Main content

Alert message

Note:   The following provisions are from federal law.  TSBVI school buses and vans are not subject to the requirements of this policy.

SERVICE ANIMAL

Service Dogs

“Service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.

The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

28 C.F.R. 35.104

Policies, Practices, or Procedures

TSBVI shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability, unless the School can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. 28 C.F.R. 35.130(b)(7), .136(a) [See FB]

Access

Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of TSBVI’s facilities where members of the public, participants in services, programs or activities, or invitees are allowed to go. 28 C.F.R. 35.136(g)

Exceptions

TSBVI may ask an individual with a disability to remove a service animal from the premises if:

  1. The animal is out of control and the animal’s handler does not take effective action to control it; or
  2. The animal is not housebroken.

28 C.F.R. 35.136(b)

The ADA does not require TSBVI to permit an individual to participate in or benefit from the services, programs, or activities of the School when that individual poses a direct threat to the health or safety of others. 28 C.F.R. 35.139  [See FB]

If TSBVI properly excludes a service animal, it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises. 28 C.F.R. 35.136(c)

Animal Under Handler’s Control

A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means). 28 C.F.R. 35.136(d)

Inquiries

TSBVI shall not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. TSBVI may ask if the animal is required because of a disability and what work or task the animal has been trained to perform.

TSBVI shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal.

Generally, TSBVI may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

28 C.F.R. 35.136(f)

Care or Supervision of Animal

TSBVI is not responsible for the care or supervision of a service animal. 28 C.F.R. 35.136(e)

Surcharges

TSBVI shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets.

If TSBVI normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.

28 C.F.R. 35.136(h)

 

Note:   The following provisions are from state law.

ASSISTANCE ANIMALS

“Assistance animal” and “service animal” mean a canine that is specially trained or equipped to help a person with a disability and that is used by a person with a disability. Human Resources Code 121.002(1)

Assistance Animal Access

No person with a disability may be denied admittance to any public facility in the state because of the person's disability or may be denied the use of an assistance animal.

Regulations relating to the use of public facilities by any designated class of persons from the general public may not prohibit the use of particular public facilities by persons with disabilities who, except for their use of assistance animals, would fall within the designated class.

A service animal in training shall not be denied admittance to any public facility when accompanied by an approved trainer.

Human Resources Code 121.003(c), (e), (i)

Harassment and Harm Prohibited

A person may not assault, harass, interfere with, kill, or injure in any way, or attempt to assault, harass, interfere with, kill, or injure in any way, an assistance animal.

“Harass” means any conduct that is directed at an assistance animal that impedes or interferes with, or is intended to impede or interfere with, the animal’s performance of its duties or places a person with a disability who is using an assistance animal, or a trainer who is training an assistance animal, in danger of injury.

A person is not entitled to make demands or inquiries relating to the qualifications or certifications of a service animal for purposes of admittance to a public facility except to determine the basic type of assistance provided by the service animal to a person with a disability. If a person’s disability is not readily apparent, a staff member or manager of the facility may inquire about whether the service animal is required because the person has a disability and what type of work or task the service animal is trained to perform.

Human Resources Code 121.002, .003(j)–(l)

Transportation

No public conveyance or mode of transportation operating within the state may refuse to accept as a passenger a person with a disability solely because of the person's disability, nor may a person with a disability be required to pay an additional fare because of his or her use of an assistance animal. Human Resources Code 121.003(b)

Responsibilities of Persons with Disabilities

A person with a disability who uses an assistance animal for assistance in travel is liable for any damages done to the premises or facilities by the animal.

A person with a disability who uses an assistance animal for assistance in travel or auditory awareness shall keep the animal properly harnessed or leashed, and a person who is injured by the animal because of the failure of a person with a disability to properly harness or leash the animal is entitled to maintain a cause of action for damages in a court of competent jurisdiction under the same law applicable to other causes brought for the redress of injuries caused by animals.

Human Resources Code 121.005

Penalties

A person, including a firm, association, corporation, or other public or private organization, or the agent of the person, who violates the provisions of Human Resources Code 121.003:

  1. Commits a misdemeanor punishable by a fine of not more than $300 and 30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with visual impairments or other disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than one year; and
  2. Is deemed to have deprived a person with a disability of his or her civil liberties. Subject to Human Resources Code 121.0041 (pertaining to notice of claim and opportunity for cure), if applicable, the person with a disability deprived of his or her civil liberties may maintain an action for damages in a court of competent jurisdiction, and there is a conclusive presumption of damages in the amount of at least $300 to the person with a disability.

Human Resources Code 121.004

 

Adopted:         1/26/18
Amended:
Reviewed:

NOTICE REGARDING STEROIDS

Education Code 38.008

Anabolic steroids are for medical use only. State law prohibits the possession, dispensing, delivery, or administering of an anabolic steroid in any manner not allowed by state law. State law provides that body building, muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic steroid or human growth hormone is not a valid medical purpose. Only a medical doctor may prescribe an anabolic steroid or human growth hormone for a person. A violation of state law concerning anabolic steroids or human growth hormones is a criminal offense punishable by confinement in jail or imprisonment in the Texas Department of Corrections.


Note: To be in compliance with Education Code 38.008, the notice regarding legal restrictions on steroids must be posted in the gymnasium of each school in which there is a grade level of seven or higher, and in each other place in a building where physical education classes are conducted.


Adopted:    1/26/90

Amended: 11/14/97

Reviewed:  5/25/05

RECOGNITION OF FAMILY

The Board recognizes the following Congressional findings contained in the Individuals with Disabilities Act (IDEA):

  1. It is in the best interest of our Nation to preserve, strengthen, and maintain the family.  20 U.S.C. 1491(1).
  2. Families are the greatest natural resource available to their children and are the major providers of support, care, and training of their children. 20 U.S.C. 1491(2).
  3. Families of children with disabilities enrich the lives of all citizens through the contributions of such families to the economic, health, and social fabric of their community, State, and Nation. 20 U.S.C. 1491(3).
  4. A growing number of families are searching for ways to empower themselves to raise their children with disabilities at home and in their communities. Supporting such families to enable them to care for their children with disabilities at home is efficient and can be cost-effective. 20 U.S.C. 1491(4).
  5. 5.     Children, including children with disabilities, benefit from enduring family relationships in a nurturing home environment. 20 U.S.C. 1491(5).

SCOPE OF POLICY

This policy applies to students enrolled in the residential program of the Texas School for the Blind and Visually Impaired (TSBVI).  It is not applicable to day students whose local school districts provide transportation to and from TSBVI on a daily basis.

STUDENTS RETURNING HOME

Beginning and End of Term and Regularly Scheduled School Holidays (School Closings)

The resident school district of a TSBVI student shall be responsible for transportation at the beginning and end of the term and for school holidays scheduled in the School’s annual school calendar when students are expected to leave the School to return home.  Transportation shall be arranged using the most cost efficient means. When it is necessary for the safety of the student, as determined by the ARD committee, for an adult designated by the ARD committee to accompany the student, round-trip transportation for that adult shall also be provided.  The resident school district and the School shall coordinate to ensure that students are transported safely, including the periods of departure and arrival. 19 TAC 89.1090

The “resident school district” is the local education agency (LEA) in which the student resides when TSBVI is not in session.

Weekends During the School Year that Are Not School Holidays (Weekends Home Program)

The School shall designate weekends during the school year for each student enrolled in the School to return to their homes and communities. The frequency of each student’s participation shall be determined according to procedures established by the Superintendent that consider distance, duration of travel, and cost efficiency.

METHOD OF TRANSPORTATION

The School may use the following methods to transport students to their homes and back to the School on weekends:

  1. Commercial air transportation
  2. Commercial bus transportation
  3. TSBVI-operated buses and vans
  4. Transportation of the student by the student's parent, or parent representative

TRANSPORTATION COSTS FOR WEEKENDS HOME PROGRAM

The School shall assume all costs for commercial air transportation, commercial bus transportation and school-operated buses and vans, including costs for escort travel, where an Admission, Review and Dismissal (ARD) Committee has determined that the student requires an escort for travel.

Where, with School approval, the student's parent, or parent representative, provides any portion of the ground transportation of the student's trip between home and school, the parent, or parent representative, shall be reimbursed at a rate, determined by the Superintendent, to cover vehicle operating costs.

PROCEDURES

The Superintendent shall develop procedures to implement this policy.

Adopted:          5/21/98

Amended:        1/15/08, 1/23/15

Reviewed:        3/21/03

CREDITS AND RECORDS

Credits earned in local credit courses may be transferred at the enrolling district's discretion. Transfer students shall not be prohibited from attending school pending receipt of transcripts or academic records from the district the student previously attended. 19 TAC 74.26(a)(1)

NONPUBLIC SCHOOLS

Records and transcripts of students from Texas nonpublic schools or from out of state or out of the country (including foreign exchange students) shall be evaluated, and students shall be placed promptly in appropriate classes. A district may use a wide variety of methods to verify the content of courses for which a transfer student has earned credit.
19 TAC 74.26(a)

Adopted: 11/8/13
Amended:
Reviewed:

DEFINITIONS

"Bullying":

  1. Means a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, expression through electronic means, or physical conduct that satisfies the applicability requirements below and that:
    1. Has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property;
    2. Is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student;
    3. Materially and substantially disrupts the educational process or the orderly operation of a classroom or school; or
    4. Infringes on the rights of the victim at school; and
  2. Includes cyberbullying

Cyberbullying

“Cyberbullying” means bullying that is done through the use of any electronic communication device, including through the use of a cellular or other type of telephone, a computer, a camera, electronic mail, instant messaging, text messaging, a social media application, an Internet website, or any other Internet-based communication tool.

Applicability

These provisions apply to:

  1. Bullying that occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property;
  2. Bullying that occurs on a publicly or privately owned school bus or vehicle being used for transportation of students to or from school or a school-sponsored or school-related activity; and
  3. Cyberbullying that occurs off school property or outside of a school-sponsored or school-related activity if the cyberbullying:
    1. Interferes with a student’s educational opportunities; or
    2. Substantially disrupts the orderly operation of a classroom, school, or school-sponsored or school-related activity.

POLICY

The Board shall adopt a policy, including any necessary procedures, concerning bullying that:

  1. Prohibits the bullying of a student;
  2. Prohibits retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying;
  3. Establishes a procedure for providing notice of an incident of bullying to
    1. A parent or guardian of the alleged victim on or before the third business day after the date of the incident is reported; and
    2. A parent or guardian of the alleged bully within a reasonable amount of time after the incident;
  4. Establishes the actions a student should take to obtain assistance and intervention in response to bullying;
  5. Sets out the available counseling options for a student who is a victim of or a witness to bullying or who engages in bullying;
  6. Establishes procedures for reporting an incident of bullying, including procedures for a student to anonymously report an incident of bullying, investigating a reported incident of bullying, and determining whether the reported incident of bullying occurred;
  7. Prohibits the imposition of a disciplinary measure on a student who, after an investigation, is found to be a victim of bullying, on the basis of that student’s use of reasonable self-defense in response to the bullying; and
  8. Requires that discipline for bullying of a student with disabilities comply with applicable requirements under federal law, including the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).

The policy and any necessary procedures must be included annually in the student and employee handbooks and in the district improvement plan under Education Code 11.252. [See BQ]

INTERNET POSTING

The procedure for reporting bullying must be posted on TSBVI’s Internet Website and included in the Parent Student Handbook. 

Prevention and Mediation

TSBVI may establish a policy to assist in the prevention and mediation of bullying incidents between students that:

  1. Interfere with a student’s educational opportunities; or
  2. Substantially disrupt the orderly operation of a classroom, school, or school-sponsored or school-related activity.

 

Education Code 37.0832 (a)–(e)

Adopted: 9/21/12

Amended: 1/26/18

Reviewed:

PolicyTitleUpdate
  Index 3/22/96, 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, 9/25/98, 11/6/98, 11/19/99, 1/28/00, 1/24/02, 11/22/02, 1/31/03, 3/21/03, 5/28/03, 1/30/04, 3/26/04, 11/19/04, 4/1/05, 5/25/05, 11/18/05, 9/22/06, 1/26/07, 9/28/07, 11/16/07, 1/25/08, 11/20/09, 1/22/10, 11/9/12, 1/25/13, 6/5/13, 11/8/13, 9/20/13, 1/31/14, 6/4/14, 10/3/14, 11/21/14, 1/23/15, 4/10/15, 11/20/15, 1/29/16, 4/8/16, 6/3/16, 11/18/16, 4/7/17, 6/2/17, 9/29/17, 1/26/18
FB EQUAL EDUCATIONAL OPPORTUNITIES Amended 6/5/13
FBA EQUAL EDUCATIONAL OPPORTUNITY:  SERVICE AND GUIDE ANIMALS Adopted 1/26/18
FD ADMISSIONS Amended 1/26/18
FDA ADMISSIONS: TRANSFER OF RECORDS Deleted 1/26/18
FDB Admissions: Transfers and Classroom Assignments Amended 11/8/13
FDD ADMISSIONS: SCHOOL SAFETY TRANSFERS Adopted 9/22/06
FEA ADMISSIONS AND ATTENDANCE: COMPULSORY ATTENDANCE Amended 1/26/07
FEB ATTENDANCE: ATTENDANCE ACCOUNTING Adopted 4/1/05
FEC ATTENDANCE: ATTENDANCE FOR CREDIT Adopted 4/1/05
FED ADMISSIONS AND ATTENDANCE: ATTENDANCE ENFORCEMENT Amended 4/1/05
FFA STUDENT WELFARE: WELLNESS AND HEALTH SERVICES Amended 1/22/10
FFAA HEALTH REQUIREMENTS AND SERVICES: PHYSICAL EXAMINATIONS Amended 6/3/16
FFAB WELLNESS AND HEALTH SERVICES: IMMUNIZATIONS Amended 6/3/16
FFAC FFAC - WELLNESS AND HEALTH SERVICES:  MEDICAL TREATMENT Amended 9/29/17
FFAD FFAD - WELLNESS AND HEALTH SERVICES:  COMMUNICABLE DISEASES Amended 1/22/10
FFAF WELLNESS AND HEALTH SERVICES:  CARE PLAN Amended 1/25/13
FFD STUDENT WELFARE: STUDENT INSURANCE Reviewed 3/21/03
FFE STUDENT WELFARE: STUDENT ASSISTANCE PROGRAMS/COUNSELING Amended 5/25/05
FFF STUDENT SAFETY Amended 5/28/03
FFFA STUDENT SAFETY: SUPERVISION OF STUDENTS Amended 11/20/15
FFG STUDENT WELFARE: CHILD ABUSE AND NEGLECT, EXPLOITATION, AND IMPROPER CHILD CARE PRACTICE Amended 4/7/17
FFH (TSBVI) STUDENT WELFARE: FREEDOM FROM HARASSMENT Amended 11/20/15
FFHA (TSBVI) STUDENT WELFARE: SEXUALITY Amended 3/21/03 
FFI STUDENT WELFARE – FREEDOM FROM BULLYING Amended 1/26/18
FFJ STUDENT WELFARE: WEEKENDS HOME Amended 1/23/15
FJ GIFTS AND SOLICITATIONS Amended 11/22/02
FL STUDENT RECORDS Amended 6/2/17
FM (TSBVI) STUDENT ACTIVITIES Amended 5/25/05
FMA STUDENT ACTIVITIES: PUBLICATIONS AND PRIOR REVIEW Amended 3/26/04
FMB STUDENT ACTIVITIES: STUDENT GOVERNMENT Reviewed 5/25/05
FMF-E STUDENT ACTIVITIES: CONTESTS AND COMPETITIONS Amended 5/25/05
FMH STUDENT ACTIVITIES: COMMENCEMENT Amended 3/26/04
FNA STUDENT RIGHTS AND RESPONSIBILITIES: STUDENT EXPRESSION Amended 5/25/05
FNA2 STUDENT RIGHTS AND RESPONSIBILITIES: STUDENT EXPRESSION Adopted 9/28/07
FNAA STUDENT EXPRESSION: DISTRIBUTION OF NONSCHOOL LITERATURE Amended 6/5/13
FNAB STUDENT EXPRESSION: USE OF SCHOOL FACILITIES FOR NONSCHOOL PURPOSES Adopted 5/25/05
FNC STUDENT RIGHTS AND RESPONSIBILITIES: STUDENT CONDUCT Amended 1/26/07
FNCA STUDENT CONDUCT: DRESS CODE Reviewed 11/19/99
FNCB (TSBVI) STUDENT CONDUCT: CARE OF SCHOOL PROPERTY Amendd 5/25/05
FNCC STUDENT CONDUCT: PROHIBITED ORGANIZATIONS AND HAZING Amended 3/21/03
FNCD (TSBVI) STUDENT CONDUCT: USE OF TOBACCO Amended 1/31/14
FNCE STUDENT RIGHTS AND RESPONSIBILITIES: PAGING DEVICES Adopted 1/28/00
FNCF STUDENT CONDUCT: ALCOHOL AND DRUG USE Amended 1/26/18
FNCF-E STUDENT ACTIVITIES: CONTESTS AND COMPETITION Ameended 1/26/07
FNCG STUDENT CONDUCT: WEAPONS Amended 3/21/03
FNCH STUDENT CONDUCT: ASSAULTS Amended 5/25/05
FNCI STUDENT CONDUCT: DISRUPTIONS Amended 1/26/18
FND STUDENT RIGHTS AND RESPONSIBILITIES: MARRIED STUDENTS Amended 1/26/07
FNE (TSBVI) STUDENT RIGHTS AND RESPONSIBILITIES: PREGNANT STUDENTS Amended 1/26/07
FNF STUDENT RIGHTS AND RESPONSIBILITIES INTERROGATIONS AND SEARCHES Amended 3/26/04
FNG STUDENT RIGHTS AND RESPONSIBILITIES: STUDENT AND PARENT COMPLAINTS Amended 11/21/14
FO STUDENT DISCIPLINE Amended 1/26/18
FOA PLACEMENT IN ALTERNATIVE EDUCATIONAL SETTING: REMOVAL BY TEACHER Amended 11/19/04
FOB STUDENT DISCIPLINE: OUT-OF-SCHOOL SUSPENSION Amended 1/26/18
FOC STUDENT DISCIPLINE: PLACEMENT IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS Amended 11/19/04
FOCA PLACEMENT IN ALTERNATIVE EDUCATION SETTING: DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS Deleted 1/26/18
FOC-E STUDENT DISCIPLINE: PLACEMENT IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS Amended: 11/19/04
FOD STUDENT DISCIPLINE: EXPULSION Amended 10/3/14
FOE STUDENT DISCIPLINE: EMERGENCY AND ALTERNATIVE PLACEMENT Amended 1/26/18
FOF STUDENT DISCIPLINE- STUDENTS WITH DISABILITIES Amended 1/26/18
FP STUDENT FEES, FINES, AND CHARGES Amended 5/25/05

GENERAL ELIGIBILITY

The following conditions apply to local school districts (LEAs) and only to TSBVI where indicated in this policy.  TSBVI will consider these conditions when determining whether a student referred by an LEA is eligible for services from the LEA and thereby eligible for a referral from that LEA to the TSBVI.  Education Code 30.021

ELIGIBILITY FOR ADMISSION

The Texas School for the Blind and Visually Impaired (TSBVI) is a state agency established to serve as a special school in the continuum of placements for students who:

  1.  Are 21 years of age or younger, and 5 years of age or older on September 1 of any school year;
  2. Are residents of Texas;
  3. Have been determined by their local school districts to be eligible for educational services as students with a visual impairment or DeafBlindness; and
  4. Require specialized or intensive educational or related services related to the visual impairment.

TSBVI is not intended to serve students whose:

  1. Needs are appropriately addressed in a home or hospital setting or in a residential treatment facility; or
  2. Primary, ongoing needs are related to a severe or profound emotional, behavioral or cognitive deficit; or

Education Code 30.021

  1. Conduct resulted in:
    1. a removal to an alternative education program or expulsion the preceding year;
    2. being declared delinquent or in need of supervision and is on probation or other conditional release for that conduct; or
    3. conviction of a criminal offense and is on probation or other conditional release.

Education Code 25.001(d)

DEFINITIONS

Specialized Services:  Substantial components of the student’s individualized educational program require instruction and related services, such as orientation and mobility, that are specifically designed and related to the unique needs of a student with a visual impairment, including DeafBlindness.  The student’s visual impairment also requires the provision of intensive services and oversight from a certified teacher of students with visual impairment.  Education Code 30.021

Intensive Services:  Substantial components of the student’s individualized education program include direct services related to the visual impairment.  The intensity of services is related to the student’s current or projected needs.  A low level of consultative services from a certified teacher of students with visual impairment does not constitute intensive services.  Education Code 30.021

Home Setting:  The student requires a home living situation due to constant medical or intensive physical needs that cannot safely be met in the TSBVI residential setting, or the student requires services in a homebound instructional arrangement due to medical or physical needs that cannot be safely met in the district’s or TSBVI’s campus-based program.  19 TAC 89.63(c)(2)

Hospital Setting:  The student requires services in a hospital instructional arrangement due to medical or physical needs that cannot be adequately or safely met in TSBVI’s campus based program.  19 TAC

89.63(c)(3)

Residential Treatment Facility:  The student requires services in a facility intended to provide psychiatric, alcohol or drug abuse treatment.  19 TAC 89.63(c)(10); 19 TAC 89.1115 (residential facility); 89.1052 (JJAEP), 89.1055(e)(3)

Primary Disability:  The student’s visual impairment is considered to be the primary disability when it is the most disabling condition.  For students with multiple disabilities it may be difficult to discern the most disabling condition.  For eligibility purposes the primary disability can be inferred from a review of the needs and services identified in the student’s individualized education program.  4 C.F.R. 300.306

Ongoing Needs:  The characteristics of the student’s condition must be evident over time and across situations.  There is reason to believe that the characteristics of the condition are likely to continue.  It is not behavior that is a temporary reaction to a situational trauma.

Severe or Profound Emotional, Behavioral or Cognitive Deficit:  The student’s adaptive functioning deficit(s), singularly or jointly, is significant in degree or extent and is acute, pervasive or intense.  Student safety is of utmost concern in this population of vulnerable students.  Therefore, self-injurious, violent or threatening behavior may disqualify an applicant or make a TSBVI student no longer eligible to attend TSBVI.

TSBVI is not intended to serve students whose needs relate to severe disturbances of behavior, mood, thought processes or interpersonal relationships, require one or more of the following:

  • an ongoing level of intensive supervision or therapeutic support;
  • routine use of restraint;
  • intensive medication management by a physician;
  • routine removal from the classroom; or
  • a locked facility

The student must be able to acquire Expanded Core Curriculum Skills, including:

  • compensatory or functional academic skills, including communication modes
  • orientation and mobility
  • social interaction skills
  • independent living skills
  • recreation and leisure skills
  • career education
  • use of assistive technology
  • sensory efficiency skills
  • self-determination

Adaptive and life skill factors which TSBVI may consider in determining the student’s eligibility for placement include the student’s:

  • developmental history
  • educational history
  • achievement to date
  • motor skills
  • communication ability
  • social emotional maturity

TSBVI is not intended to serve students whose assessed intellectual and adaptive functioning are within the severe or profound range.  This includes students who, even when provided specialized, intensive services for the visually impaired, are anticipated to require life-long, intensive support and supervision for all aspects of personal care, including feeding, toileting, and grooming.

Based on these criteria, the TSBVI Referral Committee will determine whether a student meets eligibility for consideration of placement.  In instances where eligibility is unclear, TSBVI may admit the prospective student on a temporary basis for observation and/or further evaluation.  If TSBVI determines that a student referred to TSBVI, either on a continuing or temporary basis, no longer meets eligibility criteria, the student will be returned to the local school district.  TSBVI will work with the local district on transition activities for the student.

REFERRALS TO TSBVI

A student’s admission, review and dismissal (ARD) committee may refer the student for placement at TSBVI in accordance with the provisions of 34 Code of Federal Regulations (CFR), Part 300, the Texas Education Code 30.021 and 19 TAC 89.1085.  Referrals for consideration for admission must originate from the student’s local school district in collaboration with the student’s parent or the adult student.  The local school district must conduct an ARD Committee Meeting to request admission to TSBVI. 

TSBVI is not authorized to accept direct parent or adult student referrals.

When a student’s ARD committee request placement of a student at TSBVI, the student’s resident school district shall comply with the following requirements:

  1. For each student, the resident school district shall list those services in the student's individualized education program (IEP) which the TSBVI can appropriately provide.
  2. For each student, the resident school district shall include in the student's IEP the criteria and estimated time lines for returning the student to the resident school district. 19 TAC 89.1085

After receiving the student application and other documentation requested, the TSBVI Referral Committee will review all information to determine:

  1. if the student is eligible for services at TSBVI; and if so,
  2. whether it appears that the student is receiving a Free and Appropriate Public Education (FAPE) from the local district in the Least Restrictive Environment (LRE) and is therefore not eligible for TSBVI.
  3. whether a homebound student has reintegrated into the local campus based program and can tolerate TSBVI placement.

PLACEMENT DETERMINATION

The TSBVI Referral Committee determines whether the student is admitted, not admitted or whether additional information is needed. An on-site visit to the local school district may be requested to obtain further information.  When the Committee makes a decision, the local district, parent and adult student receive a letter informing them of the decision.

If the student is admitted, a date and time for an initial joint ARD Committee Meeting between TSBVI, the local district and the parents or adult student will be arranged.  The purpose of this ARD will be to develop the student’s individualized education program (IEP), to discuss the student's placement at TSBVI, and to develop criteria and timelines for the student’s return to the local school district. From the time a student is accepted for admission, TSBVI focuses on developing a strong partnership with the staff of the student’s local school district and with the parent and adult student.

TSBVI, the local school district, and the parents or adult student will review the student's educational placement every year at the annual ARD Committee Meeting.  During the student’s enrollment, TSBVI collaborates intensively with the district, other agencies, the adult student and the student’s family to prepare for the student’s return to the district as soon as the district is prepared to provide a FAPE and/or to prepare for the student’s graduation.

If the student is not admitted, the district representative may contact the TSBVI Director of the Center for School Resources to obtain more information regarding the determination of the Referral Committee.  The district representative and parent may provide additional information to be considered by the Referral Committee.

If mutual agreement about a student’s placement at TSBVI is not obtained, the local district or TSBVI may seek resolution through the mediation procedures adopted by the Texas Education Agency or through any due process hearing to which the resident school district or TSBVI is entitled under the IDEA, 20 USC, §1400.

ENROLLMENT REQUIREMENTS

Pre-Enrollment

Prior to the day the student enrolls in TSBVI, the parent or adult student, the referring school district, and/or another person shall furnish to TSBVI all of the following:

  1. The child's birth certificate or another document suitable as proof of the child's identity as defined by the Commissioner of Education in the Student Attendance Accounting Handbook;
  2. A copy of the child's records from the school the child most recently attended if he or she was previously enrolled in a school in Texas or in another state;
  3. A record showing that the child has the immunizations required by Education Code 38.001, proof that the child is not required to be immunized, or proof that the child is entitled to provisional admission. (See FFAB)
  4. Medical and dietary information and documents necessary to ensure appropriate medical management of the student while attending TSBVI, including disclosure of food allergy that, in the judgment of the parent or other person with legal control shall be disclosed to TSBVI to enable TSBVI to take any necessary precautions regarding the child’s safety [see FB and FFAF]; and specify the food to which the child is allergic and the nature of the allergic reaction.

TSBVI shall maintain the confidentiality of the provided information, and may disclose the information to teachers, school counselors, school nurses, and other appropriate school personnel only to the extent consistent with School policy under Education Code 38.009 and permissible under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g.  [See FL]

“Severe food allergy” means a dangerous or life-threatening reaction of the human body to a food-born allergen introduced by inhalation, ingestion, or skin contact that requires immediate medical attention.

Education Code 25.022(a)-(c)

  1. The TSBVI Health Center Director, with consultation from other specialists as needed, shall ensure that each student admitted to TSBVI has complied with requirements for screening of vision and hearing disorders, special senses and communication disorders, abnormal spinal curvature screening and acanthosis nigricans screening for darkening of skin found in body folds or armpit, navel, etc. or has submitted an affidavit of exemption. The student or minor student’s parent, managing conservator or guardian may substitute professional examinations for those screenings.  Health and Safety Code 36.005(a) and (b), 37.002(a), 95.003(c).
  2. If applicable, documentation of legal guardianship or documentation identifying a person with legal responsibility for the welfare of a minor student not residing with a parent.  If a legal document is not available, other documents such as a power of attorney or signed, notarized authorization from the parent or legal guardian designating an adult caregiver to make medical and educational decisions for the child.
  3. For adult students age 18 and over who are under no guardianship, a signed and notarized Power of Attorney for medical care while attending TSBVI.
  4. Parent contact information and signed permission and consents.

Education Code 25.002(a), 19 TAC 129.1(a),(b)

Enrollment

A child must be enrolled by the child’s parent, guardian, or other person with legal control under a court

order or other legal authorization.  The local district and TSBVI shall record the name, address, and date of birth of the person enrolling the child.  Education Code 25.002(f), Texas Family Code Chapter 34

Legal Surname

A student must be identified by the student’s legal surname as it appears on the student’s birth certificate or other document suitable as proof of the student’s identify, or in a court order changing the student’s name.  Education Code 25.0021

Substitute for Parent or Guardian

The term parent means a biological parent; an adoptive parent; a foster parent; a guardian; an individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent or other relative with whom the child lives; or an individual who is legally responsible for the child’s welfare under a power of attorney or adult voluntary caregiver authorization agreement.   Education Code 25.002(f)

A grandparent may enroll a student if the grandparent resides in the referring district and provides a substantial amount of after-school care for the person.

If another person will enroll the student at TSBVI, the local district will be required to provide documentation of the person’s right to take responsibility to enroll the student. 

If the student must be enrolled by a person who is not the child’s parent, guardian, or other person with legal control under a court order, the local district will be required to provide the enrolling person’s legal documentation.

The TSBVI Board authorizes the Superintendent or his/her designee to decide whether to allow a person showing evidence of legal responsibility for a child other than an order of a court to substitute for a guardian or other person having lawful control of the child under court order. Education Code 25.001(j)

TSBVI shall record the name, address, and date of birth of the person enrolling the child.  Education Code 25.002(f)

Authorization Agreement

“Voluntary Adult caregiver” means an adult person whom a parent has authorized to provide temporary care for a child under Family Code Chapter 34. Family Code 34.0015(1)

A parent, as defined in Family Code 101.024, or both parents of a child may enter into an authorization agreement with a voluntary adult caregiver to authorize the adult caregiver to perform acts described in Family Code 34.002 in regard to the child, such as:

  1. Authorizing medical, dental, psychological, or surgical treatment and immunization of the child, including executing any consents or authorizations for the release of information as required by law relating to the treatment or immunization;
  2. Enrolling the child in the district; and
  3. Authorizing the child to participate in age-appropriate extracurricular, civic, social, or recreational activities, including athletic activities.

Family Code 34.002

A parent may enter into an authorization agreement with a voluntary adult caregiver with whom a child is placed under a parental child safety placement agreement approved by the Department of Family and Protective Services (DFPS) to allow the person to perform the acts described above with regard to the child during an investigation of abuse or neglect or while the department is providing services to the parent.  Family Code 34.0021

The authorization agreement must conform to the requirements of Family Code Chapter 34 and provide the voluntary adult caregiver’s birthdate.  Education Code 25.002(f)

A child who is the subject of an authorization agreement is not considered to be placed in foster care and the parties to the agreement are not subject to any law or rule governing foster care providers.  Family Code 34.0022(b)

An authorization agreement does not affect the rights of the child’s parent or legal guardian regarding the care, custody, and control of the child, and does not mean that the adult caregiver has legal custody of the child.  Family Code 34.007(b)

Only one authorization agreement may be in effect for a child at any time.  Execution of a subsequent authorization agreement does not by itself supersede, invalidate, or terminate a prior authorization agreement.  Revocation or expiration must be achieved pursuant to Family Code.  An authorization agreement is void if it is executed while a prior authorization agreement remains in effect.  Family Code 34.002(d), .008(f)

An authorization agreement is for a term of six months and renews automatically for six-month terms unless an earlier expiration date is stated in the agreement, the agreement is terminated under Family Code 34.008, or a court authorizes continuation.  Family Code 34.0075

Immunity

A person who is not a party to the authorization agreement who relies in good faith on the authorization agreement, without actual knowledge that the authorization agreement is void, revoked, or invalid, is not subject to civil or criminal liability to any person, and is not subject to professional disciplinary action, for that reliance if the agreement is completed as required by Family Code Chapter 34.  Family Code 34.007(a)

Students in Foster Care

A student placed in foster care by an agency of the state or a political subdivision, and whose foster parents reside in the referring local district, shall be permitted to attend TSBVI free of any charge pending a decision by the referring ARD committee.  No durational residency requirement shall be used to prohibit such a student from fully participating in all activities sponsored by TSBVI.  Education Code 25.001(f)

The local school district of a student in foster care may refer a student in foster care to TSBVI for educational purposes when it is determined that placement at TSBVI is the least restrictive environment in which the student can receive a free, appropriate public education.  The student must have an  identified foster residence in place for the student when the student is not at TSBVI, whether enrolled as a day student or a residential student, participating in the School’s Weekends Home Program, or when School is closed.  TSBVI is not intended or authorized to serve as a foster placement.

Students Under 11

On enrollment of a child under 11 years of age in a local district school for the first time at the school, the local district shall:

  1. Request from the person enrolling the child the name of each previous school attended by the child;
  2. Request from each school identified in item #1, the school records for the child and, if the person enrolling the child provides copies of previous school records, request verification from the school of the child’s name, address, date, and grades and dates attended; and
  3. Notify the person enrolling the student that not later than the 30th day after enrollment, or the ninetieth day if the child was not born in the United States, the person must provide:
    1. A certified copy of the child’s birth certificate; or
    2. Other reliable proof of the child’s identity and age and a signed statement explaining the person’s inability to produce a copy of the child’s birth certificate.

If a person enrolls a child under 11 years of age in school and does not provide the valid prior school information or documentation required, the school shall notify the appropriate law enforcement agency before the thirty-first day after the person fails to comply. 

Code of Criminal Procedures 63.019 

The local district with a student enrolled at TSBVI shall provide the School with copies of the information described in this section.

Inconsistent Documentation

If a child is enrolled under a name other than the name that appears in the identifying documents or records, TSBVI shall notify the missing children and missing person’s information clearinghouse of the child's name as shown on the identifying records and the name under which the child is enrolled.

Missing Documentation

If required documents and other records are not furnished to TSBVI within 30 days after enrollment, TSBVI shall request the local district to notify the police department of the city or the sheriff's department of the county in which the local district is located and request a determination of whether the child has been reported as missing.

Education Code 25.002(b)(c), 38.001

PROOF OF RESIDENCY IN THE LOCAL SCHOOL DISTRICT

The local district may require evidence that a person is eligible to attend the public free schools of the district at the time it considers a student’s application for admission. The local school board or its designee shall establish minimum proof of residency acceptable to the local district. When admission is sought, the local school board shall determine whether an applicant qualifies as a resident of the local district and may adopt reasonable guidelines for making that determination as necessary to protect the best interest of students.  Education Code 25.001(c)

For students applying for admission or already admitted to TSBVI, whose residence address is different from the residence address of the student’s parent or guardian, TSBVI shall require from the local school district documentation that the student has met the district’s requirements for minimum proof of residency.

The local district may withdraw any student who ceases to be a resident. Daniels v. Morris, 746 F.2d 271 (5th Cir. 1984).  Continued enrollment at TSBVI requires a referral for admission from the new district of residence in accord with the federal, state, and the School’s process for doing so.

If a parent or other person with legal control of a child under a court order requests that a local district or TSBVI transfer a child’s student records, the school to which the request is made shall notify the parent or other person as soon as practicable that the parent or other person may request and receive an unofficial copy of the records for delivery in person to a school in another district.

Education Code 25.002(a-1)

Categories Meeting Residency Requirements

Student and Parent

  1. The student and either parent reside in the local school district.

Conservator

  1. The student does not reside in the local school district, but one of the parents resides in the district and that parent is a joint managing conservator or the sole managing conservator or possessory conservator of the student.

Resident Grandparent

  1. The student does not reside in the local district but the grandparent of the student:
    1. Resides in the local district; and
    2. Provides a substantial amount of after-school care for the student as determined by the local school district

Education Code 25.001(b)(9)

Guardian or Person Having Lawful Control

  1. The student and his or her guardian or other person having lawful control under an order of a court or a Voluntary Adult Caregiver under an Authorization Agreement reside in the local school district. Education Code 25.001(j), Texas Family Code Chapter 34.0015(1)

Students Over 18

  1. The person resides in the local district and is 18 or older. Education Code 25.001(b)(8)

Students Living Separately and Apart (Emancipated Teens)

  1. The student is under the age of 18 and has established a separate residence in the local district apart from his or her parent, guardian, or other person having lawful control under an order of a court and has established that the person’s presence in the local district is not for the primary purpose of participation in extracurricular activities.

Education Code 25.001(a)-(b),(d)

Homeless Students

  1. The student is a homeless child.
      1. A child is "homeless," under the McKinney-Vento Homeless Assistance Act, if the child lacks a fixed, regular, and adequate nighttime residence. This includes:
        1. Children who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;
        2. Children who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
        3. Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
        4. Migratory children living in circumstances described above.
          "Migratory child'' means a child who is, or whose parent, spouse, or guardian is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who, in the preceding 36 months, in order to obtain, or accompany such parent, spouse, or guardian in order to obtain, temporary or seasonal employment in agricultural or fishing work:
          1. Has moved from one school district to another; or
          2. Resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence to engage in a fishing activity.

            20 U.S.C. 6399

      2. A child is homeless, under state law, regardless of the residence of the child, either parent, or the child's guardian or other person having lawful control, if:
        1. The child lacks a fixed, regular, and adequate nighttime residence; or
        2. The child has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground
        3. The person lives in a supervised publicly or privately operated shelter designated to provide temporary living accommodations (including hotels and motels paid for by government programs for low-income individuals or by charitable organizations, congregate shelters, and transitional housing);
        4. The person resided in a shelter or place not meant for human habitation and is exiting an institution where he or she temporarily resided;
        5. The person will imminently lose their housing, has no subsequent residence identified, and lacks the resources or support networks needed to obtain other housing; and
        6. The person is an unaccompanied youth or part of a homeless family with children and youth defined as homeless under other federal statutes who:
          1. Has experienced a long-term period without living independently in permanent housing;
          2. Has experienced persistent instability as measured by frequent moves over such period; and
          3. Can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical or mental health conditions, substance addiction, histories of domestic violence or childhood abuse, the presence of a child or youth with a disability, or multiple barriers to employment.

Education Code 25.001(b)(5); 20 U.S.C. 6399; 42 U.S.C. 11434A(2), .11302

Child in DFPS Possession

  1. A local district shall enroll a child without the required documentation if the Department of Family and Protective Services (DFPS) has taken possession of the child. DFPS shall ensure that the required documentation is furnished to the local district not later than the 30th day after the date the child is enrolled. The student’s local district will provide the DFPS documentation to TSBVI immediately upon their receiving it from DFPS. Education Code 25.002(g)

Undocumented Immigrants

  1. Denying enrollment to otherwise eligible children who are not legally admitted into the United States violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Plyler v. Doe  457 U.S. 202 (1982)

Foreign Exchange Students at TSBVI

  1. TSBVI may accept foreign exchange students into its Comprehensive Programs. To be considered for admission, the foreign exchange student must be placed with a host family in Texas by a nationally recognized foreign exchange program.  The exchange student must meet the eligibility requirements for admission to the School except for those requirements related to “least restrictive environment” provisions of the Individuals with Disabilities Education Act.  The School will not accept a foreign exchange student if:
    1. The student’s admission would impose a financial or staffing hardship on TSBVI;
    2. The admission would diminish the School’s ability to provide high quality education services for the School’s domestic students; or
    3. The admission would require domestic students to compete with foreign exchange students for educational resources.

Education Code 25.001(b)(6), (e)

FALSE INFORMATION PROHIBITED

When referring a child for enrollment, the local district shall inform the parent or other person enrolling the child that presenting false information or false records for identification is a criminal offense under Penal Code 37.10 and that enrolling the child under false documents makes the person liable for tuition or other costs.  Education Code 25.002(d), 25.001(h)(i)

CREDITS AND RECORDS

The local district and TSBVI shall accept all credits earned toward state graduation requirements by students in accredited Texas school districts, including credits earned in accredited summer school programs.  Credits earned in local credit courses may be transferred at the local district’s discretion or TSBVI’s discretion.  19 TAC 74.26(a)(1)

Students who are able to successfully complete only one semester of a two-semester course can be awarded credit proportionally.  19 TAC 74.26(d)

A student who is homeless or in substitute care who successfully completes only one semester of a two-semester course shall be awarded credit proportionally.  19 TAC 74.26(e)

Placement and Transfer Students from Private, Out-of-State and Foreign Schools

Records and transcripts of students from Texas nonpublic schools or from out of state or out of the country (including foreign exchange students) shall be evaluated, and students may be placed promptly in appropriate classes.  TSBVI may use a wide variety of methods to verify the content of courses for which a transfer student has earned credit.  19 TAC 74.26(a)(2)

PEST CONTROL INFORMATION

At the time a student is registered, School personnel shall inform parents, guardians, or managing conservators through the Parent and Student Handbook that the School periodically applies pesticides indoors and that information on the application of pesticides is available on request.  Occupations Code 1951.455.

Adopted:          7/13/79
Amended:         11/14/97, 1/24/02, 11/18/05, 1/25/08, 9/20/13, 1/26/18
Reviewed: 

NONDISCRIMINATION

TSBVI shall provide equal opportunities to all individuals within its jurisdiction. Education Code 1.002(a)

No officer or employee of the School shall, when acting or purporting to act in an official capacity, refuse to permit any student to participate in any school program because of the student's race, religion, color, sex, or national origin. Civil Practice and Remedies Code 106.001

The School may not deny services to any individual eligible to participate in its special education program, but it shall provide individuals with disabilities special educational services as authorized by law. Education Code 1.002(b)

FEDERAL FUNDING RECIPIENTS

No person shall be excluded from participation in, denied the benefits of, or subjected to discrimination by the School, on the basis of any of the following protected characteristics:

  1. Sex.
  2. Race, color, or national origin.
  3. Disability, or relationship or association with an individual with a disability.

20 U.S.C. 1681 (Title VI); 42 U.S.C. 2000d (Title IX); 20 U.S.C., 1400 et seq. (Individuals with Disabilities Education Act); 29 U.S.C.794 (Section 504); 42 U.S.C. 12132 (Americans with Disabilities Act [ADA])

Harassment

Sexual harassment of students is discrimination on the basis of sex under Title IX. Franklin v. Gwinnett County Schools, 503 U.S. 60 (1992)

Human Rights Coordinator

The School designates the following employee to coordinate its efforts to comply with Title IX, Section 504, and the Americans with Disabilities Act for student issues.

Name:  Susan Hauser
Position: Director, Center for School Resources
Address: 1100 W. 45th St., Austin, TX 78756
Office Telephone: (512) 206-9273

Grievance Procedures

The School shall adopt and publish grievance procedures for prompt and equitable resolution of student complaints alleging discrimination under these statutes. 34 CFR 106.8 (Title IX); 34 CFR 104.7 (Section 504)

Retaliation

The School shall not coerce, intimidate, threaten, retaliate against, or interfere with any person who attempts to assert a right protected by the above laws or cooperates with investigation and enforcement proceedings under these laws. 34 CFR 100.7€ (Title VI) 104.61 (Section 504), 106.71 (Title IX)

STUDENTS WITH LEARNING DISABILITIES

The Texas Education Agency shall produce and provide to school districts a written explanation of the options and requirements for providing assistance to students who have learning difficulties or who may need special education. The explanation must state that a parent is entitled at any time to request an evaluation of the parent’s child for special education services under Education Code 29.004. Each school year, TSBVI shall provide the written explanation in the student handbook by or by another means. Education Code 26.0081

DISABILITY DISCRIMINATION

ADA

Under the Americans with Disabilities Act (ADA), no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a district, or be subjected to discrimination by the district.  42 U.S.C.A. 12132; 28 CFR 35.130

Section 504

Under Section 504 of the Rehabilitation Act, no otherwise qualified individual with a disability shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.  29 U.S.C.A. 794(a)

Definitions

‘Student with a Disability’

A “student with a disability” is one who has a physical or mental impairment that substantially limits one or more of the student’s major life activities, has a record of having such an impairment, or is being regarded as having such an impairment.

The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures, such as medication, medical supplies, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics, hearing aids, mobility devices, oxygen therapy, assistive technology, or learned behavioral or adaptive neurological modifications.

An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.  An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

A student meets the requirement of being “regarded as” having an impairment if the student establishes that he or she has been subjected to a prohibited action because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.  This provision does not apply to impairments that are transitory or minor.  A transitory impairment is one with an actual or expected duration of 6 months or less.

29 U.S.C. 705(20)(B), 42 U.S.C. 12102(1), (3)–(4)

‘Qualified Individual with a Disability’

The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a district.  42 U.S.C. 12131(2)

‘Major Life Activities’

“Major life activities” include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.  “Major life activity” also includes the operation of major bodily functions, including functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.  42 U.S.C. 12102(2)

REASONABLE MODIFICATION

The School shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the School can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.  28 CFR 35.130(b)(7)

DIRECT THREAT

“Direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided below.  28 CFR 35.104

The ADA does not require the School to permit an individual to participate in or benefit from the services, programs, or activities of the School when that individual poses a direct threat to the health or safety of others.

In determining whether an individual poses a direct threat to the health or safety of others, the School must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain:

  1. The nature, duration, and severity o f the risk;
  2. The probability that the potential injury will actually occur; and
  3. Whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

28 CFR 35.139

HOMELESS CHILDREN

It is the School’s policy and practice to ensure that homeless children are not stigmatized or segregated on the basis of their homeless status.

Liaison

The Principal of Comprehensive Programs designates a social worker as the School’s official Homeless Liaison.  TSBVI shall inform school personnel, service providers, and advocates working with homeless families of the duties of the Homeless Liaison.  Marcela Contreras, MSW, serves as the TSBVI Homeless Liaison.   No Child Left Behind Act of 2001, 42 U.S.C. 11432(g)(1)(J)(i), (ii)

RELIGIOUS FREEDOM

TSBVI may not substantially burden a student’s free exercise of religion, unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest.  Civ. Prac. & Rem. Code 110.003

DISCRIMINATION ON THE BASIS OF SEX

No person in the United States shall, on the basis of sex, be excluded from participation in, denied the benefits of, or be subjected to discrimination by any district receiving federal financial assistance.  20 U.S.C. 1681(a)

The School shall not provide any course or otherwise carry out any of its educational programs or activities separately on the basis of sex, or require or refuse participation therein on the basis of sex, including health, physical education, industrial, business, vocational, technical, home economics, music, and adult education courses.  34 CFR 106.34

Separate Facilities

The School may provide separate toilet, locker room, and shower facilities on the basis of sex, but the facilities provided for one sex shall be comparable to the facilities provided for the other sex.  34 CFR 106.33

Human Sexuality Classes

Portions of classes in elementary and secondary school that deal exclusively with human sexuality may be conducted in separate sessions for boys and girls.  34 CFR 106.34

Vocal Music Activities

The School may make requirements based on vocal range or quality that may result in a chorusor choruses of one or predominantly one sex.  34 CFR 106.34

Single-Sex Programs

The School shall not, on the basis of sex, exclude any student from admission to an institution of vocational education or any other school or educational unit operated by the School unless the School otherwise makes available to the student, pursuant to the same policies and criteria of admission, comparable courses, services, and facilities.  34 CFR 106.35

Pregnancy And Marital Status

The School shall not apply any rule concerning a student’s actual or potential parental, family, or marital status that treats students differently on the basis of sex.  34 CFR 106.40 

Physical Education Classes

The School may group students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex.  34 CFR 106.34

Skills Assessment

Where use of a single standard of measuring skill or progress in physical education classes has an adverse effect on members of one sex, the School shall use appropriate standards that do not have such effect.  34 CFR 106.34

Contact Sports

The School may separate students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.  34 CFR 106.34

Athletic Programs

The School shall not discriminate, on the basis of sex, in interscholastic or intramural athletics or provide any such athletics separately on such basis.

Single-Sex Teams

The School may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport.  However, where the School operates or sponsors a team in a particular sport for members of one sex but not for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try-out for the team offered unless the sport involved is a contact sport.

Equal Athletic Opportunities

If the School operates or sponsors interscholastic or intramural athletics, the School shall provide equal athletic opportunity for members of both sexes.  The following factors shall be considered in determining whether a district provides equal athletic opportunities:

  1. Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes;
  2. Provision of equipment and supplies;
  3. Scheduling of games and practice time;
  4. Travel and per diem allowance;
  5. Opportunity to receive coaching and academic tutoring;
  6. Assignment and compensation of coaches and tutors;
  7. Provision of locker rooms and practice and competitive facilities;
  8. Provision of medical and training facilities and services;
  9. Provision of housing and dining facilities and services; and
  10. Publicity.

34 CFR 106.4

Adopted:         9/27/90
Amended:        1/29/93, 11/14/97, 1/24/02, 11/16/07, 6/5/13
Reviewed:


REPORTS

School authorities, including a superintendent, principal, teacher, school health official, or counselor, shall report to the local health authority those students attending school who are suspected of having a notifiable condition, as defined by state law and the Texas Board of Health.  25 TAC 97.2(d), 97.5(a); Health and Safety Code 81.041, 81.042

School employees who have information that any student enrolled in the School has a notifiable condition, as set forth in 25 TAC 97.3, shall provide the information to the Director of Health Services. If the Director of Health Services believes that information reported by a school employee supports a report to the local health authority, the Director of Health Services shall make the report.  If the Director of Health Services does not believe that the information supports a report to the local health authority, the Director shall so inform the employee; the employee may make the report to the local health authority.

Sexually Transmitted Disease

School administrators who are not medical directors are exempt from reporting AIDS, chancroid, Chlamydia trachomatis infection, gonorrhea, HIV infection, or syphilis to the local health authority or regional director.  25 TAC 97.132  [See FFG(LEGAL) regarding reports to the Department of Family and Protective Services]

“School administrator” means the city or county superintendent of schools or the principal of any school not under the jurisdiction of a city or county board of education.  25 TAC 97.1(24)

EXCLUSION

The Superintendent shall exclude from attendance any student suffering from a communicable condition, as defined by the Texas Board of Health, until one of the criteria for readmittance is fulfilled.  25 TAC 97.7(b)

READMITTANCE

A student excluded for reason of communicable disease shall be readmitted by one or more of the following methods, as determined by the local health authority:

  1. Certificate of the attending physician attesting to their recovery and noninfectiousness.
  2. Permit for readmission issued by the local health authority.
  3. After a period of time corresponding to the duration of the communicability of the disease, as established by the commissioner of health.

25 TAC 97.7(c)

BACTERIAL MENINGITIS

TEA shall prescribe procedures by which each district shall provide information relating to bacterial meningitis to its students and their parents each school year.  The procedures must ensure that the information is reasonably likely to come to the attention of the parents of each student.  The agency shall prescribe the form and content of the information.

With the written consent of TEA, a district may provide the information to its students and their parents by a method different from the method prescribed by the agency if the agency determines that method would be effective in bringing the information to the attention of the parents of each student.

The School shall provide information about bacterial meningitis to its students in the Parent Student Handbook.

Education Code 38.0025

Adopted:         1/11/80

Amended:       6/29/84, 1/14/88, 11/17/95, 5/28/03, 1/22/10

Reviewed:


ASSIGNMENTS

The Principal may assign and transfer any student from classroom to another.  Education Code 25.031

The Principal must make the decision concerning the assignment or transfer of a student on an individual basis and may not consider as a factor in its decision any matter relating to the national origin of the student or the student’s ancestral language.  Education Code 25.032

Any change in classroom assignment must continue to provide the student with a free, appropriate public education in accord with the student’s Individualized Educational Program (IEP).

MULTIPLE BIRTH SIBLINGS

“Multiple birth sibling” means a twin, triplet, quadruplet, or other sibling resulting from a multiple birth.

“Parent” includes a person standing in parental relation.

Placement

The parent of multiple birth siblings who are assigned to the same grade level and school may request in writing, not later than the 14th day after the first day of enrollment, that the School place the siblings in the same classroom or in separate classrooms if such placement is congruent with each child’s Individualized Educational Program (IEP).

The School shall provide the placement requested.  However the School is not required to place multiple birth siblings in separate classrooms if the request would require the School to add an additional class to the grade level of the siblings.

The School may recommend to a parent the appropriate classroom placement and may provide professional educational advice to assist the parent with the decision.

These provisions do not affect:

  1. A right or obligation regarding the individual placement decisions of the admission, review, and dismissal (ARD) committee with respect to students receiving special education services [see EHBAB]; or
  2.  The right of a teacher to remove a student from a classroom under Chapter 37 [see FOA].

Reassignment by Principal

At the end of the first grading period following the multiple birth siblings’ enrollment in the School, if the principal of the School, in consultation with the teacher of each classroom in which the siblings are placed, determines that the requested classroom placement is disruptive to the School, the principal may determine the appropriate classroom placement for the siblings, subject to the provisions of the student’s IEP.

Appeal

A parent may appeal the principal’s classroom placement by requesting an ARD Committee meeting.  During an appeal, the siblings shall remain in the classroom chosen by the parent.  [See FNG]

Education Code 25.043

STUDENTS WHO ARE VICTIMS OF BULLYING

On the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying, the Principal shall transfer the victim to another classroom if available.

In the event that the School has only one classroom which offers the coursework which both the bully and the victim need, the bully will be placed in the disciplinary alternative education placement.  

STUDENTS WHO ENGAGE IN BULLYING

The transfer of a student with a disability who receives special education services and who engaged in bullying may be made only by a duly constituted ARD committee under Education Code 37.004.

Definition

“Bullying” has the meaning assigned by Education Code 37.0832.  [See FFI]

"Bullying" means engaging in written or verbal expression or physical conduct that a board or its designee determines:

  1. Will have the effect of physically harming a student, damaging a student's property, or placing a student in reasonable fear of harm to the student's person or of damage to the student's property; or
  2. Is sufficiently severe, persistent, or pervasive that the action or threat creates an intimidating, threatening, or abusive educational environment for a student.

Verification

The Principal shall verify that a student has been a victim of bullying before transferring the student.  The School may consider past student behavior when identifying a bully.

The determination by the Principal is final and may not be appealed.  The procedures set forth at Education Code 25.034 do not apply to a transfer under this provision.

Education Code 25.0342

Note: For bullying rising to the level of prohibited harassment, see FFH.  For all other bullying, see FFI.

CLASS CHANGES

A parent or person standing in parental relation is entitled to reasonable access to the Principal to request a change in the class or teacher to which the parent's child has been assigned, if the reassignment or change would not affect the assignment or reassignment of another student, or would not affect the services in the reassigned student’s IEP. The decision of the Principal regarding such a request is final and may not be appealed.

Education Code 26.002, 26.003(a)(2), (b) [See FNG

Adopted:          9/22/06
Amended:         11/8/13
Reviewed: