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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, 5/31/19, 8/9/19, 11/15/19, 1/31/20
CB CB (TSBVI) – STATE AND FEDERAL REVENUE SOURCES  Adopted 11/16/18
CBA STATE AND FEDERAL REVENUE SOURCES: STATE Amended 1/31/20
CBB STATE AND FEDERAL REVENUE SOURCES: FEDERAL Amended 5/31/19
CDA(TSBVI) OTHER REVENUES: INVESTMENTS Amended 11/15/19
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 5/31/19
CFB ACCOUNTING INVENTORIES Amended 8/7/15
CFC ACCOUNTING: AUDITS Amended: 11/15/19
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
CK-E MULTIHAZARD EMERGENCY OPERATIONS PLAN:  SAFETY AND SECURITY AUDIT Adopted 5/31/19
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: 1/31/20
CKD SAFETY PROGRAM/RISK MANAGEMENT: EMERGENCY MEDICAL EQUIPMENT AND PROCEDURES Amended: 1/31/20
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 Amended 5/31/19
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 (TSBVI) OFFICE MANAGEMENT: RECORDS MANAGEMENT PROGRAM Amended: 8/9/19
CQ Technology Resources Amended 1/31/20
CQA TECHNOLOGY RESOURCES: TSBVI AND CLASSSROOM WEBSITES Amended 1/31/20
CQB (TSBVI) TECHNOLOGY RESOURCES: CYBERSECURITY Amended 1/31/20
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

All TSBVI building construction that is financed wholly or partly by a specific appropriation, a bond issue, or federal money, including acquisition and reconstruction, shall be administered by the Texas Facilities Commission.

Texas Gov't Code 2166.002, 2166.052

Adopted:          3/7/80
Amended:        1/14/83, 5/27/93, 11/17/95, 5/23/97, 11/14/97, 6/4/08
Reviewed:        1/24/02, 4/3/09

FIRE ESCAPES

The board shall ensure that each school building that is two or more stories shall have such fire escapes as are required by law.

Health and Safety Code 791.002, 791.035, 791.036

STANDARDS

Construction and  renovation of TSBVI buildings will be in accordance with all federal and state standards applicable to TSBVI, including the provisions of Texas Government Code Chapter 2166.

READILY ACCESSIBLE PROGRAMS

No qualified individual with a disability shall, because of the School's facilities are inaccessible to, or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, and activities of the School, or be subject to discrimination. 42 U.S.C. 12132; 28 CFR 35.149; 29 U.S.C. 794; 34 CFR 104.21

The School shall operate each program, service, or activity so that when viewed in its entirety it is readily accessible to, and usable by, individuals with disabilities. The School is not, however, required to make each existing facility, or every part of a facility, accessible to, and usable by, individuals with disabilities.

Compliance with these requirements may be achieved by:

  1. Redesigning equipment.
  2. Reassigning classes, or other services, to accessible buildings.
  3. Assigning aides to qualified individuals with disabilities.
  4. Home visits.
  5. Delivery of services at alternate accessible sites.
  6. Alteration of existing facilities.
  7. Constructing new facilities that comply with 34 C.F.R. 104.23 and 28 C.F.R. 35.151.
  8. Any other methods that would result in making services, programs and activities accessible to individuals with disabilities.

Structural changes in existing facilities need not be made when other methods will achieve compliance with Title II of the Americans with Disabilities Act and its implementing regulation. In choosing among available alternatives for meeting these requirements, the Board shall give priority to methods that offer services, programs and activities to qualified individuals with disabilities in the most integrated setting appropriate.

28 C.F.R. 35.150; 34 C.F.R. 104.22

Review of Plans

All plans and specifications for construction or for the substantial renovation, modification, or alteration of a School building or facility that has an estimated construction cost of $50,000 or more shall be submitted to the Department of Licensing and Regulation for review and approval.  The School as owner of the building or facility may not allow an application to be filed with a local governmental entity for a building construction permit related to the plans and specifications or allow construction, renovation, modification, or alteration of the building or facility to begin before the date the plans and specifications are submitted to the Department by the architect, interior designer, landscape architect, or engineer.

The School as owner of each building or facility that has an estimated construction, renovation, modification, or alteration cost of at least $50,000 is responsible for having the building or facility inspected for compliance with the standards and specifications adopted by the Commission of Licensing and Regulation not later than the first anniversary of the date that construction or substantial renovation, modification, or alteration of the building or facility is completed.  The inspection must be performed by the Department, an entity with whom the Commission contracts, or a person who holds a certificate of registration to perform inspections.

Govt Code 469.101, 469.102(c), 469.105

Notice

Any interested person, including those with impaired vision and hearing, can obtain information as to the existence and location of TSBVI services, activities, and facilities that are accessible to, and usable by, handicapped persons by contacting the TSBVI Superintendents Office. 34 C.F.R. 104.22(f)

PLAYGROUNDS

Public funds may not be used to purchase playground equipment, or surfacing, for the area under and around the equipment if either purchase does not substantially comply with each applicable provision of the Handbook for Public Playground Safety, published by the U. S. Consumer Product Safety Commission.

Exception

Public funds may be used to maintain playground equipment, or surfacing, that was purchased before September 1, 1997, even if they do not comply with the Playground Safety Handbook.

Health and Safety Code 756.061

OUTDOOR LIGHTING FIXTURES

An outdoor lighting fixture that is designed, installed, or replaced on or after September 1, 1999, may be installed, replaced, maintained, or operated using state funds only if the fixture meets the specific energy conservation and light pollution standards in Health and Safety Code Chapter 425.

Exceptions

The standards for state-funded outdoor lighting fixtures do not apply when:

  1. Preempted by federal law, rule, or regulation;
  2. Emergency personnel temporarily require additional illumination for emergency procedures;
  3. The lighting fixture is used temporarily for nighttime work;
  4. Special events or circumstances require additional illumination;
  5. The fixture is used solely to enhance the aesthetic beauty of an object; or
  6. A compelling safety interest cannot be addressed by another method.

TEST OF NATURAL GAS PIPING

At least every two years, before the beginning of the school year and in strict compliance with the time frames established by Railroad Commission rule, the School shall pressure test the natural gas piping system in each School facility.  The testing may be performed on a two-year cycle under which the School pressure tests the natural gas piping system in approximately one-half of the facilities each year.  If the School operates one or more School facilities on a year-round calendar, the pressure test in each of those facilities shall be conducted and reported not later than July 1 of the year in which the pressure test is performed.

Utilities Code 121.502; 16 TAC 8.230(c)(4)

Railroad Commission Rules

The Railroad Commission of Texas has adopted rules to enforce this policy.  Each School facility described in Commission rules shall be tested in accordance with the procedures and timetables implemented by Commission rules. 

16 TAC 8.230

Standards and Procedures

A test performed under a municipal code in compliance with Railroad Commission rules shall satisfy the pressure testing requirements.  Utilities Code 121.502(d); 16 TAC 8.230(c)(1)

The pressure test shall determine whether the natural gas piping downstream of a School facility meter holds at least normal operating pressure over a specified period determined by the Railroad Commission.  During the pressure test, each system supply inlet and outlet in the facility must be closed.  The pressure test shall be performed by a person qualified in accordance with the testing procedures established by Railroad Commission rules.  At the Schools request, the Railroad Commission shall assist the School in developing a procedure for conducting the test.  Utilities Code 121.503; 16 TAC 8.230(c)(2), (3)

Notice

The School shall provide written notice to the Schools natural gas supplier specifying the date and result of each pressure test or other inspection.  The supplier shall develop procedures for receiving such written notice from the School.  Utilities Code 121.504(a); 16 TAC 8.230(c)(1)

Termination of Service

The supplier shall terminate service to a School facility if:

  1. The supplier receives official notification from the firm or individual conducting the test of a hazardous natural gas leakage in the facility piping system; or
  2. A test or other inspection is not performed as required.

Utilities Code 121.505(a)

The supplier shall develop procedures for terminating service to the School if:

  1. The natural gas supplier receives notification of a hazardous natural gas leak in the school facility piping system; or
  2. The natural gas supplier does not receive written notification from the School specifying the completion date and results of the testing.

16 TAC 8.230(b)(2)

Reporting Leaks

An identified natural gas leakage in a School facility must be reported to the Board.  The firm or individual conducting the natural gas piping test shall immediately report any hazardous natural gas leak in a School facility to Board and to the Schools natural gas supplier.  Utilities Code 121.506; 16 TAC 8.230(c)(6)

LP-GAS SYSTEMS TESTING

At least biennially, the School shall perform pressure tests for leakage on the LP-gas piping system in each School facility before the beginning of the school year.  The School may perform the pressure tests on a two-year cycle under which the tests are performed for the LP-gas piping systems of approximately half of the facilities each year.  If the School operates one or more School facilities on a year-round calendar, the pressure test in each of those facilities must be conducted and reported not later than July 1 of the year in which the test is performed.

A test performed under a municipal code satisfies the pressure testing requirements.

Natural Resources Code 113.352; 16 TAC 9.41

Requirements of Test

The School shall perform the pressure test to determine whether the LP-gas piping system holds at least the amount of pressure specified by the National Fire Protection Association 54, National Fuel Gas Code.  The pressure test must be conducted in accordance with National Fire Protection Association 54.

The Railroad Commission, upon request, shall assist the School in providing for the certification of a School employee to conduct the test and in developing a procedure for conducting the test.

Natural Resources Code 113.353

Before the introduction of any LP-gas into the LP-gas piping system, the School shall provide verification to its supplier that the piping has been tested.

Notice

The School shall provide written notice to the Railroad Commission specifying the date and the result of each pressure test or other inspection of the LP-gas piping system within one week of the date each test is performed.

Natural Resources Code 113.354; 16 TAC 9.41

Termination of Service

A supplier shall terminate service to a School facility if:

  1. The supplier receives official notification from the firm or individual conducting the test of a hazardous leakage in the facility LP-gas piping system; or
  2. A test at the facility is not performed as required.

Natural Resources Code 113.355

Reporting Leaks

An identified LP-gas leakage in a School facility shall be reported to the board and the LP gas system shall be removed from LP gas service until repairs are made and another test passed.  Natural Resources Code 113.356; 16 TAC 9.41(b)(3)

INTRASTATE PIPELINE EMERGENCY RESPONSE PLAN

The Railroad Commission shall require the owner or operator of each intrastate hazardous liquid or carbon dioxide pipeline facility, any part of which is located within 1,000 feet of a public school building containing classrooms, or within 1,000 feet of another public school facility where students congregate, to:

  1. On written request from the School, provide in writing the following parts of a pipeline emergency response plan that are relevant to the school:
    1. A description and map of the pipeline facilities that are within 1,000 feet of the School building or facility;
    2. A list of any product transported in the segment of the pipeline that is within 1,000 feet of the School facility;
    3. The designated emergency number for the pipeline facility operator;
    4. Information on the states excavation one-call system; and
    5. nformation on how to recognize, report, and respond to a product release; and
  2. Mail a copy of the requested items by certified mail, return receipt requested, to the School Superintendent. 

A pipeline operator or the operators representative shall appear at a regularly scheduled meeting of a Board to explain the above items if requested by the Board or School. 

The Railroad Commission may not require the release of parts of an emergency response plan that include security sensitive information, including maps or data.  Security sensitive information shall be made available for review by but not provided to a board.

Natural Resources Code 117.012(k), (l), (m); 16 TAC 8.315

Adopted: 11/7/80
Amended: 11/11/83, 5/29/87, 1/29/93, 5/27/93, 9/24/93, 11/14/97, 1/24/02, 3/28/08
Reviewed: 4/3/09

DEFERRED COMPENSATION

For purposes of deferred compensation programs, TSBVI is an agency of the State of Texas and, as such, participates in the state's Deferred Compensation Program which is administered by the Texas Employees Retirement System and which operates in accordance with Chapter 609, Subchapter C, Government Code.

Gov't Code, Ch. 609

ANNUITIES

The Board may enter into agreements with its employees for the purchase of annuities, or for contributions to any type of investment for its employees as authorized in Section 403(b) of the Internal Revenue Code of 1954 as it existed on January 1, 1981. In the event the Board enters any such agreement, employees are entitled to designate any agent, broker, or company through which the annuity, or investment, is to be purchased.

Art. 6228a-5, V.A.T.S.

The Board may, under Article 6228a-5, contract on behalf of its employees to purchase annuities and other investments from any type of seller generally authorized by Texas laws to sell such annuities and investments.

Atty. Gen. Op. No. MW-570(1982)

Adopted: 3/12/82
Amended: 9/27/90, 9/29/95, 5/28/03
Reviewed: 9/24/99, 11/21/03

CRG - 1 of 1

Texas School for the Blind and Visually Impaired shall comply with the provisions of the Texas Unemployment Compensation Act.

Labor Code Chapter 201.026

REASONABLE ASSURANCE

Employees shall be ineligible to receive benefits if:

  1. They perform instructional, research, or principal administrative services and have a contract or reasonable assurance of performing such services for TSBVI during the next academic year or term.
  2. They perform other services for TSBVI and have reasonable assurance of performing such services during the next academic year or term.
  3. They perform services described above immediately before a vacation period or holiday recess and have reasonable assurance of performing such services during the period following such vacation or holiday recess.

Labor Code 207.041

MANNER OF CONTRIBUTION

The School shall reimburse the Unemployment Compensation Special Administration Fund from its legislative appropriations for one-half of the unemployment benefits paid to the School's former employees whose payroll warrants were originally issued in whole, or part, from the General Revenue Fund dedicated General Revenue Fund accounts and Other Special Fund appropriations.

The School shall reimburse the Unemployment Compensation Special Administration Fund from its legislative appropriations for all of the unemployment benefits paid to the School's former employees whose positions were funded through Federal grants.

General Appropriations Act, Article IX, Sec.15.01

Initial Claim and Response

After receiving a notice of the filing of an initial claim for unemployment benefits, TSBVI shall notify the Texas Workforce Commission (TWC) promptly of any facts known that may adversely affect the claimant’s right to benefits or affect a charge to the School’s account.

TSBVI’s notification must include sufficient factual information to allow the TWC to make a determination regarding the claimant’s entitlement to benefits.

If TSBVI does not mail or otherwise deliver the notification within 14 days after the date notice of the claim was mailed, the School waives all rights in connection with the claim, including rights the School may have under Government Code Chapter 204, Subchapter B, other than rights relating to a clerical or machine error as to the amount of the person’s chargeback or maximum potential chargeback in connection with the claim of benefits.

Gov’t Code 208.004(a)-(b)

Adopted:         9/10/82

Amended:       9/9/83, 11/11/83, 3/25/94, 11/17/95, 1/23/98, 11/22/02, 11/19/04, 6/1/18

Reviewed:

For purposes of workers' compensation insurance, the Texas School for the Blind and Visually Impaired is an agency of the State of Texas and, as such, participates in the state's self-insurance program which is administered through the State Office of Risk Management. All rules, regulations, and procedures of that program shall be observed.

NOTICE

Notice of the provision for workers' compensation benefits, and the effective date of the coverage shall be given to the School's employees.

Labor Code 504.018

OMBUDSMAN PROGRAM

The School shall notify its employees, in a manner prescribed by the commission, of the commission's ombudsman program to assist injured workers and persons claiming death benefits in obtaining benefits under the Texas Workers' Compensation Act.

Labor Code 404.153

REPORTS OF SAFETY VIOLATIONS

The School shall notify its employees, in the manner prescribed by the commission, of the 24-hour-a-day toll-free telephone system for reporting violations of an occupational health, or safety law. The School shall not suspend, terminate, or otherwise discriminate against an employee for making a good faith report of a violation of an occupational health, or safety law.

Labor Code 411.081, 411.082

DISCRIMINATION PROHIBITED

A person may not discharge, or in any other means discriminate against, an employee because the employee has:

  1. Filed a workers' compensation claim in good faith.
  2. Hired a lawyer to represent the employee in a claim.
  3. Instituted, or caused to be instituted in good faith, a proceeding under the Texas Workers' Compensation Act.
  4. Testified, or is about to testify, in a proceeding under the Texas Workers' Compensation Act.

Labor Code 451.001

A person who violates the above provision is liable for reasonable damages incurred by the employee as a result of the violation, and an employee discharged in violation of the above provision is entitled to reinstatement in the former position of employment. The burden of proof in a proceeding, alleging violation of the above provision, is on the employee.

Labor Code 451.002

LEAVES OF ABSENCE

The School shall not terminate an employee who is on an unpaid leave of absence and receiving workers' compensation benefits, except when the termination is for a legitimate reason independent from the employee's workers' compensation claim.

Atty. Gen. Op. JM-227(1984)

If the School terminates an employee for violating a reasonable absence-control policy, the School cannot be liable for prohibited discrimination as long as the rule is uniformly enforced.

Continental Coffee Products Co. v. Cazarez, 937 S.W.2d 444 (Tex. 1996) [See DEC (LEGAL) at ABSENCE CONTROL]

PROCEDURE

The Superintendent shall develop procedures to implement the provisions of the Texas Workers' Compensation Commission Act.

REIMBURSEMENT

The School shall transfer to the State Office of Risk Management its assessed allocation amounts for workers' compensation coverage for School employees from funding in the same proportion as the School's expected payroll funding, including General Revenue Funds, dedicated General Revenue Fund accounts, Other Funds or local bank accounts.

General Appropriations Act, Article IX Section 6.30(c)

Adopted: 5/28/92

Amended: 11/17/95, 5/21/98, 11/19/99, 3/26/04, 11/18/05

Reviewed: 5/24/96, 11/22/02

GROUP INSURANCE BENEFITS

For purposes of group insurance benefits, including COBRA (Consolidated Omnibus Budget Reconciliation Act) coverage, and HIPAA provisions (Health Insurance Portability and Accountability Act, the Texas School for the Blind and Visually Impaired is an agency of the State of Texas and, as such, participates in the State's Group Benefits Program which is administered by the Texas Employees Retirement System. All rules, regulations, and procedures of that program shall be observed.

CONTINUATION DURING MILITARY LEAVE

An employee who is absent from a position of employment by reason of service in the uniformed services may elect to continue coverage under a health plan. The maximum period of coverage of such a person and the person's dependents shall be the lesser of:

  1. The 24-month period beginning on the date on which the person's absence begins; or
  2. The day after the date on which the person fails to apply for or return to a position of employment. [See DEC]

38 U.S.C. 4317

CONTINUATION DURING FAMILY AND MEDICAL LEAVE ACT

During any period of leave under the Family and Medical Leave Act (FMLA), the School shall allow the employee to maintain coverage under the State's Group Benefits Program for the duration of the leave, at the level, and under the conditions, coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The School may recover any premiums it paid for maintaining coverage during a period of unpaid FMLA leave if the employee fails to return from leave after the FMLA leave, has expired and the failure to return is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to FMLA leave, or other circumstances beyond the employee's control.

29 U.S.C. 2614(c); 29 CFR 825.209, 825.210, 825.213 [See also DEC]

PREMIUM CONVERSION

Employees shall participate in the State's premium conversion program which enables employees' insurance premiums to be paid with pre-tax dollars.

CAFETERIA PLAN

Employees may participate in the State's cafeteria plan (TexFlex) which includes the option of paying eligible health care expenses, and eligible dependent care expenses with pre-tax, rather than after-tax, dollars.

