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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:

DEFINITION

Bullying occurs when a student or group of students engages in written or verbal expression, expression through electronic means, or physical conduct that occurs on school property, at a school-sponsored or school-related activity, when the written or verbal expression or conduct, although started off-campus, has an effect on campus such that it can reasonably be considered to have occurred on-campus, or at a school-sponsored or school-related activity, or in a vehicle operated by, or on behalf of, TSBVI; 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; or
  2. Is sufficiently severe, persistent, and pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student.

This conduct is considered bullying if it:

  1. Exploits an imbalance of power between the student perpetrator and the student victim through written or verbal expression or physical conduct; and
  2. Interferes with a student's education or substantially disrupts the operation of a school.

POLICY

The Board adopts this 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 a parent or guardian of the victim and a parent or guardian of the 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, 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 will be included in the Parent and Student Handbook which will be posted on the School's website.

Education Code 37.0832 (a)–(e)

Adopted: 9/21/12

Amended:

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, 6/3/2016, 11/18/16, 4/7/17, 6/2/17
FB EQUAL EDUCATIONAL OPPORTUNITIES Amended 6/5/13
FD ADMISSIONS AND ATTENDANCE Amended 9/20/13
FDA ADMISSIONS: TRANSFER OF RECORDS  Adopted 11/8/13
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 6/3/2016
FFAB WELLNESS AND HEALTH SERVICES: IMMUNIZATIONS Amended 6/3/2016
FFAC FFAC - WELLNESS AND HEALTH SERVICES:  MEDICAL TREATMENT Amended 1/22/10
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 Adopted 9/21/12
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 5/25/04
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 1/26/07
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 3/21/03
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 11/19/04
FOA PLACEMENT IN ALTERNATIVE EDUCATIONAL SETTING: REMOVAL BY TEACHER Amended 11/19/04
FOB STUDENT DISCIPLINE: OUT-OF-SCHOOL SUSPENSION Amended 11/19/04
FOC STUDENT DISCIPLINE: PLACEMENT IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS Amended 11/19/04
FOCA PLACEMENT IN ALTERNATIVE EDUCATION SETTING: DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS Amended 11/19/04
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 PLACEMENT OR EXPULSION Amended 11/19/04
FOF STUDENT DISCIPLINE- STUDENTS WITH DISABILITIES Amended 3/26/04
FP STUDENT FEES, FINES, AND CHARGES Amended 5/25/05

GENERAL ELIGIBILITY

The local Board or its designee shall admit into the free public schools of the local district all persons who are over five and younger than 21 years of age on September 1 of any school year in which admission is sought, and may admit a person who is at least 21 and under 26 for the purpose of completing the requirements for a high school diploma, if any of the following conditions exist:

Student and Parent

  1. The person and either parent reside in the local district.

Conservator

  1. The person does not reside in the local 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 person.

Guardian or Person Having Lawful Control

  1. The person and his or her guardian or other person having lawful control under an order of a court reside in the local district.

Students Living Separately and Apart

  1. The person 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. The local district’s Board and TSBVI are  not required to admit such person, however, if the person has:
    1. engaged in conduct that resulted in removal to an alternative education program or expulsion within the preceding year;
    2. engaged in delinquent conduct or conduct indicating a need for supervision and is on probation or other conditional release for that conduct; or
    3. been convicted of a criminal offense and is on probation or other conditional release.

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

Homeless Student

  1. The person is a homeless child.
    1. A child is "homeless," under the McKinney-Vento Homeless Education 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 in a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill), an institution providing temporary residence for individuals intended to be institutionalized, or a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings.

Education Code 25.001(b); 20 U.S.C. 6399; 42 U.S.C.11434(a)

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)

Students Over 18

  1. The person resides in the local district and is 18 or older or the person's disabilities of minority have been removed.  Education Code 25.001(b)(8)

Resident Grandparent

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

Education Code 25.001(b)(9)

PROOF OF ELIGIBILITY

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 an application for admission of the person. The local Board or its designee shall establish minimum proof of residency acceptable to the local district. When admission is sought under item 4 above, the local 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.

ILLEGAL ALIENS

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)

HIGH SCHOOL EQUIVALENCY CERTIFICATE

A student who has received a high school equivalency certificate is entitled to enroll in a local public school in the same manner as any other student who has not received a high school diploma.  Education Code 29.087(h)

SUBSTITUTE FOR PARENT OR GUARDIAN

The TSBVI Board authorizes a School administrator 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)

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 local district, shall be permitted to attend local district schools free of any charge to the foster parents or to the agency. No durational residency requirement shall be used to prohibit such a student from fully participating in all activities sponsored by a local district. 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 the School as a day 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.

ENROLLMENT

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

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

Required Documentation

Not later than the 30th day after the date a parent or other person with legal control of a child enrolls the child in TSBVI, the parent or other person, or the school district in which the child most recently attended school, 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;

    Students shall not be denied enrollment or be removed solely because they fail to provide the documentation required in items 1 and 2, above.

  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]

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

A local district or TSBVI must furnish information under items 1 and 2 not later than the tenth working day after the date the local district or TSBVI receives a request for the information.

A parent or other person with legal control of a child under a court order must furnish information under items 1 and 2 not later than the 30th day after the date a child is enrolled in school.

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)

Child in FPS Possession

A local district shall enroll a child without the required documentation if the Department of Family and Protective Services (FPS) has taken possession of the child. FPS 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 FPS documentation to TSBVI immediately upon their receiving it from FPS.  Education Code 25.002(g)

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 persons 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 the 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

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.

FALSE INFORMATION

When accepting a child for enrollment, the local district and TSBVI 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 as provided below.  Education Code 25.002(d)

In addition to the penalty under Penal Code 37.10, a person who knowingly falsifies information on a form required for a student's enrollment in a local district is liable to the district if the student is not eligible for enrollment, but is enrolled on the basis of false information. For the period during which the ineligible student is enrolled, the person is liable for the maximum tuition fee a local district may charge
[see FDA] or the amount a local district has budgeted per student as maintenance and operating expense, whichever is greater.  Education Code 25.001(h)

A local district may include on its enrollment form notice of the legal penalties and liability for falsifying information on the form. Education Code 25.001(i)

PLACEMENT OF TRANSFERS

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.  Transfer students shall not be prohibited from attending school pending receipt of transcripts or academic records from a district the student previously attended.  19 TAC 74.26(a)(i)

The School shall grant a student credit toward the academic course requirements for high school graduation for courses the student successfully completes in Texas Juvenile Justice Department (TJJD) educational programs.  Education Code 30.104

The School shall consider course credit earned by a student while in a juvenile justice alternative education program as credit earned in TSBVI.  Education Code 37.001(d)

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 local district or 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)

FOUNDATION SCHOOL PROGRAM

A person is entitled to the benefits of the available school fund for a school year if:

  1. On September 1 of the year the person is at least five years of age and under 21 years of age, and has not graduated from high school.
  2. On September 1 of the year the person is at least 21 years of age and under 26 years of age and is admitted by a school district to complete the requirements for a high school diploma.
  3. The person is enrolled in prekindergarten under Education Code 29.153
  4. The person is younger than five years of age and performs satisfactorily on the state assessment instrument administered to third graders and a district has adopted a policy to admit students younger than five years of age.
  5. The person is enrolled in the first grade and is at least six years of age at the beginning of the current school year, or has been enrolled in the first grade, or has completed kindergarten, in the public schools of another state before transferring to a Texas public school.

Education Code 25.001(a), 42.003

SCREENING

The Director of Health Services of TSBVI shall ensure that each student admitted to TSBVI has complied with requirements for screening of special senses and communication disorders, spinal screening and acanthosis nigricans screening or has submitted an affidavit of exemption. Health and Safety Code 36.005, 37.002, 95.003(c).

PEST CONTROL INFORMATION

At the time a student is registered, School personnel shall inform parents, guardians, or managing conservators 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
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:

SCHOOL SAFETY CHOICE OPTION

TEA shall establish and implement a statewide policy requiring that a student be allowed to attend a safe public elementary or secondary school within a district, including a public charter school, if the student:

  • Attends a persistently dangerous public elementary or secondary school, as defined by TEA; or
  • Becomes a victim of a violent criminal offense, as determined by state law, while in or on the grounds of the public elementary or secondary school that the student attends.

No Child Left Behind Act of 2001, 20 U.S.C. 7912

SEXUAL ASSAULT TRANSFER

For the purposes of the following provisions:

  • "Assailant" means a student who has been adjudicated for a sexual assault or aggravated sexual assault if the assault was committed against another student who, at the time of the offense, was assigned to the same campus as the assailant, regardless of whether the conduct occurred on or off of school property.
  • "Victim" means the victim of the sexual assault.

Transfer of Assailant

On the request of a parent or other person with authority to act on behalf of the victim of the sexual assault, the Principal shall transfer the assailant to the School's disciplinary alternative education program.

To the extent permitted under federal law, the Principal shall notify the parent or other person with authority to act on behalf of the victim that the assailant has been assigned to the School's disciplinary alternative education program.

Education Code 25.034 does not apply to a transfer under this provision.

Education Code 25.0341

Adopted: 9/22/06

Amended:

Reviewed: