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Index   08/26/94, 09/29/95, 11/17/95, 3/22/96, 5/24/96, 9/27/96, 11/15/96, 1/24/97, 5/23/97, 9/26/97, 11/14/97, 1/23/98, 3/31/98, 5/21/98, 11/6/98, 3/30/99, 11/19/99, 1/24/02, 3/26/02, 11/22/02, 1/31/03, 3/21/03, 5/28/03, 11/21/03, 1/30/04, 3/26/04, 11/19/04, 1/26/05 (SH) , 2/1/05, 4/1/05, 5/25/05, 11/18/05, 1/27/06 3/24/06, 7/28/06, 9/22/06, 1/17/06, 1/26/07, 3/23/07, 5/23/07, 7/23/07, 9/28/07, 11/16/07, 1/25/08, 3/28/08, 6/4/08, 9/26/08, 11/21/08, 1/23/09, 4/3/09, 9/25/09, 11/20/09, 1/22/10, 4/9/10, 6/2/10, 11/19/10, 1/28/11, 11/9/12, 1/25/13, 11/8/13, 9/20/13, 1/31/14, 6/4/14, 11/21/14, 4/10/15, 6/3/15, 8/7/15,11/20/15, 1/29/2016, 6/3/2016, 9/20/16, 11/18/16, 9/29/17, 4/6/18, 6/1/18,11/16/18, 1/25/19, 4/5/19
CB CB (TSBVI) – STATE AND FEDERAL REVENUE SOURCES  Adopted 11/16/18
CBA STATE AND FEDERAL REVENUE SOURCES: STATE Amended 4/6/18
CBB STATE AND FEDERAL REVENUE SOURCES: FEDERAL Amended 11/18/16
CDA(TSBVI) OTHER REVENUES: INVESTMENTS Amended 11/16/18
CDB OTHER REVENUES: SALE, EXCHANGE, OR LEASE OF SCHOOL-OWNED PROPERTY Reviewed: 6/3/15
CDC OTHER REVENUES: GIFTS AND SOLICITATIONS Amended 6/1/18
CDCA OTHER REVENUES: GIFTS AND DONATIONS: LEGACY FUND Amended: 4/10/15
CE ANNUAL OPERATING BUDGET Amended 6/1/18
CF ACCOUNTING Deleted 6/3/15
CFA ACCOUNTING: FINANCIAL REPORTS AND STATEMENTS Amended 6/1/18
CFB ACCOUNTING INVENTORIES Amended 8/7/15
CFC ACCOUNTING: AUDITS Amended: 4/6/18
CFCA INTERNAL AUDIT CHARTER Amended 9/29/17
CFDA ACCOUNTING: SCHOOL ACTIVITY FUND MANAGEMENT Reviewed 1/29/16
CFDB Accounting: Student Trust Fund Reviewed 1/29/16
CFE ACCOUNTING: PAYROLL PROCEDURES Reviewed 1/29/16
CFEA PAYROLL PROCEDURES: SALARY DEDUCTIONS Amended 1/29/16
CFG ACCOUNTING: CASH RECEIVED FOR SCHOOL PURPOSES Reviewed 1/29/16
CG BONDED EMPLOYEES AND OFFICERS Reviewed 1/29/16
CH PURCHASING AND ACQUISITION Amended 1/25/19
CHB PURCHASING AND ACQUISITION: PETTY CASH ACCOUNT Amended 6/1/18
CHC PURCHASING Deleted 1/25/19
CHF PURCHASING AND ACQUISITION: PAYMENT PROCEDURES Amended 6/1/18
CJ CONTRACTED SERVICES Adopted: 4/6/18
CJA CONTRACTED SERVICES: CRIMINAL HISTORY Adopted: 4/6/18
CK SAFETY PROGRAM/RISK MANAGEMENT Amended: 4/6/18
CKA SAFETY PROGRAM: INSPECTIONS Amended 6/1/18
CKB SAFETY PROGRAM/RISK MANAGEMENT: ACCIDENT PREVENTION AND REPORTS Amended: 4/6/18
CKC SAFETY PROGRAM/RISK MANAGEMENT: EMERGENCY PLANS Amended: 4/6/18
CKD SAFETY PROGRAM/RISK MANAGEMENT: EMERGENCY MEDICAL EQUIPMENT AND PROCEDURES Amended: 4/6/18
CKE SAFETY PROGRAM/RISK MANAGEMENT: SECURITY PERSONNEL Adopted: 4/6/18
CKF RISK MANAGEMENT Amended: 3/26/04
CKFB RISK MANAGEMENT: RETURN TO WORK PROGRAM Reviewed: 1/31/03
CL BUILDING, GROUNDS AND EQUIPMENT MANAGEMENT Amended:4/6/18
CLA BUILDINGS, GROUNDS AND EQUIPMENT MANAGEMENT: SECURITY Amended: 11/19/10
CLB BUILDING, GROUNDS AND EQUIPMENT MANAGEMENT: MAINTENANCE Amended: 11/20/09
CLC BUILDING, PROPERTY AND EQUIPMENT MANAGEMENT: TRAFFIC AND PARKING CONTROLS Amended: 11/16/18
CLD BUILDING, GROUNDS AND EQUIPMENT MANAGEMENT: NAMES OF TSBVI BUILDINGS Amended: 3/21/03
CLE BUILDING, GROUNDS AND EQUIPMENT MANAGEMENT: FLAG DISPLAYS Reviewed 6/3/2016
CMD EQUIPMENT AND SUPPLIES MANAGEMENT: INSTRUCTIONAL MATERIALS CARE AND ACCOUNTING Amended: 11/16/18
CNA TRANSPORTATION MANAGEMENT: STUDENT TRANSPORTATION Amended: 1/25/19
CNB TRANSPORTATION MANAGEMENT: SCHOOL-OWNED VEHICLES Amended: 4/6/18
CNC TRANSPORTATION MANAGEMENT: TRANSPORTATION SAFETY Amended: 1/25/19
CO FOOD SERVICES MANAGEMENT Amended: 4/6/18
COA FOOD SERVICES MANAGEMENT: FOOD PURCHASING Amended: 4/6/18
COB FOOD SERVICES MANAGEMENT: FREE AND REDUCED-PRICE FOOD PROGRAM Adopted: 4/6/18
COD CANTEEN OPERATION AND CONTROL Amended: 1/28/11
CPAB OFFICE COMMUNICATIONS: MAIL AND DELIVERY Adopted 6/1/18
CPC OFFICE MANAGEMENT: RECORDS MANAGEMENT PROGRAM Amended: 11/10/15
CQ Technology Resources Amended 4/6/18
CQA TECHNOLOGY RESOURCES: TSBVI AND CLASSSROOM WEBSITES Amended 4/6/18
CRB BOARD MEMBER AND EXECUTIVE MANAGEMENT STAFF LIABILITY INSURANCE AND FOR WORKSITES WHERE STUDENTS VOLUNTEER
Amended: 11/16/18
CRD INSURANCE AND ANNUITIES MANAGEMENT: HEALTH AND LIFE INSURANCE Reviewed: 11/16/18
CRE INSURANCE AND ANNUITIES MANAGEMENT: WORKERS' COMPENSATION COVERAGE Reviewed: 11/16/18
CRF INSURANCE AND ANNUITIES MANAGEMENT: UNEMPLOYMENT INSURANCE Amended 6/1/18
CRG INSURANCE AND ANNUITIES MANAGEMENT: DEFERRED COMPENSATION AND ANNUITIES Reviewed: 11/16/18
CS FACILITY STANDARDS Reviewed: 4/3/09
CV FACILITIES CONSTRUCTION Reviewed 11/16/18
CY (TSBVI) INTELLECTUAL PROPERTY Amended 4/5/19
CY-E INTELLECTUAL PROPERTY (EXHIBIT) Adopted 4/5/19

Intellectual Property

All copyrights, trademarks, and other intellectual property rights of TSBVI shall remain with the School at all times.

With legal review and advice of TSBVI’s General Counsel, the Superintendent has the authority to post works for hire (intellectual property of TSBVI created by TSBVI employees) to the TSBVI website and to grant various irrevocable Creative Commons Licenses [for non-commercial use with Attribution 4.0 International or other license types] to benefit the blind and visually impaired community and to promote the reputation and expertise of the School statewide, nationally and internationally.  The Superintendent shall adopt procedures to insure that such licenses will not have a detrimental financial impact on TSBVI.

Students

A student shall retain all rights to work created as part of instruction or using TSBVI technology resources.

Employees

School Ownership

As an agent of the TSBVI, an employee, including a student employee, shall not have rights to work he or she creates on school time or using TSBVI technology resources.  The School shall own any work or work product created by a TSBVI employee in the course and scope of his or her employment, including the right to obtain copyrights.

Employee Ownership

If the employee obtains a patent for such work, the employee shall grant a non-exclusive, non-transferable, perpetual, royalty-free, schoolwide license to TSBVI for use of the patented work.  A TSBVI employee shall own any work or work product produced on his or her own time, away from his or her job and with personal equipment and materials, including the right to obtain patents or copyrights.

Permission

A school employee may apply to the Superintendent or designee to use TSBVI materials and equipment in his or her creative projects, provided the employee agrees either to grant to TSBVI a non-exclusive, non-transferable, perpetual, royalty-free, schoolwide license to use the work, or permits TSBVI to be listed as co-author or co-inventor if the School’s contribution to the work is substantial. TSBVI materials do not include student work, all rights to which are retained by the student.

Works Made for Hire

TSBVI may hire an independent contractor for specially commissioned work(s) under a written works-made-for-hire agreement that provides that the School shall own the work product created under the agreement, as permitted by copyright law. Independent contractors shall comply with copyright law in all works commissioned.

Return of Intellectual Property

Upon the termination of any person’s association with TSBVI, all permission to possess, receive, or modify the School’s intellectual property shall also immediately terminate.  All such persons shall return to the School all intellectual property, including but not limited to any copies, no matter how kept or stored, and whether directly or indirectly possessed by such person.

Copyright

Unless the proposed use of a copyrighted work is an exception under the “fair use” guidelines maintained by the Superintendent or designee, TSBVI shall require an employee or student to obtain a license or permission from the copyright holder before copying, modifying, displaying, performing, distributing, or otherwise employing the copyright holder’s work for instructional, curricular, or extracurricular purposes.  This policy does not apply to any work sufficiently documented to be in the public domain.

Fair Use

Employees who make copies or use copyrighted materials in their jobs shall be expected to be familiar with published provisions regarding fair use and public display and shall provide their supervisor, upon request, the justification under Section 107 or 110 of U.S.C. 17 for materials that have been used or copied. [See CY (EXHIBIT)]

Technology Use

All persons are prohibited from using school technology in violation of any law including copyright law.  Only appropriately licensed programs or software may be used with TSBVI technology resources.  No person shall use the District’s technology resources to post, publicize, or duplicate information in violation of copyright law.  The Board shall direct the Superintendent or designee to employ all reasonable measures to prevent the use of TSBVI technology resources in violation of the law.  All persons using TSBVI technology resources in violation of law shall lose user privileges in addition to other sanctions. [See CQ]

Electronic Media

Unless a license or permission is obtained, electronic media in the classroom, including motion pictures and other audiovisual works, must be used in the course of face-to-face teaching activities as defined by law.

Designated Agent

TSBVI shall designate its General Counsel to receive notification of alleged online copyright infringement and shall notify the U.S. Copyright Office of the designated agent’s identity.  The School shall include on its Website information on how to contact the School’s attorney and a copy of the TSBVI’s copyright policy.  Upon notification, the School’s attorney shall take all actions necessary to remedy any violation.  TSBVI shall provide the designated agent appropriate training and resources necessary to protect the School.

If a content owner reasonably believes that the School’s technology resources have been used to infringe upon a copyright, the owner may notify the School’s General Counsel.

Copyrighted Material

Copyright protection subsists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.  Works of authorship include the following categories:

  1. Literary works;
  2. Musical works, including any accompanying words;
  3. Dramatic works, including any accompanying music;
  4. Pantomimes and choreographic works;
  5. Pictorial, graphic, and sculptural works;
  6. Motion pictures and other audiovisual works;
  7. Sound recordings; and
  8. Architectural works.

In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

17 U.S.C. 102; United States Copyright Law, 17 U.S.C. 101–1332

Ownership of Copyright

Copyright in a work protected under United States Copyright Law vests initially in the author or authors of the work. The authors of a joint work are co-owners of copyright in the work.  17 U.S.C. 201(a)

Work for Hire

In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of United States Copyright Law, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.  17 U.S.C. 201(b)

A “work made for hire” is:

  1. A work prepared by an employee within the scope of his or her employment; or
  2. A work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

A “supplementary work” is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwards, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes.

An “instructional text” is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.

17 U.S.C. 101

Transfer of Ownership

The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by 17 U.S.C. 106, may be transferred and owned separately.  The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner.

17 U.S.C. 201(d)

Registering a Copyright

At any time during the subsistence of the first term of copyright in any published or unpublished work in which the copyright was secured before January 1, 1978, and during the subsistence of any copyright secured on or after that date, the owner of copyright or of any exclusive right in the work  may obtain registration of the copyright claim by registering in accordance with 17 U.S.C. 408–409 and 708.  Such registration is not a condition of copyright protection.  17 U.S.C. 408(a)

Exclusive Rights

Employees of the School shall comply with the provisions of the United States Copyright Law.  Subject to certain specific exceptions, as stated below, the owner of a copyright has the exclusive rights to reproduce, distribute, perform, or display the copyrighted work, or to authorize such reproduction, distribution, performance, or display by others.

The owner of a copyright has the exclusive rights:

  1. To reproduce the copyrighted work in copies or phonorecords;
  2. To prepare derivative works based upon the copyrighted work;
  3. To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
  4. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
  5. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
  6. In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

17 U.S.C. 106; 107—122

Fair Use

An exception to the exclusive rights enjoyed by copyright owners is the doctrine of fair use.  The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by 17 U.S.C. 106, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. The following factors shall be considered in determining fair use:

  1. The purpose and character of the use, including whether the use is of a commercial nature, or for nonprofit educational purposes.
  2. The nature of the copyrighted work.
  3. The amount and importance of the portion used in relation to the copyrighted work as a whole.
  4. The effect of the use upon the potential market for, or value of, the copyrighted work.

17 U.S.C. 107

Performances and Displays

Additional  exceptions related to performances or displays of a work by instructors or students, in the course of face-to-face teaching activities in a classroom or other similar place devoted to  non-profit education, unless in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under United States Copyright Law, and that the person responsible for the performance knew or had reason to believe was not lawfully made.

17 U.S.C. 110

Guidelines

Employees who wish to use a copyrighted print material and sheet music shall follow the guidelines set forth in the "Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions" and "Guidelines for Educational Uses of Music" (See TSBVI Policy CY). These guidelines establish a minimum guaranteed fair use, not a maximum.  Any use which falls within these guidelines is a fair use; any use which exceeds these guidelines shall be judged by the four factors stated above and may be subject to challenge.  Any determination regarding whether a use which exceeds the guidelines is a fair use shall rest with an appropriate court of law.

Prohibitions

Notwithstanding the fair use guidelines, the following shall be prohibited:

  1. Copying of print materials and sheet music to create or replace or substitute for anthologies, compilations, or collective works. This prohibition against replacement or substitution applies whether copies of various works or excerpts are accumulated, or reproduced and used separately.
  2. Copying of or from works intended to be "consumable" in the course of study or teaching. These works include workbooks, exercises, standardized tests, test booklets, answer sheets, and like consumable material.

Copying shall not substitute for the purchase of books, publishers' reprints, or periodicals; be directed by higher authority; or be repeated with respect to the same item by the same teacher from term-to-term.

No charge shall be made to the student beyond the actual cost of the photocopying.

Additional prohibitions regarding the use of music are:

  1. Copying for the purpose of performance, except as permitted under the "Guidelines for Educational Use of Music."
  2. Copying for the purpose of substituting for the purchase of music, except as permitted under the "Guidelines for Educational Use of Music."
  3. Copying without inclusion of the copyright notice that appears on the printed copy.
Reference

“Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions" and "Guidelines for Educational Use of Music" contained in the historical note following 17 U.S.C. 107.

Broadcast Programs

Broadcast programs, including commercial and public television and radio, shall not be videotaped, or tape recorded, for reuse without permission, except within the following guidelines:

  1. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by the School for a period not to exceed the first 45 consecutive calendar days after date of recording. At the end of that retention period, off-air recordings shall be erased or destroyed.
  2. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities and repeated once only when instructional reinforcement is necessary during the first ten consecutive school days within the 45-calendar-day retention period. "School days" are actual days of instruction, excluding examination periods.
  3. Off-air recordings shall be made at the request of and used by individual teachers and shall not be regularly recorded in anticipation of requests. No broadcast program shall be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program is broadcast.
  4. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.  All copies of off-air recordings shall include the copyright notice of the broadcast program as recorded.
  5. After the first ten consecutive school days, off-air recordings may be used up to the end of the 45-calendar-day retention period only to determine whether or not to include the broadcast program in the teaching curriculum and shall not be used in the School for student exhibition or any other nonevaluative purpose without authorization.
  6. Off-air recordings need not be used in their entirety, but the recorded programs shall not be altered from their original content. Off-air recordings shall not be physically or electronically combined or merged to constitute teaching anthologies or compilations.

17 U.S.C. 107 historical note

Copyright Infringement

Anyone who violates any of the exclusive rights of the copyright owner or of the author as provided in 17 U.S.C. 106A(a) is an infringer of the copyright or right of the author.  The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of 17 U.S.C. 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it.  17 U.S.C. 501(a)–(b)

Online Copyright Infringement

Limitation of Liability

To the extent that the School is a “service provider” (regarding online services) under 17 U.S.C. 512(k) and meets other conditions in 17 U.S.C. 512, the School shall not be liable for monetary relief or certain injunctive or other equitable relief, except as allowed under 17 U.S.C. 512(j), for copyright infringement in certain online services (transitory communications, system caching, storage of information on systems or networks at the instruction of users, and information location tools) provided by the District.  17 U.S.C. 512

Eligibility for Limitations on Liability

The limitations on liability established by 17 U.S.C. 512 shall apply to a service provider only if the service provider:

  1. Has adopted and reasonably implemented, and informs subscribers and account holders of the service provider’s system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider’s system or network who are repeat infringers; and
  2. Accommodates and does not interfere with standard technical measures. The term “standard technical measures” means technical measures that are used by copyright owners to identify or protect copyrighted works and:
    1. Have been develo

Trademarked Material

TSBVI protects all School and campus trademarks, including names, logos, mascots, and symbols, from unauthorized use.

Trademark

The term “trademark” includes any word, name, symbol, or device, or any combination thereof, used by a person or which a person has a bona fide intention to use in commerce and applies to register on the principal register to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.

School-Related Use

TSBVI grants permission to students, student organizations, parent organizations and other school- affiliated school-support or booster organizations to use, without charge, TSBVI and campus trademarks to promote a group of students, an activity or event, a campus, or the School if the use is in furtherance of school-related business or activity.  The Superintendent or designee shall determine what constitutes use in furtherance of school-related business or activity and is authorized to revoke permission if the use is improper or does not conform to administrative regulations.

Public Use

Members of the general public, outside organizations, vendors, commercial manufacturers, wholesalers, and retailers shall not use TSBVI trademarks without the written permission of the Superintendent or designee.  Any production of merchandise with TSBVI trademarks for sale or distribution must be pursuant to a trademark licensing agreement and may be subject to the payment of royalties.

Any individual, organization, or business that uses TSBVI trade-marks without appropriate authorization shall be subject to legal action.

Service Mark

The term “service mark” means any word, name, symbol, or device, or any combination thereof, used by a person or which a person has a bona fide intention to use in commerce and applies to register on the principal register to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown. Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.

Certification Mark

The term “certification mark” means any word, name, symbol, or device, or any combination thereof, used by a person other than its owner or which its owner has a bona fide intention to permit a person other than the owner to use in commerce and files an application to register on the principal register to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.

Collective Mark

The term “collective mark” means a trademark or service mark used by the members of a cooperative, an association, or other collective group or organization or which such cooperative, association, or other collective group or organization has a bona fide intention to use in commerce and applies to register on the principal register and includes marks indicating membership in a union, an association, or other organization.

15 U.S.C. 1127

Registering a Mark

Trademarks, service marks, collective marks, and certification marks may be registered in accordance with the Trademark Act of 1946, 15 U.S.C. 1051–1142. 15 U.S.C. 1051–1054

Assignment of a Mark

A registered mark or a mark for which an application to register has been filed shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark in accordance with 15 U.S.C. 1060. 15 U.S.C. 1060(a)(1).

Liability

Any person shall be liable in a civil action by the registrant for the remedies provided in 15 U.S.C. 1114 if the person, without the consent of the registrant:

  1. Uses in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
  2. Reproduces, counterfeits, copies or colorably imitates a registered mark and applies such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive.

Under item 2 above, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive.

15 U.S.C. 1114(1)

Note:  Further information regarding trademarks can be found on the U.S. Patent and Trademark Office (USPTO) website.

Patents

Invention

The term “invention” means invention or discovery.  35 U.S.C. 100(a)

Process

The term “process” means process, art or method, and includes a new use of a known process,

machine, manufacture, composition of matter, or material.  35 U.S.C. 100(b)

Obtaining a Patent

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement, may obtain a patent, subject to the conditions and requirements of 35 U.S.C. 1-376. 35 U.S.C. 101.

Assignment of Patent

Applications for patent, patents, or any interest therein, shall be assignable in law by an instrument in writing.  The applicant, patentee, or his assigns or legal representatives may in like manner grant and convey an exclusive right under his application for patent, or patents, to the whole or any specified part of the United States. 35 U.S.C. 261.

Infringement of Patents

Except as otherwise provided in 35 U.S.C. 1-376, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent, infringes the patent.

Whoever actively induces infringement of a patent shall be liable as an infringer.

Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination, or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer.

35 U.S.C. 271(a)–(c)

__________________________________________________________________________________

Note:  Further information regarding patents can be found on USPTO website.
__________________________________________________________________________________

U.S. Copyright Office: http://www.copyright.gov

USPTO  on Trademarks:  https://www.uspto.gov/trademark

USPTO on Patents:  https//www.uspto.gov/patent

Adopted:         11/7/80

Amended:       9/29/89, 1/26/96, 11/22/02, 4/5/19

Reviewed:

COPYRIGHT

Fair Use of Copyrighted Information

The Fair Use Test should be used to determine if copyrighted material can be used, in accordance with Policy CY, without express permission from the author of the material.  The following fair use test was created by Georgia K. Harper as part of the Copyright Crash Course.

FAIR USE TEST

Using the Four Factor Fair Use Test

This test does not describe the outer limits of fair use; it describes a “safe harbor” within the bounds of fair use. So, a use that exceeds these suggestions may still be fair but the employee should be aware he or she risks liability by using copyrighted material outside the bounds of this “safe harbor.”

With a particular use in mind:

  • Read each question and the comments about it.
  • Answer each question about your use.
  • See how the balance tips with each answer.
  • Make a judgment about the final balance: overall does the balance tip in favor of fair use or in favor of getting permission? [When in doubt, contact your school attorney.]

The four fair use factors:

  • What is the character of the use?
  • What is the nature of the work to be used?
  • How much of the work will you use?
  • What effect would this use have on the market for the original or for permissions if the use were widespread?

FACTOR 1:  What is the character of the use?

  • Nonprofit
  • Criticism
  • Commercial
  • Educational
  • Commentary
  • Personal
  • News Reporting

Uses on the left tend to tip the balance in favor of fair use.  The uses on the right tend to tip the balance

in favor of the copyright owner - in favor of seeking permission.  The uses in the middle are very beneficial:  they add weight to a fair use claim, either cumulatively, if you have other factors on the left in your favor, or by minimizing the importance of a commercial use.  Even commercial uses can be fair when they involve parody, criticism, and commentary.

FACTOR 2:  What is the nature of the work to be used?

  • Fact
  • A mixture of fact and imagination
  • Imaginative
  • Published
  • Commentary
  • Unpublished

Again, uses on the left tip the balance in favor of fair use.  Uses on the right tip the balance in favor of seeking permission.  But ere, uses in the middle tend to have little effect on the balance, sort of canceling out this factor entirely.

Which way is your balance tipping after assessing the first two factors?

FACTOR 3:  How much of the work will you use?

  • Small Amount
  • More than a small amount

This factor has its own peculiarities.  The general rule holds true (uses on the left tip the balance in favor of fair use; uses on the right tip the balance in favor of asking for permission), but if the first factor weighed in favor of fair use, you can use more of a work than if it weighed in favor of seeking permission.  A nonprofit use of a whole work will weigh somewhat against fair use.  A commercial use of a whole work would weigh significantly against fair use.

For example, a nonprofit educational institution may copy an entire article from a journal for students in a class as a fair use; but a commercial copy shop would need permission for the same copying.  Similarly, commercial publishers have stringent limitations on the length of quotations, while a student writing a paper for a class assignment could reasonably expect to include lengthier quotes.

Which way does your balance tip after assessing the first three factors?  The answer to this question will be important in the analysis of the fourth factor.

FACTOR 4:  If this kind of use were widespread, what effect would it have on the market for the original permissions?

  • Password protection; technological protection; limited time use
  • Proposed use is transformative and not merely duplicative (first factor)
  • Competes with (takes away sales from) the original
  • Original is out of print or otherwise unavailable
  • Copyright owner is unidentifiable
  • Avoids payment for permission (royalties) in an established permissions market
  • No ready market for permission

We are not confident that courts are likely to give educators a special break when they make hundreds of thousands of copies of materials for which permission is easily available.  Thus, you should discount the value of a good outcome on the first factor, except where the use is creatively transformative.

If there is a mature permissions market for purely duplicative uses, you should weigh the presence of such a market (on the right, above) strongly against fair use.  Where such a permissions market does not exist, a fair use claim is quite strong (illustrated by the points on the left.)  Similarly, if you are making a transformative use, even where there is a permissions market, such uses are likely fair.

Generally, transformative means using a work in a new way, serving a new market from the one the original was intended to serve, adding to it, using part of it in another work.  Using a small image of a poster to illustrate a time line is transformative; creating a parody of a song is transformative; scholarly criticism that quotes to illustrate a point is transformative; a mode’s glossy used in a news report is transformative.  But it’s not just a matter of finding a way, any way, to call making tons of copies transformative.  Yes, including an article with other articles in a group in some respect transforms the article because it’s in a new context.  Providing a scientific journal article to a student to read makes a different use of it than its author might have intended (he may have written only for other scholars).

But there is a little evidence that stretching the definition of transformative use in that way would be allowed.  It seems to have more to do with the overall social and economic impact of a decision either way—what will seem to the judge like the right thing to do in case in point.  Judges are not likely to mechanically do the fair use analysis and “see” how it comes out.  They are more likely to decide how it should come out and then they “do” the fair use analysis to justify their gut instincts.

What does your gut tell you about how the balance for your use is tipping after consideration of all four factors?

The Copyright Crash Course © 2001, Georgia K. Harper

Copyright Permission granted by Georgia K. Harper 1/08/2009

The Copyright Crash Course carries a Creative Commons License, allowing non-profit organizational use with attribution.

Adopted:         4/5/19

Amended:      

Reviewed:      

DEFINITIONS

For purposes of this policy:

  1. “Bus” means a motor vehicle used to transport persons and designed to accommodate more than ten passengers, including the driver.
  2. “Passenger car” means a motor vehicle other than a motorcycle, used to transport persons and designed to accommodate ten or fewer passengers, including the driver.
  3. “Passenger van” means a motor vehicle, other than a motorcycle or passenger car, used to transport persons and designed to transport 15 or fewer passengers, including the driver.
  4. “School activity bus” means a bus designed to accommodate more than 15 passengers, including the operator, that is owned, operated, rented, or leased by TSBVI and is used to transport public school students on a school-related activity trip, other than on routes to and from school. The term does not include a chartered bus, a bus operated by a mass transit authority, a school bus, or a multi-function school activity bus.
  5. “School bus” means a motor vehicle that was manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture and that is used to transport preprimary, primary, or secondary students on a route to and from school or on a school-related activity trip other than on routes to and from school. The term does not include a school-chartered bus or a bus operated by a mass transit authority.
  6. “Motor bus” means a vehicle designed to transport more than 15 passengers, including the driver.

Education Code 34.003(d), (e); Transp. Code 541.201(3)(A), (12), (15), (16)

AUTHORITY

TSBVI may establish and operate an economical public school transportation system in the State of Texas.  In establishing and operating the transportation system, the Board shall employ bus drivers certified in accordance with standards and qualifications adopted by the Department of Public Safety.  Education Code 30.022, 34.007

SHARED TRANSPORTATION (SEE FFJ)

If the resident district does not receive any funds under Education Code 42.155 and does not participate in a county transportation system for which an allotment is provided under Education Code 42.155(i), the board may require payment of a reasonable fee from the resident school district for the transportation of a student to and from TSBVI.  Education Code 11.158(a)(16), 30.003

Bus Operation

A person may not operate a school bus if:

  1. The door of the school bus is open; or
  2. The number of passengers on the bus is greater than the manufacturer’s design capacity for the bus.

An operator of a school bus, while operating the bus, shall prohibit a passenger from:

  1. Standing in the bus; or
  2. Sitting on the floor of the bus or in any location that is not designed as a seat.

Transp. Code 545.426

TRANSPORTING STUDENTS TO SCHOOL

School buses or mass transit authority buses shall be used for the transportation of students to and from school districts on routes having ten or more students.  Passenger cars may be used on routes having fewer than ten students.  Education Code 34.003(a)

No school employee may transport students in school or private vehicles unless authorized by the administration.

Bus Passes or Cards

TSBVI may provide a bus pass or mobility privilege card for another transportation system to each eligible student.  See Parent Student Handbook. 

Transportation of Homeless Students

As a condition of receiving funds under the McKinney-Vento Homeless Assistance Act, TSBVI shall adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian (or in the case of an unaccompanied youth, at the request of the homeless liaison [see FFC]) to and from the school of origin, as follows:

  1. If the child continues to live in the area served by the resident district in which the school of origin is located, the district of origin will provide the child’s transportation to and from the school of origin.
  2. If the child’s living arrangements in the area served by the resident district of origin terminate and the child, though continuing his or her education in the school of origin, begins living in an area served by another district, the district of origin and the district in which the child is living shall agree upon a method to apportion the responsibility and costs for providing the child with transportation to and from the school of origin. If the districts are unable to agree, the responsibility and costs shall be shared equally.

42 U.S.C. 11432(g)(1)(J)(iii)(I), (II)

Transportation of Students in Foster Care

TSBVI receives Title 1, Part A funds so it must collaborate with the state or local child welfare agency to develop and implement clear written procedures governing how transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster care.  These procedures shall:

  1. Ensure that children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with 42 U.S.C. 675(4)(A); and
  2. Ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, TSBVI will provide transportation to the school of origin if:
    1. The local child welfare agency agrees to reimburse TSBVI for the cost of such transportation;
    2. The resident district agrees to pay the cost of transportation; or
    3. The resident district and the local welfare agency agree to share the cost of such transportation.

20 U.S.C. 6312(c)(5) [See FD]

TRANSPORTATION COMPANY OR SYSTEM 

The Board may contract with a mass transit authority, or commercial transportation company for all or any part of its the School’s public school transportation if the authority, company, or Board:

  1. Requires its school bus drivers to have the qualifications required by and to be certified in accordance with standards established by the Department of Public Safety; and
  2. Uses only those school buses or mass transit authority buses in transporting 15 or more students that meet or exceed safety standards for school buses established under Education Code 34.002.

A mass transit authority contracting under this provision for daily transportation of pre-primary, primary, secondary students to or from the School shall conduct, in a manner and on a schedule approved by the Board, the following education programs:

  1. A program to inform the public that public school students will be riding on the authority’s or company’s buses;
  2. A program to educate drivers of the buses to be used under the contract of the special needs and problems of public school students riding on the buses;
  3. A program to educate public school students on bus riding safety and any special considerations arising from the use of the authority’s or company’s buses.

The Board may supplement the state transportation cost allotment with private funds necessary to provide complete transportation services.

Education Code 30.002, 34.002,.008

[For provisions pertaining to criminal history record information on contractors providing transportation services, [see CJA.]

School Activities

When transporting students in connection with school activities other than on routes to and from TSBVI:

  1. Only school buses or commercial motor buses may be used to transport 15 or more students; and
  2. Rental cars or TSBVI passenger vans may be used to transport fewer than 15 students.

Education Code 34.003(b)

In all circumstances in which passenger cars or passenger vans are used to transport students, the operator of the vehicle shall ensure that the number of passengers does not exceed the designed capacity of the vehicle and that each passenger is secured by a safety belt.  Education Code 34.003(c)

Adopted:          3/26/93

Amended:        5/23/97, 1/24/02, 11/19/04, 1/25/08, 4/9/10, 1/25/19

Reviewed:

COMPTROLLER OF PUBLIC ACCOUNTS RESPONSIBILITY

The Texas Comptroller of Public Accounts (CPA) is responsible for acquiring by purchase, lease, rental, or another manner, all goods and services for the School.  Gov't Code 2155.061, 2155.0011

The CPA may delegate purchasing authority to the School.  Gov't Code 2155.131

GENERAL PURCHASING AUTHORITY

TSBVI, as an agency of the State of the Texas, is required to follow all purchasing rules and regulations of the Statewide Procurement Division (SPD) for the purchase of all supplies, materials, services, and equipment.

PURCHASING GOODS AND SERVICES

The Superintendent shall ensure that the School's purchase of all goods and services is in accordance with rules issued by the CPA.

PROCEDURES REQUIRED

The Superintendent shall ensure that the School develops procedures to implement the rules prescribed by the CPA for both non-delegated and delegated purchases.  Gov't Code Chapters 2155, 2156, 2157, 2158

Procedures shall include the use of Historically Underutilized Businesses (HUB), the purchase of Automated Information System Purchases, and Purchases of Goods and Services with Federal Grants.  Reference TSBVI Purchasing Procedure B.2.1.

HISTORICALLY UNDERUTILIZED BUSINESSES

The School shall make a good faith effort to increase the contract awards for the purchases of goods or services that the School expects to make during a fiscal year to historically underutilized businesses based on rules adopted by the TPASS to implement the disparity study described by Section 2161.002 (c) of the Texas Government Code.

Gov't Code 2161.181

ETHICAL STANDARDs

When acting under authority delegated from the Statewide Procurement Division (SPD), TSBVI employees must comply with the following ethical standards of conduct:

A TSBVI employee may not:

  1. participate in work on a TSBVI contract knowing that the employee, or member of their immediate family has an actual or potential financial interest in the contract, including prospective employment;
  2. solicit or accept anything of value from an actual or potential vendor;
  3. be employed by, or agree to work for, a vendor or potential vendor;
  4. knowingly disclose confidential information for personal gain.

For purposes of 1 through 4, above:

  1. "Participated" means to have taken action as an employee through decision, approval, disapproval, recommendation, giving advice, investigation, or similar action.
  2. "Particular matter" means a specific investigation, application, request for a ruling or determination, rulemaking proceeding, contract, claim, charge, or other proceeding.

A vendor or potential vendor may not offer, give, or agree to give an employee anything of value.

When an actual or potential violation of numbers 1 through 4, above, is discovered, the person involved shall promptly file a written statement concerning the matter with an appropriate supervisor. The person may also request written instructions and disposition of the matter.

If an actual violation of numbers 1 through 4, above, of this section occurs or is not disclosed and remedied, the employee involved may be either reprimanded, suspended, or dismissed. The vendor or potential vendor may have a pending bid or proposal rejected, be barred from receiving future contracts and/or have an existing contract canceled.

1 TAC 111.4

ADMINISTRATOR RESPONSIBILITY

The Superintendent is responsible for ensuring that all School administrators and employees comply with the rules of the CPA, SPD and the School in purchasing goods and services.

School administrators with budgets are responsible to ensure that all purchases incurred by their department/s are made in accordance with the Comptroller’s procurement guidelines-SPD, governing state statutes, codes and TSBVI procedures.  This includes the use of state issued payment cards (Texas Administrative Code, Title 34 §5.67).

EXEMPTION OF GOODS OR SERVICES OF BLIND OR VISUALLY IMPAIRED PERSONS

The competitive bidding provisions of Government Code 2155 do not apply to a state purchase of goods or services that:

  1. are made or provided by blind or visually impaired persons;
  2. are offered for sale to the School through efforts made under law by the Texas Council on Purchasing from People with Disabilities;
  3. meet state specifications for quantity, quality, delivery, and life cycle costs; and
  4. cost not more than the fair market price of similar items.

Government Code 2155.138

AUTOMATED INFORMATION SYSTEM PURCHASES

The School shall purchase automated information systems through the catalog procedure provided by Chapter 2157 of the Texas Government Code unless the School determines that the best value may be obtained through another authorized purchase method.

Gov't Code Section 2157.061

PURCHASES OF GOODS AND SERVICES WITH FEDERAL GRANTS

The following provisions apply to purchases of goods and services with a value of $5,000 or more from a sole source when using funds from federal grants.  Non-competitive procurements from a sole source or only known source may be purchased with federal grant funds only when one or more of the following circumstances apply:

  1. The item is available only from a single source.
  2. A public exigency or emergency for the required purchase will not permit a delay resulting from competitive solicitation.
  3. The U.S. Dept. of Education or the Texas Education Agency expressly authorizes noncompetitive proposals in response to a written request from the School.
  4. After solicitation of a number of sources, competition is determined inadequate.

2 CFR 200.320(f)

Adopted:         11/13/81

Amended:       5/27/93, 8/26/94, 5/23/97, 9/24/99, 3/26/02, 11/16/07, 4/9/10, 1/25/19

Reviewed:       6/3/15

SAFETY STANDARDS

TSBVI shall meet or exceed the safety standards for school buses established by the Department of Public Safety (DPS) with the advice of TEA.

Transp. Code 547.102; 37 TAC 14.51-.52

STUDENT SAFETY

Prohibitions

TSBVI may not require or allow a child to stand on a moving bus or passenger van.  See Education Code 34.004.

An operator of a school bus, while operating the bus, shall prohibit a passenger from:

  1. Standing in the bus; or
  2. Sitting:
    1. On the floor of the bus, or
    2. In any location on the bus that is not designed as a seat.

Transp. Code 545.426

Seat Belts

Required on Buses

A bus, including a school bus, a school activity bus, multifunction school activity bus, or school-chartered bus, operated by or contracted for use by the School for the transportation of schoolchildren shall be equipped with a three-point seat belt for each passenger, including the operator.  This requirement does not apply to:

  1. A bus purchased by TSBVI that is a model year 2017 or earlier; or .
  2. A bus purchased by TSBVI that is a model year 2018 or later if the board:
    1. Determines that the School’s budget does not permit TSBVI to purchase a bus that is equipped with the required seat belts; and
    2. Votes to approve that determination in a public meeting.

Transp. Code 547.701(e)

Seat Belt Enforcement

The School shall require a student riding a bus operated by or contracted for operation by TSBVI to wear a seat belt if the bus is equipped with seat belts for all passengers on the bus.  TSBVI may enforce this seat belt policy by using student discipline policies.  See Education Code 34.013, Student Code of Conduct

Donations

The Board shall consider any offer made by a person to donate three-point seat belts or money for the purchase of three-point seat belts.  The Board may acknowledge a person who donates three-point seat belts or money for the purchase of three-point seat belts for a school bus by displaying a small, discreet sign on the side or back of the bus recognizing the person who made the donation. The sign may not serve as an advertisement for the person who made the donation.

Education Code 34.014

SCHOOL BUS EMERGENCY EVACUATION TRAINING

Pursuant to the safety standards established by DPS under Education Code 34.002, the School may conduct a training session for students and teachers concerning procedures for evacuating a school bus during an emergency.  If the School chooses to conduct this training session, the School is encouraged to conduct the school bus emergency evacuation training session in the fall of the school year.  The School is also encouraged to structure the training session so that the session applies to school bus passengers, a portion of the session occurs on a school bus, and the session lasts for at least one hour.

The training must be based on the recommendations of the most recent edition of the National School Transportation Specifications and Procedures, as adopted by the National Congress on School Transportation, or a similar school transportation safety manual.

Immediately before each field trip involving transportation by school bus, the School is encouraged to review school bus emergency evacuation procedures with the school bus passengers, including a demonstration of the school bus emergency exits and the safe manner to exit.

Not later than the 30th day after the date that the School completes a training session, the School shall provide DPS with a record certifying the School’s completion of the training.

See Education Code 34.0021

WIRELESS COMMUNICATION DEVICES

An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.    

See Transp. Code 545.425,(c),.4252

Definitions

“Hands-free device” means speakerphone capability, a telephone attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a wireless communication device or in a motor vehicle, that allows use of the wireless communication device without use of either of the operator’s hands, except to activate or deactivate a function of the wire- less communication device or hands-free device. The term includes voice-operated technology and a push-to-talk function.  Transp. Code 545.425(a)(1)

“Electronic message” means data that is read from or entered into a wireless communication device for the purpose of communicating with another person. Transp. Code 545.4251(a)(1)

DISRUPTION OF TRANSPORTATION

Any person other than a primary or secondary grade student who intentionally disrupts, prevents, or interferes with the lawful transportation of students to or from school or activities sponsored by the School on a vehicle owned and/or operated by TSBVI shall be guilty of a misdemeanor.  It is an exception to the application of the offense that, at the time the person engaged in the prohibited conduct, the person was younger than 12 years of age.  Education Code 37.126

If the illegal act is conducted through use or exhibition of a firearm, the person shall be guilty of a felony.  Education Code 37.125

37 TAC 14.65(a)(2)

EXHIBITION OF FIREARM

A person commits a third degree felony if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally:

  1. Exhibits or uses a firearm on a school bus being used to transport children to and from school-sponsored activities; or
  2. Threatens to exhibit or use a firearm on a bus as described above and was in possession of or had immediate access to the firearm.

A person commits a Class A misdemeanor if the person threatens to exhibit or use a firearm on a bus as described above.

Education Code 37.125

Accident Reports

Notice to TEA

TSBVI shall report annually to TEA the number of accidents in which its buses were involved in the past year in a manner prescribed by the commissioner.   TSBVI shall file the annual report to TEA only in the period beginning July 1 and ending July 31 and shall include the following information in the report:

  1. The total number of bus accidents;
  2. The date each accident occurred;
  3. The type of bus, as specified in 19 Texas Administrative Code 61.1028(a), involved in each accident;
  4. Whether the bus involved in each accident was equipped with seat belts and, if so, the type of seat belts;
  5. The number of students and adults involved in each accident;
  6. The number and types of injuries that were sustained by the bus passengers in each accident; and
  7. Whether the injured passengers in each accident were wearing seat belts at the time of the accident and, if so, the type of seat belts.

TSBVI shall report a bus accident involving a school bus, a multifunction school activity bus, a school activity bus, or a motor bus if:

  1. The bus is owned, leased, contracted, or chartered by a TSBVI and was transporting School personnel, students, or a combination of personnel and students; or
  2. The bus was driven by a TSBVI employee or by an employee of the School’s bus contractor with no passengers on board and the accident involved a collision with a pedestrian.

Exceptions

TSBVI shall not report a bus accident involving a school bus, a multifunction school activity bus, a school activity bus, or a motor bus if:

  1. The bus was driven by a TSBVI employee or by an employee of the school’s bus contractor, the accident occurred when no passenger other than the School’s driver or bus contractor’s driver was on board the bus, and the accident did not involve a collision with a pedestrian; or
  2. The accident involved a bus chartered by the School for a TSBVI activity trip and no School personnel or students were on board the bus at the time of the accident.

TSBVI shall not report an accident that occurred in a vehicle that is owned, contracted, or chartered by TSBVI and is not a school bus, a multifunction school activity bus, a school activity bus, or a motor bus.

Education Code 34.015(b); 19 TAC 61.1028(b)

__________________________________________________________

1 Reporting of School Bus Evacuation Training:  http://www.dps.texas. gov/Internetforms/FormDetail.aspx?Id=821&FormNumber=SBT-7.doc

Adopted:         4/9/10

Amended:       4/6/18, 1/25/19

Reviewed:      

TSBVI may purchase liability insurance to protect members of the Board and the School’s executive management staff to:

  1. protect against any type of liability to third persons that may be incurred while conducting School business; and
  2. provide for all costs of defending against that liability, including court costs and attorney’s fees for acts or omissions committed by them in good faith while discharging their official duties.

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

Gov’t Code 612.004 

To purchase or acquire liability insurance under this policy, the Board must take action at a regularly scheduled meeting.  TSBVI may also purchase insurance to indemnify its board members from awards of damages only where the School was or might have been liable for the same damages.  The Board may not purchase insurance to indemnify its board members in situations where it is not exposed, actually or potentially, to a similar liability.  Atty. Gen. Op. H-70 (1973)

EMPLOYEE LIABILITY INSURANCE

As an element of employees’ compensation, the School may purchase necessary liability insurance in the name of such employees who are exposed to individual liability by virtue of their official duties.  If TSBVI elects to carry such insurance, employees covered by the policy will be notified.

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

TORT CLAIMS ACT LIABILITY INSURANCE

TSBVI may purchase insurance protection against claims for property damage, personal injury, or death proximately caused by the negligence, wrongful act, or omission of the School’s officers

or employees, acting within the scope of their employment or office, and arising from the operation or use of a motor vehicle under circumstances where such officers or employees would be personally liable to the claimant in accordance with the laws of Texas.  Payment of damages are prohibited if an employee or officer caused the harm by willful or wrongful act or omission, gross negligence or official misconduct.

Civ. Prac. & Rem. Code 101.021,.027(a)

EMPLOYEE LIABILITY INSURANCE FOR USE OF A MOTOR VEHICLE

TSBVI may insure its employees against liability arising out of the operation, maintenance, or use of a motor vehicle or item of power equipment.  If the School elects to do so, the School shall purchase one or more policies from a liability insurance company authorized to transact business in Texas.  The liability insurance purchased under this policy must be provided on policy forms approved by the State Board of Insurance as to form and by the attorney general as to liability coverage.   State immunity from liability for the negligent tors of employees is not waived.

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

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

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

Gov’t Code 612.002 

HABILITATIVE OR REHABILITATIVE WORK PROGRAM

From the proceeds of any habilitative or rehabilitative work program for students who are mentally ill or developmentally disabled, TSBVI may purchase insurance to cover liability arising from the operation of the program if a contractor (business entity) under the program does not accept indemnification provisions by the State of Texas as sufficient. 

Gov’t Code 612.003(c)

STUDENT IMMUNITY

A student who participates in a career and technology program approved by the Board is entitled to immunity in the same manner provided under Education Code 22.053 as a volunteer who is serving as a direct service volunteer of the School.  Education Code 29.192  [See GKG]

Adopted:          5/23/97

Amended:        9/26/97, 1/24/02, 11/20/09, 11/16/18

Reviewed:        3/26/04, 4/1/05

OPERATION OF VEHICLES

The Superintendent may adopt rules concerning the operation and parking of vehicles on school property.   Education Code 37.102(a)

PARKING CONTROL

A law or ordinance regulating traffic on a public highway or street applies to the operation of a vehicle on school property, except as modified by Education Code, Chapter 37, Subchapter D (pertaining to protection of buildings and grounds).  Furthermore, no persons shall be allowed to park a vehicle on school property, except in the manner provided by the Superintendent, and in the spaces which have been designated and marked; nor shall any person be allowed to block, or impede, traffic through any driveway of such property.  Education Code 37.102(b)

VEHICLE ACCESS

The Superintendent or his designee may restrict access to the campus as deemed necessary for security or safety purposes.

VEHICLE IDENTIFICATION INSIGNIA

The Superintendent may provide for the issuance and use of suitable vehicle registration and identification insignia.  The Superintendent may bar or suspend a person from driving or parking a vehicle on school property as a result of the person’s violation of any rule adopted by the Superintendent or of Education Code, Chapter 37, Subchapter D.  Reinstatement of the privileges may be permitted and a reasonable fee assessed.  Education Code 37.106

UNAUTHORIZED VEHICLES

At the Superintendent’s or his designee’s discretion, unauthorized vehicles or vehicles parked in no parking zones or emergency vehicle zones may be towed at the owner’s expense.

Adopted:         3/12/82

Amended:       1/14/83, 9/27/96, 1/31/03, 11/19/10, 8/7/15, 11/16/18

Reviewed:       11/19/93, 1/24/02

INVESTMENT AUTHORITY

The Superintendent, or other person designated by Board resolution, shall serve as the investment officer of the School, shall recommend appropriate legally authorized and adequately secured investments, and shall invest School funds as directed by the Board, and in accordance with the School's written investment policy and generally accepted accounting procedures.

All investments made by the School shall comply with the Public Funds Investment Act (Texas Government Code Chapter 2256, Subchapter A) and all federal, state, and local statutes, rules or regulations.   Gov’t Code 2256.026

INVESTMENT OFFICER

The investment officer is responsible for investment of TSBVI’s funds consistent with the Board’s investment policy. In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, but the Board retains the ultimate responsibility as fiduciaries of the assets for TSBVI. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity. Authority granted to a person to deposit, withdraw, invest, transfer, or manage an entity's funds is effective until rescinded by the Board, or until termination of the person's employment by the School. Gov't Code 2256.005(f)

The School's investment officer may use School employees or the services of a contractor of the School to aid the investment officer in the execution of the officer's duties under Government Code 2256. If the Board contracts with another investing entity to invest its funds, that entity’s investment officer becomes the investment officer for TSBVI until the expiration of the contract.  Gov’t Code 2256.005(f)

Gov't Code 2256.003(c)

Authorized INVESTMENTs

The Board may purchase, sell, and invest its funds and funds under its control in investments described below, in compliance with its adopted investment policies and according to the standard of care set out in this policy. Investments may be made directly by the Board or by a nonprofit corporation acting on behalf of the Board or an investment pool acting on behalf of two or more local governments, state agencies, or a combination of the two. Gov't Code 2256.003(a)

In the exercise of these powers, the Board may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made for such purpose may not be for a term longer than two years. A renewal or extension of the contract must be made by the Board by order, ordinance, or resolution. Gov't Code 2256.003(b)

The Board shall permit investment of School funds in only the following investment types, consistent with the strategies and maturities defined in this policy.

  1. Obligations, including letters of credit, of the United States or its agencies and instrumentalities; direct obligations of the state of Texas or its agencies and instrumentalities; collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the state of Texas, the United States, or their respective agencies and instrumentalities including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States; obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; and bonds issued, assumed, or guaranteed by the state of Israel. Gov't Code 2256.009(a)
  2. Certificates of deposit as permitted by Gov't Code 2256.010.
  3. Fully collateralized repurchase agreements permitted by Gov't Code 2256.011.
  4. Banker's acceptances as permitted by Gov't Code 2256.012.
  5. Commercial paper as permitted by Gov't Code 2256.013.
  6. Two types of mutual funds as permitted by Gov't Code 2256.014: Money market mutual funds and no-load mutual funds.
  7. Public funds investment pools as permitted by Gov't Code 2256.016-2256.017, 2256.019.

The School is not required to liquidate investments that were authorized investments at the time of purchase.

Gov't Code 2256.017

SAFETY AND INVESTMENT MANAGEMENT

The investment officer shall observe financial market indicators, study financial trends, and utilize available educational tools in order to maintain appropriate managerial expertise. Investments shall be made in a manner that ensures the preservation of capital in the overall portfolio and offsets, during a 12-month period, any market price losses resulting from interest-rate fluctuations by income received from the balance of the portfolio. No individual investment transaction shall be undertaken that jeopardizes the total capital position of the overall portfolio.

LIQUIDITY AND MATURITY

Assets of the School shall be invested in instruments whose maturities do not exceed one year from the time of purchase, subject to the following exceptions:

  1. A shorter maturity is required by law.
  2. A longer maturity may be specifically authorized by the Board for a given investment, provided legal limits are not exceeded.

The School's investment portfolio shall have sufficient liquidity to meet anticipated cash flow requirements, projected on a weekly, monthly, and annual basis. The School shall have procedures to determine cash flow requirements according to generally accepted financial and accounting procedures.

DIVERSITY

The investment portfolio shall be diversified in terms of investment instruments, maturity scheduling, and financial institutions to reduce risk of loss resulting from over concentration of assets in a specific class of investments, specific maturity, or specific issuer.

MONITORING MARKET PRICES

Monitoring shall be done monthly and more often as economic conditions warrant by using appropriate reports, indices, or benchmarks for the type of investment. The investment officer shall keep the Board informed of significant declines in the market value of the School's investment portfolio. Information sources may include financial/investment publications and electronic media, available software for tracking investments, depository banks, commercial or investment banks, financial advisers, and representatives/advisors of investment pools, or money market funds.

FUNDS/STRATEGIES

Investments of the expendable trust fund shall be consistent with this policy and shall have as their primary objectives safety, investment liquidity, and maturity sufficient to meet anticipated cash flow requirements. [See CDC] The investment strategy of the expendable trust fund shall include the

following priorities in order of importance:

  1. understanding of the suitability of the investment to the financial requirements of TSBVI;
  2. preservation and safety of principal;
  3. liquidity;
  4. marketability of the investment if the need arises to liquidate the investment before maturity;
  5. diversification of the investment portfolio;
  6. yield; and
  7. procedures to monitor rating changes in investments acquired with public funds and the liquidation of such investments consistent with the provisions of Section 2256.021.

All investment transactions, except mutual funds, shall be executed on a delivery versus payment basis.  Gov’t Code 2256.005(b)

SAFEKEEPING AND CUSTODY

The cash, collateral, and investments of the School shall be held by an independent third party with whom the School has a current custodial agreement. The School shall retain clearly marked receipts providing proof of the School's ownership, or the School may delegate to an investment pool the authority to hold legal title, as custodian, of investments purchased with School funds.

BROKERS/DEALERS

Selection of Broker

Prior to engaging in any investment transactions with a broker, the Board shall adopt a list of qualified brokers that are authorized to engage in investment transactions with the School.

At least annually thereafter, the Board shall review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the School.

Gov't Code 2256.025

Prior to handling investments on behalf of the School, broker/dealers must submit required written documents and annual audited financial statements to the School, and be in good standing with the National Association of Securities Dealers. Representatives of brokers/dealers shall be registered with the Texas State Securities Board and must have membership in the Securities Investor Protection Corporation (SIPC).

SOLICITING BIDS

In order to get the best return on its investments, the School may solicit bids in writing, by telephone, or electronically.

INTERNAL CONTROLS

A system of internal controls shall be established and documented, in writing, and must designate who has authority to withdraw funds. Also, they shall be designed to protect against losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the School. Controls deemed most important shall include:

  1. Separation of transaction authority from accounting and record keeping.
  2. Avoidance of collusion.
  3. Custodial safekeeping.
  4. Clear delegation of authority.
  5. Written confirmation of telephone transactions.
  6. Documentation of dealer questionnaires, quotations and bids, evaluations, transactions and rationale.
  7. Avoidance of bearer-form securities.

These controls shall be reviewed by the School's internal auditor.

QUARTERLY REPORTS

Not less than quarterly, the School's investment officer shall prepare and submit to the Board, a written report of investment transactions for all funds covered by the Public Funds Investment Act for the preceding reporting period. This report shall be presented to the Board not less than quarterly, and within a reasonable time after the end of the period. The report must:

  1. Contain a detailed description of the investment position of the School on the date of the report.
  2. Be prepared jointly and signed by all School investment officers.
  3. Contain a summary statement of each pooled fund that states:
    1. Beginning market value for the reporting period.
    2. Ending market value for the period; and
    3. Fully accrued interest for the reporting period.
  4. State the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type invested.
  5. State the maturity date of each separately invested asset that has a maturity date.
  6. State the account, or fund, or pooled group fund, in the School for which each individual investment was acquired.
  7. State the compliance of the investment portfolio of the School as it relates to the School's investment strategy expressed in the School's investment policy and relevant provisions of law.

If the School invests in other than money market mutual funds, investment pools, or accounts, offered by its depository bank in the form of certificates of deposit, or money market accounts, or similar accounts, the reports shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the Board by that auditor.

Gov't Code 2256.023

ANNUAL REVIEW

The investment policy and the investment strategy shall be reviewed by the Board not less than annually.

The Board shall adopt a written instrument stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies.  Gov’t Code 2256.005(e)

AUDIT

At least once every two years, the Board shall require the School's internal auditor to perform a compliance audit of management controls on investments and adherence to the Board's established investment policies.  The School shall report the results of this audit to the State auditor.  Gov’t Code 2256.005(n)

INVESTMENT TRAINING

Each member of the TSBVI governing Board and its investment officer shall attend at least one training session relating to the person's responsibilities under the Public Funds Investment Act (PFIA) within six months after taking office, or assuming duties.

Training must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with the Public Funds Investment Act.

An investment officer shall attend a training session not less than once each state fiscal biennium and may receive training from any independent source approved by the TSBVI governing body.

The investment officer shall prepare a report on this training and deliver the report to the TSBVI governing body not later than the 180th day after the last day of each regular session of the legislature.

Gov't Code 2256.007(a),(c),(d)

STANDARD OF CARE

Investments shall be made with judgment and care, under prevailing circumstances that a person of prudence, discretion, and intelligence would exercise in the management of his, or her, own affairs, not for speculation, but for investment, considering the probably safety of capital and the probable income to be derived. Investments shall be governed by the following objectives in order of priority:

  1. Preservation and safety of principal;
  2. Liquidity; and
  3. Yield.

In determining whether an investment officer has exercised prudence with respect to an investment decision, the following shall be taken into consideration:

  1. The investment of all funds, rather than the prudence of a single investment, over which the officer had responsibility.
  2. Whether the investment decision was consistent with a board’s written investment policy.

Gov’t Code 2256.006

PERSONAL INTEREST

A School investment officer who has a personal business relationship with an entity seeking to sell an investment to the School shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity, or consanguinity, as determined by

Government Code Chapter 573 (regarding nepotism prohibition), to an individual seeking to sell an investment to the School shall file a statement disclosing that relationship with the Board and with the Texas Ethics Commission. Gov't Code 2256.005

For purposes of this policy, an investment officer has a personal business relationship with a business organization if:

  1. The investment officer owns ten percent, or more, of the voting stock, or shares, of the business organization or owns $5,000, or more, of the fair market value of the business organization;
  2. Funds received by the investment officer from the business organization exceed ten percent of the investment officer's gross income for the previous year; or
  3. The investment officer has acquired from the business organization during the previous year investments with a book value of $2,500, or more, for the personal account of the investment officer.

SELLERS OF INVESTMENTS

This policy shall be presented to any person seeking to sell an authorized investment to the School. For purposes of this policy, a business organization includes investment pools. The registered principal of the business organization seeking to sell an authorized investment shall execute a written instrument stating:

  1. The registered principal has received and thoroughly reviewed this policy; and
  2. The registered principal acknowledges that the business organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the School and the organization.

The investment officer of the School may not buy any securities from a person who has not delivered to the School an instrument in substantially this form.

Business Organizations

For the purposes of the provisions at Sellers of Investments above, “business organization” means an investment pool or investment management firm under contract with a district to invest or manage the district’s investment portfolio that has accepted authority granted by the district under the contract to exercise investment discretion in regard to the district’s funds.

Gov't Code 2256.005(k),(l)

DONATIONS

A gift, devise, or bequest made to provide college scholarships for TSBVI graduates may be invested or retained by the Board as provided in Property Code 117.004 (Uniform Prudent Investor Act), unless otherwise specifically provided by the terms of the gift, devise, or bequest.  Education Code 45.107

Investments donated to the School for a particular purpose or under terms of use specified by the donor are not subject to the requirements of the Public Funds Investment Act.  Gov't Code 2256.004(b)

ELECTRONIC FUNDS TRANSFER

The School may use electronic means to transfer, or invest, all funds collected, or controlled by the School.

Gov't Code 2256.051

Adopted:    11/7/80

Amended: 5/31/90, 3/25/94, 5/26/94, 9/29/95, 1/24/97, 11/14/97, 3/30/99, 11/22/02, 1/30/04, 11/18/05, 11/18/11, 11/21/14, 11/20/15, 11/18/16, 11/17/17, 11/16/18

Reviewed: 1/24/02, 11/19/04, 1/26/07, 11/16/07, 11/21/08, 11/20/09, 11/19/10, 11/9/12, 11/8/13

GRANTS AND AWARDS

The Superintendent shall be authorized to:

  1. Apply, on behalf of the Board, for any and all federal and state grants and awards as deemed appropriate for TSBVI’s operations;
  2. Approve commitment of School funds for matching, cost sharing, cooperative, or jointly funded projects up to the amounts specifically allowed under the TSBVI budget approved by the Board; and
  3. Approve grant and award amendments as necessary.

TSBVI shall comply with all requirements for state and federal grants and awards imposed by law, the awarding agency, or an applicable pass-through entity. The Superintendent shall develop and enforce financial management systems, internal control procedures, procurement procedures, and other administrative procedures as needed to provide reasonable assurance that the School is complying with requirements for state and federal grants and awards.

[See CBB]

FEDERAL AWARDS

Conflict of Interest

Each employee, Board member, or agent of TSBVI who is engaged in the selection, award, or administration of a contract supported by a federal grant or award and who has a potential conflict of interest as defined at Code of Federal Regulations, title 2, section 200.318, shall disclose to the School, in writing, any conflict that meets the disclosure threshold in Chapter 572 of the Government Code [See CBB]

In addition, each employee, Board member, or agent of the School shall comply with any other conflict of interest requirements imposed by the granting agency or a pass-through entity.

For purposes of this policy “immediate family member” shall have the same meaning as “family members” as described in Chapter 176 of the Government Code. [See BBFA]

For purposes of this policy, “partner” shall have the same meaning as defined in Business Organizations Code Chapter 1, Subchapter A.

An employee, Board member, or agent of the School who is required to disclose a conflict in accordance with the provisions above shall not participate in the selection, award, or administration of a contract supported by a federal grant or award.

Gifts and Gratuities

Employees, Board members, and agents of TSBVI shall not solicit any gratuities, favors, or items from a contractor or a party to a subcontract for a federal grant or award and shall not accept:

  1. Any single item with a value at or above $50; or
  2. Items from a single contractor or subcontractor that have an aggregate monetary value exceeding $100 in a 12-month period.

[See BBFA, BBFB, CBB, DBD. In the event of a violation of these requirements, see DH]

Adopted:    11/16/18

Amended:

Reviewed: