PHYSICAL FITNESS ASSESSMENT
Annually, the TSBVI shall assess the physical fitness of students in grades 3 or higher in a course that satisfies the curriculum requirements for physical education under Education Code 28.002(a)(2)(C) using an assessment instrument adopted by the commissioner of education (currently FitnessGram®). Education Code 38.101(a), .102(a)
TSBVI is not required to assess a student for whom, as a result of disability or other condition identified by commissioner rule, the assessment instrument is inappropriate. Education Code 38.101(b)
The Principal or designated P.E. teacher with the consultation of the Health Center Director shall determine whether the physical fitness assessment is appropriate for each student.
The assessment instrument must be based on factors related to student health, including aerobic capacity; body composition; and muscular strength, endurance, and flexibility, unless a particular factor is inappropriate for that student because of a health classification defined in 19 TAC 74.31 [see Policy EHAA]. Education Code 38.102(b)(1); 19 TAC 103.1001(b)
Report
The School shall compile the results of the physical fitness assessment and provide summary results, aggregated by grade level and any other appropriate category identified by commissioner rule, to TEA. TSBVI shall provide the results of individual student performance on the physical fitness assessment to TEA. The results may not contain the names of individual students or teachers or a student’s social security number or date of birth. Education Code 38.103(a)
Confidentiality
The results of individual student performance on the physical fitness assessment instrument are confidential and may be released only in accordance with state and federal law. Education Code 38.103(b)
TSBVI may accept donations made to facilitate implementation of this subchapter. Education Code 38.105
VISION AND HEARING SCREENING
As soon as possible after admission and within a period set by rule, a student required to be screened shall undergo approved screening for vision and hearing disorders and any other special senses and communication disorders specified by the Texas Department of State Health Services (TDSHS).
Health and Safety Code 36.005(a)
The state requirement for all students to receive vision and hearing screenings is satisfied by reporting to the Texas Department of State Health Services (TDSHS) that a student with a visual or hearing impairment is, respectively, under the care of a licensed eye or hearing specialist.
Local School Responsibility
The resident school district’s superintendent or designee shall ensure that each student admitted to TSBVI complies with the screening requirements set by TDSHS or submits an affidavit of exemption (see below). Health and Safety Code 36.005(c) [See Policy FD admission requirements.]
Screening Schedule
Routine Screening
Children enrolled in kindergarten must be screened each year within 120 days of enrollment. Children enrolled in the first, third, fifth, and seventh grades must receive vision and hearing screening in each of those grade years (can be done at any time during each of those years). Upon written request approved by TDSHS, the screening of vision and hearing may instead occur in kindergarten and first, second, fourth, and sixth grades. 25 TAC 37.25(a)(2), (3), (6)
Screening on Enrollment
Students four years of age and older, who are enrolled in TSBVI for the first time, must be screened for possible hearing problems within 120 calendar days of enrollment. Vision screening is usually completed by the resident school district to establish eligibility to attend TSBVI. If the student is enrolled within 60 days of the date school closes for the summer, the student must be tested within 120 days of the beginning of the following school year. 25 TAC 37.25(a)(1), (5)
Outside Screening
Except for students enrolled in kindergarten, or first grade, TSBVI shall exempt a student from screening if the student’s parent, managing conservator, or legal guardian, or the student under Family Code 32.003 submits a record showing that a professional examination was properly conducted during the grade year in question or during the previous year. The record must be submitted during the grade year in which the screening would otherwise be required. 25 TAC 37.25(a)(4)
Provisional Admission
A parent, managing conservator, or legal guardian, or the student under Family Code 32.003 may execute an affidavit stating that a person, other than the screener used by the resident school district or TSBVI, shall conduct the screening (or that a licensed professional shall conduct an examination) as soon as is feasible. TSBVI may admit the student on a provisional basis for up to 60 days, or may deny admission until the screening record(s) are provided to the School. 25 TAC 37.25(b)
Exemption – Religious Beliefs
A student is exempt from screening if it conflicts with the tenets and practices of a recognized church or religious denomination of which the student is an adherent or a member. To qualify for the exemption, the student or minor student’s parent, managing conservator, guardian, or person having legal responsibility for the student’s support must submit on or before the day of admission an affidavit stating the objections to screening. Health and Safety Code 36.005(b); 25 TAC 37.25 (c) [See Policy FD]
Records
The School shall maintain on a form prescribed by TDSHS in accordance with TDSHS rules, screening records for each student in attendance, and the records are open for inspection by TDSHS or the local health department. Health and Safety Code 36.006; 25 TAC 37.26
Transfer of Records
A student’s screening records may be transferred among districts and to and from the School without the consent of the student or minor student’s parent, managing conservator, or guardian. Health and Safety Code 36.006(c); 25 TAC 37.26(b)(4)
Annual Report
On or before June 30 of each year, the TSBVI shall submit to TDSHS a report on the vision and hearing screening status of its aggregate population screened during the reporting year. TSBVI shall report in the manner specified by TDSHS. Health and Safety Code 36.006(d); 25 TAC 37.26(b)(6)
RISK ASSESSMENT FOR TYPE 2 DIABETES
As soon as possible after admission, each student required to be assessed shall undergo approved risk assessment for type 2 diabetes. The risk assessment should:
- Identify students with acanthosis nigricans; and
- Further assess students identified under paragraph 1 to determine the students’:
- Body mass index; and
- Blood pressure.
The Superintendent shall ensure that each student admitted to TSBVI complies with the diabetes risk assessment requirements or submits an affidavit of exemption for these students at risk for diabetes.
Health and Safety Code 95.002(d),.003(a)
Applicability
TSBVI is located in TEA Regional Education Service Center 13. As such, students who attend the School shall be subject to risk assessment. Health and Safety Code 95.002(b)
Outside Screening
The student or minor student’s parent, managing conservator, or guardian may substitute a professional examination for the risk assessment. Health and Safety Code 95.003(a)
Exemption – Religious Beliefs
A student is exempt from risk assessment if it conflicts with the tenets and practices of a recognized church or religious denomination of which the student is an adherent or a member. To qualify for the exemption, the student or minor student’s parent, managing conservator, or guardian must submit to the Superintendent, on or before the day of the risk assessment process, an affidavit stating the objections to the risk assessment. Health and Safety Code 95.003(b)
Records
The Superintendent or designee shall maintain the risk assessment records for each student in attendance and enter the risk assessment information for each student on the surveillance software selected by the University of Texas—Rio Grande Valley Border Health Office (the Border Health Office). The risk assessment records are open for inspection by the Border Health Office or the local health department. Health and Safety Code 95.004(a)
Transfer of Records
A student’s risk assessment records may be transferred among school districts without the consent of the student, or, if the student is a minor, the student’s parent, managing conservator, or guardian. Health and Safety Code 95.004(c)
Annual Report
TSBVI shall submit to the Border Health Office an annual report on the risk assessment status of the students in attendance during the reporting year and shall include in the report any other required information. Health and Safety Code 95.004(e)
SPINAL SCREENING
Each student required by TDSHS rule to be screened shall undergo approved screening for abnormal spinal curvature. Health and Safety Code 37.002(a)
TSBVI Responsibility
The Superintendent shall ensure that each student admitted to TSBVI complies with the screening requirements or submits an affidavit of exemption (see below). The Superintendent is responsible for notifying a parent, managing conservator, or guardian of the requirement to conduct spinal screening, the purpose and the reasons for spinal screening and potential risk to the child if declined, the method used to perform the screening, and the method to decline spinal screening based on a religious belief exemption. Health and Safety Code 37.002(c), 25 TAC 37.144(a),(c)
Screening Schedule
Routine Screening
Students who meet the criteria outlined in TDSHS policy shall be screened for abnormal spinal curvature before the end of the school year. 25 TAC 37.144(c),(1)
Screening on Enrollment
If a student is enrolled within 60 days of the date a school closes for the summer, the student’s screening must be conducted within 120 days of the beginning of the following school year. TSBVI may offer a student the opportunity for spinal screening if the student has no record of having been screened previously. 25 TAC 37.144(c)(2), (3), (4)
Outside Screening
The spinal screening requirements may also be met by a professional examination as defined in 25 Administrative Code 37.142(6). 25 TAC 37.144(c)(1)
Provisional Admission
A parent, managing conservator, or legal guardian, or the student under Family Code 32.003 may execute an affidavit stating that a person, other than the screener used by TSBVI, shall conduct the screening as soon as is feasible. TSBVI may admit the student on a provisional basis for up to 60 days, or may deny admission until the screening record(s) are provided to the School. The 60-day time period is from November 30 to January 30 of each school year. 25 TAC 37.144(d)
Exemption – Religious Beliefs
A student is exempt from screening if it conflicts with the tenets and practices of a recognized church or religious denomination of which the student is an adherent or a member. To qualify for the exemption, the student’s parent, managing conservator, or guardian must submit to the Superintendent on or before the day of the screening procedure an affidavit stating the objections to screening. Health and Safety Code 37.002(b); 25 TAC 37.144(e)
Records
TSBVI must comply with recordkeeping and reporting requirements set out in 25 Administrative Code 37.145(b). Spinal screening records and exemption affidavits must remain onsite for at least two years. 25 TAC 37.145(b) [See Policy FL]
Transfer of Records
Spinal screening records are transferrable between districts without the consent of the student or minor student’s parent, managing conservator, or legal guardian. 25 TAC 37.145(b)(3)
Report of Abnormality
If the spinal screening indicates that a student may have abnormal spinal curvature, the individual performing the screening shall fill out a report on a form prescribed by TDSHS.
The Superintendent shall retain one copy of the report and shall mail one copy to the parent, managing conservator, or guardian of the individual screened, and the resident school district.
Health and Safety Code 37.003, 25 TAC 37.144(b)
Annual Report
On or before June 30 of each year TSBVI shall submit to TDSHS an annual report of spinal screening status of its aggregate population screened during the reporting year. TSBVI shall report in the manner specified by TDSHS. 25 TAC 37.145(b)(5)
POLICY
As a condition of receiving funds under a program funded in whole or in part by the U.S. Department of Education (DOE), TSBVI shall develop and adopt policies, in consultation with parents, pursuant to 20 U.S.C. 1232h(c)(1), regarding the administration of any invasive physical examinations or screenings even though TSBVI would not administer such procedures to the student. 20 U.S.C. 1232h(c)(1)(D)
TSBVI shall provide notice of the policies at least annually, at the beginning of the school year in the Parent Student Handbook and TSBVI website and within a reasonable time after any substantive change in the policies. 20 U.S.C. 1232h(c)(2)(A)(i)
Notification and Opt-Out
At least annually at the beginning of the school year, TSBVI shall directly notify parents through the Parent Student Handbook of the specific or approximate dates during the school year when any nonemergency, invasive physical examination or screening, described below, is scheduled or expected to be scheduled. It is not customary for any such invasive physical examinations or screening to occur at TSBVI. The required federal notification applies to nonemergency, invasive physical examinations or screenings that are:
- Required as a condition of attendance;
- Administered and scheduled by the School in advance; and
- Not necessary to protect the immediate health and safety of the student or of other students.
At a minimum, TSBVI shall offer an opportunity for the parent to opt the student out of participation in these types of invasive examinations or screenings. 20 U.S.C.1232h(c)(2)(A)(ii), (C)(iii)
Exception
These provisions do not apply to any hearing, vision or scoliosis screening or any physical examination that is permitted or required by an applicable state law, including physical examinations or screenings that are permitted without parental notification. 20 U.S.C. 1232h(c)(4)(B)(ii)
[See Policy EF]
LICE
The Board requires that an elementary school nurse who determines or otherwise becomes aware that a child enrolled in the School has lice shall provide written or electronic notice of that fact to:
- The parent of the child with lice as soon as practicable but not later than 48 hours after the administrator or nurse, determines or become aware of that fact; and
- The parent of each child assigned to the same classroom as the child with lice not later than the fifth school day after the date on which the administrator or nurse, determines or become aware of that fact.
The notice:
- Must include the recommendations of the Centers for Disease Control and Prevention for the treatment and prevention of lice; and
- May not identify the child with lice if the notice is to the parent of each child in the same classroom.
Education Code 38.031
Adopted: 3/7/80
Amended: 3/9/84, 9/21/84, 1/23/87, 1/26/89, 9/27/91, 1/29/93, 1/26/96, 5/28/03, 4/1/05, 11/16/07, 1/22/10, 6/3/16, 8/9/18
Reviewed: