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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:      

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:      

Notification of Criminal History

A person or business entity that enters into a contract with TSBVI must give notice to TSBVI if the person or an owner or operator of the business entity has been convicted of a felony.  The School may terminate a contract with a person or business entity if the School determines that the person or business entity failed to give such notice or misrepresented the conduct resulting in the conviction.  TSBVI must compensate the person or business entity for services performed before the termination of the contract.  Education Code 44.034

Criminal History—Certain Contractor Employees

Contractor Responsibilities 

Employed Before January 1, 2008

An entity that contracts with the School; to provide services and any subcontractor of the entity shall obtain from any law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C.  Section 1681 et seq.), all criminal history record information that relates to an employee of the entity who is employed before January 1, 2008, and who is not subject to a national criminal history record information review under Education Code 22.0834(b) if: 

  1. The employee has continuing duties related to the contracted services; and
  2. The employee has direct contact with students.

Education Code 22.0834(g)

Employment Offered on or After January 1, 2008

A person who, on or after January 1, 2008, is offered employment by an entity that contracts with TSBVI or any subcontractor of the entity must submit to a national criminal history record information review if:

  1. The employee or applicant has or will have continuing duties related to the contracted services; and
  2. The employee or applicant has or will have direct contact with students.

The person must submit to the review before being employed or serving in a capacity described above.

An entity contracting with TSBVI and any subcontractor of the entity shall obtain all criminal history record information that relates to a person described above through the criminal history clearinghouse as provided by Government Code 411.0845.

A contracting entity shall require that a subcontracting entity obtain all criminal history record information that relates to a person described above.

Education Code 22.0834(a), (b), (d), (l) 

Education Code 22.0834 does not apply to a contracting entity, subcontracting entity, or other person subject to Education Code 22.08341[See Criminal History—Certain Public Works Contractors, below] Education Code 22.0834(a-1)

Certification to TSBVI

The entity and any subcontractor of the entity shall certify to TSBVI that it received all of the criminal history record information required above.  The entity and any subcontractor of the entity shall also certify that it will take reasonable steps to ensure that the conditions or precautions that have resulted in a determination that any person is not a covered contract employee continue to exist throughout the time that the contracted services are provided.   Education Code 22.0834(d), (l); 22 TAC 153.1117(c)(5)

A subcontracting entity must certify to TSBVI and the contracting entity that the subcontracting entity has obtained all criminal history record information that relates to an employee described above at “Employment Offered On or After January 1, 2008”, and has obtained similar written certifications from the subcontracting entity’s subcontractors.  Education Code 22.0834(n)

A contracting entity and any subcontractor of the entity shall provide TSBVI, at its request, the information necessary for the School to obtain criminal history record information for all covered contract employees.  22 TAC 153.1117(c)(4)

A contracting entity complies with the requirements of this section if the contracting entity obtains a written statement from each subcontracting entity certifying that the subcontracting entity has obtained the required criminal history record information for employees of the subcontracting entity and the subcontracting entity has obtained certification from each of the subcontracting entity’s subcontractors.  Education Code 22.0834(m)

Disqualifying Conviction

A contracting or subcontracting entity may not permit a person described above at “Employment Offered On or After January 1, 2008”, to provide services at a school if the employee has been convicted of a felony or misdemeanor offense that would prevent a person from being employed under Education Code 22.085(a).  Education Code 22.0834(o) 

A service contractor shall not permit a covered contract employee to provide services at TSBVI if the employee has a disqualifying conviction under Education Code 22.085.  22 TAC 153.1117(c)(6)

TSBVI may not allow a covered contract employee to serve at the School if the School obtains information through a criminal history record information review that the covered contract employee has a disqualifying conviction under Education Code 22.085.  The School may adopt a stricter standard.  22 TAC 153.1117(b)(3)

TSBVI Responsibilities

TSBVI may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person described above at “Employment Offered On or After January 1, 2008”.  Education Code 22.0834(h)

TSBVI may obtain the criminal history record information of a person described above at “Employment Offered On or After January 1, 2008”, through the criminal history clearinghouse as provided by Government Code 411.0845.  Education Code 22.0834(e)

Certification from Contractor 

TSBVI shall ensure that each of its service contractors certify that the service contractor has obtained all required criminal history record information for covered contract employees.  22 TAC 153.1117(b)(1)

SBEC Notification

Pursuant to 19 Administrative Code 249.14(d)(1), if TSBVI obtains information that a covered contract employee who holds a certificate issued by the State Board for Educator Certification (SBEC) has a reported criminal history, the superintendent or the superintendent’s designee shall notify SBEC of that criminal history within seven calendar days of the date that information is obtained.  19 TAC 153.1117(b)(4) [See DHB(LEGAL)] 

Emergency Exception to Criminal History Check

In the event of an emergency, TSBVI may allow a covered contract employee to enter the School’s property, without the required criminal history record information review, if the person is accompanied by a TSBVI employee.  TSBVI may adopt rules regarding an emergency situation.  Education Code 22.0834(f); 19 TAC 153.1117(b)(2)

Definitions

“Contracting Entity”

A “contracting entity” is an entity that contracts directly with a TSBVI to provide services to the School.  Education Code 22.0834(p)(1) 

“Subcontracting Entity”

A “subcontracting entity” is an entity that contracts with another entity that is not a school to provide services to TSBVI.  Education Code 22.0834(p)(2)

“Service Contractor”

A “service contractor” is an entity, including a government entity and an individual independent contractor, that contracts or agrees with TSBVI by written agreement or verbal understanding to provide services through individuals who receive compensation.  However, when conducting an investigation or intervention regarding an alleged crime or act of child abuse on a school campus, a law enforcement agency or the Department of Family and Protective Services is not a contracting entity, and the investigator or intervener is not a covered contract employee.  19 TAC 153.1101(10)

“Continuing Duties Related to Contracted Services”

“Continuing duties related to contracted services” are work duties that are performed pursuant to a contract to provide services to TSBVI on a regular, repeated basis rather than infrequently or one-time only.  19 TAC 153.1101(2)

“Covered Contract Employee”

A “covered contract employee” is an individual who:                                                          

  1. Is employed or offered employment by a service contractor or a subcontractor of a service contractor, is an individual independent contractor of the School or is an individual subcontractor of a service contractor;
  2. Has or will have continuing duties related to the contracted services;
  3. Has or will have direct contact with students; and
  4. Is not a student of (or enrolled in) TSBVI for which the services are performed. 

19 TAC 153.1101(3)

“Direct Contact with Students”

“Direct contact with students” is the contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional TSBVI employee.  Contact with students that results from services that do not provide substantial opportunity for unsupervised interaction with a student or students, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students.  However, direct contact with students does result from any activity that provides substantial opportunity for unsupervised contact with students, which might include, without limitation, the provision of coaching, tutoring, or other services to students.  19 TAC 153.1101(7)

Note:   See DBAA for definitions and provisions regarding confidentiality, consumer credit reports, records retention, and criminal history record checks of employees.

Criminal History—Certain Public Works Contractors

Applicability

The following provisions apply to a person who is not an applicant for a holder of a certificate under Education Code Chapter 21, Subchapter B, and who is employed by a contracting or subcontracting entity on a project to design, construct, alter, or repair a public work if the person has or will have:

  1. Continuing duties related to the contracted services; and
  2. The opportunity for direct contact with students in connection with the person’s continuing duties.

Education Code 22.08341(b)

If a contracting or subcontracting entity determines that the conditions at Applicability do not apply to an employee, the entity shall make a reasonable effort to ensure that the conditions or precautions that resulted in that determination continue to exist throughout the time the contracted services are provided.  Education Code 22.08341(i)

Certification to TSBVI

The contracting entity or subcontracting entity that employs a person described at Applicability, above, shall:

  1. Send or ensure that the person sends to the Department of Public Safety information that is required for obtaining national criminal history record information, which may include fingerprints and photographs;
  2. Obtain all criminal history record information that relates to the person through the criminal history clearinghouse as provided by Government Code 411.0845; and
  3. Certify to the School or contracting entity, as applicable, that the contracting entity or subcontracting entity that employs the person has received all criminal history record information relating to the person.

A contracting entity shall certify to the School that it has obtained written certification from any subcontracting entity that the subcontracting entity has complied with the above as it relates to the subcontracting entity’s employees.

Education Code 22.08341(e), (f)

TSBVI Responsibilities

TSBVI may directly obtain the criminal history record information of a person described above through the criminal history clearinghouse.  Education Code 22.08341(h)

Disqualifying Conviction

A contracting or subcontracting entity may not permit an employee to provide services at an instructional facility if the employee, during the preceding 30 years, was convicted of any of the following offenses and the victim was under 18 years of age or was enrolled in a public school:

  1. A felony offense under Penal Code Title 5;
  2. An offense on conviction of which a defendant is required to register as a sex offender; or
  3. An offense under the laws of another state or federal law that is equivalent to 1 or 2. 

Education Code 22.08341(d)

Emergency

In the event of an emergency, TSBVI may allow a person described at “Applicability”, above, to enter an instructional facility if the person is accompanied by a School employee.  TSBVI may adopt a policy regarding an emergency for purposes of this provision.  Education Code 22.08341(j)

Definitions

“Contracting Entity”

“Contracting entity” means an entity that contracts directly with TSBVI to provide engineering, architectural, or construction services to the School.

“Instructional Facility”

“Instructional facility” has the meaning assigned by Education Code 46.001. 

“Subcontracting Entity”

“Subcontracting entity” means an entity that contracts with another entity that is not the School to provide engineering, architectural, or construction services to TSBVI.   

Education Code 22.08341(a)

Direct Contact with Students

A person does not have the opportunity for direct contact with students if:

  1. The public work does not involve the construction, alteration, or repair of an instructional facility;
  2. For a public work that involves construction of a new instructional facility, the person’s duties related to the contracted services will be completed not later than the seventh day before the first date the facility will be used for instructional purposes; or
  3. For a public work that involves an existing instructional facility,
    1. The public work area contains sanitary facilities and is separate from all areas used by students by a secure barrier fence that is not less than six feet in height; and
    2. The contracting entity adopts a policy prohibiting employees, including subcontracting entity employees, from interacting with students or entering areas used by students, informs employees of the policy, and enforces the policy at the public work area.

Education Code 22.08341(c)

Contractors Providing Transportation Services 

Except as provided below at “Commercial Transportation Company”, a School that contracts with a person for transportation services TSBVI shall obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person employed for transportation services by the person as a bus driver or a person the person intends to employ an applicant as a bus driver.  A person who contracts with TSBVI to provide transportation services shall submit to the School the name and other identification data required to obtain the criminal history record information of such persons.  If TSBVI obtains information that such a person has been convicted of a felony or a misdemeanor involving moral turpitude, the School shall inform the chief personnel officer of the person with whom TSBVI has contracted, and the person may not employ that person to drive a bus on which students are transported without the permission of the board.  Education Code 22.084(a)–(b)

Commercial Transportation Company

A commercial transportation company that contracts with TSBVI to provide transportation services may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person employed by the company as a bus driver, bus monitor, or bus aide, or a person the company intends to employ in one of these positions.  If the company obtains criminal history record information indicating that a person it employs or intends to employ has been convicted of a felony or a misdemeanor involving moral turpitude, the company may not employ that person to drive or to serve as a bus monitor or bus aide on a bus on which students are transported without the permission of the board of TSBVI.  If the commercial transportation company obtains the criminal history record information, TSBVI is not required to do the same.  Education Code 22.084(c)–(d)

Adopted:         4/6/18

Amended:       

Reviewed:       

Employment Assistance Prohibited

TSBVI receives Title I funds so it shall have policies that prohibit any individual who is a school employee, contractor, or agent, or a district, from assisting a school contractor or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or School knows, or has probable cause to believe, that such contractor or agent engaged in sexual misconduct regarding a minor or student in violation of the law.

This requirement shall not apply if the information giving rise to probable cause has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and has been properly reported to any other authorities as required by federal, state, or local law, including Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the implementing regulations under Part 106 of Title 34, Code of Federal Regulations, or any succeeding regulations; and:

  1. The matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the contractor or agent engaged in sexual misconduct regarding a minor or student in violation of the law;
  2. The contractor or agent has been charged with and acquitted or otherwise exonerated of the alleged misconduct; or 
  3. The case or investigation remains open and there have been no charges filed against, or indictment of, the contractor or agent within four years of the date on which the information was reported to a law enforcement agency. 

20 U.S.C. 7926 [See also DC]

Adopted:         4/6/18

Amended:

Reviewed:

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:

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

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: