Main content

Alert message

TSBVI Class of 2018 group photo
Congratulations, TSBVI Class of 2018!

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, 9/20/16, 11/18/16, 9/29/17, 4/6/18
CBA STATE AND FEDERAL REVENUE SOURCES: STATE Amended 4/6/18
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: 4/6/18
CFCA INTERNAL AUDIT CHARTER Amended 9/29/17
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
CJ CONTRACTED SERVICES Adopted: 4/6/18
CJA CONTRACTED SERVICES: CRIMINAL HISTORY Adopted: 4/6/18
CK SAFETY PROGRAM/RISK MANAGEMENT Amended: 4/6/18
CKA SAFETY PROGRAM: INSPECTIONS Amended 3/26/04
CKB SAFETY PROGRAM/RISK MANAGEMENT: ACCIDENT PREVENTION AND REPORTS Amended: 4/6/18
CKC SAFETY PROGRAM/RISK MANAGEMENT: EMERGENCY PLANS Amended: 4/6/18
CKD SAFETY PROGRAM/RISK MANAGEMENT: EMERGENCY MEDICAL EQUIPMENT AND PROCEDURES Amended: 4/6/18
CKE SAFETY PROGRAM/RISK MANAGEMENT: SECURITY PERSONNEL Adopted: 4/6/18
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:4/6/18
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: 4/6/18
CNC TRANSPORTATION MANAGEMENT: TRANSPORTATION SAFETY Amended: 4/6/18
CO FOOD SERVICES MANAGEMENT Amended: 4/6/18
COA FOOD SERVICES MANAGEMENT: FOOD PURCHASING Amended: 4/6/18
COB FOOD SERVICES MANAGEMENT: FREE AND REDUCED-PRICE FOOD PROGRAM Adopted: 4/6/18
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 4/6/18
CQA TECHNOLOGY RESOURCES: TSBVI AND CLASSSROOM WEBSITES Amended 4/6/18
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

Note:  The following is an index of website posting requirements that are addressed in the legal reference material of the policy manual.  The list is not all-inclusive.  The list does not address postings that are required in response to a specific incident or postings required under special circumstances.

REQUIRED INTERNET POSTINGS

State Agency Postings 

In its role as a state agency, TSBVI shall post the following on its website: 

  1. Agency Internal Audit Plan and Internal Audit Annual Report
  2. Employee emergency leave policy
  3. Agency Strategic Plan and Report on Customer Service
  4. Legislative Appropriations Request
  5. Annual Operating Budget
  6. Contracts for the purchase of goods or services from a private vendor
  7. Purchasing accountability and risk analysis procedure
  8. Gifts, grants and donations for employee salary supplements

School District Postings

School districts in Texas are required to post certain information on their Internet web sites.  TSBVI shall post the following on its website:

  1. The Annual Report 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. The Annual Improvement Plan.
  3. Policies, procedures and statements regarding activities to support student health, under Education Code 28.004. [See BDF]
  4. Board notices of board meetings and the agenda for board meetings under Government Code 551.053 and 551.056.
  5. The minutes of the last regular board meeting if the minutes reflect that a trustee is deficient in meeting the trustee’s training requirement, under Education Code 11.159(b). [See BBD]
  6. The annual federal report card under 20 U.S.C. 6311(h)(2).
  7. TSBVI’s 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]
  8. Board employment policies, including those under Education Code 21.204(d). [See DCB]
  9. Information about required and recommended immunizations and procedures for claiming an exemption from immunization requirements, under Education Code 38.019. [See FFAB]
  10. The procedure for reporting bullying established by the School’s bullying policy, under Education Code 37.0832(e).  [See FFI]
  11. The conflicts disclosure statements and questionnaires under Local Government Code 176.009. [See BBFA, CHE]
  12. A summary of its proposed budget concurrently with publication of the proposed budget under Education Code 44.0041. [See CE]
  13. TSBVI’s adopted budget on the School website until the third anniversary of the date the budget was adopted, under Education Code 44.0051. [See CE]
  14. TSBVI’s annual financial report under Local Government Code 140.008 on its website until the School posts the next financial report, or, as an alternative, the School may post a link to the comptroller’s website where the School’s financial information may be viewed. [See CFA]
  15. Contact information for the School’s main office, including the physical address, the mailing address, the main telephone number, and an e-mail address, under Local Government Code 140.008(f)(2). [See CFA]
  16. The transition and employment guide for students enrolled in special education programs and their parents in order to provide information on statewide services and programs that assist in the transition to life outside the public school system, under Education Code 29.0112. [See EHBAD]
  17. Annually, any agreement between the School and a public institution of higher education to provide a dual credit program, under Education Code 28.009(b-2). [See EHDD]
  18.  Information from TEA under Education Code 28.02121 explaining the advantages of the distinguished level of achievement and each endorsement. [See EIF]
  19. The date the PSAT/NMSQT will be administered and the date any college advance placement tests will be administered, under Education Code 29.916. [See EK]
  20. A district that receives funds under Title I, Part A shall post on its website information on each assessment required by the state to comply with 20 U.S.C. 6311, other assessments required by the state, and the assessments required school wide, under 20 U.S.C. 6312(e)(2)(B). [See EKB]
  21. Information regarding local programs and services, including charitable programs and services available to assist homeless students, under Education Code 33.906.
  22. A notice regarding TSBVI’s ability to refuse entry or eject certain persons under Education Code 37.105, including the appeal process. [See GKA

OPTIONAL INTERNET POSTINGS

Districts that maintain an Internet Web site may post certain information.  TSBVI may post the following:

  1. A campus intervention team may give the required notice of the public meeting for input prior to the development of a targeted improvement plan fifteen days prior to the meeting by way of the School website, under 19 Administrative Code 97.1061(d)(3)(A)(ii). [See AIB]
  2. The board may broadcast an open meeting over the Internet, under Government Code 551.128. [See BE]
  3. Notice of a vacant position for which a certificate or license is required may be provided by posting the position on TSBVI’s Internet Web site, as well as on a bulletin board, under Education Code 11.1513. [See DC]
  4. A current copy of the procedural safeguards notice regarding special education and related services, under 34 C.F.R. 300.504(b). [See EHBAE]
  5. 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]

“GEOSPATIAL DATA PRODUCTS”

“Geospatial data product” means a document, computer file, or Internet website that contains geospatial data; a map; or information about a service involving geospatial data or a map. Gov’t Code 2051.101(1)

TSBVI shall include a notice on each geospatial data product that:

  1. Is created or hosted by TSBVI;
  2. Appears to represent property boundaries; and
  3. Was not produced using information from an on-the-ground survey conducted by or under the supervision of a registered professional land surveyor or land surveyor authorized to perform surveys under laws in effect when the survey was conducted.

The notice must be in substantially the following form: “This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.”

The notice may include language further defining the limits of liability of a geospatial data product producer; apply to a geospatial data product that contains more than one map; or for a notice that applies to a geospatial data product that is or is on an Internet website, be included on a separate page that requires the person accessing the website to agree to the terms of the notice before accessing the geospatial data product. 

Gov’t Code 2051.102

Exemption

TSBVI is not required to include the notice on a geospatial data product that:

  1. Does not contain a legal description, a property boundary monument, or the distance and direction of a property line;
  2. Is prepared only for use as evidence in a legal proceeding;
  3. Is filed with the clerk of any court’ or
  4. Is filed with the county clerk. 

Gov’t Code 2051.103

Adopted:         9/20/13
Amended:       4/6/18
Reviewed:

PEIMS

TSBVI participates in the Public Education Information Management System (PEIMS) and through that system provides information by appropriate provisions of the Education Code and Texas Administrative Code and TSBVI’s Memorandum of Understanding.  The PEIMS data standards, established by the Commissioner, shall be used by the School to submit information.  Education Code 42.006; 19 TAC 61.1025.

CHILDREN’S INTERNET PROTECTION ACT

Under the Children’s Internet Protection Act (CIPA), TSBVI must, as a prerequisite to receiving universal service discount rates, implement certain Internet safety measures and submit certification to the Federal Communications Commission (FCC).  47 U.S.C. 254  [See UNIVERSAL SERVICE DISCOUNTS, below, for details]

Definitions

“Harmful to Minors” 

“Harmful to minors” means any picture, image, graphic image file, or other visual depiction that:

  1. Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
  2. Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
  3. Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

47 U.S.C. 254(h)(7)(G); 20 U.S.C. 6777(e)(6)

“Inappropriate for Minors”

The Board has designated the Superintendent or his/her designee to develop and implement administrative regulations to determine what matter is considered inappropriate for minors.  47 U.S.C. 254(l)(2)

“Technology Protection Measure”

“Technology protection measure” means a specific technology that blocks or filters Internet access.  47 U.S.C. 254(h)(7)(l)

UNIVERSAL SERVICE DISCOUNTS

An elementary or secondary school having computers with Internet access may not receive universal service discount rates unless the School, submits to the FCC the certifications described below at CERTIFICATIONS TO THE FCC and a certification that an Internet safety policy has been adopted and implemented as described at INTERNET SAFETY POLICY below, and ensures the use of computers with Internet access in accordance with the certifications.  47 U.S.C. 254(h)(5)(A); 47 CFR 54.520

“Universal service” means telecommunications services including Internet access, Internet services, and internal connection services and other services that are identified by the FCC as eligible for federal universal service support mechanisms.  47 U.S.C. 254(c), (h)(5)(A)(ii)

Certifications to the FCC

TSBVI receives discounts for Internet access and internal connections services under the federal universal support mechanism for schools and must make certifications in accordance with 47 C.F.R. 54.520(c) each funding year.  47 C.F.R. 54.520(b)

To be eligible for universal service discount rates, the School shall certify to the FCC during each annual program application cycle, in the manner prescribed at 47 CFR 54.520, that it:

With Respect to Minors

  1. Is enforcing a policy of Internet safety for minors that includes monitoring their online activities and the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene, child pornography, or harmful to minors;
  2. Is enforcing the operation of such technology protection measure during any use of such computers by minors; and
  3. Is educating minors, as part of its Internet safety policy, about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response. 

47 U.S.C. 254(h)(5(B)); 47 CFR 54.520

With Respect to Adults

TSBVI must submit certification that the School:

  1. Is enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene or child pornography; and
  2. Is enforcing the operation of such technology protection measure during any use of such computers.

47 U.S.C. 254(h)(5)(C)

Disabling for Adults

An administrator, supervisor, or other person authorized by TSBVI may disable the technology protection measure during use by an adult to enable access for bona fide research or other lawful purpose.  47 U.S.C. 254(h)(5)(D)

Internet Safety Policy 

The Board shall adopt and implement this Internet safety policy that addresses:

  1. Access by minors to inappropriate matter on the Internet and the World Wide Web;
  2. Safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;
  3. Unauthorized access, including “hacking”, and other unlawful activities by minors online;
  4. Unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and
  5. Measures designed to restrict minors’ access to materials harmful to minors.

47 U.S.C. 254(l)

The Superintendent or designee shall develop and implement an Internet Safety Plan by administrative regulation. 

Public Hearing 

TSBVI shall provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy.  42 U.S.C. 254(h)(5)(A)(iii), (l)(1)(B)

TECHNOLOGY PROTECTION MEASURE

In accordance with the appropriate certification, the School shall operate a technology protection measure that protects minors against access to visual depictions that are obscene, child pornography, or harmful to minors; and protects adults against access to visual depictions that are obscene or child pornography.  47 U.S.C. 254(h)(5)(B), (C)

MONITORED USE

In accordance with the appropriate certification, the School shall monitor the online activities of minors.  47 U.S.C. 254(h)(5)(B)

TRANSFER OF EQUIPMENT TO STUDENTS

TSBVI may transfer to a student enrolled in the School:

  1. Any data processing equipment donated to the School, including equipment donated by a private donor, a state eleemosynary institution, or a state agency under Government Code 2175.905;
  2. Any equipment purchased by TSBVI; and
  3. Any surplus or salvage equipment owned by TSBVI.

Education Code 32.102(a)

Before transferring data processing equipment to a student, TSBVI must: 

  1. Adopt rules governing transfers, including provisions for technical assistance to the student by the School;
  2. Determine that the transfer serves a public purpose and benefits the School; and
  3. Remove from the equipment any offensive, confidential, or proprietary information, as determined by TSBVI.

Education Code 32.104

Donations

TSBVI may accept:

  1. Donations of data processing equipment for transfer to students; and
  2. Gifts, grants, or donations of money or services to purchase, refurbish, or repair data processing equipment.

Education Code 32.102(b)

TSBVI shall not pay a fee or other reimbursement to a state eleemosynary institution or institution or agency of higher education or other state agency for surplus or salvage data processing equipment it transfers to TSBVI. Government Code 2175.905(c) 

Use of Public Funds

TSBVI may spend public funds to:

  1. Purchase, refurbish, or repair any data processing equipment transferred to a student; and
  2. Store, transport, or transfer data processing equipment under this policy.

Education Code 32.105

Eligibility

A student is eligible to receive data processing equipment under this policy only if the student does not otherwise have home access to data processing equipment, as determined by TSBVI.   The School shall give preference to educationally disadvantaged students.  Education Code 32.103

Return of Equipment 

Except as provided below, a student who receives data processing equipment from TSBVI under this policy shall return the equipment to the School not later than the earliest of: 

  1. Five years after the date the student receives the equipment;
  2. The date the student graduates;
  3. The date the student transfers to another district; or
  4. The date the student withdraws from TSBVI.

If, at the time the student is required to return the equipment, TSBVI determines that the equipment has no marketable value, the student is not required to return the equipment.

Education Code 32.106

UNIFORM ELECTRONIC TRANSACTIONS ACT

TSBVI may agree with other parties to conduct transactions by electronic means.  Any such agreement or transaction must be done in accordance with the Uniform Electronic Transactions Act.  Business and Commerce Code Chapter 322; 1 TAC 203

DIGITAL SIGNATURE

A digital signature may be used to authenticate a written electronic communication sent to the School if it complies with rules adopted by the board.  Before adopting the rules, the board shall consider the rules adopted by the Department of Information Resources (DIR) and, to the extent possible and practicable, make the board’s rules consistent with DIR rules.  Gov’t Code 2054.060; 1 TAC 203

SECURITY BREACH NOTIFICATION

To Individuals

TSBVI owns or licenses computerized data that includes sensitive personal information and shall disclose, in accordance with the notice provisions at Texas Business and Commerce Code 521.053(e), any breach of system security, after discovering or receiving notification of the breach, to any individual whose sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person.  The disclosure shall be made as quickly as possible, except as provided at CRIMINAL INVESTIGATION EXCEPTION, below, or as necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

To the Owner or License Holder

TSBVI maintains computerized data that includes sensitive personal information not owned by the School and shall notify the owner or license holder of the information, in accordance with Texas Business and Commerce Code 521.053(e), of any breach of system security immediately after discovering the breach, if the sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person. 

Criminal Investigation Exception

TSBVI may delay providing the required notice to state residents or the owner or license holder at the request of a law enforcement agency that determines that the notification will impede a criminal investigation.  The notification shall be made as soon as the law enforcement agency determines that the notification will not compromise the investigation.

Information Security Policy

TSBVI maintains its own notification procedures as part of an information security policy for the treatment of sensitive personal information and complies with the timing requirements for notice described above.  TSBVI complies with Business and Commerce Code 521.053 if the School notifies affected persons in accordance with that policy. 

Business and Commerce Code 521.053; Local Gov’t Code 205.010 

Definitions 

“Breach of System Security” 

 “Breach of system security” means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data.  Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner.  Business and Commerce Code 521.053(a)

“Sensitive Personal Information”

“Sensitive personal information” means:

  1. An individual’s first name or first initial and last name in combination with any one or more of the following items, if the name and the items are not encrypted:
    1. Social security number;
    2. Driver’s license number or government-issued identification number; or
    3. Account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to an individual’s financial account; or
  2. Information that identifies an individual and relates to:
    1. The physical or mental health or condition of the individual;
    2. The provision of health care to the individual; or
    3. Payment for the provision of health care to the individual.

“Sensitive personal information” does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government.

Business and Commerce Code 521.002(a)(2), (b)

ACCESS TO ELECTRONIC COMMUNICATIONS

Electronic Communication Privacy Act

Except as otherwise provided in the Electronic Communication Privacy Act (ECPA), 18 U.S.C. 2510–22, a person commits an offense if the person:

  1. Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;
  2. Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:
    1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or
    2. Such device transmits communications by radio, or interferes with the transmission of such communication; or
    3. Such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or
    4. Such use or endeavor to use takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or
    5. Such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States;
  3. Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the prohibited interception of a wire, oral, or electronic communication;
  4. Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the prohibited interception of a wire, oral, or electronic communication; or
  5. Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, intercepted by means authorized by 18 U.S.C. 2511(2)(a)(ii), 2511(2)(b)–(c), 2511(2)(e), 2516, and 2518; knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation; having obtained or received the information in connection with a criminal investigation; and with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation.

It shall not be unlawful for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any state.

18 U.S.C. 2511(1), (2)(d)

Stored Wire and Electronic Communications and Transactional Records Access Act

TSBVI must comply with the Stored Wire and Electronic Communications and Transactional Records Access Act, 18 U.S.C. 2701–12. 

Whoever intentionally accesses without authorization a facility through which an electronic communication service is provided or intentionally exceeds an authorization to access that facility and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system commits an offense.  18 U.S.C. 2701(a) 

Exceptions

This section does not apply with respect to conduct authorized:

  1. By the person or entity providing a wire or electronic communications service;
  2. By a user of that service with respect to a communication of or intended for that user; or
  3. By sections 18 U.S.C. 2703, 2704, or 2518.

18 U.S.C. 2701 (c)

Definitions

“Electronic Communication”

 “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photooptical system that affects interstate or foreign commerce.  18 U.S.C. 2510(12), 2711(1)

“Electronic Storage”

“Electronic storage” means:

  1. Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and
  2. Any storage of such communication by an electronic communication service for purposes of backup protection of such communication.

18 U.S.C. 2510(17), 2711(1)

The term encompasses only the information that has been stored by an electronic communication service provider.  Information that an individual stores to the individual’s hard drive or cell phone is not in electronic storage under the statute.  Garcia v. City of Laredo, 702 F.3d 788 (5th Cir. 2012)

“Electronic Communications System”

 “Electronic communications system” means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications.  18 U.S.C. 2510(14), 2711(1)

“Electronic Communication Service”

 “Electronic communication service” means any service which provides to users thereof the ability to send or receive wire or electronic communications.  18 U.S.C. 2510(15), 2711(1)

“Facility”

“Facility” includes servers operated by electronic communication service providers for the purpose of storing and maintaining electronic storage.  The term does not include technology, such as cell phones and computers, that enables the use of an electronic communication service.  Garcia v. City of Laredo, 702 F.3d 788 (5th Cir. 2012) 

“Person” 

“Person” means any employee, or agent of the United States or any state or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation.  18 U.S.C. 2510(6), 2711(1) 

CYBERSECURITY INFORMATION ACT

TSBVI may, for a cybersecurity purpose and consistent with the protection of classified information, share with, or receive from, any other non-federal entity or the federal government a cyber threat indicator or defensive measure.  If TSBVI receives a cyber threat indicator or defensive measure from another entity, it shall comply with otherwise lawful restrictions placed on the sharing or use of such cyber threat indicator or defensive measure by the sharing entity.  6 U.S.C. 1503(c)

Protection and Use of Information

Security

TSBVI is monitoring its information system, operating a defensive measure, or providing or receiving a cyber threat indicator or defensive measure under 6 U.S.C. 1503.  It shall implement and utilize a security control to protect against unauthorized access to or acquisition of such indicator or measure.    6 U.S.C. 1503(d)(1)

Removal of Personal Information

If TSBVI is sharing a cyber threat indicator pursuant to these provisions it shall, prior to sharing:

  1. Review such indicator to assess whether it contains any information not directly related to a cybersecurity threat that TSBVI knows at the time of sharing to be personal information of a specific individual or information that identifies a specific individual and remove such information; or
  2. Implement and utilize a technical capability configured to remove any information not directly related to a cybersecurity threat that TSBVI knows at the time of sharing to be personal information of a specific individual or information that identifies a specific individual.

6 U.S.C. 1503(d)(2) 

Use of Information 

A cyber threat indicator or defensive measure shared or received may, for cybersecurity purposes:

  1. Be used by TSBVI to monitor or operate a defensive measure that is applied to an information system of the School, or an information system of another non-federal entity or a federal entity upon written consent of that other entity; and
  2. Be otherwise used, retained, and further shared by TSBVI subject to an otherwise lawful restriction placed by the sharing entity on such indicator or measure, or an otherwise applicable provision of law.

6 U.S.C. 1503(d)(3)

Exception

A cyber threat indicator or defensive measure shared with a state, tribal, or local government under Title 6, United States Code, may not be used by any such government to regulate, including an enforcement action, the lawful activity of any non-federal entity or any activity taken by a non-federal entity pursuant to mandatory standards, including an activity relating to monitoring, operating a defensive measure, or sharing of a cyber threat indicator.  A cyber threat indicator or defensive measure shared as described in this provision may, consistent with a state, tribal, or local government regulatory authority specifically relating to the prevention or mitigation of cybersecurity threats to information systems, inform the development or implementation of a regulation relating to such information systems.  6 U.S.C. 1503(d)(4)(C)

Law Enforcement Use

If TSBVI receives a cyber threat indicator or defensive measure under Title 6, United States Code, it may use such indicator or measure for the purposes described in 6 U.S.C.1504(d)(5)(A).  6 U.S.C 1503(d)(4)(B) [See CKE]

Exemption from Public Disclosure 

A cyber threat indicator or defensive measure shared by or with a state, tribal, or local government under 6 U.S.C. 1503 shall be deemed voluntarily shared information and exempt from disclosure under any state or local freedom of information law, open government law, open meeting law, open records law, sunshine law, or similar law requiring disclosure of information or records.  6 U.S.C. 1503(d)(4)(B)

A cyber threat indicator or defensive measure shared with the federal government under Title 6, United States Code, shall be: 

  1. Deemed voluntarily shared information and exempt from disclosure under federal public information law and any state or local provision of law requiring disclosure of information of records; and
  2. Withheld, without discretion, from the public under federal public information law and any state or local provision of law requiring disclosure of information or records.

6 U.S.C. 1504(d)(3) [See GBA]

No Duty

Nothing in these provisions creates a duty to share a cyber threat indicator or defensive measure or to warn or act based on receipt of a cyber threat indicator or defensive measure; or undermines or limits the availability of otherwise applicable common law or statutory defenses.  6 U.S.C. 1505(c)

Definitions 

“Non-Federal Entity”

“Non-federal entity” means any private entity, non-federal government agency or department, or state, tribal, or local government (including a political subdivision, department, or component thereof).  6 U.S.C. 1501(14)

“Cybersecurity Purpose”

“Cybersecurity Purpose” means the purpose of protecting an information system or information that is stored on, processed by, or transiting an information system from a cybersecurity threat or security vulnerability.  The term does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement.  6 U.S.C. 1501(4)

“Cybersecurity Threat”

“Cybersecurity threat” means an action, not protected by the First Amendment to the United States Constitution, on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality, or integrity of an information system or information that is stored on, processed by, or transiting an information system.  6 U.S.C. 1501(5) 

“Cyber Threat Indicator”

“Cyber threat indicator” means information that is necessary to describe or identify: 

  1. Malicious reconnaissance, as defined in 6 U.S.C. 1501(12), including anomalous patterns or communications that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat or security vulnerability;
  2. A method of defeating a security control or exploitation of a security vulnerability;
  3. A security vulnerability, including anomalous activity that appears to indicate the existence of a security vulnerability;
  4. A method of causing a user with legitimate to access to an information system or information that is stored on, processed by, or transiting an information system to unwittingly enable the defeat of a security control or exploitation of a security vulnerability;
  5. Malicious cyber command and control, as defined in 6 U.S.C. 1501(11)
  6. The actual or potential harm caused by an incident, including a description of the information exfiltrated as a result of a particular cybersecurity threat;
  7. Any other attribute of a cybersecurity threat, if disclosure of such attribute is not otherwise prohibited by law; or
  8. Any combination thereof.

6 U.S.C. 1501(6)

“Defensive Measure” 

“Defensive measure” means an action, device, procedure, signature, technique, or other measure applied to an information system or information that is stored on, processed by, or transiting an information system that detects, prevents, or mitigates a known or suspected cybersecurity threat or security vulnerability.  The term does not include a measure that destroys, renders unusable, provides unauthorized access to, or substantially harms an information system or information stored on, processed by, or transiting such information system not owned by the private entity operating the measure or another entity that is authorized to provide consent and has provided consent to that private entity for operation of such measure.  6 U.S.C. 1507(7)

“Information System”

“Information system” has the meaning given the term in 44 U.S.C. 3502 and includes industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers.  6 U.S.C. 1501(9)

“Security Control” 

“Security control” means the management, operational, and technical controls used to protect against an unauthorized effort to adversely affect the confidentiality, integrity, and availability of an information system or its information.  6 U.S.C. 1501(16)

“Security Vulnerability”

“Security vulnerability” means any attribute of hardware, software, process, or procedure that could enable or facilitate the defeat of a security control.  6 U.S.C. 1501(17)

AUTHENTIFICATION OF ELECTRONIC COMMUNICATIONS

A digital signature may be used to authenticate a written electronic communication sent to TSBVI if it complies with rules adopted by the board.  Before adopting the rules, the board shall consider the rules adopted by the Department of Information Resources (DIR) and, to the extent possible and practicable, shall make the board’s rules consistent with DIR rules.  Gov’t Code 2054.060; 1 TAC 203

Adopted:         8/9/99

Amended:        1/31/03, 5/29/12, 1/25/13, 4/6/18

Reviewed:        4/1/05

SCHOOL MEALS PROGRAM

For students enrolled in the School who are eligible (at least 10%) for free meals breakfasts and lunch under the national school breakfast and national school lunch programs provided for by the Child Nutrition Act of 1966 (42 U.S.C. 1773), the Board shall participate in the national school breakfast and lunch programs and extend its benefits to all eligible students in the School.  TSBVI shall offer a free breakfast and lunch to each student within the parameters issued by the United States Department of Agriculture’s (USDA’s) identification of TSBVI as a Residential Child Care Institution (RCCI).  Texas Education Code 33.901 

SUMMER NUTRITION PROGRAM 

The Texas Department of Agriculture (TDA) has declared TSBVI exempt from this summer program and no annual waivers are required to be filed.  As a contracting entity of the Texas Department of Agriculture that is a Residential Child Care Institution (RCCI), TSBVI is permanently exempt. 

“Summer nutrition program” means the Summer Food Service Program under 42 U.S.C. 1761.  The term includes the seamless summer option under 42 U.S.C. 1761(a)(8).  Agriculture Code 12.0029

Adopted:         4/6/18                         
Amended:      
Reviewed:      

DAIRY PRODUCTS

The Board shall not purchase milk, cream, butter, cheese, or a product consisting largely of one or more of those items that has been imported from outside the United States. Health and Safety Code 435.021

IMPORTED BEEF

The School shall not purchase beef or a product consisting substantially of beef that has been imported from outside the United States.  Agriculture Code 150.012

Adopted: 3/7/80
Amended: 11/19/93, 4/6/18
Reviewed: 5/23/97, 1/24/02, 3/28/08

 

U.S. DEPARTMENT OF AGRICULTURE RULES

Foods determined to be of minimal nutritional value, as defined by the U.S. Department of Agriculture, shall not be sold in the food service areas during the breakfast, lunch, or supper periods. 7 CFR 210.30

MINIMUM STANDARDS FOR SCHOOL NUTRITION

TSBVI must ensure that all newly hired school nutrition program directors meet minimum hiring standards and ensure that all new and existing directors have completed the minimum annual training/education requirements for school nutrition program directors, as set forth in the Code of Federal Regulations.  7C.F.R. 210.30

TEXAS DEPARTMENT OF AGRICULTURE SCHOOL NUTRITION  POLICIES

TSBVI must comply with applicable rules adopted by the Texas Department of Agriculture (TDA), which administers federal and state nutrition programs including the National School Lunch Program (NSLP under 42.US.SC. Section 1751 et seq.; and the School Breakfast Program (SBP) under 42 U.S.C. Section 1773, Agriculture Code 12.0025

Definitions 

“School day” means the midnight before, to 30 minutes after, the end of the official school day. 

“School campus” means all areas of the property under the jurisdiction of the School that are accessible to students during the school day. 

.4 TAC 26.1 

ACCOUNTING FOR MEALS

TSBVI uses student cards or accounts to keep track of meals served for accounting purposes only.  All student meals are served without charge.

Exempt Fundraisers 

Schools that participate in the NSLP or SBP may sell food and beverages that do not meet nutritional standards outlines in 7 C.F.R. Parts 210 and 220 as part of a fundraiser, during the school day, for up to six days per school year on each school campus, provided that no specially exempted fundraiser foods or beverages may be sold in competition with school meals in the food service area during the meal service.  .4 TAC 26.2

Adopted:          3/7/80
Amended:        5/8/81, 9/21/84, 11/19/93, 5/23/97, 6/4/08, 4/6/18
Reviewed:        1/24/02

SAFETY STANDARDS

TSBVI shall meet or exceed the safety standards for school buses established by the Department of Public Safety (DPS) with the advice of TEA.

Trans. Code 547.102; 37 TAC 14.51, 14.52

STUDENT SAFETY

Prohibitions

TSBVI may not require or allow a child to stand on a moving bus or passenger van.  See Education Code 34.004.

An operator of a school bus, while operating the bus, shall prohibit a passenger from:

  1. Standing in the bus; or
  2. Sitting:
    1. On the floor of the bus, or
    2. In any location on the bus that is not designed as a seat.

Trans. Code 545.426

Seat Belts

Required on Buses

A bus, including a school bus, a school activity bus, multifunction school activity bus, or school-chartered bus, operated by or contracted for use by the School for the transportation of schoolchildren shall be equipped with a three-point seat belt for each passenger, including the operator.  This requirement does not apply to:

  1. A bus purchased by TSBVI that is a model year 2017 or earlier; or
  2. A bus purchased by TSBVI that is a model year 2018 or later if the board:
    1. Determines that the School’s budget does not permit TSBVI to purchase a bus that is equipped with the required seat belts; and
    2. Votes to approve that determination in a public meeting.

Transp. Code 547.701(e)

Seat Belt Enforcement

The School shall require a student riding a bus operated by or contracted for operation by TSBVI to wear a seat belt if the bus is equipped with seat belts for all passengers on the bus.  TSBVI may enforce this seat belt policy by using student discipline policies.  See Education Code 34.013, Student Code of Conduct

Donations

The Board shall consider any offer made by a person to donate three-point seat belts or money for the purchase of three-point seat belts.  The Board may acknowledge a person who donates three-point seat belts or money for the purchase of three-point seat belts for a school bus by displaying a small, discreet sign on the side or back of the bus recognizing the person who made the donation. The sign may not serve as an advertisement for the person who made the donation. 

Education Code 34.014

SCHOOL BUS EMERGENCY EVACUATION TRAINING

Pursuant to the safety standards established by DPS under Education Code 34.002, the School may conduct a training session for students and teachers concerning procedures for evacuating a school bus during an emergency.  If the School chooses to conduct this training session, the School is encouraged to conduct the school bus emergency evacuation training session in the fall of the school year.  The School is also encouraged to structure the training session so that the session applies to school bus passengers, a portion of the session occurs on a school bus, and the session lasts for at least one hour.

The training must be based on the recommendations of the most recent edition of the National School Transportation Specifications and Procedures, as adopted by the National Congress on School Transportation, or a similar school transportation safety manual.

Immediately before each field trip involving transportation by school bus, the School is encouraged to review school bus emergency evacuation procedures with the school bus passengers, including a demonstration of the school bus emergency exits and the safe manner to exit.

Not later than the 30th day after the date that the School completes a training session, the School shall provide DPS with a record certifying the School’s completion of the training.

See Education Code 34.0021

WIRELESS COMMUNICATION DEVICES

An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.    

See Transportation Code 545.425,(c),.4252

Definitions

“Hands-free device” means speakerphone capability, a telephone attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a wireless communication device or in a motor vehicle, that allows use of the wireless communication device without use of either of the operator’s hands, except to activate or deactivate a function of the wire- less communication device or hands-free device. The term includes voice-operated technology and a push-to-talk function.  Transp. Code 545.425(a)(1)

“Electronic message” means data that is read from or entered into a wireless communication device for the purpose of communicating with another person. Transp. Code 545.4251(a)(1)

DISRUPTION OF TRANSPORTATION

Any person other than a primary or secondary grade student who intentionally disrupts, prevents, or interferes with the lawful transportation of students to or from school or activities sponsored by the School on a vehicle owned and/or operated by TSBVI shall be guilty of a misdemeanor.  It is an exception to the application of the offense that, at the time the person engaged in the prohibited conduct, the person was younger than 12 years of age.  Education Code 37.126

If the illegal act is conducted through use or exhibition of a firearm, the person shall be guilty of a felony.  Education Code 37.125

37 TAC 14.65(a)(2)

EXHIBITION OF FIREARM

A person commits a third degree felony if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally:

  1. Exhibits or uses a firearm on a school bus being used to transport children to and from school-sponsored activities; or
  2. Threatens to exhibit or use a firearm on a bus as described above and was in possession of or had immediate access to the firearm.

A person commits a Class A misdemeanor if the person threatens to exhibit or use a firearm on a bus as described above. 

Education Code 37.125

Accident Reports 

Notice to DPS

TSBVI shall provide DPS written notification of any accident directly or indirectly involving a school bus operated by or for the School that bears advertising or another paid announcement.  37 TAC

14.65(a)(2) 

Notice must be received not more than five days from the date of the accident and shall include the following:

  1. The name and address of the owner of the school bus;
  2. The name and driver’s license number of the school bus operator;
  3. The date of the accident;
  4. The city or county where the accident occurred; and
  5. The investigating police agency. 

37 TAC 14.65(c) 

Notices to DPS may be delivered by facsimile, electronic mail, or mailed to School Bus Transportation, Texas Department of Public Safety, P.O. Box 4087, Austin, TX  78773-0525. 37 TAC 14.65(d)

Notice to TEA 

TSBVI shall report annually to TEA the number of accidents in which its buses were involved in the past year in a manner prescribed by the commissioner.   TSBVI shall file the annual report to TEA only in the period beginning July 1 and ending July 31 and shall include the following information in the report: 

  1. The total number of bus accidents;
  2. The date each accident occurred;
  3. The type of bus, as specified in 19 Texas Administrative Code 61.1028(a), involved in each accident;
  4.  Whether the bus involved in each accident was equipped with seat belts and, if so, the type of seat belts;
  5. The number of students and adults involved in each accident;
  6. The number and types of injuries that were sustained by the bus passengers in each accident; and
  7. Whether the injured passengers in each accident were wearing seat belts at the time of the accident and, if so, the type of seat belts.

TSBVI shall report a bus accident involving a school bus, a multifunction school activity bus, a school activity bus, or a motor bus if:

  1. The bus is owned, leased, contracted, or chartered by a TSBVI and was transporting School personnel, students, or a combination of personnel and students; or
  2. The bus was driven by a TSBVI employee or by an employee of the School’s bus contractor with no passengers on board and the accident involved a collision with a pedestrian.

Exceptions

TSBVI shall not report a bus accident involving a school bus, a multifunction school activity bus, a school activity bus, or a motor bus if:

  1. The bus was driven by a TSBVI employee or by an employee of the school’s bus contractor, the accident occurred when no passenger other than the School’s driver or bus contractor’s driver was on board the bus, and the accident did not involve a collision with a pedestrian; or
  2. The accident involved a bus chartered by the School for a TSBVI activity trip and no School personnel or students were on board the bus at the time of the accident.

TSBVI shall not report an accident that occurred in a vehicle that is owned, contracted, or chartered by TSBVI and is not a school bus, a multifunction school activity bus, a school activity bus, or a motor bus. 

Education Code 34.015(b); 19 TAC 61.1028(b)

 

Reporting of School Bus Evacuation Training:  http://www.dps.texas. gov/Internetforms/FormDetail.aspx?Id=821&FormNumber=SBT-7.doc

Adopted:          4/9/10
Amended:        4/6/18
Reviewed:        

AUTHORIZATION TO PURCHASE VEHICLES

The School may purchase school motor vehicles through the Texas Comptroller of Public Accounts.  

NEW VAN PURCHASES OR LEASES 

TSBVI may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the School to transport preprimary, primary, or secondary school students to or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multi-function school activity buses under federal law.  This provision does not apply in some limited circumstances. 

49 U.S.C. 30112

MAINTENANCE

School buses operated by the School shall be maintained and inspected as required by the Transportation Code.

Transp. Code 548

REGISTRATION 

School owned vehicles used exclusively for the School are exempt from the state registration fee; however, they shall be registered in accordance with general statutes relating to motor vehicle registration.

Transp. Code 502.202

IDENTIFICATION

Exempt license plates shall not be issued to vehicles unless the applicant for registration certifies in writing that the name of the School is printed on each side of the vehicle, in letters that are at least two inches high or in an emblem that is at least 100 square inches in size.  The letters or emblem must be of a color sufficiently different from the body of the vehicle to be clearly legible from a distance of 100 feet.  

Transp. Code 502.2015

SALE OF BUSES 

When any school buses owned by the School are to be sold, traded in, or otherwise disposed of, they shall be disposed of by the Texas Facilities Commission or by the Board, under such rules and regulations as the Texas Facilities Commission may provide. 

SCHOOL BUS ADVERTISING

The Superintendent shall not allow the exterior of any school vehicle to bear advertising or another paid announcement directed at the public. 

NONSCHOOL USE 

The Board may contract with nonschool organizations for use of school buses. 

Education Code 34.010(a)

The Board may provide services for the maintenance and operation of buses used by nonschool organizations in accordance with the contracts for such use.

Education Code 34.010

Adopted:          3/12/82
Amended:        6/29/84, 5/27/93, 9/29/95, 5/23/97, 3/21/03, 11/19/04, 3/28/08, 4/9/10, 4/6/18
Reviewed:        1/24/02

ENERGY AND WATER AUDITS

TSBVI shall review and audit utility billings and contracts to detect billing errors.  Any contract with a private person to conduct the review or audit must comply with all applicable provisions of Subchapter A, Chapter 2254, regarding professional services contracts.  The contract may not be awarded on a contingent fee basis unless the governor determines that the contract is necessary, reasonable, and prudent.  Texas Government Code 447.007

Reduction of Energy Consumption 

The Board shall establish a long-range energy plan to reduce TSBVI’s annual electric consumption by five percent beginning with the 2008 state fiscal year and consume electricity in subsequent fiscal years in accordance with the School’s energy plan.  The plan must include:

  1. Strategies for achieving energy efficiency, including facility design and construction, that:
    1. Result in net savings for the School; or
    2. Can be achieved without financial cost to TSBVI; and
  2. For each strategy identified above, the initial, short-term capital costs and lifetime costs and savings that may result from implementation of the strategy. 

In determining whether a strategy may result in financial cost to the School, the Board shall consider the total net costs and savings that may occur over the seven-year period following implementation of the strategy. 

The Board may submit the plan to the State Energy Conservation Office for the purposes of determining whether funds available through loan programs administered by the office or tax incentives administered by the state or federal government are available to the School. 

The Board may not disallow any proper allocation of incentives.

Education Code 44.902

Energy or Water Conservation Measures

“Energy savings performance contract” has the meaning assigned by Local Government Code 302.001.

Each energy or water conservation measure must comply with current local, state, and federal construction, plumbing, and environ- mental codes and regulations.  An energy savings performance contract may not include improvements or equipment that allow or cause water from any condensing, cooling, or industrial process or any system of non-potable usage over which the public water supply system officials do not have sanitary control, to be returned to the potable water supply.

The Board may enter into energy savings performance contracts only with persons who are experienced in the design, implementation, and installation of the energy or water conservation measures addressed by the contract.

The contracting and delivery procedures for construction projects described at Government Code Chapter 2269 do not apply to energy savings performance contracts.  The Texas Facilities Commission provides all construction projects and facilities maintenance for TSBVI.  Education Code 30.022(h-1)

Performance Bond 

Before entering an energy savings performance contract, the Board shall require the provider of the energy or water conservation measures to file a payment and performance bond relating to the installation of the measures in accordance with Government Code Chapter 2253.  The Board may also require a separate bond to cover the value of the guaranteed savings on the contract.

Financing 

An energy savings performance contract may be financed:

  1. Under a lease/purchase contract that has a term not to exceed 20 years from the final date of installation and that meets federal tax requirements for tax-free municipal leasing or long-term financing.
  2. Under a contract with the provider of the energy or water conservation measures that has a term not to exceed the lesser of 20 years from the final date of installation or the average useful life of the energy or water conservation or usage measures.

Notwithstanding other law, the Board may use any available money to pay the provider of the energy or water conservation measures, and the Board is not required to pay for such costs solely out of the savings realized by the School under an energy savings performance contract.

An energy savings performance contract for energy or water conservation measures shall contain provisions requiring the provider of the energy or water conservation measures to guarantee the amount of the savings to be realized by TSBVI under the contract.  If the term of an energy savings performance contract exceeds one year, the School’s contractual obligations in any one

year during the term of the contract beginning after the final date of installation may not exceed the total energy, water, wastewater, and operating cost savings, including electrical, gas, water, wastewater, or other utility cost savings and operating cost savings resulting from the measures as determined by TSBVI, divided by the number of years in the contract term.

Contract Procurement

An energy savings performance contract shall be let according to the procedures established for professional services by Government Code 2254.004 (the Professional Services Procurement Act). [See CH]  Notice of the request for qualifications shall be published in the manner provided for competitive bidding.

The Board may contract with the provider of the energy or water conservation measures to perform work that is related to, connected with, or otherwise ancillary to the measures identified in the scope of an energy savings performance contract.

Cost Savings Review

Before entering into an energy savings performance contract, the Board must require that the cost savings projected by an offeror be reviewed by a licensed professional engineer who has a minimum of three years of experience in energy calculation and review, is not an officer or employee of an offeror for the contract under re- view, and is not otherwise associated with the contract.  In conducting the review, the engineer shall focus primarily on the proposed improvements from an engineering perspective, the methodology and calculations related to cost savings, increases in revenue, and, if applicable, efficiency or accuracy of metering equipment.  An engineer who reviews a contract shall maintain the confidentiality of any proprietary information the engineer acquires while reviewing the contract.

Education Code 44.901 

Energy Usage Report 

TSBVI shall record in an electronic repository the School’s metered amount of electricity, water, or natural gas consumed for which it is responsible to pay and the aggregate costs for those utility services.  TSBVI shall report the recorded information on a publicly accessible Internet website with an interface designed for ease of navigation if available, or at another publicly accessible location. Gov’t Code 2265.001

Light Bulbs

TSBVI shall rely upon the Texas Facilities Commission to purchase for use in each type of light fixture in an instructional facility the commercially available model of light bulb that:

  1. Uses the fewest watts for the necessary luminous flux or light output;
  2. Is compatible with the light fixture; and
  3. Is the most cost-effective, considering the factors described above.

Education Code 30.022(h-1), 44.903 

[See CS for energy conservation measures related to outdoor lighting fixtures]

LONG-RANGE PLAN FOR UTILITIES 

TSBVI shall develop and implement a long-range plan for the delivery of reliable, cost-effective utility services and submit the plan to the state energy conservation office upon request.  TSBVI shall use the plan in preparing its five-year construction and major renovation plans.  After other energy-saving or water-saving alternatives are considered, heating and cooling or on-site generation of electricity may be considered in planning for reliable, efficient, and cost-effective utility services.  Government Code 447.002, 47.009

Recycling Program 

In cooperation with the Texas Facilities Commission, or the Texas Commission on Environmental Quality (TCEQ), TSBVI shall establish a program for the separation and collection of all recyclable materials generated by the School’s operations, including at a minimum, aluminum, steel containers, aseptic packaging, polycoated paperboard cartons, high-grade office paper, and corrugated cardboard.  “Recyclable materials” includes materials in a School’s possession that have been abandoned or disposed of by the School’s officers or employees or by any other person.

TSBVI shall also:

  1. Provide procedures for collecting and storing recyclable materials, provide containers for recyclable materials, and provide procedures for making contractual or other arrangements with buyers of recyclable materials.
  2. Evaluate the amount of recyclable material recycled and modify the recycling program as necessary to ensure that all recyclable materials are effectively and practicably recycled.
  3. Establish educational and incentive programs to encourage maximum employee participation. 

Health and Safety Code 361.425, Education Code 30.022(h-1) 

Pools

Generally

An owner, manager, operator, or other attendant in charge of a public swimming pool, wading pool, baby pool, hot tub, in-ground spa, spray fountain, or other artificial body of water typically used for recreational swimming, bathing, or play shall comply with relevant pool safety standards necessary to prevent drowning adopted by the executive commissioner of the Health and Human Services Commission.  Health and Safety Code 341.0645; 25 TAC 265.181–.208

Drains 

Each public pool and spa shall comply with the drain cover standards found at 15 U.S.C. Section 8003. “Public pool and spa’’ means a swimming pool or spa that is open to the public generally, whether for a fee or free of charge.  15 U.S.C.8003

Adopted:          3/7/80
Amended:        1/29/93, 11/19/93, 3/25/94, 1/24/97, 1/25/08, 4/6/18
Reviewed:        1/24/02

Security Personnel

TSBVI employs security personnel to carry out the provisions of Education Code Chapter 37, Subchapter C, relating to law and order.

Jurisdiction

The TSBVI Board shall determine the jurisdiction of security personnel, which may include all territory in the boundaries of the School and all property outside the boundaries of the School that is owned, leased, or rented by or otherwise under the control of TSBVI.

Adopted:         4/6/18
Amended:      
Reviewed: