File: IJOA-R-2/JJH-R - STUDENT TRAVEL REGULATIONS INCLUDING OVERNIGHT AND OUT-OF-STATE TRAVEL File: IJOA-R-2/JJH-R - STUDENT TRAVEL REGULATIONS INCLUDING OVERNIGHT AND OUT-OF-STATE TRAVEL1. TRANSPORTATION
District use of private vans or automobiles for trips planned to include late night (after 8 p.m.) or overnight student travel is prohibited. Late night or overnight trips shall use commercial motor coaches. Trips planned to include late night or overnight student travel shall include a pre-trip check of companies, drivers, and vehicles.
Criminal Offender Record Information (CORI) checks will be conducted in accordance with Massachusetts General Laws Chapter 71, Section 38R for all employees and chaperones who participate in the trip. Trip organizers must use the "Certification of CORI Reviews by Independent Contractors" presented in Policy IICA-R-3. Firms that perform CORI checks on their own employees must sign a waiver verifying that CORI checks have been performed on their employees and contractors participating in the trip.The Superintendent or their designee will ensure that the selected carrier is licensed for passenger transportation by the Federal Motor Carrier Safety Administration (FMCAS). The district will not contract with any carrier that has a safety rating of "conditional" or "unsatisfactory." FMCAS ratings are available at http://www.safersys.org/.
The contract with the carrier will prohibit the use of subcontractors unless sufficient notice is given to the district that allows verification of the subcontractor's qualifications.
Each carrier shall demonstrate that it is covered by policies of insurance naming the District as an additional insured party thereunder, which policies shall be acceptable to the Superintendent and which shall, at a minimum, include: (1) a general liability insurance policy with limits of at least $1,000,000.00 for each occurrence and at least $2,000,000.00 in the aggregate; (2) an excess/umbrella liability policy on an occurrence basis "following form" of the primary coverage with a limit of liability of at least $5,000,000.00 for bodily injury, property damage, personal injury, premises/operations liability and contractual liability; and (3) a policy of automobile bodily injury and property damage liability insurance (if commercially available) with limits of at least $1,000,000.00 for each occurrence and at least $2,000,000.00 in the aggregate.
All matters related to the safety of transportation companies, drivers, and vehicles are referred to the Safety Officer of the Police Department and the Director of School Transportation. They will work jointly to develop procedures to review safety and legal compliance issues related to any independent transportation service providers.
2. TRIP SCHEDULING
Overnight accommodations should be made in advance with student safety and security in mind. Whenever possible, trip schedulers should avoid planning student travel between the hours of midnight and 6:00 a.m. due to the increased risk of vehicular accidents during this time period.
Whenever possible, overnight trips should be scheduled on weekends or during school vacations to minimize lost classroom time. Non-academic field trips are considered "optional school programs" and do not count toward meeting structured learning time requirements. (Refer to the Massachusetts Department of Elementary and Secondary Education publication Student Learning Time Regulations Guide.)
Trip itineraries must provide enough time for drivers to rest in conformity with the federal hour-of service requirements and common sense. Trip scheduling should take into account the likelihood of delays due to weather, traffic, stragglers, and other unanticipated factors.
If substantially all members of a class are participating in a trip, the school should provide appropriate substitute activities for any students not participating.
3. FUNDRAISING
Group fundraising activities are preferred. Students, should not be assigned individual fundraising targets. If students are charged individual fees for participation, every effort should be made to provide scholarships where needed. The amount of time to be devoted to fundraising should be reasonable and commensurate with students' obligations for homework, after-school activities, and jobs.
4. ETHICS LAW COMPLIANCE
In performing any acts covered under this Policy, all District employees shall comply with the provisions of any law imposing ethics requirements on public employees and officials including M.G.L. ch.268A and 930 CMR 1.00 - 5.00. For example, among other requirements, teachers may not accept gifts or gratuities which have an aggregate value in excess of $50 per calendar year in connection with any student trips. However, subject to the requirements set forth in 930 CMR 5.08(2), District employees participating in class field trips as chaperones and the like may accept travel expenses from third parties provided that they first submit a disclosure form giving details of the anticipated travel, and the Superintendent concludes, in writing and in advance, that the proposed travel will serve a legitimate educational purpose. The required disclosure form is the Appointed employee reimbursement of travel expenses disclosure.
5. CHAPERONES
Chaperones will be required to receive an orientation with shall include itinerary, student management strategies, medical information, emergency care provisions in the location of travel, communication systems, security measures, and educational objectives; and the content and length of the orientation shall be approved by the Superintendent or their designee.
The training will be coordinated by the trip organizer, who shall, in advance of the trip for which the orientation is provided, provide the Superintendent with a written certification verifying that the orientation has been provided for each chaperone, and that chaperones have received appropriate contact information, insurance information, medical information, and copies of telephone numbers of key individuals including the building principal and Superintendent.
6. PARENT AND GUARDIAN DISCLAIMER
No student may attend or participate in a student trip under this Policy unless such student's parent or legal guardian has signed and provided to the District a permission form which shall include appropriate authorization for emergency medical care and administration of medication, as well as a legal disclaimer specifically agreeing and acknowledging that, among other things, the District has no insurance policies which provide coverage on the students or chaperones, or the personal property possessed or owned by either, and shall be free from liability for any damage to property or persons arising from any such student trip, including in tort. The permission form to be signed and submitted hereunder shall be memorialized in a form approved by the Superintendent.
7. PROCUREMENT
The procurement of all vendors for the trip must be done in accordance with M.G.L. Chapter 30B.
8. PRINCIPAL'S APPROVAL
The Principal is responsible for ensuring that any overnight and out-of-state field trip is in compliance with Items 1 through 8 of district Policy IJOA (Field Trips.)
LEGAL REFS.: M.G.L. 71:37N A, M.G.L. ch.268A, 930 CMR 1.00 - 5.00
School Committee first reading approval: March 12, 2019
School Committee second reading approval: March 20, 2019