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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

All TSBVI building construction that is financed wholly or partly by a specific appropriation, a bond issue, or federal money, including acquisition and reconstruction, shall be administered by the Texas Facilities Commission.

Texas Gov't Code 2166.002, 2166.052

Adopted:          3/7/80
Amended:        1/14/83, 5/27/93, 11/17/95, 5/23/97, 11/14/97, 6/4/08
Reviewed:        1/24/02, 4/3/09

FIRE ESCAPES

The board shall ensure that each school building that is two or more stories shall have such fire escapes as are required by law.

Health and Safety Code 791.002, 791.035, 791.036

STANDARDS

Construction and  renovation of TSBVI buildings will be in accordance with all federal and state standards applicable to TSBVI, including the provisions of Texas Government Code Chapter 2166.

READILY ACCESSIBLE PROGRAMS

No qualified individual with a disability shall, because of the School's facilities are inaccessible to, or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, and activities of the School, or be subject to discrimination. 42 U.S.C. 12132; 28 CFR 35.149; 29 U.S.C. 794; 34 CFR 104.21

The School shall operate each program, service, or activity so that when viewed in its entirety it is readily accessible to, and usable by, individuals with disabilities. The School is not, however, required to make each existing facility, or every part of a facility, accessible to, and usable by, individuals with disabilities.

Compliance with these requirements may be achieved by:

  1. Redesigning equipment.
  2. Reassigning classes, or other services, to accessible buildings.
  3. Assigning aides to qualified individuals with disabilities.
  4. Home visits.
  5. Delivery of services at alternate accessible sites.
  6. Alteration of existing facilities.
  7. Constructing new facilities that comply with 34 C.F.R. 104.23 and 28 C.F.R. 35.151.
  8. Any other methods that would result in making services, programs and activities accessible to individuals with disabilities.

Structural changes in existing facilities need not be made when other methods will achieve compliance with Title II of the Americans with Disabilities Act and its implementing regulation. In choosing among available alternatives for meeting these requirements, the Board shall give priority to methods that offer services, programs and activities to qualified individuals with disabilities in the most integrated setting appropriate.

28 C.F.R. 35.150; 34 C.F.R. 104.22

Review of Plans

All plans and specifications for construction or for the substantial renovation, modification, or alteration of a School building or facility that has an estimated construction cost of $50,000 or more shall be submitted to the Department of Licensing and Regulation for review and approval.  The School as owner of the building or facility may not allow an application to be filed with a local governmental entity for a building construction permit related to the plans and specifications or allow construction, renovation, modification, or alteration of the building or facility to begin before the date the plans and specifications are submitted to the Department by the architect, interior designer, landscape architect, or engineer.

The School as owner of each building or facility that has an estimated construction, renovation, modification, or alteration cost of at least $50,000 is responsible for having the building or facility inspected for compliance with the standards and specifications adopted by the Commission of Licensing and Regulation not later than the first anniversary of the date that construction or substantial renovation, modification, or alteration of the building or facility is completed.  The inspection must be performed by the Department, an entity with whom the Commission contracts, or a person who holds a certificate of registration to perform inspections.

Govt Code 469.101, 469.102(c), 469.105

Notice

Any interested person, including those with impaired vision and hearing, can obtain information as to the existence and location of TSBVI services, activities, and facilities that are accessible to, and usable by, handicapped persons by contacting the TSBVI Superintendents Office. 34 C.F.R. 104.22(f)

PLAYGROUNDS

Public funds may not be used to purchase playground equipment, or surfacing, for the area under and around the equipment if either purchase does not substantially comply with each applicable provision of the Handbook for Public Playground Safety, published by the U. S. Consumer Product Safety Commission.

Exception

Public funds may be used to maintain playground equipment, or surfacing, that was purchased before September 1, 1997, even if they do not comply with the Playground Safety Handbook.

Health and Safety Code 756.061

OUTDOOR LIGHTING FIXTURES

An outdoor lighting fixture that is designed, installed, or replaced on or after September 1, 1999, may be installed, replaced, maintained, or operated using state funds only if the fixture meets the specific energy conservation and light pollution standards in Health and Safety Code Chapter 425.

Exceptions

The standards for state-funded outdoor lighting fixtures do not apply when:

  1. Preempted by federal law, rule, or regulation;
  2. Emergency personnel temporarily require additional illumination for emergency procedures;
  3. The lighting fixture is used temporarily for nighttime work;
  4. Special events or circumstances require additional illumination;
  5. The fixture is used solely to enhance the aesthetic beauty of an object; or
  6. A compelling safety interest cannot be addressed by another method.

TEST OF NATURAL GAS PIPING

At least every two years, before the beginning of the school year and in strict compliance with the time frames established by Railroad Commission rule, the School shall pressure test the natural gas piping system in each School facility.  The testing may be performed on a two-year cycle under which the School pressure tests the natural gas piping system in approximately one-half of the facilities each year.  If the School operates one or more School facilities on a year-round calendar, the pressure test in each of those facilities shall be conducted and reported not later than July 1 of the year in which the pressure test is performed.

Utilities Code 121.502; 16 TAC 8.230(c)(4)

Railroad Commission Rules

The Railroad Commission of Texas has adopted rules to enforce this policy.  Each School facility described in Commission rules shall be tested in accordance with the procedures and timetables implemented by Commission rules. 

16 TAC 8.230

Standards and Procedures

A test performed under a municipal code in compliance with Railroad Commission rules shall satisfy the pressure testing requirements.  Utilities Code 121.502(d); 16 TAC 8.230(c)(1)

The pressure test shall determine whether the natural gas piping downstream of a School facility meter holds at least normal operating pressure over a specified period determined by the Railroad Commission.  During the pressure test, each system supply inlet and outlet in the facility must be closed.  The pressure test shall be performed by a person qualified in accordance with the testing procedures established by Railroad Commission rules.  At the Schools request, the Railroad Commission shall assist the School in developing a procedure for conducting the test.  Utilities Code 121.503; 16 TAC 8.230(c)(2), (3)

Notice

The School shall provide written notice to the Schools natural gas supplier specifying the date and result of each pressure test or other inspection.  The supplier shall develop procedures for receiving such written notice from the School.  Utilities Code 121.504(a); 16 TAC 8.230(c)(1)

Termination of Service

The supplier shall terminate service to a School facility if:

  1. The supplier receives official notification from the firm or individual conducting the test of a hazardous natural gas leakage in the facility piping system; or
  2. A test or other inspection is not performed as required.

Utilities Code 121.505(a)

The supplier shall develop procedures for terminating service to the School if:

  1. The natural gas supplier receives notification of a hazardous natural gas leak in the school facility piping system; or
  2. The natural gas supplier does not receive written notification from the School specifying the completion date and results of the testing.

16 TAC 8.230(b)(2)

Reporting Leaks

An identified natural gas leakage in a School facility must be reported to the Board.  The firm or individual conducting the natural gas piping test shall immediately report any hazardous natural gas leak in a School facility to Board and to the Schools natural gas supplier.  Utilities Code 121.506; 16 TAC 8.230(c)(6)

LP-GAS SYSTEMS TESTING

At least biennially, the School shall perform pressure tests for leakage on the LP-gas piping system in each School facility before the beginning of the school year.  The School may perform the pressure tests on a two-year cycle under which the tests are performed for the LP-gas piping systems of approximately half of the facilities each year.  If the School operates one or more School facilities on a year-round calendar, the pressure test in each of those facilities must be conducted and reported not later than July 1 of the year in which the test is performed.

A test performed under a municipal code satisfies the pressure testing requirements.

Natural Resources Code 113.352; 16 TAC 9.41

Requirements of Test

The School shall perform the pressure test to determine whether the LP-gas piping system holds at least the amount of pressure specified by the National Fire Protection Association 54, National Fuel Gas Code.  The pressure test must be conducted in accordance with National Fire Protection Association 54.

The Railroad Commission, upon request, shall assist the School in providing for the certification of a School employee to conduct the test and in developing a procedure for conducting the test.

Natural Resources Code 113.353

Before the introduction of any LP-gas into the LP-gas piping system, the School shall provide verification to its supplier that the piping has been tested.

Notice

The School shall provide written notice to the Railroad Commission specifying the date and the result of each pressure test or other inspection of the LP-gas piping system within one week of the date each test is performed.

Natural Resources Code 113.354; 16 TAC 9.41

Termination of Service

A supplier shall terminate service to a School facility if:

  1. The supplier receives official notification from the firm or individual conducting the test of a hazardous leakage in the facility LP-gas piping system; or
  2. A test at the facility is not performed as required.

Natural Resources Code 113.355

Reporting Leaks

An identified LP-gas leakage in a School facility shall be reported to the board and the LP gas system shall be removed from LP gas service until repairs are made and another test passed.  Natural Resources Code 113.356; 16 TAC 9.41(b)(3)

INTRASTATE PIPELINE EMERGENCY RESPONSE PLAN

The Railroad Commission shall require the owner or operator of each intrastate hazardous liquid or carbon dioxide pipeline facility, any part of which is located within 1,000 feet of a public school building containing classrooms, or within 1,000 feet of another public school facility where students congregate, to:

  1. On written request from the School, provide in writing the following parts of a pipeline emergency response plan that are relevant to the school:
    1. A description and map of the pipeline facilities that are within 1,000 feet of the School building or facility;
    2. A list of any product transported in the segment of the pipeline that is within 1,000 feet of the School facility;
    3. The designated emergency number for the pipeline facility operator;
    4. Information on the states excavation one-call system; and
    5. nformation on how to recognize, report, and respond to a product release; and
  2. Mail a copy of the requested items by certified mail, return receipt requested, to the School Superintendent. 

A pipeline operator or the operators representative shall appear at a regularly scheduled meeting of a Board to explain the above items if requested by the Board or School. 

The Railroad Commission may not require the release of parts of an emergency response plan that include security sensitive information, including maps or data.  Security sensitive information shall be made available for review by but not provided to a board.

Natural Resources Code 117.012(k), (l), (m); 16 TAC 8.315

Adopted: 11/7/80
Amended: 11/11/83, 5/29/87, 1/29/93, 5/27/93, 9/24/93, 11/14/97, 1/24/02, 3/28/08
Reviewed: 4/3/09

DEFERRED COMPENSATION

For purposes of deferred compensation programs, TSBVI is an agency of the State of Texas and, as such, participates in the state's Deferred Compensation Program which is administered by the Texas Employees Retirement System and which operates in accordance with Chapter 609, Subchapter C, Government Code.

Gov't Code, Ch. 609

ANNUITIES

The Board may enter into agreements with its employees for the purchase of annuities, or for contributions to any type of investment for its employees as authorized in Section 403(b) of the Internal Revenue Code of 1954 as it existed on January 1, 1981. In the event the Board enters any such agreement, employees are entitled to designate any agent, broker, or company through which the annuity, or investment, is to be purchased.

Art. 6228a-5, V.A.T.S.

The Board may, under Article 6228a-5, contract on behalf of its employees to purchase annuities and other investments from any type of seller generally authorized by Texas laws to sell such annuities and investments.

Atty. Gen. Op. No. MW-570(1982)

Adopted: 3/12/82
Amended: 9/27/90, 9/29/95, 5/28/03
Reviewed: 9/24/99, 11/21/03

CRG - 1 of 1

Texas School for the Blind and Visually Impaired shall comply with the provisions of the Texas Unemployment Compensation Act.

Labor Code Chapter 201

HOLIDAYS AND VACATIONS

Employees shall be ineligible to receive benefits if:

  1. They perform instructional, research, or principal administrative services and have a contract or reasonable assurance of performing such services for TSBVI during the next academic year or term.
  2. They perform other services for TSBVI and have reasonable assurance of performing such services during the next academic year or term.
  3. They perform services described above immediately before a vacation period or holiday recess and have reasonable assurance of performing such services during the period following such vacation or holiday recess.

Labor Code 207.041

MANNER OF CONTRIBUTION

The School shall reimburse the Unemployment Compensation Special Administration Fund from its legislative appropriations for one-half of the unemployment benefits paid to the School's former employees whose payroll warrants were originally issued in whole, or part, from the General Revenue Fund dedicated General Revenue Fund accounts and Other Special Fund appropriations.

See General Appropriations Act, Article IX, Sec. 6.33, 2003.

The School shall reimburse the Unemployment Compensation Special Administration Fund from its legislative appropriations for all of the unemployment benefits paid to the School's former employees whose positions were funded through Federal grants.

See General Appropriations Act, Article IX, Sec.6.33, 2003.

Adopted: 9/10/82
Amended: 9/9/83, 11/11/83, 3/25/94, 11/17/95, 1/23/98, 11/22/02, 11/19/04
Reviewed:

For purposes of workers' compensation insurance, 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 self-insurance program which is administered through the State Office of Risk Management. All rules, regulations, and procedures of that program shall be observed.

NOTICE

Notice of the provision for workers' compensation benefits, and the effective date of the coverage shall be given to the School's employees.

Labor Code 504.018

OMBUDSMAN PROGRAM

The School shall notify its employees, in a manner prescribed by the commission, of the commission's ombudsman program to assist injured workers and persons claiming death benefits in obtaining benefits under the Texas Workers' Compensation Act.

Labor Code 404.153

REPORTS OF SAFETY VIOLATIONS

The School shall notify its employees, in the manner prescribed by the commission, of the 24-hour-a-day toll-free telephone system for reporting violations of an occupational health, or safety law. The School shall not suspend, terminate, or otherwise discriminate against an employee for making a good faith report of a violation of an occupational health, or safety law.

Labor Code 411.081, 411.082

DISCRIMINATION PROHIBITED

A person may not discharge, or in any other means discriminate against, an employee because the employee has:

  1. Filed a workers' compensation claim in good faith.
  2. Hired a lawyer to represent the employee in a claim.
  3. Instituted, or caused to be instituted in good faith, a proceeding under the Texas Workers' Compensation Act.
  4. Testified, or is about to testify, in a proceeding under the Texas Workers' Compensation Act.

Labor Code 451.001

A person who violates the above provision is liable for reasonable damages incurred by the employee as a result of the violation, and an employee discharged in violation of the above provision is entitled to reinstatement in the former position of employment. The burden of proof in a proceeding, alleging violation of the above provision, is on the employee.

Labor Code 451.002

LEAVES OF ABSENCE

The School shall not terminate an employee who is on an unpaid leave of absence and receiving workers' compensation benefits, except when the termination is for a legitimate reason independent from the employee's workers' compensation claim.

Atty. Gen. Op. JM-227(1984)

If the School terminates an employee for violating a reasonable absence-control policy, the School cannot be liable for prohibited discrimination as long as the rule is uniformly enforced.

Continental Coffee Products Co. v. Cazarez, 937 S.W.2d 444 (Tex. 1996) [See DEC (LEGAL) at ABSENCE CONTROL]

PROCEDURE

The Superintendent shall develop procedures to implement the provisions of the Texas Workers' Compensation Commission Act.

REIMBURSEMENT

The School shall transfer to the State Office of Risk Management its assessed allocation amounts for workers' compensation coverage for School employees from funding in the same proportion as the School's expected payroll funding, including General Revenue Funds, dedicated General Revenue Fund accounts, Other Funds or local bank accounts.

General Appropriations Act, Article IX Section 6.30(c)

Adopted: 5/28/92

Amended: 11/17/95, 5/21/98, 11/19/99, 3/26/04, 11/18/05

Reviewed: 5/24/96, 11/22/02

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 School may purchase or acquire liability insurance to protect members of the board and the School’s executive management staff to:

  1. protect against any type of liability to third persons that may be incurred while conducting School business; and
  2. provide for all costs of defending against that liability, including court costs and attorney’s fees.

The School may use any available funds to purchase or acquire insurance under this policy; a specific statement by the legislature that a particular appropriation of funds may be used to purchase or acquire insurance is not a prerequisite to using funds to purchase or acquire insurance under this policy. 
Texas Government Code 612.004.

To purchase or acquire liability insurance under this policy, the board must take action at a regularly scheduled meeting.

EMPLOYEE LIABILITY INSURANCE

As an element of employees’ compensation, the School may purchase necessary liability insurance in the name of such employees who are exposed to individual liability by virtue of their official duties.

Atty. Gen. Op. M-989 (1971)

TORT CLAIMS ACT LIABILITY INSURANCE

The school may purchase insurance protection against claims for property damage, personal injury, or death proximately caused by the negligence, wrongful act, or omission of the School’s officers or employees, acting within the scopr of their employment or office, and arising from the operation or use of a motor vehicle under circumstances where such officers or employees would be personally liable to the claimant in accordance with the laws of Texas.

Civ. Prac. & Rem. Code 101.021, 101.027(a)

EMPLOYEE LIABILITY INSURANCE FOR USE OF A MOTOR VEHICLE

The School may insure its employees against liability arising out of the operation, maintenance, or use of a motor vehicle or item of power equipment.  If the School elects to do so, the School shall purchase one or more policies from a liability insurance company authorized to transact business in Texas.  The liability insurance purchased under this policy must be provided on policy forms approved by the State Board of Insurance as to form and by the attorney general as to liability coverage.

If the School elects not to insure its employees against liability arising out of the operation, maintenance, or use of a motor vehicle or item of power equipment,  an employee of the School is entitled to reimbursement, in addition to any compensation provided in the General Appropriations Act, from maintenance funds of the School, for any amount spent by the employee for liability insurance that is required by the agency.

The comptroller shall provide forms for claims of employee reimbursement for purchase of required liability insurance.  The forms shall require certification from the Superintendent that:

  1. a regular part of the employee's duties is the operation of a state-owned motor vehicle, item of power equipment, aircraft, or motorboat or other watercraft; and
  2. the School requires the employee to maintain liability insurance as a prerequisite to the operation of a state-owned motor vehicle or item or power equipment.

Texas Government Code 612.002.

HABILITATIVE OR REHABILITATIVE WORK PROGRAM

From the proceeds of any habilitative or rehabilitative work program for students who are mentally ill or developmentally disabled, the School may purchase insurance to cover liability arising from the operation of the program if a contractor under the program does not accept indemnification provisions by the state as sufficient. 
Texas Government Code 612.003.

Adopted: 5/23/97
Amended: 9/26/97, 1/24/02, 11/20/09
Reviewed: 3/26/04, 4/1/05

PEIMS

The School shall participate in the Public Education Information Management System (PEIMS) and through that system shall provide information by appropriate provisions of the Education Code and Texas Administrative Code 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 97.1012.

CHILDREN’S INTERNET PROTECTION ACT

Under the Children’s Internet Protection Act (CIPA), the School 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” 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)

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

UNIVERSAL SERVICE DISCOUNTS

An elementary or secondary school having computers with Internet access may not receive universal service discount rates unless a district implements an Internet safety policy, submits certifications to the FCC, 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)

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)

As part of its Internet safety policy, the School shall educate minors about appropriate online behavior, including interacting with other individuals on social networking Web sites and in chat rooms and cyberbullying awareness and response. 47 U.S.C. 254(h)(5)(B)(iii)

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

Public Hearing

The School 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), (l)(1)

“Inappropriate for Minors”

The Superintendent or designee shall develop and implement administrative regulations to determine what matter is considered inappropriate for minors. 47 U.S.C. 254(l)(2)

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)

Exception for Adults

An administrator, supervisor, or other person authorized by the School 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)

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)

CERTIFICATIONS TO THE FCC

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:

  1. An Internet safety policy has been adopted and implemented.
  2. With respect to use by minors, the School is enforcing the Internet safety policy, educating minors about appropriate online behavior as part of its Internet safety policy, and operating a technology protection measure during any use of the computers.
  3. With respect to use by adults, the School is enforcing an Internet safety policy and operating a technology protection measure during any use of the computers.

47 U.S.C. 254(h)(5); 47 CFR 54.520

ESEA FUNDING

Federal funds made available under Title II, Part D of the ESEA for an elementary or secondary school that does not receive universal service discount rates may not be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet unless a district:

  1. Has in place a policy of Internet safety for minors that includes the operation of a technology protection measure that protects against access to visual depictions that are obscene, child pornography, or harmful to minors and enforces the operation of the technology protection measure during any use by minors of its computers with Internet access; and
  2. Has in place a policy of Internet safety that includes the operation of a technology protection measure that protects against access to visual depictions that are obscene or child pornography; and enforces the operation of the technology protection measure during any use of its computers with Internet access.

A district may disable the technology protection measure to enable access to bona fide research or for another lawful purpose.

CERTIFICATION TO DOE

A district shall certify its compliance with these requirements to the DOE as part of the annual application process for each program funding year under the ESEA.

20 U.S.C. 6777

SECURITY BREACH NOTIFICATION

To Individuals

The School shall disclose, in accordance with the notice provisions at 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

The School shall notify the owner or license holder, in accordance with Business and Commerce Code 521.053(e), of the information 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

The School 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.

Definitions

“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” 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

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

A person is prohibited from obtaining, altering, or preventing authorized access to a wire or electronic communication while it is in electronic storage by:

  1. Intentionally accessing without authorization a
  2. facility through which an electronic communication service is provided; or
  3. Intentionally exceeding an authorization to access that facility.

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(a), (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, photo­electronic or photooptical system that affects interstate or foreign commerce. 18 U.S.C. 2510(12)

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)

Messages that have been sent to a person, but not yet opened, are in temporary, intermediate storage and are considered to be in electronic storage. See Steve Jackson Games, Inc. v. United States Secret Service, 36 F.3d 457 (5th Cir. 1994). Electronic communications that are opened and stored separately from the provider are considered to be in post-transmission storage, not electronic storage. See Fraser v. Nationwide Mut. Ins. Co., 352 F.3d 107 (3d Cir. 2004).

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)

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)

AUTHENTIFICATION OF ELECTRONIC COMMUNICATIONS

A digital signature may be used to authenticate a written electronic communication sent to a district 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

Reviewed:        4/1/05