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USE OF SCHOOL MAIL SYSTEM

Unless it has been opened to the public, by policy or practice, a school mail system is not a public forum.  TSBVI may create a limited public forum in its campus mailboxes.

 Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37, 103 S. Ct. 948 (1983) [See also GKD - COMMUNITY RELATIONS: USE OF SCHOOL FACILITIES]

Political Advertising

An officer or employee of TSBVI may not knowingly use or authorize the use of an internal mail system for the distribution of political advertising.  This prohibition does not apply to 1) the use of an internal mail system to distribute political advertising that is delivered to the School through the United States Postal Service; or 2) the political advertising is the subject of or related to an investigation, hearing, or other official proceeding of the School.  Election Code 255.0031  [See BBD - Board Members: Training And Orientation for the definition of “Political Advertising”]

The Board does not permit use of the School’s mail system for distribution of materials by persons or organizations outside the School. 

(See also GKDA - NONSCHOOL USE OF SCHOOL FACILITIES: DISTRIBUTION OF NONSCHOOL LITERATURE for information related to distributing and making available non-school materials.)

Adopted:          5/25/05

Amended:        6/1/18

Reviewed:

Canteen Operation

TSBVI may operate an on-campus canteen as a vocational instructional site to offer food service at mealtimes and during other times of the day.

See Texas Education Code 30.021(f)

Fees for Meals for Employees

The Superintendent shall determine the fee for meals for employees.  The fee may not exceed the direct and indirect costs of preparation of a meal.

See General Appropriations Act 2009, Article IX, Section 13.01

Procedure

The Superintendent shall ensure that procedures are developed for internal control of the operation and supervision of the canteen.

Fiscal Accounting Reports

No less than annually, the Director of Accounting will submit to the Superintendent a status report addressing all fiscal matters relating to the operation of the canteen.

Deposit of Proceeds

Proceeds from the operation of the canteen shall be deposited to the credit of the School's accounts in the State Treasury.

Adopted:          4/13/79

Amended:        9/29/95, 5/23/97, 5/28/03, 3/28/08, 11/19/10, 1/28/11

Reviewed:

DAIRY PRODUCTS

The Board shall not purchase milk, cream, butter, cheese, or a product consisting largely of one or more of those items that has been imported from outside the United States. Health and Safety Code 435.021

IMPORTED BEEF

The School shall not purchase beef or a product consisting substantially of beef that has been imported from outside the United States.  Agriculture Code 150.012

Adopted: 3/7/80
Amended: 11/19/93, 4/6/18
Reviewed: 5/23/97, 1/24/02, 3/28/08

 

U.S. DEPARTMENT OF AGRICULTURE RULES

Foods determined to be of minimal nutritional value, as defined by the U.S. Department of Agriculture, shall not be sold in the food service areas during the breakfast, lunch, or supper periods. 7 CFR 210.30

MINIMUM STANDARDS FOR SCHOOL NUTRITION

TSBVI must ensure that all newly hired school nutrition program directors meet minimum hiring standards and ensure that all new and existing directors have completed the minimum annual training/education requirements for school nutrition program directors, as set forth in the Code of Federal Regulations.  7C.F.R. 210.30

TEXAS DEPARTMENT OF AGRICULTURE SCHOOL NUTRITION  POLICIES

TSBVI must comply with applicable rules adopted by the Texas Department of Agriculture (TDA), which administers federal and state nutrition programs including the National School Lunch Program (NSLP under 42.US.SC. Section 1751 et seq.; and the School Breakfast Program (SBP) under 42 U.S.C. Section 1773, Agriculture Code 12.0025

Definitions 

“School day” means the midnight before, to 30 minutes after, the end of the official school day. 

“School campus” means all areas of the property under the jurisdiction of the School that are accessible to students during the school day. 

.4 TAC 26.1 

ACCOUNTING FOR MEALS

TSBVI uses student cards or accounts to keep track of meals served for accounting purposes only.  All student meals are served without charge.

Exempt Fundraisers 

Schools that participate in the NSLP or SBP may sell food and beverages that do not meet nutritional standards outlines in 7 C.F.R. Parts 210 and 220 as part of a fundraiser, during the school day, for up to six days per school year on each school campus, provided that no specially exempted fundraiser foods or beverages may be sold in competition with school meals in the food service area during the meal service.  .4 TAC 26.2

Adopted:          3/7/80
Amended:        5/8/81, 9/21/84, 11/19/93, 5/23/97, 6/4/08, 4/6/18
Reviewed:        1/24/02

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:      

AUTHORIZATION TO PURCHASE VEHICLES

The School may purchase school motor vehicles through the Texas Comptroller of Public Accounts.  

NEW VAN PURCHASES OR LEASES 

TSBVI may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the School to transport preprimary, primary, or secondary school students to or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multi-function school activity buses under federal law.  This provision does not apply in some limited circumstances. 

49 U.S.C. 30112

MAINTENANCE

School buses operated by the School shall be maintained and inspected as required by the Transportation Code.

Transp. Code 548

REGISTRATION 

School owned vehicles used exclusively for the School are exempt from the state registration fee; however, they shall be registered in accordance with general statutes relating to motor vehicle registration.

Transp. Code 502.202

IDENTIFICATION

Exempt license plates shall not be issued to vehicles unless the applicant for registration certifies in writing that the name of the School is printed on each side of the vehicle, in letters that are at least two inches high or in an emblem that is at least 100 square inches in size.  The letters or emblem must be of a color sufficiently different from the body of the vehicle to be clearly legible from a distance of 100 feet.  

Transp. Code 502.2015

SALE OF BUSES 

When any school buses owned by the School are to be sold, traded in, or otherwise disposed of, they shall be disposed of by the Texas Facilities Commission or by the Board, under such rules and regulations as the Texas Facilities Commission may provide. 

SCHOOL BUS ADVERTISING

The Superintendent shall not allow the exterior of any school vehicle to bear advertising or another paid announcement directed at the public. 

NONSCHOOL USE 

The Board may contract with nonschool organizations for use of school buses. 

Education Code 34.010(a)

The Board may provide services for the maintenance and operation of buses used by nonschool organizations in accordance with the contracts for such use.

Education Code 34.010

Adopted:          3/12/82
Amended:        6/29/84, 5/27/93, 9/29/95, 5/23/97, 3/21/03, 11/19/04, 3/28/08, 4/9/10, 4/6/18
Reviewed:        1/24/02

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:

Note:    For provisions regarding selection and adoption of instructional materials, see EFA.

Technology and Instructional Materials

Instructional materials selected for use in the public schools shall be furnished without cost to the students attending TSBVI.  Except as provided by Education Code 31.104(d), the school may not charge a student for instructional material or technological equipment purchased with the School’s technology and instructional materials allotment.  Education Code 31.001

Each instructional material, including electronic instructional material with applicable licensing agreement, purchased as provided by Education Code Chapter 31 for TSBVI is the property of the School.  Education Code 31.102(a)–(b)

Allotment

TSBVI is entitled to an allotment each biennium from the state technology and instructional materials fund for each student enrolled at TSBVI on a date during the last year of the preceding biennium specified by the commissioner of education.  The commissioner shall determine the amount of the allotment per student each biennium on the basis of the amount of money available in the state technology and instructional materials fund to fund the allotment.  The allotment shall be transferred from the state technology and instructional materials fund to the credit of the School’s technology and instructional materials account as provided by Education Code 31.0212.  Money deposited in the School’s technology and instructional materials account during each state fiscal biennium remains in the account and available for use by TSBVI for the entire biennium.  At the end of each biennium, unused money in the school’s account may carry forward any remaining balance to the next biennium.  Education Code 31.0211(a), .0212

The commissioner shall, as early as practicable during each biennium, notify TSBVI of the estimated amount to which the School will be entitled during the next fiscal biennium. Education Code 31.0215(a)

No Appeal

The amount of the allotment determined by the commissioner is final and may not be appealed. 19 TAC 66.1307(d)

Delayed Publisher Payment Option

A district may requisition and receive state-adopted instructional materials before allotment funds for those materials are available.  The total cost of delayed-payment-option materials requisitioned may not exceed 80 percent of the School’s expected allotment for the subsequent biennium.

When TSBVI submits a requisition for instructional materials under this provision, TEA will expend the School’s existing allotment balance before applying the delayed payment option.  TEA will make payment for any remaining balance for the School’s order as the allotment funds become available and will prioritize payment for requisitions over reimbursement of purchases made directly by TSBVI.

The commissioner shall ensure that publishers of instructional materials are informed of any potential delay in payment and that payment is subject to the availability of appropriated funds.  Publishers may decline orders for which payments could be delayed.  A publisher’s decision to decline an order shall affect all of that publisher’s orders for which payments could be delayed.  Publishers may not selectively decline individual orders or orders from individual districts. Government Code Chapter 2251 does not apply to requisitions under this provision.

Education Code 31.0215; 19 TAC 66.1312

Allotment Adjustment

Change in Enrollment

Not later than May 31 of each school year, TSBVI may request that the commissioner adjust the number of students for which the School is entitled to receive an allotment on the grounds that the number of students attending school will increase or decrease during the school year for which the allotment is provided. The Commissioner may also adjust the number of students for which a district is entitled to receive an allotment, without a request, if the commissioner determines a different number of students is a more accurate reflection of students who will be attending TSBVI. The commissioner’s determination is final. Education Code 31.0211(e)

Permitted Expenditures

The allotment may be used to pay for:

  1. Instructional materials on the list adopted by the commissioner under Education Code 31.0231;
  2. Instructional materials on the list adopted by the State Board of Education (SBOE) under Education Code 31.024;
  3. Non-adopted instructional materials;
  4. Consumable instructional materials, including workbooks;
  5. Instructional materials for use in bilingual education classes, as provided by Education Code 31.029;
  6. Versions of non-adopted instructional materials that are fully accessible to students with disabilities;
  7. Instructional materials for use in college preparatory courses under Education Code 28.014, as provided by Education Code 31.031;
  8. Supplemental instructional materials, as provided by Education Code 31.035; State-developed open education resource instructional materials, as provided by Education Code Chapter 31, Subchapter B-1;
  9. Instructional materials and technological equipment under any ongoing contracts of the School in effect on September 1, 2011;
  10. Activities related to the TSBVI campus Review and Adoption Committee of instructional materials;
  11. Technological equipment that contributes to student learning, including equipment that supports the use of instructional materials.
  12. Training educational personnel directly involved in student learning in the appropriate use of instructional materials;
  13. Providing access to technological equipment for instructional use; and
  14. The salary and other expenses of an employee who provides technical support for the use of technological equipment directly involved in student learning

Education Code 31.0211(c); 19 TAC 66.1307(f)

Prohibited Expenditures

  1. The allotment may not be used to pay for:
  2. Services for installation;
  3. The physical conduit that transmits data such as cabling and wiring or electricity;
  4. Office and school supplies; or
  5. Items that are not directly related to student instruction such as furniture, athletic equipment, extension cords, temporary contractors, or video surveillance equipment;
  6. Travel expenses; or
  7. Equipment or software used for moving, storing, tracking, or taking inventory of instructional materials.

19 TAC 66. 1307(g)

Certification of Allotment

TSBVI shall annually certify to the commissioner that the School’s allotment has been used only for permitted expenses. Education Code 31.0213

Priority of Purchase

Each biennium TSBVI shall use the School’s allotment to purchase, in the following order:

  1. Instructional materials necessary to permit TSBVI to certify that the School has instructional materials that cover all elements of the essential knowledge and skills of the required curriculum, other than physical education, for each grade level.
  2. Any other instructional materials or technological equipment as determined by the School.

Education Code 31.0211(d); 19 TAC 66.1307(e)

Access to Allotment through EMAT

The allotment for each biennium will be made available for TSBVI use through the state’s online instructional material ordering system (EMAT) as early as possible in the fiscal year preceding the beginning of the biennium for which the funds have been appropriated. TSBVI may access its allotment for any upcoming school year upon completion of:

  1. Submission to the commissioner certification that:
    1. The School has instructional materials that cover all the required Texas essential knowledge and skills (TEKS), except those for physical education, as required by Education Code 31.004 [see Certification of Instructional Materials, below]; and
    2. The School has used its allotment for only the allowable expenditures [see Permitted Expenditures and Certification of Allotment Use, above]; and
  2. Preparation by TEA of EMAT for the new school year with the new allotment amounts.

Upon completion of these requirements, TSBVI may access its funds by correctly providing all information required in EMAT.

Education Code 31.101(f) 19 TAC 66.1307(h)–(j)

Delegation of Authority

The Board may delegate to an employee the authority to requisition, distribute, and manage the inventory of instructional materials, consistent with Education Code Chapter 31 and rules adopted under that chapter.  Education Code 31.104(a)

Requisitions, Use, and Distribution

TSBVI shall make a requisition for instructional materials using the online requisition program (EMAT) maintained by the commissioner not later than June 1 of each year.  TSBVI may requisition instructional materials on the SBOE instructional materials list for grades above the grade level in which a student is enrolled.  Education Code 31.103(b)–(c)

Supplemental Instructional Materials

TSBVI may requisition supplemental instructional material adopted by the SBOE but not on the instructional material list adopted under Education Code 31.023 only if the district requisitions the supplemental instructional material along with other supplemental instructional materials or instructional materials on the list adopted under Education Code 31.023 that in combination cover each element of the essential knowledge and skills for the course for which the School is requisitioning the supplemental instructional materials.  Education Code 31.035(d)

Availability of Open Education Resource Instructional Materials

When TSBVI selects open education resource instructional material it shall requisition a sufficient number of printed copies for use by students unable to access the instructional material electronically unless the school provides to each student:

  1. Electronic access to the instructional material at no cost to the student; or
  2. Printed copies of the portion of the instructional material that will be used in the course.

Education Code 31.103(d)

Employee Training

The Board shall require the employee responsible for ordering instructional materials to complete TEA-developed training in the use of the allotment and the use of the instructional materials ordering system (EMAT).  Training shall be completed prior to ordering instructional materials for the first time and again each time the district is notified by TEA that the training has been updated. TSBVI shall maintain documentation of the completion of the required training.  19 TAC 66.107(d)

Special Instructional Materials

All laws and rules applying to instructional materials provided to students with no disabilities that are not in conflict with Education Code 31.028 or 19 Administrative Code 66.1311 shall apply to the distribution and control of special instructional materials.  Special instructional materials include braille, large-print, and audio books and any other formats designed specifically to provide equal access to students with disabilities.

Requisitions for special instructional materials shall be based on actual student enrollment but may include up to two copies per student if necessary to meet individual need.

Special instructional materials are the property of the State of Texas. TSBVI is responsible for replacing or reimbursing the state for lost, stolen, or damaged special instructional materials.

For Teachers

Adopted instructional materials needed by a teacher with a print disability to carry out his or her instructional duties shall be furnished in the required format without cost.  The materials are to be loaned to TSBVI as long as needed and are to be returned to the state when they are no longer needed.

For Parents

Adopted instructional materials in a specialized format that are re-quested by a parent with a print disability shall be furnished without cost by the state.  Requests for electronic files shall be filled by TEA after the parent signs and TEA receives a statement, through the district, promising that the parent will safeguard the security of the files and observe all current copyright laws, including those that for-bid reproduction of the files and their transfer to other parties.  All specialized instructional material formats and electronic files that have been provided must be returned to TSBVI at the end of the school year.

19 TAC 66.1311

Certification of Instructional Materials

Prior to the beginning of each school year, TSBVI shall submit to the SBOE and commissioner certification that for each subject in the required curriculum under Education Code 28.002, other than physical education, and each grade level, the School provides each student with instructional materials that cover all elements of the essential knowledge and skills adopted by the SBOE for that subject and grade level.  The certification shall be submitted in a format approved by the commissioner and can be based on both state-adopted and non-state-adopted materials.

To determine whether each student has instructional materials that cover all elements of the essential knowledge and skills, TSBVI may consider:

  1. Instructional materials adopted by the SBOE;
  2. Materials adopted or purchased by the commissioner under Education Code 31.0231 or Education Code Chapter 31, Sub-chapter B-1;
  3. Open education resource instructional materials submitted by eligible institutions and adopted by the SBOE;
  4. Open education resource instructional materials made available by other public schools;
  5. Instructional materials developed or purchased by the district; and
  6. Open education resource instructional materials and other electronic instructional materials included in the repository un-der Education Code 31.083.

The certifications shall be ratified by the Board in a public, noticed meeting.

Education Code 31.004; 19 TAC 66.105

Ownership

Except as otherwise provided, a student must return all instructional materials to the teacher at the end of the school year or when the student withdraws from TSBVI.  At the end of the school year for which open education resource instructional material that TSBVI does not intend to use for another student is distributed, the printed copy of the open education resource instructional material be-comes the property of the student to whom it is distributed.  This provision does not apply to an electronic copy of open education resource instructional material. Education Code 31.104(c), (g)–(h); 19 TAC 66.107(b)

Responsibility for Instructional Materials and Equipment

Each student or the student’s parent or guardian is responsible for all instructional material and technological equipment not returned in an acceptable condition by the student.  A student who fails to return in an acceptable condition all instructional materials and technological equipment forfeits the right to free instructional materials and technological equipment until all instructional materials and techno-logical equipment previously issued but not returned in an acceptable condition are paid for by the student, parent, or guardian.

As provided by this board policy, TSBVI may waive or reduce the payment required if the student is from a low-income family. [See FP] The School shall allow the student to use instructional materials and technological equipment at school during each school day.

If instructional materials or technological equipment is not returned in an acceptable condition or paid for, TSBVI may withhold the student’s records.  The School may not prevent the student from graduating, participating in a graduation ceremony, or receiving a diplo-ma. [See FL and GBA regarding student and parental right to access records; and FD, FFAB, and FL regarding TSBVI’s duties to provide records to another district]

The Board may not require a TSBVI employee who acts in good faith to pay for instructional materials or technological equipment that is stolen, misplaced, or not returned by a student. [See DG]

These provisions do not apply to an electronic copy of open education resource instructional material.

Education Code 31.104(d), (e), (h); 19 TAC 66.107(c) [See also EF]

Acceptable Condition

Printed instructional materials are considered to be in acceptable condition if:

  1. The cover, binding, pages, spine, and all integral components of the instructional materials are wholly intact and the instructional materials are fully usable by students; and
  2. No component of the instructional materials is soiled, torn, or damaged (whether intentionally or by lack of appropriate care) to the extent that any portion of the content is too disfigured or obscured to be fully accessible to other students.

Electronic instructional materials are considered to be in acceptable condition if:

  1. All components or applications that are a part of the electronic instructional materials are returned;
  2. The electronic materials perform as they did when they were new;
  3. The electronic instructional materials do not contain computer code (e.g., bug, virus, worm, or similar malicious software) that has been designed to self-replicate, damage, change, or otherwise hinder the performance of any computer’s memory, file system, or software; and
  4. The electronic instructional materials have not been installed with plug-ins, snap-ins, or add-ins without TSBVI’s prior approval.

Technological equipment is considered to be in acceptable condition if:

  1. The equipment is returned with the software and hardware in their original condition unless the district authorized changes; and
  2. The physical condition of the equipment is fully usable as it was originally intended to be used.

19 TAC 66.1310

Lost or Damaged Instructional Materials

TSBVI may order replacements for instructional materials that have been lost or damaged directly from the publisher of the instructional materials or any source for a printed copy of open education resource instructional material. Education Code 31.104

Sale or Disposal

The Board shall determine how TSBVI will dispose of discontinued printed instructional materials, electronic instructional materials, and technological equipment.

Sale

The Board may sell printed instructional materials on the date the instructional material is discontinued for use in the public schools by the SBOE or the commissioner. T he Board may also sell electronic instructional materials and technological equipment.

Use of Proceeds

Any funds received by the School from a sale must be used to purchase instructional materials and technological equipment allowed under Education Code 31.0211.

Disposal

The Board may dispose of printed instructional material before the date the instructional material is discontinued for use in the public schools by the SBOE if the Board determines that the instructional material is not needed and the board does not reasonably expect that the instructional material will be needed.  TSBVI must notify the commissioner of any instructional material the School disposes of under this provision.

Education Code 31.105

Annual Inventory

TSBVI shall conduct an annual physical inventory of all currently adopted instructional materials that have been requisitioned by and delivered to the School.  The results of the inventory shall be recorded in the School’s files. 19 TAC 66.107(a)

Adopted:     10/25/85

Amended:   9/22/89, 9/27/90, 9/27/91, 3/27/92, 5/27/93, 5/26/94, 11/14/97, 1/31/03, 4/1/05, 11/16/07, 11/16/18

Reviewed:

Every public school shall fly the United States and Texas flags on all regular school days. Education Code 1.003

NATIONAL MOTTO

The School may display the national motto, "In God We Trust", in each classroom, auditorium, and cafeteria.

Education Code 1.004

Adopted: 3/7/80

Amended: 9/29/95, 4/1/05

Reviewed: 3/21/03, 6/3/2016

TSBVI school buildings, or physical facilities, may be named after persons. The Board shall approve recommending to the Legislature the naming of TSBVI school buildings, or physical facilities, after persons.

A building may bear the name of a person only if the person is deceased and was significant in the state's history. Tex. Gov't Code 2165.005

The Board may establish further criteria in relation to its deliberation, consideration and approval process.

NOMINATION PROCESS

EFFECTIVE DATES

BOARD ACTION

Nominations shall be submitted, in writing, by any current, or former, TSBVI employee, student, or Board member, to the Superintendent in a format available from the Superintendent no later than October 1 of even-numbered years. The Board is not obligated to act on any nomination. However, if the Board is to formally consider approval/disapproval, this must be accomplished at the November Board meeting of even-numbered years.

ROLE OF THE GENERAL SERVICES COMMISSION

The General Services Commission shall submit names proposed for a new state building, or proposals to rename an existing state building, to the presiding officers of the House of Representatives and the Senate.

The name proposed by the commission for a state building may be approved and authorized only by concurrent resolution passed by the Legislature and signed by the Governor.

Tex. Gov't Code Sec. 2165.005

Adopted: 1/26/89
Amended: 5/27/93, 11/15/96, 3/21/03

Reviewed: 3/30/99