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Blind students with white canes waiting to cross Congress Avenue, a busy six lane road.

GROUP INSURANCE BENEFITS

For purposes of group insurance benefits, including COBRA (Consolidated Omnibus Budget Reconciliation Act) coverage, and HIPAA provisions (Health Insurance Portability and Accountability Act, the Texas School for the Blind and Visually Impaired is an agency of the State of Texas and, as such, participates in the State's Group Benefits Program which is administered by the Texas Employees Retirement System. All rules, regulations, and procedures of that program shall be observed.

CONTINUATION DURING MILITARY LEAVE

An employee who is absent from a position of employment by reason of service in the uniformed services may elect to continue coverage under a health plan. The maximum period of coverage of such a person and the person's dependents shall be the lesser of:

  1. The 24-month period beginning on the date on which the person's absence begins; or
  2. The day after the date on which the person fails to apply for or return to a position of employment. [See DEC]

38 U.S.C. 4317

CONTINUATION DURING FAMILY AND MEDICAL LEAVE ACT

During any period of leave under the Family and Medical Leave Act (FMLA), the School shall allow the employee to maintain coverage under the State's Group Benefits Program for the duration of the leave, at the level, and under the conditions, coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The School may recover any premiums it paid for maintaining coverage during a period of unpaid FMLA leave if the employee fails to return from leave after the FMLA leave, has expired and the failure to return is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to FMLA leave, or other circumstances beyond the employee's control.

29 U.S.C. 2614(c); 29 CFR 825.209, 825.210, 825.213 [See also DEC]

PREMIUM CONVERSION

Employees shall participate in the State's premium conversion program which enables employees' insurance premiums to be paid with pre-tax dollars.

CAFETERIA PLAN

Employees may participate in the State's cafeteria plan (TexFlex) which includes the option of paying eligible health care expenses, and eligible dependent care expenses with pre-tax, rather than after-tax, dollars.

Adopted:          3/7/80
Amended:        5/28/92, 11/17/95, 1/24/97, 11/6/98, 11/19/99, 11/21/03, 11/18/05, 4/3/09
Reviewed:        11/22/02, 1/26/07

The Superintendent shall ensure that the School maintains a standard state governmental financial accounting system that conforms with generally accepted accounting principles. The uniform system for budgeting, accounting, and financial reporting shall reflect full implementation of modified and full accrual accounting, as appropriate. This system shall meet the minimum reporting standards prescribed by the Comptroller of Public Accounts.

Government Code 2101.011(b)

Adopted: 11/7/80

Amended: 5/27/93, 3/25/94, 11/15/96, 9/26/97, 1/24/02. 3/21/03

Reviewed:

A district that maintains an Internet Web site shall post the following:

  1. The Annual Improvement Plan describing the educational performance of the School. The report shall include the School's performance objectives, progress toward these objectives, and any supplemental information as determined by the School's Governing Board.
  2. Statements regarding activities to support student health, under Education Code 28.004.  [See BDF
  3. Notices of a board meeting and agendas.
  4. A report of its energy usage information on a publicly accessible Internet Web site with an interface designed for ease of navigation, if available, under Government Code 2265.001.  [See CL]
  5. Board employment policies, including those under Education Code 21.204(d).  [See DCB]
  6. Information about required and recommended immunizations and procedures for claiming an exemption from immunization requirements, under Education Code 38.019.  [See FFAB]
  7. The procedure for reporting bullying established by the district’s bullying policy, under Education Code 37.0832(c).  [See FFI

A district that maintains an Internet Web site may post the following:

  1. A board may broadcast an open meeting over the Internet, under Government Code 551.128.  [See BE]
  2. Notice of a vacant position for which a certificate or license is required may be provided by posting the position on the district’s Internet Web site, rather than on a bulletin board, under Education Code 11.1513.  [See DC]
  3. Annual notice to the parent of each student enrolled in grade 9 or above of the availability of programs under which a student may earn college credit, under Education Code 28.010.  [See EHDD]

Adopted:         9/20/13
Amended:
Reviewed:

PolicyTitleUpdate
Index   08/26/94, 09/29/95, 11/17/95, 3/22/96, 5/24/96, 9/27/96, 11/15/96, 1/24/97, 5/23/97, 9/26/97, 11/14/97, 1/23/98, 3/31/98, 5/21/98, 11/6/98, 3/30/99, 11/19/99, 1/24/02, 3/26/02, 11/22/02, 1/31/03, 3/21/03, 5/28/03, 11/21/03, 1/30/04, 3/26/04, 11/19/04, 1/26/05 (SH) , 2/1/05, 4/1/05, 5/25/05, 11/18/05, 1/27/06 3/24/06, 7/28/06, 9/22/06, 1/17/06, 1/26/07, 3/23/07, 5/23/07, 7/23/07, 9/28/07, 11/16/07, 1/25/08, 3/28/08, 6/4/08, 9/26/08, 11/21/08, 1/23/09, 4/3/09, 9/25/09, 11/20/09, 1/22/10, 4/9/10, 6/2/10, 11/19/10, 1/28/11, 11/9/12, 1/25/13, 11/8/13, 9/20/13, 1/31/14, 6/4/14, 11/21/14, 4/10/15, 6/3/15, 8/7/15,11/20/15, 1/29/2016, 6/3/2016, 9/20/2016, 11/18/16
CBA STATE AND FEDERAL REVENUE SOURCES: STATE Amended 8/7/15
CBB STATE AND FEDERAL REVENUE SOURCES: FEDERAL Amended 11/18/16
CDA ETHICS: CONFLICT OF INTEREST OTHER REVENUES: INVESTMENTS Amended 11/18/16
CDB OTHER REVENUES: SALE, EXCHANGE, OR LEASE OF SCHOOL-OWNED PROPERTY Reviewed: 6/3/15
CDC OTHER REVENUES: GRANTS FROM PRIVATE SOURCES Amended 8/7/15
CDCA OTHER REVENUES: GIFTS AND DONATIONS: LEGACY FUND Amended: 4/10/15
CE ANNUAL OPERATING BUDGET Amended: 11/16/07
CF ACCOUNTING Deleted 6/3/15
CFA ACCOUNTING: FINANCIAL REPORTS AND STATEMENTS Amended 6/3/15
CFB ACCOUNTING INVENTORIES Amended 8/7/15
CFC ACCOUNTING: AUDITS Amended: 11/19/04
CFCA INTERNAL AUDIT CHARTER Amended 9/30/2016
CFDA ACCOUNTING: SCHOOL ACTIVITY FUND MANAGEMENT Reviewed 1/29/16
CFDB Accounting: Student Trust Fund Reviewed 1/29/16
CFE ACCOUNTING: PAYROLL PROCEDURES Reviewed 1/29/16
CFEA PAYROLL PROCEDURES: SALARY DEDUCTIONS Amended 1/29/16
CFG ACCOUNTING: CASH RECEIVED FOR SCHOOL PURPOSES Reviewed 1/29/16
CG BONDED EMPLOYEES AND OFFICERS Reviewed 1/29/16
CH PURCHASING AND ACQUISITION Reviewed 6/3/15
CHB PURCHASING AND ACQUISITION: PETTY CASH ACCOUNT Amended: 3/21/03
CHC PURCHASING Amended: 8/7/15
CHF PURCHASING AND ACQUISITION: PAYMENT PROCEDURES Amended 1/29/16
CK SAFETY PROGRAM Reviewed: 3/21/03
CKA SAFETY PROGRAM: INSPECTIONS Amended 3/26/04
CKB SAFETY PROGRAM/RISK MANAGEMENT: ACCIDENT PREVENTION AND REPORTS Reviewed: 3/21/03
CKC SAFETY PROGRAM/RISK MANAGEMENT: EMERGENCY PLANS Amended: 6/4/14
CKD SAFETY PROGRAM: FIRE PREVENTION Amended: 3/21/03
CKF RISK MANAGEMENT Amended: 3/26/04
CKFB RISK MANAGEMENT: RETURN TO WORK PROGRAM Reviewed: 1/31/03
CL BUILDING, GROUNDS AND EQUIPMENT MANAGEMENT Amended: 1/25/08
CLA BUILDINGS, GROUNDS AND EQUIPMENT MANAGEMENT: SECURITY Amended: 11/19/10
CLB BUILDING, GROUNDS AND EQUIPMENT MANAGEMENT: MAINTENANCE Amended: 11/20/09
CLC BUILDING, GROUNDS AND EQUIPMENT MANAGEMENT: TRAFFIC AND PARKING CONTROLS Amended: 8/7/15
CLD BUILDING, GROUNDS AND EQUIPMENT MANAGEMENT: NAMES OF TSBVI BUILDINGS Amended: 3/21/03
CLE BUILDING, GROUNDS AND EQUIPMENT MANAGEMENT: FLAG DISPLAYS Reviewed 6/3/2016
CMD EQUIPMENT AND SUPPLIES MANAGEMENT: INSTRUCTIONAL MATERIALS CARE AND ACCOUNTING Amended: 11/16/07
CNA TRANSPORTATION MANAGEMENT: STUDENT TRANSPORTATION Amended: 4/9/10
CNB TRANSPORTATION MANAGEMENT: SCHOOL-OWNED VEHICLES Amended: 4/9/10
CNC TRANSPORTATION MANAGEMENT: TRANSPORTATION SAFETY Adopted: 4/9/10
CO FOOD SERVICES MANAGEMENT Amended: 6/4/08
COA FOOD SERVICES MANAGEMENT: FOOD PURCHASING Reviewed: 3/28/08
COD CANTEEN OPERATION AND CONTROL Amended: 1/28/11
CPAB OFFICE COMMUNICATIONS: MAIL AND DELIVERY Adopted 5/25/05
CPC OFFICE MANAGEMENT: RECORDS MANAGEMENT PROGRAM Amended: 11/10/15
CQ Technology Resources Amended 1/25/13
CQA TECHNOLOGY RESOURCES: TSBVI AND CLASSSROOM WEBSITES Adopted 9/20/13
CRB BOARD MEMBER AND EXECUTIVE MANAGEMENT STAFF LIABILITY INSURANCE Amended: 11/20/09
CRD INSURANCE AND ANNUITIES MANAGEMENT: HEALTH AND LIFE INSURANCE Amended: 4/3/09
CRE INSURANCE AND ANNUITIES MANAGEMENT: WORKERS' COMPENSATION COVERAGE Amended: 11/18/05
CRF INSURANCE AND ANNUITIES MANAGEMENT: UNEMPLOYMENT INSURANCE Amended: 11/19/04
CRG INSURANCE AND ANNUITIES MANAGEMENT: DEFERRED COMPENSATION AND ANNUITIES Reviewed: 11/21/03
CS FACILITY STANDARDS Reviewed: 4/3/09
CV FACILITIES CONSTRUCTION Reviewed 1/29/16

OPERATION OF VEHICLES

The Superintendent may adopt rules concerning the operation and parking of vehicles on school grounds.

Education Code 37.102(a)

PARKING CONTROL

All laws regulating traffic on highways and streets apply to the operation of vehicles within school property. Furthermore, no persons shall be allowed to park a vehicle on any school property, except in the manner provided by the Superintendent, and in the spaces which have been designated and marked; nor shall any person be allowed to block, or impede, traffic through any driveway of such property.

Education Code 37.102(b)

VEHICLE ACCESS

The Superintendent or his designee may restrict access to the campus as deemed necessary for security or safety purposes.

VEHICLE IDENTIFICATION INSIGNIA

The Superintendent may provide for the issuance and use of suitable vehicle registration and identification insignia. The Superintendent may suspend the permit or bar any vehicle from driving or parking on any school property for the violation of any rule or regulation promulgated by the Superintendent. Reinstatement of the privilege may be permitted and a reasonable fee assessed.

Education Code 37.106

UNAUTHORIZED VEHICLES

At the Superintendent’s or his designee’s discretion, unauthorized vehicles or vehicles parked in no parking zones or emergency vehicle zones may be towed at the owner’s expense.

Adopted:         3/12/82

Amended:       1/14/83, 9/27/96, 1/31/03, 11/19/10, 8/7/15

Reviewed:       11/19/93, 1/24/02

 

GENERAL PURCHASING AUTHORITY

TSBVI, as an agency of the State of the Texas, is required to follow all purchasing rules and regulations of the Texas Procurement and Support Services Division (TPASS) for the purchase of all supplies, materials, services, and equipment.

ETHICAL STANDARDS

When acting under authority delegated from the TPASS, TSBVI employees must comply with the following ethical standards of conduct:

A TSBVI employee may not:

  1. participate in work on a TSBVI contract knowing that the employee, or member of their immediate family has an actual or potential financial interest in the contract, including prospective employment;
  2. solicit or accept anything of value from an actual or potential vendor;
  3. be employed by, or agree to work for, a vendor or potential vendor;
  4. knowingly disclose confidential information for personal gain.

For purposes of 1 through 4, above:

  1. "Participated" means to have taken action as an employee through decision, approval, disapproval, recommendation, giving advice, investigation, or similar action.
  2. "Particular matter" means a specific investigation, application, request for a ruling or determination, rulemaking proceeding, contract, claim, charge, or other proceeding.

A vendor or potential vendor may not offer, give, or agree to give an employee anything of value.

When an actual or potential violation of numbers 1 through 4, above, is discovered, the person involved shall promptly file a written statement concerning the matter with an appropriate supervisor. The person may also request written instructions and disposition of the matter.

If an actual violation of numbers 1 through 4, above, of this section occurs or is not disclosed and remedied, the employee involved may be either reprimanded, suspended, or dismissed. The vendor or potential vendor may have a pending bid or proposal rejected, be barred from receiving future contracts and/or have an existing contract canceled.

1 TAC 111.4

REQUISITIONS

The accounting, purchasing and supply office is responsible for the establishment of proper controls to ensure that all requisitions for purchases of the School are properly authorized.

COMPETITIVE BIDDING

Whenever possible, purchases are to be based on competitive bids. Negotiation of purchases are permitted for:

  1. emergency purchases: when there is insufficient time to solicit bids;
  2. proprietary purchases for which there is only one source of supply;
  3. purchases by means of competitive sealed proposals (This procedure is similar to the open market procurement process: however, instead of sealed competitive bids, a negotiation phase is included and a best and final offer is permitted.); and
  4. proposed purchases in circumstances where competitive specifications have been advertised but the School has received only one acceptable bid, or no acceptable bids; provided, however, such negotiation may not result in a material change to the advertised specifications.

Texas Gov't Code 2155.063; 1 TAC 113.1

BID AWARDS

When making a purchase, the School shall award a contract to the bidder offering the best value for the state while conforming to the specifications required.

In determining the bidder offering the best value, the School may consider the safety record of the bidder, the entity represented by the bidder, and any person acting for the represented entity only if:

  1. the TBPC or other state agency has adopted a written definition and criteria for accurately determining the safety record of a bidder; and
  2. the TPASS or state agency provided notice in the bid specifications to prospective bidders that a bidder's safety record may be considered in determining the bidder offering the best value for the state.

A determination of a bidder's safety record may not be arbitrary and capricious.

In determining the bidder offering the best value, in addition to price the School shall consider:

  1. the quality and availability of the goods or contractual services and their adaptability to the use required;
  2. the scope of conditions attached to the bid;
  3. the bidder's ability, capacity, and skill to perform the contract or provide the service required;
  4. the bidder's ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;
  5. the bidder's character, responsibility, integrity, and experience or demonstrated capability;
  6. the quality of performance of previous contracts or services;
  7. the bidder's previous and existing compliance with laws relating to the contract or service;
  8. the bidder's previous or existing noncompliance with specification requirements relating to the time of submission of specified information, including samples, models, drawings, or certificates;
  9. the sufficiency of the bidder's financial resources and ability to perform the contract or provide the service; and
  10. the bidder's ability to provide future maintenance, repair parts, and service for the use of the contract's subject.

Texas Government Code 2156.007.

DELEGATED PURCHASES

TPASS has delegated certain purchasing functions to the School:

  1. commodity purchases of goods that do not exceed $25,000;
  2. emergency purchases;
  3. purchases of perishable items;
  4. purchases of services the estimated cost of which does not exceed $100,000;
  5. purchases of publications directly from the publisher;
  6. fuel, oil and grease purchases; and
  7. distributor purchases.

The following provisions are generally applicable to delegated purchases:

  1. Competitive bidding is not required for purchases of $5,000 or less.
  2. All bids must be obtained from sources which normally offer for sale the merchandise being purchased.
  3. Items purchased under delegated authority may not include scheduled items, items available under a term contract (unless purchased in quantities less than minimum ordering quantities shown in contract), or any item required by law to be purchased from a particular source.
  4. The TPASS must solicit formal bids from all eligible vendors on the centralized master bidders list (CMBL) when making purchases in excess of $25,000. The TPASS waives the requirement for the School to solicit bids from all eligible vendors on the list when making purchases under subsection (e) of this section. State agencies must solicit from all eligible vendors on the CMBL when making service purchases in excess of $100,000 that the TPASS has delegated to an agency.

1 TAC 113.11

BID REQUIREMENTS

Commodity Purchases

Commodity purchases may be made in accordance with the following provisions:

  1. The School must attempt to obtain at least three informal bids, including a minimum of two bids from historically underutilized businesses (including at least one bid each from a minority-owned business and a woman-owned business), on all commodity purchases in excess of $5,000 and not over $25,000.
  2. The School must meet competitive bidding requirements and may supplement the list of bidders obtained from the CMBL with potential bidders contained in the HUBs Directory. If the School is unable to locate two HUBs from the Commission's CMBL and HUB Directory or other available sources, the School must make a written notation in the purchase file of all reference sources used.
  3. Commodity purchases in excess of $25,000 are not delegated to the School.
  4. The School must attempt to provide a copy of the bid to the last vendor who held the contract in addition to the informal bid requirement.

1 TAC 113.11(e)(1)

Emergency Purchases

TPASS will approve payment for emergency purchases in accordance with the following provisions.

  1. At least three informal bids must be obtained whenever possible on all purchases in excess of $5,000, up to $25,000.
  2. At least three formal bids must be obtained whenever possible on all purchases in excess of $25,000.
  3. For an emergency purchase of goods or services exceeding $25,000, the School must send a full written explanation of the emergency along with other documentation required by the TPASS for prepayment approval.

1 TAC 113.11(e)(2)

Perishable Items

Purchases of perishable items must be obtained through competitive bids, and appropriate documentation must be forwarded to the TPASS for approval.

1 TAC 113.11 (e) (3)

Services

Purchases of services estimated to cost no more than $100,000 per year per contract are delegated and must be obtained through a competitive selection process, and appropriate documentation must be forwarded to the TPASS for approval.

  1. The School is required to submit documentation to the TPASS for proprietary purchases of services over $25,000 and for purchases expected to cost more than $25,000 per year.
  2. The School must attempt to obtain at least three informal bids, including a minimum of two bids from HUBs , on all service purchases in excess of $5,000 and not over $25,000.

1 TAC 113.11(e)(4)

Purchases Of Services Estimated More Than $25,000 And Less Than $100,000

For purchases of services estimated more than $25,000 and less than $100,000, the School shall, as a minimum, solicit bids from all CMBL and HUB Directory Vendors located in the School's geographic region.

1 TAC 113.11(e)(4)

Purchases Of Services Estimated To Cost More Than $100,000 Per Year

For purchases of services estimated to cost more than $100,000 per year, the TPASS must review any proposed specifications or statements of work and determine whether the TPASS or the School should make the advertisement and award. The TPASS may determine that the service should be advertised to the entire CMBL rather than to only those vendors in the agency's geographical area. If no competitive advantage would be obtained by having the TPASS make the advertisement and award, the TPASS may permit the School to do so as a delegated purchase1 TAC 113.11(e)(4)

POSTING REQUIREMENT FOR PURCHASES GREATER THAN $25,000

When making a purchase greater than $25,000, the School is required to following the requirements of Texas Government Code Section 2155.083(g) through (m) related to posting in the state business daily.

IMPERMISSIBLE PRACTICES

An employee of the School shall not intentionally, or knowingly, make, or authorize, separate, sequential, or component purchases to avoid the competitive bidding requirements set out in this policy.

"Component purchases" means purchases of the component parts of an item that in normal purchasing practices would be made in one purchase. "Separate purchases" means purchases, made separately, of items that in normal purchasing practices would be made in one purchase. "Sequential purchases" means purchases, over a period, of items that in normal purchasing practices would be made in one purchase.

EXEMPTION OF GOODS OR SERVICES OF BLIND OR VISUALLY IMPAIRED PERSONS

The competitive bidding provisions of this policy do not apply to a state purchase of goods or services that:

  1. are made or provided by blind or visually impaired persons;
  2. are offered for sale to the School through efforts made under law by the Texas Council on Purchasing from People with Disabilities;
  3. meet state specifications for quantity, quality, delivery, and life cycle costs; and
  4. cost not more than the fair market price of similar items.

Texas Government Code 2155.138

TERM CONTRACT PURCHASES

TPASS enters into term contracts for the purchase, or lease, of items used in large quantities by multiple state agencies. The term of the contract is determined by the TPASS; usually the term is twelve months. TSBVI is required to purchase items from the term contracts obtained by TPASS unless the products offered do not meet the needs of the School.

1 TAC 113.10; State of Texas Procurement Manual, Section 2.7

OPEN MARKET PURCHASES

Open market purchases are purchases required to be made through the TPASS. Open market purchases are required for all non-delegated purchases, primarily for purchases in excess of $100,000.

Texas Gov't Code 2156, Subchapter B; State of Texas Procurement Manual, Section 2.8

PROPRIETARY PURCHASES

Proprietary products, or services, are those products, or services, that have distinctive features, or characteristics, which are not shared, or provided, by competing, or similar products, or services. Proprietary purchases are permitted provided that the School provides written justification for the proprietary purchase that includes:

  1. need for the specifications or conditions;
  2. the reasons why any competing or equivalent products identified by the TPASS are not satisfactory, addressing each such product individually;
  3. any other information requested by the TPASS.

The request must be approved by the Superintendent or the Superintendent's designee.

1 TAC 113.3(c)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE PURCHASES

Unless a written waiver has been secured from the Texas Department of Criminal Justice (TDCJ), the School must purchase from the Texas Correctional (TCI) Division of the TDCJ goods and services for which TPASS has contracted and notified the School of the availability of such goods and services.

 1 TAC 113.13

PREFERENCES

When purchasing goods and services, the School shall give preference to the following:

  1. manufactured products of workshops, organizations, or corporations whose primary purpose is training and employing persons with mental or physical disabilities, if the products or services meet state specifications as to quantity, quality and price. Competitive bids are not required for purchases of blind-made goods or services offered as a result of efforts by the Texas Council for Purchasing from People with Disabilities - TIBH, if the goods or services meet state specifications as to quantity, quality and price.

Texas Government Code 2155.441; 1 TAC 113.8

  1.  rubberized asphalt paving material made from scrap tires by a facility in this state if the cost, as determined by life-cycle cost benefit analysis, does not exceed the bid cost of alternative paving materials by more than 15%.

Texas Government Code 2155.443; 1 TAC 113.8

  1. products and services from economically depressed or blighted areas as defined in Texas Government Code, §2306.004 or that meet the definition of a historically underutilized business zone as defined by 15 U.S.C. §632(p). recycled, remanufactured or environmentally sensitive products, including recycled steel products, if the products meet state specifications as to quantity and quality and defined best value factors.

Texas Government Code 2155.449; 1 TAC 113.8

  1. energy efficient products if they meet state specifications as to quantity and quality, and are equal to or less that the cost of other products that are not energy efficient.

Texas Government Code 2155.442; 1 TAC 113.8

  1. agricultural products grown in Texas and supplies, materials or equipment produced in Texas, over comparable goods grown or produced outside Texas when the cost and quality of the goods are comparable.
  2. Texas resident bidders, over a nonresident bidder, when the cost and quality of the goods, or services, are equal.

Texas Government Code 2155.444

  1. United States produced supplies, material, equipment, or agricultural products, over foreign products, when the cost and quality are equal, if comparable goods of equal cost and quality produced or grown in Texas or offered by Texas bidders are not available.

Texas Government Code 2155.444; 1 TAC 113.8

  1. motor oils and lubricants that contain at least 25% recycled oil if the quality is comparable and the cost is equal to, or less than, new oil and lubricants.

Texas Government Code 2155.447; 1 TAC 113.8

  1. products produced at a facility located on property for which the owner has received a certificate of completion under §361.609, Health and Safety Code, if the goods meet state specifications regarding quantity, quality, delivery, life cycle costs, and price.

Texas Government Code 2155.450; 1 TAC 113.8

  1. vendors that meet or exceed air quality standards.

Texas Government Code 2155.451; 1 TAC 113.8

HISTORICALLY UNDERUTILIZED BUSINESSES

The School shall make a good faith effort to increase the contract awards for the purchases of goods or services that the School expects to make during a fiscal year to historically underutilized businesses based on rules adopted by the TPASS to implement the disparity study described by Section 2161.002 (c) of the Texas Government Code.

Texas Gov't Code Section 2161.181

AUTOMATED INFORMATION SYSTEM PURCHASES

The School shall purchase automated information systems through the catalog procedure provided by Chapter 2157 of the Texas Government Code unless the School determines that the best value may be obtained through another authorized purchase method.

Texas Gov't Code Section 2157.061

PURCHASES OF GOODS AND SERVICES WITH FEDERAL GRANTS

 The following provisions apply to purchases of goods and services with a value of $5,000 or more from a sole source when using funds from federal grants. Non-competitive procurements from a sole source or only known source may be purchased with federal grant funds only when one or more of the following circumstances apply:

  1. The item is available only from a single source.
  2. A public exigency or emergency for the required purchase will not permit a delay resulting from competitive solicitation.
  3. The U.S. Dept. of Education or the Texas Education Agency expressly authorizes noncompetitive proposals in response to a written request from the School.
  4. After solicitation of a number of sources, competition is determined inadequate.

;2 CFR 200.320(f)

Adopted:          11/7/80

Amended:        3/16/81, 11/19/93, 9/29/95, 5/23/97, 3/21/03, 11/18/05, 8/7/15

Reviewed:

PROPERTY ACCOUNTING SYSTEM

The Superintendent shall be responsible for establishing a property accounting system that complies with the provisions for property accounting under the Texas Gov't Code, Chapter 403.271 et.seq. and the federal Education Department General Administrative Regulations (EDGAR) for property obtained through federal grants. All real and personal property must be accounted for by the School. The School’s inventory accounting system shall include procedures for the disposition of equipment and supplies purchased with federal grants, including funds received from the Individuals with Disabilities Education Act (IDEA) and No Child Left Behind (NCLB) Act. The School shall implement administrative procedures regarding the use and disposition of any such equipment with an original per unit acquisition cost of $5,000 or more, or an aggregate amount of supplies of $5,000 or more.

PERSONAL PROPERTY DEFINED

Personal property is defined by the Comptroller of Public Accounts to include equipment, machines, vehicles and furniture. The Comptroller of Public Accounts is responsible for administering the personal property accounting system for the State of Texas and for setting the dollar value amount for capitalizing assets. Texas Gov't Code, Chapter 403.271 et.seq

The Superintendent:

  1. Is responsible for the custody and care of state property in the School’s possession.
  2. Is responsible for ensuring that state personal property is used for state purposes only.
  3. Must designate a property manager and inform the Comptroller of Public Accounts.
  4. Must approve all loans of property to another state agency.
  5. May transfer any personal property in the School’s possession to another state agency with or without reimbursement.
  6. Will ensure that a physical inventory of all personal property in the School’s possession shall be completed on the date prescribed by the Comptroller of Public Accounts.
  7. Shall report immediately to the State Auditor and the Attorney General if reasonable cause exists to believe that personal property in the School’s possession has been lost, destroyed, or damaged, through negligence of a state official, or employee. A monetary liability for property lost, destroyed, or damaged through the negligence, or fault, of any state official, or employee, may attach, on a joint and several basis to more than one person in a particular instance.

The School’s property manager:

  1. Is the custodian of all personal property possessed by the School and is responsible for maintaining the required records.
  2. Must mark and identify state personal property in accordance with the Comptroller of Public Accounts’ rules.
  3. Must require a written receipt from a person entrusted with custody of personal property.
  4. Must ensure that personal property records accurately reflect the property currently possessed by the School.
  5. Must furnish a certification of personal property inventory at the time, and in the form, directed by the Comptroller of Public Accounts.
  6. Must dispose of surplus, or obsolete, personal property in the manner authorized by the Comptroller of Public Accounts.

REAL PROPERTY DEFINED

Real property is defined by the General Land Office to include land and buildings and associated capital improvements. Texas Natural Resources Code ß31.51, et seq.

REAL PROPERTY RECORDS

Records will be maintained in accordance with rules and regulations of the General Land Office as stated in Texas Natural Resources Code. Texas Natural Resources Code ß31.51, et seq.

Adopted:         11/7/80

Amended:       3/25/94, 11/14/97, 3/26/02, 7/15/15, 8/7/15

Reviewed:

PURPOSE

In an effort to improve or expand its educational program, the Texas School for the Blind and Visually Impaired may, from time to time, apply to either public or private sources for financial assistance.  These efforts will usually take the form of grant proposals, but may also be requests for donations.

 The Board of Trustees delegates to the Superintendent authority to approve applications for grant funds and requests for donations for any purpose which is relevant to the basic mission of the School. The Superintendent shall inform Board members in a timely manner when seeking external funds.

EMPLOYEE BENEFITS

Any funds received from any privately sponsored source which will pay all or part of an employee's salary shall also provide funding for the payment of all employee benefits, including, but not limited to, retirement contributions, employee insurance, O.A.S.I. benefits, benefit replacement pay, unemployment compensation benefits and worker's compensation.   General Appropriations Act, Article IX; Gov’t. Code 825.404

RESPONSIBILITY

The TSBVI Director of Accounting shall assure that reimbursement of the appropriate state agency occurs for these employee benefits in the manner and time prescribed by these agencies.

Current General Appropriations Act, Art. IX

USE OF FUNDS

All bequests of goods for the benefit of the School shall, when not otherwise directed by the grantor, vest the property in the School. Funds or other property donated, or the income therefrom, may be expended:

 For any purpose designated by the donor that is in keeping with the lawful purposes of the schools that are to benefit from the donation; or

  1. For any legal purpose if the donor designated no specific purpose.

 Education Code 11.156

FINANCIAL STATEMENT

All gifts or bequests shall be included among the total receipts of a district which are reported in the annual financial statement.

 Adopted:          1/11/80

Amended:        3/12/82, 11/30/90, 3/27/92, 5/26/94, 5/23/97, 1/24/02, 8/7/15

Reviewed:        4/3/09

 

FUNDING OF TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.

The funding of the Texas School for the Blind and Visually Impaired consists of:

  1. money the legislature specifically appropriates to the school;
  2. money the agency allocates to the school under this code;
  3. money paid under a contract or other agreement;
  4. money the school receives through a gift or bequest;
  5. a payment the school receives from a school district under TEC 30.003; and
  6. the school's share of the available school fund and payments to compensate for payments no longer made from the available school fund.
  7. money received from federal grants and programs (See Policy CBB)

 Education Code 30.003

LEGISLATIVE APPROPRIATIONS  

 The School receives General Revenue Appropriations biennially from the State Legislature. Education Code 30.025(l)

 The board has jurisdiction over the physical assets of the school and shall administer and spend appropriations made for the benefit of the school except that the Texas Facilities Commission shall provide all facilities maintenance services for the physical facilities of the school as provided by Tx. Government Code 2165.007, including services related to facilities construction, facilities management, general building and grounds maintenance, cabling, and facility reconfiguration. Education Code 30.022(h)(1); Gov’t. Code 2165.007

 Not later than September 1, 2015, the following are transferred from the Texas School for the Blind and Visually Impaired to the Texas Facilities Commission:

  1.  All remaining powers, duties, functions, programs, and activities of the Texas School for the Blind and Visually Impaired relating to the maintenance of the school’s physical facilities.
  2. Any obligations and contracts of the School that are directly related to implementing a power, duty, function, program or activity pertaining to facilities maintenance services.
  3. All property and records in the custody of the School related to a power, duty, function, program, or activity pertaining to facilities maintenance services.

 Memorandum of Understanding

 The Texas Facilities Commission (TFC) and the School shall enter into a memorandum of understanding that establishes a plan for the identification and transfer of the records, personnel, property, and unspent appropriations of the School that are used for purposes of the TFC’s powers and duties related to the maintenance of the School’s physical facilities. The Board of Trustees of the Texas School for the Blind and Visually Impaired authorizes the Superintendent to collaborate with the TFC in the development of this memorandum of understanding. Education Code 30.022

STATE AVAILABLE SCHOOL FUND APPORTIONMENT

 For each student enrolled in the TSBVI, the School is entitled to state available school fund apportionment.

 The commissioner, with the assistance of the comptroller, shall determine the amount that the TSBVI would have received from the available school fund if Chapter 28, Acts of the 68th Legislature, 2nd Called Session, 1984, had not transferred statutory dedicated taxes from the available school fund to the foundation school fund. That amount, minus any amount the schools do receive from the available school fund, shall be set apart as a separate account in the foundation school fund and appropriated to those schools for educational purposes. Education Code 30.003(e)(f)

LOCAL DISTRICT SUPPORT

 For each student enrolled in the TSBVI, the school district that is responsible for providing appropriate special education services to the student shall share the cost of the student’s education.

 If the student is admitted to the School for a full-time program for the equivalent of two long semesters, the district’s share of the cost is an amount equal to the dollar amount of maintenance and debt services taxes imposed by the district for that year, divided by the district’s average daily attendance for the preceding year.

 If the student is admitted for a program less than two complete semesters in duration, other than a summer program, the district’s share of the cost is an amount equal to the amount that would be the district’s share for a full-time program, multiplied by the quotient resulting from the number of full-time equivalent days in the program, divided by the minimum number of days of instruction for students provided by Section 25.081 of the Education Code.

 Each school district and state institution shall provide to the commissioner the necessary information to determine the district’s share. The commissioner shall deduct that amount from the payment of foundation school funds payable to the district. Each deduction shall be in the same percentage of the total amount of the district’s share as the percentage of the total foundation school fund entitlement being paid to the district at the time of the deduction, except that the amount of any deduction may be modified to make necessary adjustments, or to correct errors. The commissioner shall provide for remitting the amount deducted to the appropriate school at the same time at which the remaining funds are distributed to the district. If the district does not receive foundation school funds, or if a district’s foundation school entitlement is less than the amount of the district’s share under this section, the commissioner shall direct the district to remit payment to the commissioner, and the commissioner shall remit the district’s share to the appropriate school. Tx. Educ. Code 30.003(a)(b)(c)(d)

 Adopted:          3/7/80

Amended:        9/27/91, 3/25/94, 9/29/95, 11/15/96, 08/07/15

Reviewed:       9/24/99, 3/26/02

 

INVESTMENT AUTHORITY

The Superintendent, or other person designated by Board resolution, shall serve as the investment officer of the School, shall recommend appropriate legally authorized and adequately secured investments, and shall invest School funds as directed by the Board, and in accordance with the School's written investment policy and generally accepted accounting procedures.

All investments made by the School shall comply with the Public Funds Investment Act (Texas Government Code Chapter 2256, Subchapter A) and all federal, state, and local statutes, rules or regulations.   Gov’t Code 2256.026

INVESTMENT OFFICER

In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity. Authority granted to a person to deposit, withdraw, invest, transfer, or manage an entity's funds is effective until rescinded by the Board, or until termination of the person's employment by the School. Gov't Code 2256.005(f)

The School's investment officer may use School employees or the services of a contractor of the School to aid the investment officer in the execution of the officer's duties under Government Code 2256.

Gov't Code 2256.003(c)

APPROVED INVESTMENT INSTRUMENTS

The Board may purchase, sell, and invest its funds and funds under its control in investments described below, in compliance with its adopted investment policies and according to the standard of care set out in this policy. Investments may be made directly by the Board or by a nonprofit corporation acting on behalf of the Board or an investment pool acting on behalf of two or more local governments, state agencies, or a combination of the two. Gov't Code 2256.003(a)

In the exercise of these powers, the Board may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made for such purpose may not be for a term longer than two years. A renewal or extension of the contract must be made by the Board by order, ordinance, or resolution. Gov't Code 2256.003(b)

The Board shall permit investment of School funds in only the following investment types, consistent with the strategies and maturities defined in this policy.

  1. Obligations, including letters of credit, of the United States or its agencies and instrumentalities; direct obligations of the state of Texas or its agencies and instrumentalities; collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the state of Texas, the United States, or their respective agencies and instrumentalities including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States; obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; and bonds issued, assumed, or guaranteed by the state of Israel. Gov't Code 2256.009(a)
  2. Certificates of deposit as permitted by Gov't Code 2256.010.
  3. Fully collateralized repurchase agreements permitted by Gov't Code 2256.011.
  4. Banker's acceptances as permitted by Gov't Code 2256.012.
  5. Commercial paper as permitted by Gov't Code 2256.013.
  6. Two types of mutual funds as permitted by Gov't Code 2256.014: Money market mutual funds and no-load mutual funds.
  7. Public funds investment pools as permitted by Gov't Code 2256.016-2256.017, 2256.019.

The School is not required to liquidate investments that were authorized investments at the time of purchase.

Gov't Code 2256.017

SAFETY AND INVESTMENT MANAGEMENT

The investment officer shall observe financial market indicators, study financial trends, and utilize available educational tools in order to maintain appropriate managerial expertise. Investments shall be made in a manner that ensures the preservation of capital in the overall portfolio and offsets, during a 12-month period, any market price losses resulting from interest-rate fluctuations by income received from the balance of the portfolio. No individual investment transaction shall be undertaken that jeopardizes the total capital position of the overall portfolio.

LIQUIDITY AND MATURITY

Assets of the School shall be invested in instruments whose maturities do not exceed one year from the time of purchase, subject to the following exceptions:

  1. A shorter maturity is required by law.
  2. A longer maturity may be specifically authorized by the Board for a given investment, provided legal limits are not exceeded.

The School's investment portfolio shall have sufficient liquidity to meet anticipated cash flow requirements, projected on a weekly, monthly, and annual basis. The School shall have procedures to determine cash flow requirements according to generally accepted financial and accounting procedures.

DIVERSITY

The investment portfolio shall be diversified in terms of investment instruments, maturity scheduling, and financial institutions to reduce risk of loss resulting from over concentration of assets in a specific class of investments, specific maturity, or specific issuer.

MONITORING MARKET PRICES

Monitoring shall be done monthly and more often as economic conditions warrant by using appropriate reports, indices, or benchmarks for the type of investment. The investment officer shall keep the Board informed of significant declines in the market value of the School's investment portfolio. Information sources may include financial/investment publications and electronic media, available software for tracking investments, depository banks, commercial or investment banks, financial advisers, and representatives/advisors of investment pools, or money market funds.

FUNDS/STRATEGIES

Investments of the expendable trust fund shall be consistent with this policy and shall have as their primary objectives safety, investment liquidity, and maturity sufficient to meet anticipated cash flow requirements. [See CDC] The investment strategy of the expendable trust fund shall include the following priorities in order of importance:

  1. understanding of the suitability of the investment to the financial requirements of the entity;
  2. preservation and safety of principal;
  3. liquidity;
  4. marketability of the investment if the need arises to liquidate the investment before maturity;
  5. diversification of the investment portfolio;
  6. yield; and
  7. procedures to monitor rating changes in investments acquired with public funds and the liquidation of such investments consistent with the provisions of Section 2256.021.

All investment transactions, except mutual funds, shall be executed on a delivery versus payment basis.

SAFEKEEPING AND CUSTODY

The cash, collateral, and investments of the School shall be held by an independent third party with whom the School has a current custodial agreement. The School shall retain clearly marked receipts providing proof of the School's ownership, or the School may delegate to an investment pool the authority to hold legal title, as custodian, of investments purchased with School funds.

BROKERS/DEALERS

Prior to handling investments on behalf of the School, broker/dealers must submit required written documents and annual audited financial statements to the School, and be in good standing with the National Association of Securities Dealers. Representatives of brokers/dealers shall be registered with the Texas State Securities Board and must have membership in the Securities Investor Protection Corporation (SIPC).

SOLICITING BIDS

In order to get the best return on its investments, the School may solicit bids in writing, by telephone, or electronically.

INTERNAL CONTROLS

A system of internal controls shall be established and documented, in writing, and must designate who has authority to withdraw funds. Also, they shall be designed to protect against losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the School. Controls deemed most important shall include:

  1. Separation of transaction authority from accounting and record keeping.
  2. Avoidance of collusion.
  3. Custodial safekeeping.
  4. Clear delegation of authority.
  5. Written confirmation of telephone transactions.
  6. Documentation of dealer questionnaires, quotations and bids, evaluations, transactions and rationale.
  7. Avoidance of bearer-form securities.

These controls shall be reviewed by the School's internal auditor.

QUARTERLY REPORTS

Not less than quarterly, the School's investment officer shall prepare and submit to the Board, a written report of investment transactions for all funds covered by the Public Funds Investment Act for the preceding reporting period. This report shall be presented to the Board not less than quarterly, and within a reasonable time after the end of the period. The report must:

  1. Contain a detailed description of the investment position of the School on the date of the report.
  2. Be prepared jointly and signed by all School investment officers.
  3. Contain a summary statement of each pooled fund that states:
    1. Beginning market value for the reporting period.
    2. Ending market value for the period; and
    3. Fully accrued interest for the reporting period.
  4. State the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type invested.
  5. State the maturity date of each separately invested asset that has a maturity date.
  6. State the account, or fund, or pooled group fund, in the School for which each individual investment was acquired.
  7. State the compliance of the investment portfolio of the School as it relates to the School's investment strategy expressed in the School's investment policy and relevant provisions of law.

If the School invests in other than money market mutual funds, investment pools, or accounts, offered by its depository bank in the form of certificates of deposit, or money market accounts, or similar accounts, the reports shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the Board by that auditor.

Gov't Code 2256.023

SELECTION OF BROKER

Prior to engaging in any investment transactions with a broker, the Board shall adopt a list of qualified brokers that are authorized to engage in investment transactions with the School.

At least annually thereafter, the Board shall review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the School.

Gov't Code 2256.025

ANNUAL REVIEW

The investment policy and the investment strategy shall be reviewed by the Board not less than annually.

The board shall adopt a written instrument stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy, or investment strategies.

AUDIT

At least once every two years, the Board shall require the School's internal auditor to perform a compliance audit of management controls on investments and adherence to the Board's established investment policies. The School shall report the results of this audit to the State auditor.

INVESTMENT TRAINING

Each member of the TSBVI governing Board and its investment officer shall attend at least one training session relating to the person's responsibilities under the Public Funds Investment Act (PFIA) within six months after taking office, or assuming duties.

Training must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with the Public Funds Investment Act.

An investment officer shall attend a training session not less than once each state fiscal biennium and may receive training from any independent source approved by the TSBVI governing body.

The investment officer shall prepare a report on this training and deliver the report to the TSBVI governing body not later than the 180th day after the last day of each regular session of the legislature.

Gov't Code 2256.007(a)(c)(d)

STANDARD OF CARE

Investments shall be made with judgment and care, under prevailing circumstances that a person of prudence, discretion, and intelligence would exercise in the management of his, or her, own affairs, not for speculation, but for investment, considering the probably safety of capital and the probable income to be derived. Investments shall be governed by the following objectives in order of priority:

  • Preservation and safety of principal;
  • Liquidity; and
  • Yield.
  1. In determining whether an investment officer has exercised prudence with respect to an investment decision, the following shall be taken into consideration:pThe investment of all funds, rather than the prudence of a single investment, over which the officer had responsibility.
  2. Whether the investment decision was consistent with a board’s written investment policy.

PERSONAL INTEREST

A School investment officer who has a personal business relationship with an entity seeking to sell an investment to the School shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity, or consanguinity, as determined by Government Code Chapter 573, to an individual seeking to sell an investment to the School shall file a statement disclosing that relationship with the Board and with the Texas Ethics Commission. Gov't Code 2256.005

For purposes of this policy, an investment officer has a personal business relationship with a business organization if:

  1. The investment officer owns ten percent, or more, of the voting stock, or shares, of the business organization or owns $5,000, or more, of the fair market value of the business organization;
  2. Funds received by the investment officer from the business organization exceed ten percent of the investment officer's gross income for the previous year; or
  3. The investment officer has acquired from the business organization during the previous year investments with a book value of $2,500, or more, for the personal account of the investment officer.

SELLERS OF INVESTMENTS

This policy shall be presented to any person seeking to sell an authorized investment to the School. For purposes of this policy, a business organization includes investment pools. The registered principal of the business organization seeking to sell an authorized investment shall execute a written instrument stating:

  1. The registered principal has received and thoroughly reviewed this policy; and
  2. The registered principal acknowledges that the business organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the School and the organization.

The investment officer of the School may not buy any securities from a person who has not delivered to the School an instrument in substantially this form.

Gov't Code 2256.005(k),(l)

DONATIONS

A gift, devise, or bequest made to provide college scholarships for TSBVI graduates may be invested or retained by the Board as provided in Property Code 113.056, unless otherwise specifically provided by the terms of the gift, devise, or bequest.

Education Code 45.107

Investments donated to the School for a particular purpose or under terms of use specified by the donor are not subject to the requirements of Government Code Chapter 2256, Subchapter A.

Gov't Code 2256.004(b)

ELECTRONIC FUNDS TRANSFER

The School may use electronic means to transfer, or invest, all funds collected, or controlled by the School.

Gov't Code 2256.051

Adopted:          11/7/80

Amended:        5/31/90, 3/25/94, 5/26/94, 9/29/95, 1/24/97, 11/14/97, 3/30/99, 11/22/02, 1/30/04, 11/18/05, 11/18/11, 11/21/14, 11/20/15, 11/18/16

Reviewed:        1/24/02, 11/19/04, 1/26/07, 11/16/07, 11/21/08, 11/20/09, 11/19/10, 11/9/12, 11/8/13p