Food Allergy Guidelines
The following guidelines are designed to reduce the risk of exposure to potentially life-threatening food allergens for our growing number of students with severe allergies. It is the district’s goal to provide a school setting that minimizes the risk of accidental exposure while maintaining a safe, positive educational environment for all students.

Impact on the School
Every school should expect at some point to have students with food allergies. Schools must be prepared to deal with food allergies and the potential for anaphylaxis.

The student with an undiagnosed food allergy may experience a first allergy reaction while at school.

When a physician assesses that a child’s food allergy will result in anaphylaxis, the child’s condition meets the definition of “disability” and is covered under the Federal Americans with Disability Act (ADA), Section 504 of the Rehabilitation Act of 1973, and may be covered under Individuals with Disabilities Education Act (IDEA) if the allergy management affects the student’s ability to make educational progress.

Adequate plans and staff, who are knowledgeable regarding preventive measures and are well prepared to handle severe allergic reactions, can save the life of a child.

Family Responsibility
It is the responsibility of the parent or guardian to:

1. Notify the school of a child’s allergies and provide updates as necessary.
2. Help establish a core team of, but not limited to, the child’s physician, school principal, school nurse, teacher, guidance counselor, and food service manager to develop and implement a plan that addresses the child’s needs, including the school transportation, classroom, cafeteria, assemblies, etc. A detailed food allergy action plan should also be included.
3. Provide written medical documentation, instructions, and prescribed medications, using the food allergy action plan as a guide. A photo of the child must also be included.
4. Provide the child with a medic-alert bracelet identifying the life-threatening allergy. The bracelet should be worn at all times while at school or school-sponsored events.
5. Replace expired and/or used medications as per the food allergy action plan.
6. Educate the child in the self-management of the food allergy, including: safe and unsafe foods, strategies for avoiding exposure to unsafe foods, symptoms of allergic reactions, hot to communicate an allergy-related problem, how to read food labels (age appropriate). The child should not accept food from other students.
7. Review guidelines/procedures with the core team members as soon as possible following a reaction.

Student Responsibility
It is the responsibility of the student to:

1. Take a proactive role in the care and management of his/her food allergies (age appropriate).
2. Not accept food items from or trade food items with other students.
3. Avoid food items with unknown ingredients or known allergens.
4. Immediately notify any teacher, administrator, assistant, or school nurse of possible exposure to food allergen.
5. Wear a medic-alert bracelet at all times.

School Personnel Responsibility
It is the responsibility of school personnel to:

1. Keep informed of and follow all applicable federal laws, including ADA, IDEA, Section 504, and FERPA, as well as all state laws and district policies/guidelines that may apply.
2. Include food-allergic students in school activities. Students shall not be excluded from school activities solely based on their food allergies unless those activities pose a legitimate threat to the health of the students.
3. Inform and update all families registered in the district about known allergens in order to minimize the risk of life-threatening exposure. Extracurricular groups using school facilities will also be notified, and shall be excluded from using any area designed as “allergen-free.”
4. Provide all families with a copy of food allergy guidelines as well as a listing of resources listing regarding food allergies, such as Food Allergy and Anaphylaxis Network (FAAN – See attached).
5. Identify a core team of, but not limited to, the child’s physician, school principal, school nurse, teacher, guidance counselor, and child nutrition manager to work with the parents and student (age appropriate) to establish a food allergy action plan specific to that child. Changes will be made as necessary with team participation.
6. Consult with local emergency management personnel to establish and/or update emergency protocols and drill procedures as needed.
7. Educate the staff who interact with students with food allergies, on a regular basis so they understand food allergy, can recognize symptoms, can take emergency action, and will work with other school staff to eliminate the use of food allergens in the lunch program, educational tools, arts and crafts projects, or incentives.
8. Identify school personnel who are properly trained to administer medications in accordance with state nursing and Good Samaritan laws governing the administration of emergency medications.
9. Coordinate with the school nurse to assure that medications are stored appropriately (easily accessible, secure location such as the main office) and that an emergency kit is readily available and contains a physician’s standing order for epinephrine.
10. Practice the food allergy action plan as a drill to assure the efficiency/effectives of the plan. Emergency protocols shall be updated as needed with team participation.
11. Review the food allergy action plan with core team members and physician as soon as possible following a reaction.
12. Work with bus companies to determine appropriate management of transportation needs.
13. Discuss planned field trips as a team to decide appropriate strategies for managing the child’s food allergy. Encourage parents of the child to participate as chaperones.
14. Take seriously teasing, threats or harassment against an allergic child.

Everyone’s Responsibility

1. Read information made available by the school regarding food allergies. Any questions regarding the food allergy guidelines should be directed to the school principal or school nurse.
2. Understand the seriousness of food allergies and consider how food choices may impact the lives of severely allergic students.
3. Promote understanding, acceptance, and compassion

Procurement Policy 2023

It is policy of the Poteau Board of Education to follow acceptable practices in the procurement of food supplies for this school district.  Acceptable practices are those set forth in federal law.  Oklahoma Statutes, and Department of Education regulations.

No employee, officer, or agent of this school district shall participate in the selection of or in the award or administration of a contact for food procurement if a conflict of interest, real or apparent, would be involved.

Conflict of interest arise when any of the following has a financial or other interest in the firm selected for the award:

The employee, officer, or agent;
Any member of his/her immediate family;
His/her partner;
An organization which employs or is about to employ any of the above.

Officers, employees, and agents of this school district shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub agreements.

Officers, employees, contractors, and agents are expected to be aware of the penalties established by the Anti-Kickback Act of 1974 as codified by Oklahoma Statues, Title 70, Section 3401 et seq.

The superintendent is directed to establish a regulation setting forth acceptable procurement procedures for this district.

FOOD PROCUREMENT
(REGULATION)

In accordance with the policy of the board of education, the following regulation shall govern the procurement of food for this school district.

The method of procurement used will be determined by the aggregate amount of goods, equipment, and services purchased.  “Aggregate” is defined as any purchase or group of purchases, e.g., milk and milk products, bread, canned and staple foods, fresh and frozen meats, etc., capable of being secured from a single source on a given date or during a purchase period.  The procurement methods that will be used by this school district to purchase the goods, equipment, and services required by the program are as follows:

1.  Small Purchase Procedureswill be used to purchase goods, equipment, and services where the aggregate cost is less than $10,000, and fresh produce regardless of aggregate amount.

When small purchases procedures are used, the following conditions, stipulations, and terms must be met:

A.  The goods, equipment, or services to be purchased must be adequately and consistently described for each prospective supplier so that each one can provide price quotes on the same merchandise or services;

B.  Written or verbal “requests for quotations” for the goods, equipment, or services to be purchased may be made;

C.  An adequate number of qualified sources must be contacted to provide such quotes.  NOTE:  The term “adequate number” is determined by local market conditions;

D.  Responses to “requests for quotations” can be in either written form or verbal with a written confirmation;

E.  Cost plus a percentage of cost method of purchasing is prohibited;

F.  Price quotation responses will be retained by this school district with other program documentation and records for a period of five years after the end of the fiscal year to which they pertain.

2.  Competitive Sealed Bids (Formal Advertising) will be used to purchase goods, equipment, and services where the aggregate cost is $10,000 or more, and when the selection of a successful supplier can appropriately be made principally on the basis of price.  NOTE; Breaking up purchases with the intent of circumventing formal advertising procedures is contrary to federal procurement regulations.  Any change in the district’s normal purchasing practices which results in the aggregate amount of purchases becoming less than $10,000 must be documented for review and audit purposes.

When competitive sealed bids are used, the following conditions, stipulations, and terms must be met:

A.  The invitation to bid will be publicly advertised;

B.  Bids will be solicited from an adequate number of known suppliers in sufficient time prior to the date set for the opening of the bids;

C.  The invitations for bid will clearly define the goods, equipment, or services needed in order for the bidders to be able to properly respond.  This includes product specifications and general purchasing conditions;

D.  All bids will be opened publicly at the time and place stated in the invitations for bid;

E.  A firm, fixed-price contract award will be made by written notice to the responsible bidder whose bid is lowest, assuming the bid conforms to the requirements in the invitation for bid.  NOTE: Section 730 of School Laws of Oklahoma states that school districts shall prefer in all purchases those supplies, materials, and provisions produced, manufactured, or grown in Oklahoma provided that such preference is not for articles on inferior quality to those offered from outside the state.  Section 730 further states that a differential of not more than five percent (5%) may be allowed in the cost of Oklahoma materials, supplies, and provisions of equal quality;

F.  Where specified in the bidding documents, factors such as discounts, transportation costs, and life cycle costs (for equipment), if applicable, will be considered in determining which bid is lowest;

G.  Payment discounts will only be used to determine the low bid when prior experience of the school district indicates that such discounts are generally taken;

H.  Any and all bids may be rejected when there are sound documented reasons that the best interest of the program will not be served by the potential suppliers;

I.  Cost plus a percentage of cost method of contracting is prohibited.

J.   All bids received must be documented and such documentation shall be maintained by this school district with other program records for five years after the end of the fiscal year to which they pertain.

3.  Competitive Negotiation can be used when competitive sealed bids are determined to be inappropriate, infeasible, or impossible.  This method of procurement is commonly used for the acquisition of professional services.  The document used to solicit bids is commonly referred to as a request for proposal.

When competitive negotiation is used, the following conditions, stipulations, and forms must be met:

A.  Proposals will be solicited from an adequate number (at a minimum, two)  of qualified sources to permit reasonable competition;

B.   The request for proposal will be publicized and reasonable requests by other sources to complete must be honored to the maximum extent possible;

C.  The request for proposal will identify all significant evaluation factors, including price or cost where required, and their relative importance;

D.  This school district will provide a mechanism: (1) for technical evaluation of the proposals received; (2) to determine which responsible bidders will be contacted for further written and verbal discussions; and (3) for selection of contract award;

E.  The contract will be awarded to the responsible bidder whose proposal is most advantageous to the school district when price or other factors are considered;

F.  Cost plus a percentage of cost method of contracting is prohibited;

G.  All requests for proposals received must be documented and such documentation shall be retained by the school district with other records for five years after the end of the fiscal year to which they pertain.

4.  Non-competitive Negotiation is procurement through solicitation of a proposal from only one source and can only be used when the procurement is not feasible under small purchase procedures, competitive sealed bids (formal advertising), or competitive negotiation.  The decision to use non-competitive negotiation must be justified in writing and be available for audit and review.  As with the methods of procurement, such documentation must be maintained with other program records for five years after the end of the fiscal year to which they pertain.

Circumstances under which procurement may be made noncompetitive negotiations are limited to the following:

A.  The merchandise or service is available only from a single source;

B.  A public emergency exists and the urgency for the requirement will not permit the delay involved with competitive sealed bids (formal advertising) or competitive negotiation;

C.  After solicitation from a number of sources, competition is found to be lacking.

1. Cost plus a percentage of cost method of contracting is prohibited.

Revised: 3-7-11