Adopted:          3/7/80

Amended:        5/28/92, 11/17/95, 1/24/97, 11/6/98, 11/19/99, 11/21/03, 11/18/05, 4/3/09

Reviewed:        11/22/02, 1/26/07, 11/16/18

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

NEXT GENERATION TECHNOLOGY

TSBVI shall consider using next generation technologies, including cryptocurrency, blockchain technology, and artificial intelligence.  Gov’t Code 2045.601

CHILDREN’S INTERNET PROTECTION ACT

Under the Children’s Internet Protection Act (CIPA), TSBVI must, as a prerequisite to receiving universal service discount rates, implement certain Internet safety measures and submit certification to the Federal Communications Commission (FCC).  47 U.S.C. 254  [See UNIVERSAL SERVICE DISCOUNTS, below, for details]

Definitions

Harmful to Minors

“Harmful to minors” means any picture, image, graphic image file, or other visual depiction that:

  1. Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
  2. Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
  3. Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

47 U.S.C. 254(h)(7)(G); 20 U.S.C. 7131(e)(6)

Inappropriate for Minors

The Board has designated the Superintendent or his/her designee to develop and implement administrative regulations to determine what matter is considered inappropriate for minors.  47 U.S.C. 254(l)(2)

Technology Protection Measure

“Technology protection measure” means a specific technology that blocks or filters Internet access.  47 U.S.C. 254(h)(7)(l)

UNIVERSAL SERVICE DISCOUNTS

An elementary or secondary school having computers with Internet access may not receive universal service discount rates unless the School, submits to the FCC the certifications described below at CERTIFICATIONS TO THE FCC and a certification that an Internet safety policy has been adopted and implemented as described at INTERNET SAFETY POLICY below, and ensures the use of computers with Internet access in accordance with the certifications.  47 U.S.C. 254(h)(5)(A); 47 CFR 54.520

“Universal service” means telecommunications services including Internet access, Internet services, and internal connection services and other services that are identified by the FCC as eligible for federal universal service support mechanisms.  47 U.S.C. 254(c), (h)(5)(A)(ii)

Certifications to the FCC

TSBVI receives discounts for Internet access and internal connections services under the federal universal support mechanism for schools and must make certifications in accordance with 47 C.F.R. 54.520(c) each funding year.  47 C.F.R. 54.520(b)

To be eligible for universal service discount rates, the School shall certify to the FCC during each annual program application cycle, in the manner prescribed at 47 CFR 54.520, that it:

 

With Respect to Minors

  1. Is enforcing a policy of Internet safety for minors that includes monitoring their online activities and the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene, child pornography, or harmful to minors;
  2. Is enforcing the operation of such technology protection measure during any use of such computers by minors; and
  3. Is educating minors, as part of its Internet safety policy, about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.

47 U.S.C. 254(h)(5(B)); 47 CFR 54.520

With Respect to Adults

TSBVI must submit certification that the School:

  1. Is enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene or child pornography; and
  2. Is enforcing the operation of such technology protection measure during any use of such computers.

47 U.S.C. 254(h)(5)(C)

Disabling for Adults

An administrator, supervisor, or other person authorized by TSBVI may disable the technology protection measure during use by an adult to enable access for bona fide research or other lawful purpose.  47 U.S.C. 254(h)(5)(D)

Internet Safety Policy

The Board shall adopt and implement this Internet safety policy that addresses:

  1. Access by minors to inappropriate matter on the Internet and the World Wide Web;
  2. Safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;
  3. Unauthorized access, including “hacking”, and other unlawful activities by minors online;
  4. Unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and
  5. Measures designed to restrict minors’ access to materials harmful to minors.

47 U.S.C. 254(l)

The Superintendent or designee shall develop and implement an Internet Safety Plan by administrative regulation.

Public Hearing

TSBVI shall provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy.  42 U.S.C. 254(h)(5)(A)(iii), (l)(1)(B)

TECHNOLOGY PROTECTION MEASURE

In accordance with the appropriate certification, the School shall operate a technology protection measure that protects minors against access to visual depictions that are obscene, child pornography, or harmful to minors; and protects adults against access to visual depictions that are obscene or child pornography.  47 U.S.C. 254(h)(5)(B), (C)

MONITORED USE

In accordance with the appropriate certification, the School shall monitor the online activities of minors.  47 U.S.C. 254(h)(5)(B)

UNIFORM ELECTRONIC TRANSACTIONS ACT

TSBVI may agree with other parties to conduct transactions by electronic means.  Any such agreement or transaction must be done in accordance with the Uniform Electronic Transactions Act.  Business and Commerce Code Chapter 322; 1 TAC 203

DIGITAL SIGNATURE

A digital signature may be used to authenticate a written electronic communication sent to the School if it complies with rules adopted by the Board.  Before adopting the rules, the Board shall consider the rules adopted by the Department of Information Resources (DIR) and, to the extent possible and practicable, make the Board’s rules consistent with DIR rules.  Gov’t Code 2054.060; 1 TAC 203

TRANSFER OF EQUIPMENT TO STUDENTS

TSBVI may transfer to a student enrolled in the School:

  1. Any data processing equipment donated to the School, including equipment donated by a private donor, a state eleemosynary institution, or a state agency under Government Code 2175.306
  2. Any equipment purchased by TSBVI; and
  3. Any surplus or salvage equipment owned by TSBVI.

Education Code 32.102(a)

Before transferring data processing equipment to a student, TSBVI must:

  1. Adopt procedures governing transfers, including provisions for technical assistance to the student by the School;
  2. Determine that the transfer serves a public purpose and benefits the School; and
  3. Remove from the equipment any offensive, confidential, or proprietary information, as determined by TSBVI.

Education Code 32.104

Donations

TSBVI may accept:

  1. Donations of data processing equipment for transfer to students; and
  2. Gifts, grants, or donations of money or services to purchase, refurbish, or repair data processing equipment.

Education Code 32.102(b)

TSBVI shall not pay a fee or other reimbursement to a state eleemosynary institution or institution or agency of higher education or other state agency for surplus or salvage data processing equipment it transfers to TSBVI. Government Code 2175.905(c)

Use of Public Funds

TSBVI may spend public funds to:

  1. Purchase, refurbish, or repair any data processing equipment transferred to a student; and
  2. Store, transport, or transfer data processing equipment under this policy.

Education Code 32.105

Eligibility

A student is eligible to receive data processing equipment under this policy only if the student does not otherwise have home access to data processing equipment, as determined by TSBVI.   The School shall give preference to educationally disadvantaged students.  Education Code 32.103

Return of Equipment

Except as provided below, a student who receives data processing equipment from TSBVI under this policy shall return the equipment to the School not later than the earliest of:

  1. Five years after the date the student receives the equipment;
  2. The date the student graduates;
  3. The date the student transfers to local district; or
  4. The date the student withdraws from TSBVI.

If, at the time the student is required to return the equipment, TSBVI determines that the equipment has no marketable value, the student is not required to return the equipment.

Education Code 32.106

Adopted:         8/9/99

Amended:       1/31/03, 5/29/12, 1/25/13, 4/6/18, 1/31/20

Reviewed:       4/1/05

DEFINITIONS

Within this policy:

  1. "record" means any written photographic, machine-readable, or other recorded information created, or received, by, or on behalf, of TSBVI that documents activities in the conduct of state business, or use of public resources. The term does not include library, or museum, material made, or acquired and maintained solely for reference, or exhibition purposes; an extra copy of recorded information maintained only for reference; or a stock of publications, or blank forms.  (See Policy FL for additional information on student records.)
  2. "confidential state record" means any state record to which public access is, or may be restricted, or denied under Texas Government Code Chapter 552, or other state, or federal, law.
  3. "vital state record" means any record necessary to the resumption, or continuation, of state agency operations in an emergency, or disaster; the recreation of the legal and financial status of the agency; or the protection and fulfillment of obligations to the people of Texas.

Gov’t Code 441.180(4), (11), (13)

SUPERINTENDENT’S RESPONSIBILITIES

The Superintendent shall have the following responsibilities related to TSBVI records:

  1. Establish and maintain a records management program on a continuing and active basis;
  2. Create and maintain records containing adequate and proper documentation of TSBVI's organization, functions, policies, decisions, procedures, and essential transactions of TSBVI designed to furnish information to protect the financial and legal rights of the state, and any person affected by the activities of TSBVI.
  3. Make certain that all TSBVI records are passed to the Superintendent's successor.
  4. Identify and take adequate steps to protect confidential and vital state agency records.
  5. Cooperate with the Texas State Library and Archives Commission in the conduct of State Agency Records Management Surveys; and
  6. Cooperate with the Texas State Library and Archives Commission, the chief executive and administrative officer of the Texas State Library and Archives Commission, and any designees of thereof, in fulfilling their responsibilities under Chapter 441, Subchapter L of the Texas Government Code.

Gov’t Code 441.183

RECORDS MANAGEMENT OFFICER

The Superintendent designates the Human Resources Director as the TSBVI Records Management Officer who shall perform the following duties:

  1. Administer the TSBVI records management program.
  2. Assist the Superintendent in fulfilling all of the Superintendent's duties under rules adopted pursuant to Chapter 441, Subchapter L of the Texas Government Code.
  3. Disseminate to TSBVI employees’ information concerning state laws, administrative rules, and TSBVI policies and procedures relating to the management of state agency records.
  4. Fulfill all duties required of records management officers under Chapter 441, Subchapter L of the Texas Government Code.

The Human Resources Director shall continue to serve in that capacity until he/she ceases employment with TSBVI; the Superintendent chooses to act as the records management officer for TSBVI; or the Superintendent appoints another person as the records management officer.

Gov’t Code 441.184

DEPARTMENTAL RECORDS CUSTODIANS

The following TSBVI administrators shall serve as Departmental Records Custodians for the records in their respective departments:

  1. Superintendent
  2. Chief Financial Officer
  3. Principals
  4. Planning & Evaluation Director
  5. Outreach Director
  6. Information Resources Director
  7. Center for School Resources Director
  8. Health Center Director
  9. Human Resources Director

The Departmental Records Custodians shall:

  1. Cooperate with the Records Management Officer in carrying out this policy and any procedures implementing this policy; and
  2. Maintain the records in their care and carry out the preservation, microfilming, electronic reproduction, destruction, or other disposition of the records in accordance with this policy and any procedures implementing this policy.

MICROFILMING AND ELECTRONIC RECORDS

The Records Management officer may designate photographic reproductions and electronically produced copies of any TSBVI records as an original record for all legal purposes.  Electronic

records used for official TSBVI business are state records and must comply with records management requirements.  Gov’t Code 441.188-189

FEDERAL INVESTIGATIONS

Anyone who knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any bankruptcy case, or in relation to or contemplation of any such matter or case, shall be fined, imprisoned not more than 20 years, or both.  

18 U.S.C. 1519

STATE CRIMINAL OFFENSES

Tampering with Government Record

A person commits an offense if he or she

  1. Knowingly makes a false entry in, or false alteration of, a government record;
  2. Makes, presents or uses any record, document or thing with knowledge of its falsity and with intent that it be taken as a genuine government record;
  3. Intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility or availability of a government record;
  4. Possess, sells or offers to sell a government record or blank government record form with intent that it be used unlawfully;
  5. Makes, presents or uses a government record with knowledge of its falsity; or
  6. Possesses, sells, or offers to sell a government record or a blank government record form with knowledge that it was obtained unlawfully.

It is an exception to item 3 above that the government record is destroyed pursuant to legal authorization or transferred under Government Code 441.204.  Penal Code 37.10

PRESERVATION OF RECORDS

The Board hereby determines that information that is not currently in use will be preserved in accord with the TSBVI records retention schedule submitted to and approved by the Texas State Library and Archives Commission, subject to any applicable rule or law governing the destruction and other disposition of public information and recertification requirements.  Student records shall be preserved in accord with applicable laws, regulations and policy (See Policy FL).  The School may determine to keep certain records in perpetuity.  Gov’t Code 552.004

The Board shall preserve the certified agenda or tape recording of a closed meeting for at least two years after the date of the meeting.  If an action involving the meeting is brought within that period, the certified agenda or tape recording shall be preserved while the action is pending.  Gov’t Code 551.104(a)

Adopted:          1/11/83

Amended:        1/14/97, 1/23/98, 5/28/03, 3/23/07, 11/16/07, 11/20/15, 8/9/19

Reviewed: