to it in all major areas of litigation, and recognizes that it is not possible for the staff counsel to possess expertise in all such areas.

(2) When litigation is initiated against the Board, or when authorization is sought to initiate litigation on behalf of the Board, cases will be assigned as follows:

(a) For worker’s compensation cases and cases covered under the self insurance program, the third party administrator shall assign the case to one of the law firms that have been approved by the School Board after having responded to a request for proposals.

(b) In all other cases, the school board attorney shall assign the case to one of the law firms that have been approved by the School Board after having responded to a request for proposals.

(3) Nothing herein shall be construed to prohibit the School Board from retaining any attorney or firm of its choosing for representation in a particular case, or from requesting that the school board attorney and Superintendent search for attorneys or firms other than those listed for representation in a particular case.

(4) Lawsuits, third party claims, or appeals shall not be initiated on behalf of the Board without prior Board approval. If Board approval can not be obtained prior to the expiration of legal time limits for such action, or the Board's legal position will be adversely affected by a delay, the school board attorney may authorize the initiation of the action if individual Board members are notified in advance, and the matter is presented at the next regular Board meeting for a determination of whether to continue the action. Board approval is not required for loss recovery claims initiated by a third party administrator on behalf of the Board.

(5) The school board attorney is authorized to approve expenditures for ancillary costs to litigation including court reporters, travel expenses, and expert witnesses, for amounts not to exceed $6,000 per item. Board approval will be required for expense items greater than $6,000. If an emergency exists, which will adversely affect the Board's legal position, prior to being able to obtain Board approval, the school board attorney is authorized to approve the expenditure in the same manner as in (4) above.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.; 6A-1.042 F.A.C.

History: New 11/17/93, 8/12/97

Note: Formerly 6Gx52-4.035 (changed 6/30/98).

7.27 REPORTS AND FORMS CONTROL

(1) The District shall maintain a paper flow committee to recommend procedures to the School Board for eliminating, reducing, revising and consolidating paperwork and data collection requirements.

(2) The paper flow committee membership shall be consistent with the provisions of 229.555(2)(b)1, F.S.

(3) The paper flow committee shall submit an annual report of its findings to the Superintendent and School Board.

(4) The coordination of the paper flow committee shall be the responsibility of the individual identified to the Florida Department of Education as the district’s records management liaison officer.

(5) A forms management procedure shall be maintained and published by the district's central printing services department. Changes to this procedure shall be approved by the paper flow committee.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 7/27/77. Amended 7/14/82, 8/8/90

Note: Formerly 6Gx52-2.07 (changed 6/30/98).

7.28 PREPARATION AND RELEASE OF SPECIAL REQUEST DATA

The Board recognizes the need to assist the community with information and other forms of data that may, from time to time, be requested by individuals, businesses and industry, community groups and other agencies of government. There are, however, limitations which prevent the school system from providing unlimited data, due to other demands on personnel, equipment and supplies. The following guidelines shall be observed in preparing and releasing such requested data:

(1) Data which are routinely developed and on hand (e.g., Profile or Directory) shall be provided upon request at the actual cost for producing or reproducing such information, in accordance with 119.07, F.S.

(2) Requests for data not available on a routine basis must be made by the person or agencies in writing to the office human resources & public affairs, which may provide such information consistent with the following provisions and in accordance with 119.07, F.S.

(a) Requests for such data shall be handled as time permits, provided there is no excessive interruption of the normal routine of the operations of the school district.

(b) Data requested shall normally be released in the form in which it is actually generated. Any request for a change in format of the data or any unique manipulation of the data shall be provided only on a time available basis, and such persons/agencies requesting such data be expected to absorb the cost of producing the data in the special format. The charges shall be based on the cost incurred for the extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred for the clerical, technical and supervisory assistance required, or both.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 7/13/88

Cross References: See also policy 7.08.

Note: Formerly 6Gx52-2.08 (changed 6/30/98).

7.29 RECORDS MANAGEMENT

The records management liaison officer for the Pinellas County Schools District has the responsibility of processing all records for permanent retention and/or disposition subject to Chapter 119, Florida Statutes, Public Records, and Chapter 267, F.S., Florida Archives and History Act. All school district personnel responsible for official records shall comply with procedures published annually by the records management liaison officer.

All procedures and requirements for scheduling and disposition of public records shall be processed in accordance with procedures established by the Bureau of Archives and Records Management, Florida Department of State.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 7/14/82

Supporting Document(s): Records Retention & Disposal Procedures Manual

Note: Formerly 6Gx52-2.09 (changed 6/30/98).

7.30 NETWORK/INTERNET ACCEPTABLE USE AGREEMENT

(1) Prior to a student being allowed access to the Internet, the students and the student’s parent or guardian are required to sign a Network/Internet Acceptable Use Agreement as provided in paragraph (2).

(2) Network/Internet Acceptable Use Agreement

(a) Pinellas County Schools use computers to support learning and to enhance instruction. Computer networks in the schools allow students and staff to interact with many computers. The Internet, a network of networks, allows people to interact with hundreds of thousands of networks and computers. Internet access is now available to designated students in Pinellas County Schools. This resource offers vast, diverse, and unique resources to students that will allow them to communicate with people from around the world, visit electronic libraries, perform research on a variety of subjects, and participate in special projects with students from all points on the globe. The goal in providing this service is to promote educational excellence in schools by facilitating resource sharing, innovation, and communication. This technology will benefit all students as they prepare for work in a global marketplace.

(b) The student is expected to follow all guidelines stated below, as well as those given orally by the appropriate staff, and to demonstrate ethical behavior that is of the highest order in using the network facilities at the school.

1. Acceptable Use: The purpose of the Internet is to facilitate communications in support of research and education by providing access to unique resources and the opportunity for collaborative work. The use of the student’s account must be in support of and consistent with the educational objectives of Pinellas County Schools. Use of other organizations’ networks or computing resources must comply with the rules appropriate for that network. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret. Use for commercial activities is generally not acceptable. Use for product advertisement is also prohibited.

2. Privileges: The use of the Internet is a privilege, not a right, and inappropriate use will result in a cancellation of those privileges. The districtwide network system administrator will be the supervisor of distributive and user support systems. In addition, the principal will appoint a staff member to act as the school’s network system administrator. Students may not allow others to use their account name or their password. Violation of this rule could jeopardize access to the Internet and students who violate this rule will immediately lose all network and computer access. The school’s network system administrator will deem what is inappropriate use and the decision will be final. Also, the school’s network system administrator may close or restrict an account at any time as required. The administration and staff of the district or the school may also request the district-wide network system administrator or the school’s network system administrator to deny, revoke, or suspend specific user access.

3. Network Etiquette: Students are expected to abide by the generally accepted rules of network etiquette. These include, but are not limited to the following:

a. Do not reveal personal address, phone numbers, or other personal information of yourself or classmates.

b. Be polite. Do not get abusive in messages to others.

c. Use appropriate language. Do not swear, use vulgarities, or any other inappropriate language.

d. Do not access inappropriate material or engage in activities that are prohibited under local, state or federal law or School Board policy.

e. Users should have no expectation of privacy in any communication sent or received by

e-mail, or in regard to the Internet or network access. This also applies to e-mail or other documents that are archived or otherwise recoverable.

f. Do not use the network in such a way that would disrupt the use of the network by other users.

g. All communications and information accessible via the network should be assumed to be private property.

4. Services:

a. Pinellas County Schools will not be responsible for any charges related to fee for service access to on-line resources or services incurred by account holders without prior written approval being received from the district.

b. Pinellas County Schools makes no warranties of any kind, either expressed or implied, for the service it is providing. Pinellas County Schools will not be responsible for any damages suffered. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or errors or omissions including any and all viruses. Use of any information obtained via the Internet is at the student’s own risk. Pinellas County Schools specifically denies any responsibility for the accuracy or quality of information obtained through its services.

5. Security: Security on any computer system is a high priority, especially when the system involves many users. If the student can identify a security problem, the student must notify the school’s network system administrator or the Pinellas County Schools district-wide network system administrator and should not demonstrate the problem to other users. Attempts to logon to the Internet as a network system administrator will result in cancellation of user privileges. Any user identified as a security risk or having a history of problems with other computer systems may be denied access to the Internet.

6. Vandalism: Vandalism will result in cancellation of Internet privileges. Vandalism is defined as any malicious attempt to harm or destroy data of another user, Internet, or any of the above listed agencies or other networks that are connected to Pinellas County Schools. This includes, but is not limited to the uploading or creation of computer viruses.

7. The student shall be required to sign a statement indicating that: “I understand and will abide by the Network and Internet Use Agreement. I further understand that any violation of the regulations stated is unethical and may constitute a criminal offense. Should I commit any violation, my access privileges may be revoked and school disciplinary and appropriate legal action may be taken.”

8. The parent or guardian shall be required to sign a statement indicating that: “As the parent or guardian of this student, I have read the Network and Internet Use Agreement. I understand that my child’s access is designed for educational purposes. I recognize it is impossible for Pinellas County Schools to restrict access to all controversial or offensive materials and I will not hold them responsible for materials acquired on the network. Further, I accept full responsibility for the supervision, if any, when my child’s use is not in a school setting. I have read and understand the information in this agreement and hereby give my permission for my child to use the Internet for classroom curriculum projects.”

(3) Additional Internet Safety Measures

In order to provide additional safety measures for students in their use of District computers, and to comply with the Children’s Internet Protection Act (CIPA), 66 Fed. Reg. 19394 (April 16, 2001), the following steps shall be undertaken:

(a) The District shall utilize technology protection measures, (including internet filtering or blocking software), to prevent access to visual depictions that are obscene, child pornography, or otherwise harmful to minors.

(b) Teachers, media specialists and other school personnel shall monitor the on-line and other computer use of students to:

1. prevent students from gaining access to inappropriate or harmful material, as determined by school administration considering school curriculum, the Code of Student Conduct, other School Board policies, and local, state and federal laws and regulations;

2. oversee issues of safety in students’ use of e-mail, chat rooms, and other types of electronic communication;

3. prevent students from engaging in unauthorized or unlawful on-line activities, including hacking;

4. prevent students from making unauthorized disclosure, use or dissemination of personal information; and

5. otherwise monitor and enforce compliance with the Acceptable Use Agreement.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 1/14/97, Amended 12/11/01, 1/15/02

Note: Formerly 6Gx52-2.34 (changed 6/30/98)

7.31 CAMPUS POLICE OPERATIONS

The Superintendent shall establish, maintain and communicate standard procedures to govern the ongoing operations of the district’s Campus Police Department. To this end, the Operations Manual for the Pinellas County Campus Police Department (revised July 1, 1996) is hereby incorporated into this policy manual by reference and made a part thereof.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 6/30/98.

Supporting documents: Operations Manual for Pinellas County Schools Campus Police Department (revised July 1, 1996).

7.32 WAREHOUSE OPERATIONS

The Superintendent shall establish, maintain and communicate standard procedures to govern the ongoing operations of the district’s warehousing department. To this end, the Warehouse Operations Manual for the Pinellas County School District (dated September 16, 1997) is hereby incorporated into this policy manual by reference and made a part thereof.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

History: New 6/30/98.

Supporting documents: Warehouse Operations Manual for Pinellas County Schools (dated September 16, 1997).

7.33 USE OF ELECTRONIC RESOURCES

The Pinellas County school district (“the district”) provides electronic resources (including, but not limited to, computers, networks, software, Internet access, and facsimile machines) to support the educational mission of the schools, to enhance the curriculum and learning opportunities for students and school staff and to conduct district business.

1. Property of the District; No Expectation of Privacy: The district retains control, custody and supervision of all electronic resources owned or leased by it. All messages created, sent, or retrieved through electronic resources are the property of the district. Any information generated, stored or sent through electronic resources is the same as any written document and may be subject to Florida’s public records act, Chapter 119, Florida Statutes. The district reserves the right to monitor all use of electronic resources by employees and other users. Employees have no expectation of privacy in their use of electronic resources.

2. Acceptable Uses: Employees are to use the district’s electronic resources for school-related purposes and performance of job duties consistent with the district’s strategic directions and goals. Users may access the network only through district-owned computers and access points. When using electronic resources, all users must adhere to the provisions of this policy, the district’s standards of conduct, and the Code of Ethics and Principles of Professional Conduct of the Education Profession in the State of Florida, Rules 6B-1.001 and 6B-1.006, F.A.C.

3. Incidental Personal Use: Incidental personal use of electronic resources is permitted as long as such use does not interfere with the employee’s job duties and performance, with system operations or other system users. “Incidental personal use” means use by an individual employee for occasional personal communications, in the same manner as an employee might reasonably use the district’s telephone for occasional personal calls. Such personal use must comply with this policy.

4. Unacceptable Uses: General rules and expectations for professional behavior and communication apply to use of the district’s electronic resources. Examples of unacceptable uses that are prohibited include, but are not limited to, the following:

a. Any use that is illegal or in violation of other district policies, including harassing, discriminatory or threatening communications and behavior. Harassing, defamatory, insulting, or profane language or pictures are not permitted. It is not permitted to transmit messages with derogatory or inflammatory remarks about a person’s race, color, sex, creed, religion, legal marital status, national origin, age, handicap, physical attributes or sexual orientation.

b. Any use involving materials, language or pictures that are obscene, pornographic, sexually explicit or sexually suggestive.

c. Any inappropriate communications with students or minors.

d. Any use for private commercial, advertising or business solicitation purposes.

e. Any use of electronic resources as a forum to solicit, advocate or communicate the personal, political or religious views of an individual or non-school-sponsored organization. However, the district may establish limited forums to solicit and communicate the personal views of employees or members of the public on specific topics. The Superintendent or designee shall determine the appropriate hour and duration that a forum will be available.

f. Any use to raise funds for any non-school-sponsored purpose, whether profit or not-for-profit, except as approved by the superintendent or designee.

g. Any use to convey a threat of violence.

h. Any use to disseminate false information that impacts the credibility of the district.

i. Any communication that represents personal, political or religious views as those of the district or that reasonably could be misinterpreted as such.

j. Opening or forwarding any e-mail attachments (executable files) from unknown sources or that may contain viruses. Employees should take all necessary precaution to prevent viruses from entering the district’s network.

k. Sending or forwarding mass e-mails or chain letters to district users or outside parties for district or non-district purposes without the permission of the principal or department administrator (“site administrator”).

l. Any use that disrupts a district activity, including but not limited to the district's electronic resources. Deliberate attempts to degrade or disrupt systems performance will be viewed as criminal activities under applicable state and federal law.

m. Any misuse or damage to the district’s electronic resources.

n. Misuse of computer passwords or accounts. Users may not use others’ passwords without their explicit permission and may not share passwords with others. Employees should change their passwords at least quarterly to protect the security of the network. Trespassing in others’ folders, documents, or files is unacceptable. The employee is responsible for his/her actions and activities involving district electronic resources, and for his/her computer files, passwords and accounts.

o. Any attempt to access unauthorized sites by bypassing the district’s Internet filtering system.

This policy provides general guidance and examples of prohibited uses for illustrative purposes, but does not attempt to state all required or prohibited activities by users. Employees or other users who have questions regarding whether a particular activity or use is acceptable should seek further guidance from the site administrator. If the site administrator is unsure of the answer, the site administrator should contact the office of Instructional Technology or MIS.

5. Supervision By Staff: Employees who have the responsibility to supervise students or staff shall provide that supervision during the use of electronic resources.

6. Confidential Information: Users may not share confidential information on students or employees with users who are not authorized to have such information. All users who have access to or may have access to personally identifiable student records shall adhere to all standards included in the Family Education Rights and Privacy Act (FERPA); Protection of Pupil Rights Amendment Act (PPRA); section 228.093 and 231.291, Florida Statutes; and other applicable laws and regulations, as they relate to the release of student and employee information.

7. Copyright Infringement: Policy 8.15, Reproduction of Copyrighted Material, will govern the use of material accessed through the district network. It is a violation of the copyright laws to load software onto a district computer without a license authorizing the use of that software on that computer. Employees shall take reasonable precautions to prevent the copying or the use of unauthorized copies of software on district equipment, and to avoid the use of single copies of software or CD-ROM products across a network with multiple users unless such use is permitted by the application license agreement.

8. Unauthorized charges: The district assumes no responsibility for any unauthorized charges made by employees, including, but not limited to, credit card charges, subscriptions, long distance telephone charges, equipment and line costs, or for any illegal use of its computers such as copyright violations.

9. No Warrantee: The district makes no warranties of any kind, either expressed or implied, for the service it is providing. The district will not be responsible for any damages suffered. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or errors or omissions including any and all viruses. Use of any information obtained via the Internet is at the user's own risk. The district specifically denies any responsibility for the accuracy or quality of information obtained through its services.

10. Penalties for Non-Compliance: Failure to comply with this policy may result in suspension or revocation of the user’s privilege of access, and may subject the user to civil liability or criminal charges. Employees may also be subject to disciplinary action up to and including termination as defined in Policy 8.25 DISCIPLINARY GUIDELINES FOR EMPLOYEES.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.41, 231.381, 231.39, 231.40, 231.481, F.S.

History: New: 7/30/02; Amended 4/13/04

7.34 ANTI-FRAUD

(1) Purpose: The purpose of this policy is to establish certain principles and expectations for the school district in order to prevent fraud, investigate and provide consequences for engaging in any manner of fraud and to heighten awareness of possible fraud. The district will not tolerate fraud or the concealment of fraud.

(2) Definition:

(a) Fraud includes, but is not limited to, knowingly misrepresenting the truth or concealment of a material fact in order to personally benefit or to induce another to act to his/her detriment.

(b) Actions constituting fraud include but are not limited to:

1. Falsifying, or unauthorized altering of district documents, including but not limited to:

a. Claims for payments or reimbursements – (including but not limited to submitting false claims for travel or overtime).

b. Absence(s) from the worksite documents including but not limited to, a Temporary Duty Elsewhere (TDE – PCS Form 3-650) or Employee Certificate of Absence Report (PCS Form 3-135) (such as reporting falsely a sick day instead of a personal day or not reporting an absence).

c. Files (both physical and electronic forms), photographic or audio records, or accounts belonging to the school district.

d. Checks, bank drafts, or any other financial documents.

e. Student records.

f. Maintenance records.

g. Fire, health and safety reports.

2. Accepting or offering a bribe, gifts or other favors under circumstances that indicate that the gift or favor was intended to influence an employee’s decision-making.

3. Disclosing to other persons the purchasing/bidding activities engaged in, or contemplated by the district in order to give any entity, person or business an unfair advantage in the bid process.

4. Causing the district to pay excessive prices or fees where justification is not documented.

5. Unauthorized destruction, theft, tampering or removal of records, furniture, fixtures or equipment. Approval by the principal or supervisor, with proper documentation, is required for the removal of district property or assets.

6. Using district equipment or work time for any outside private business activity.

(3) Responsibility:

(a) This policy applies to any fraud, suspected or observed, involving district staff members, outside support organizations, vendors, contractors, volunteers, outside agencies doing business with the School Board and any other persons or parties in a position to commit fraud on the School Board. Any investigation required shall be conducted without regard to the suspected wrongdoer's length of service, position/title, or relationship.

(b) Any perceived fraud that is detected or suspected by any staff member or other person shall be reported immediately to the Office of Professional Standards for guidance as to whether pursuit of an investigation is warranted. The obligation to report fraud includes instances where an employee knew or should have known that an incident of fraud occurred.

(c) Administrators and supervisors are responsible for:

1. Ascertaining that employees under their supervision receive district training regarding fraud (see paragraph (5) below).

2. Completing the district-designed self-assessment of risk of fraud for their school/department (see paragraph (6) below).

3. Being familiar with the types of fraud that could occur within their areas of responsibility.

4. Being alert for any indication of fraud.

(4) Consequences - policy 8.25 DISCIPLINARY GUIDELINES FOR EMPLOYEES provides consequences for this policy.

(5) Employee Education

(a) All employees will be required to sign a statement indicating that they have read and understand this policy.

(b) All new employees will be required to sign a statement indicating that they have read and understand this policy as part of the district orientation.

(6) Self-Assessment of Risk of Fraud

(a) Using the district designed format, each school/department shall perform a self-assessment of risk to identify areas where fraud may occur. Administrators and supervisors are responsible for identifying risks in their particular area of oversight and ensuring that internal controls are in place to address each of the identified risks.

(7) Confidentiality and Reporting: See policy 8.04 EMPLOYEE INVESTIGATIONS

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 1001.42, 1001.43 F.S.

History: New 9/23/03

7.35 WHISTLE-BLOWER

(1) Employees of the Board, employees of independent contractors and other persons who report certain violations of law or policy are protected from retaliation by the “Whistle-Blower’s Act” at sections 112.3187 – 112.3188, Florida Statutes.

(2) Actions Prohibited:

(a) Neither the Board nor any independent contractor with the Board shall dismiss, discipline, or take any other adverse personnel action against an employee for disclosing information pursuant to the provisions of this policy.

(b) Neither the Board nor any independent contractor with the Board shall take any adverse action that affects the rights or interests of a person in retaliation for the person's disclosure of information under this policy.

(c) The provisions of this policy shall not be applicable when an employee or person discloses information known by the employee or person to be false.

(3) Nature of information disclosed: The information disclosed under this policy must include:

(a) A violation or suspected violation of a law, policy, rule, or regulation committed by an employee or agent of the Board or independent contractor which violation creates and presents a substantial and specific danger to the public's health, safety, or welfare; or

(b) An act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of the Board or independent contractor.

(4) Employees and Persons Protected:

(a) This policy protects employees and persons who disclose information on their own initiative in a written and signed complaint; who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity; who refuse to participate in any adverse action prohibited by this policy; or who initiates a complaint through the whistle-blower's hotline or the hotline of the Medicaid Fraud Control Unit of the Department of Legal Affairs.

(b) No remedy or other protection under this policy applies to any person who has committed or intentionally participated in committing the violation or suspected violation for which protection under this policy is being sought.

(5) Remedies: Within 60 days after an alleged retaliatory action prohibited by this policy, any employee or other person who is protected by this policy may file a complaint with the Office of Professional Standards. Alleged violations of this policy will be investigated in accordance with Policy 8.04 EMPLOYEE INVESTIGATIONS. Within 180 days after the entry of a final decision by the Office of Professional Standards, the employee who filed the complaint may bring a civil action in any court of competent jurisdiction. Any other person protected by this policy may, after exhausting all available contractual or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action prohibited by this policy.

(6) Confidentiality:

(a) The name or identity of any individual who discloses in good faith to the Office of Professional Standards information as described in paragraph (3) above may not be disclosed to anyone other than the Office of Professional Standards, unless the written consent of the individual is obtained; the disclosure of the individual’s identity is necessary to prevent a substantial and specific danger to student or public health, safety or welfare or to prevent the imminent commission of a crime; or the disclosure is unavoidable and absolutely necessary during the course of the audit or investigation.

(b) All information described in paragraph (3) above that is received by the Office of Professional Standards, and information produced or derived from fact-finding and investigation, is confidential and exempt from section 119.07(1), Florida Statutes, if an investigation is active.

(c) Confidential Information may be disclosed by the Office of Professional Standards if disclosure of the information is absolutely necessary to prevent a substantial and specific danger to the public or student health, safety, or welfare or to prevent the imminent commission of a crime. Information may be disclosed only to persons who are in a position to prevent the danger to the public's health, safety, or welfare or to prevent the imminent commission of a crime based on the disclosed information.

(d) An investigation is active under this policy if:

1. It is an ongoing investigation or inquiry or collection of information and evidence and is continuing with a reasonable, good faith anticipation of resolution in the foreseeable future; or

2. All or a portion of the matters under investigation or inquiry are active criminal intelligence information or active criminal investigative information as defined in section 119.011, Florida Statutes.

(e) Notwithstanding paragraph (6)(d) above, an investigation ceases to be active when

1. it is determined that an investigation is not necessary; or

2. a final decision has been rendered by the Board or by the Division of Administrative Hearings.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Law Implemented: 112.3187-.3188 F.S.

History: New 9/23/03

7.36 SOFTWARE MANAGEMENT

(1) General Responsibilities. The district’s software shall be managed for the benefit of the district and its students and employees. All software is protected under United States copyright laws from the time of its creation. Unless otherwise provided in the software license, duplication of copyrighted software, except for backup and archival purposes, is a violation of United States law and this policy.

(a) An employee may not knowingly use, on district-owned computers, software for which the district lacks the appropriate license. For purpose of this policy, the site administrator accountable for the district-owned computer is the school administrator (principal or designee) or the district department administrator of the cost center where the equipment is located. An employee who becomes aware of the use or distribution of unauthorized software is expected to notify the site administrator or the district Auditing & Property Records department.

(b) An employee may not make an unauthorized loan, gift or transfer of any software that is licensed to the district.

(c) An employee may not use or distribute personally owned software on district-owned computers or networks. An employee may donate to the district a personally owned license for software, if such donation is not prohibited by the license. Proof of a donated license shall be maintained at the worksite. A donated license may be transferred to another worksite within the district.

(d) An employee may not download software, including “freeware”, “shareware” or commercial packages, without prior approval of the site administrator. Updates to existing software that do not require a new license may be downloaded as needed.

(e) Consequences for unauthorized use of software range from a reprimand for minor offenses, to reimbursement to the district of fines assessed, to termination of employment for repeated, willful offenses.

(2) Software Management Process

(a) The site administrator shall establish and maintain a record keeping system for software management and shall designate two employees at the worksite who will be responsible for the documentation and secure storage of purchase orders, software (including original CD-ROMs and diskettes) and all license agreements for software installed on district-owned computers at that worksite.

(b) As part of the district’s software management process, the Auditing & Property Records department shall conduct periodic, random reviews of the installed software on district-owned computers and networks. These reviews will determine the software installed on such systems and whether the district has the appropriate licenses.

(3) Software Procurement and Installation Procedures

(a) Employees shall submit all requests for new software and software upgrades to the site administrator.

(b) All acquisitions of hardware with bundled software shall be documented and identified to the site administrator, who will verify that the district has an appropriate license for the use of the bundled software.

(c) The site administrator shall designate in writing those employees at the site who are authorized to install software on district computers.

(d) An employee shall not install or distribute software for which the district lacks the appropriate license.

(e) Software that is licensed to the district may be transferred from one worksite to another, as long as the software is uninstalled at the old worksite and the media and proof of license are moved to the new worksite.

(f) Software licensed to the district may be installed on a personally-owned computer only if:

1. the software license permits installation and use on a second computer; and

2. the primary use of the software is on a district-owned computer, and the use on the personally-owned computer is secondary.

(4) This policy will be made available to employees via the Internet and posted at the worksite. The site administrator will train employees on how to comply with this policy. Orientation for new employees will include training on how to comply with this policy.

(5) This policy shall be effective upon adoption for all newly purchased or installed software. All software existing prior to the adoption of this policy must have documentation in compliance with this policy by June 30, 2006, or shall be removed. All disk versions (CD-ROM or diskettes) of obsolete or unlicensed software shall be sent to the district warehouse (surplus property) for destruction. Alternatively, the district may obtain the necessary license(s) for any software installed on district-owned computers, in order to retain the use of previously unlicensed software.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented:

History: New 4/13/04