1. Purpose
The Legacy Haven Academy Foundation (the "Academy") is dedicated to operational excellence, child safety, and regulatory adherence in supporting vulnerable youth, including orphans and homeless students aged 10-18. This policy delineates mandatory compliance tasks across frequencies to align with Internal Revenue Service (IRS) preparatory requirements for 501(c)(3) status, Arizona state regulations under the Arizona Revised Statutes (ARS) and Arizona Administrative Code (AAC), and Mohave County standards. Tasks encompass registrations, inspections, audits, renewals, and reviews, fostering transparency and risk mitigation in line with the Academy's trauma-informed approach (Arizona Department of Child Safety, 2023). As the Academy has not yet attained 501(c)(3) status, this policy aids foundational compliance for tax-exempt eligibility.
2. Scope
This policy governs all Academy personnel, including staff (e.g., residential managers, facilities), faculty (e.g., instructors), and the Board of Education. It addresses periodic tasks from regulatory mandates and internal policies. Ad-hoc tasks (e.g., immediate incident responses) are covered in policies like LHA-DOT-001 (Emergency Response) and LHA-SEC-002 (Child Protection).
3. Definitions
- Task: Any scheduled action for compliance, including inspections, renewals, audits, or reviews.
- Inspection: Formal evaluation by internal or external authorities (e.g., DCS unannounced visits).
- Direct Care Staff: Employees with unsupervised student interaction, per AAC R6-5-7401.
- Fiscal Year: July 1–June 30, synchronized with Arizona cycles.
4. Regulatory Compliance Framework
Tasks derive from:
- IRS Guidelines: Pre-501(c)(3) preparations include bylaws adoption, policy reviews, and Form 1023 documentation; ongoing tasks like annual governance audits support exemption (Internal Revenue Service, 2024a; Internal Revenue Service, 2024b).
- Arizona State Regulations: AAC R6-5, Article 74 mandates licensing renewals, quarterly unannounced inspections, and background checks for child welfare agencies; ADE requires annual private school reports; ADHS oversees sanitation and fire drills in group homes (Arizona Administrative Code, 2024; Arizona Department of Education, 2024; Arizona Department of Health Services, n.d.).
- Mohave County Standards: Building Division requires residential inspections within 6 months; Environmental Health conducts food/sanitation checks; fire safety aligns with state marshal oversight (Mohave County, 2024a; Mohave County, 2024b).
- Federal Overlaps: OSHA mandates contingency testing; FERPA requires annual privacy assessments (Occupational Safety and Health Administration, 2024; U.S. Department of Education, n.d.).
5. Required Tasks
Tasks are frequency-based, with assignees, methods, and retention specified. Documentation occurs electronically, per LHA-ADM-005.
5.1 Daily Tasks (System Maintenance and Safety)
- System Component Inventory Updates: Track IT assets for cybersecurity (National Institute of Standards and Technology, 2023; LHA-DIA-002).Assignee: IT Staff; Method: Automated log; Retention: 3 years.
- System Backups: Full data replication for recovery (National Institute of Standards and Technology, 2023; LHA-DIA-002).Assignee: IT Staff; Method: Scheduled script; Retention: 1 year.
- Alternate Storage Site Synchronization: Mirror offsite data (National Institute of Standards and Technology, 2023; LHA-DIA-002).Assignee: IT Staff; Method: Automated sync; Retention: 1 year.
5.2 Weekly Tasks (Monitoring)
- None explicitly mandated beyond integrated audits (e.g., weekly cybersecurity log reviews per NIST; National Institute of Standards and Technology, 2023).
5.3 Monthly Tasks (Health and Operational)
- Pest Control Treatments: For residential facilities (Arizona Department of Health Services, n.d.; LHA-LOG-001).Assignee: Facilities Manager; Method: Licensed vendor; Retention: 5 years.
- Sanitation Inspections: Self-audit for group homes, aligning with Mohave Environmental Health (Mohave County, 2024b; Arizona Department of Health Services, n.d.).Assignee: Facilities Staff; Method: Checklist; Retention: 3 years.
5.4 Quarterly Tasks (Inspections and Testing)
- Unannounced Facility Inspections: DCS-mandated for licensing compliance (AAC R6-5-7418; Arizona Department of Child Safety, 2020; LHA-AOP-001).Assignee: Compliance Officer; Method: On-site review; Retention: 5 years.
- Baseline Configuration Updates: IT system hardening (National Institute of Standards and Technology, 2023; LHA-DIA-002).Assignee: IT Staff; Method: Patch management; Retention: 3 years.
- Contingency Plan Testing: Simulate disruptions (Occupational Safety and Health Administration, 2024; LHA-DIA-002).Assignee: IT/Compliance; Method: Tabletop exercise; Retention: 3 years.
- Internal System Connections Audits: Network vulnerability scans (National Institute of Standards and Technology, 2023; LHA-DIA-002).Assignee: IT Staff; Method: Automated tool; Retention: 3 years.
- Fire Drills: Evacuation practice for residential safety (Arizona Department of Health Services, n.d.; LHA-LOG-001).Assignee: Safety Officer; Method: Documented drill; Retention: 5 years.
- Cybersecurity Literacy Awareness: 2-hour sessions (National Institute of Standards and Technology, 2023; LHA-SEC-001).Assignee: HR/IT; Method: E-learning; Retention: 3 years.
- Board Meeting Agenda Posting: 72-hour public notice (LHA-BOE-001).Assignee: Board Secretary; Method: Website posting; Retention: 3 years.
- Building Inspections: Mohave County residential checks (e.g., gas/structural; Mohave County, 2024a).Assignee: Facilities Manager; Method: Scheduled call-in; Retention: 5 years.
5.5 Semi-Annual Tasks (Assessments and Rebalancing)
- Control Assessments: Cybersecurity efficacy review (National Institute of Standards and Technology, 2023; LHA-DIA-002).Assignee: IT Staff; Method: Risk analysis; Retention: 3 years.
- Mohave County Health Inspections: Sanitation and environmental for group homes (Mohave County, 2024b).Assignee: Facilities Manager; Method: On-site; Retention: 5 years.
- Investment Portfolio Rebalancing: If deviations >5% (LHA-BOE-002).Assignee: Investment Committee; Method: Financial review; Retention: 7 years.
- Role-Based Cybersecurity Training: 2-hour targeted sessions (National Institute of Standards and Technology, 2023; LHA-SEC-001).Assignee: HR/IT; Method: Specialized modules; Retention: 3 years.
5.6 Annual Tasks (Renewals and Audits)
- Policy Reviews: All governance documents (e.g., conflicts, privacy; Internal Revenue Service, 2024a; LHA-ADM series).Assignee: Board of Education; Method: Committee revision; Retention: 5 years.
- DCS Licensing Renewal: $200 fee, Form 101-1 submission (AAC R6-5-7401; Arizona Department of Child Safety, 2023; LHA-LOG-001).Assignee: Compliance Officer; Method: Online portal; Retention: Permanent.
- Fire Safety Inspections: Mohave County/State Fire Marshal (Mohave County, 2024a; Arizona Department of Forestry and Fire Management, 2024).Assignee: Safety Officer; Method: Certified inspector; Retention: 5 years.
- FERPA Privacy Assessments: Annual notices and opt-outs (U.S. Department of Education, n.d.; LHA-DIA-001).Assignee: Compliance Officer; Method: Distribution/log; Retention: 3 years.
- Background Checks/Central Registry Reviews: For direct care staff (every 2 years; AAC R6-5-7438; LHA-AOP-001).Assignee: HR; Method: Fingerprinting; Retention: 5 years.
- Physical Exams: For staff (every 2 years; LHA-LOG-001).Assignee: HR; Method: Medical certification; Retention: 3 years.
- ADE Annual Private School Report: Enrollment/finances by January 15 (ARS §15-211; Arizona Department of Education, 2024).Assignee: Academic Director; Method: Submission to Superintendent; Retention: 5 years.
- Financial Audit Preparation: Internal/external based on revenue (Internal Revenue Service, 2024b; LHA-LOG-002).Assignee: Finance Committee; Method: Independent review; Retention: 7 years.
- Penetration Testing: IT security (National Institute of Standards and Technology, 2023; LHA-DIA-002).Assignee: IT Vendor; Method: External scan; Retention: 3 years.
- Volunteer Background Checks: (LHA-SEC-002).Assignee: HR; Method: Registry query; Retention: 5 years.
5.7 Other Tasks (Non-Standard Frequencies)
- Form 1023 IRS Application: Pre-501(c)(3) filing (one-time, but annual governance checks; Internal Revenue Service, 2024a).Assignee: Legal Counsel; Method: Comprehensive submission; Retention: Permanent.
- External Compensation Review: Every 3 years (LHA-ADM-006).Assignee: Finance Committee; Method: Consultant analysis; Retention: 7 years.
- Biennial Policy Reviews: Per ARS changes (e.g., child welfare; Arizona Department of Child Safety, 2020).Assignee: Board; Method: Legal update; Retention: 5 years.
- 5-Year Central Registry Checks: For licensing (AAC R6-5-7401).Assignee: Compliance Officer; Method: DCS query; Retention: 5 years.
6. Procedures
- Scheduling and Execution: Compliance Officer issues reminders 30 days prior; tasks logged in centralized system.
- Documentation: Records submitted to HR/Compliance; audits ensure 100% completion.
- Monitoring: Board annual review; non-compliance triggers corrective plans (AAC R6-5-7418).
- Updates: Reviewed annually or upon regulatory shifts (e.g., AAC amendments).
- Resources: Academy funds tasks; vendors prioritized for inspections.
7. Responsibilities
- Board of Education: Oversee annual/biennial tasks (LHA-BOE-001).
- Compliance Officer: Coordinate and audit all tasks.
- Department Heads: Execute frequency-specific duties.
- All Personnel: Participate in assigned tasks (e.g., drills).
Appendix A: References
Arizona Department of Child Safety. (2020). DCS 15-13 Qualified Residential Treatment Program Certification. https://extranet.azdcs.gov/DCSPolicy/Content/Adminstrative%20Policy/DCS%2015/DCS%2015-13%20Qualified%20Residential%20Treatment%20Program%20Certification.pdf
Arizona Department of Child Safety. (2023). Mandated Reporter Overview Training. https://dcs.az.gov/report-child-abuse/mandated-reporter-overview-training
Arizona Department of Education. (2024). Private Schools. https://www.azed.gov/private-schools
Arizona Department of Forestry and Fire Management. (2024). Office of the State Fire Marshal. https://dffm.az.gov/fire-marshals-office
Arizona Department of Health Services. (n.d.). Bureau of Child Care Licensing: Child Care Group Home Rules. https://www.azdhs.gov/documents/licensing/childcare-facilities/rules/bccl-child-care-group-home-rules.pdf
Arizona Administrative Code. (2024). Title 6, Chapter 5, Article 74: Licensing Process and Licensing Requirements for Child Welfare Agencies. https://regulations.justia.com/states/arizona/title-6/chapter-5/article-74/
Internal Revenue Service. (2024a). Applying for Tax-Exempt Status. https://www.irs.gov/charities-non-profits/applying-for-tax-exempt-status
Internal Revenue Service. (2024b). Exemption Requirements - 501(c)(3) Organizations. https://www.irs.gov/charities-non-profits/charitable-organizations/exemption-requirements-501c3-organizations
Mohave County. (2024a). Building Division: Residential. https://www.mohave.gov/departments/development-services/building-division/residential/
Mohave County. (2024b). Environmental Health. https://www.mohave.gov/departments/public-health/environmental-health/
National Institute of Standards and Technology. (2023). SP 800-53: Security and Privacy Controls for Information Systems and Organizations. https://csrc.nist.gov/pubs/sp/800/53/r5/upd1/final
Occupational Safety and Health Administration. (2024). Training Requirements in OSHA Standards. https://www.osha.gov/sites/default/files/publications/osha2254.pdf
U.S. Department of Education. (n.d.). Protecting Student Privacy: FERPA Guidance. https://studentprivacy.ed.gov/guidance