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OPERATION OF VEHICLES

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

PARKING CONTROL

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

VEHICLE ACCESS

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

VEHICLE IDENTIFICATION INSIGNIA

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

UNAUTHORIZED VEHICLES

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

Adopted:         3/12/82

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

Reviewed:       11/19/93, 1/24/02


BUILDINGS

All TSBVI school buildings shall be located on grounds that are well-drained and maintained in a sanitary condition. All buildings shall be properly ventilated and provided with an adequate supply of drinking water, an approved sewage disposal system, hand-washing facilities, a heating system, and lighting facilities, all of which shall conform with established standards of good public health engineering practices.

LUNCH ROOMS

The TSBVI cafeteria shall be maintained in accordance with state food and drug regulations.

CUSTODIAL SERVICES

All school buildings and appurtenances to buildings shall be maintained in a sanitary manner.

The Director of Operations shall ensure that:

  1. All campus buildings are cleaned and maintained in accordance with written quality standards approved by the Superintendent.
  2. Staff will receive a written description of the services that will be provided by the custodial staff and the schedule that will be used to provide the services.
  3. Annually, staff are surveyed to provide input as to whether custodial services were provided in accordance with the schedule of services.

Training for Custodial Employees

All full-time and part-time building custodians and janitors shall know the fundamentals of safety and school sanitation.

The Assistant Director of Operations for Maintenance shall ensure that each member of the custodial staff receives training at least every two years in the areas of chemical safety and building cleaning procedures.

Health and Safety Code 341.065

STRUCTURAL PEST CONTROL

When necessary, the School shall obtain pest control services for school buildings either by:

  1. Contracting with a business that has a structural pest control business license; or
  2. Requiring a School employee who is licensed as a certified noncommercial applicator, or technician, to perform the services.

Occupations Code 1951.459

Before treating a school building for pest control, the School shall ensure that the necessary signs and information for employees and parents of students are posted or made available.

Occupations Code 1951.455

INTEGRATED PEST CONTROL PROGRAM

The School shall adopt an integrated pest control management program in accordance with the requirements of the Texas Structural Pest Control Act.  The program shall govern the School’s use of pesticides, herbicides, and other chemical agents for the purpose of controlling pests, rodents, insects, and weeds at School buildings and other school facilities.

PEST CONTROL POLICY REQUIREMENTS

The Superintendent shall develop a written pest management policy for all structural pest control activities conducted on school property based on the most current Structural Pest Control Board Integrated Pest Management document.  This policy must by kept on file by the Superintendent and the Integrated Pest Management (IPM) coordinator.  The following tenets of integrated pest management, as defined by the Environmental Protection Agency (EPA) shall be used as a basis for the School’s pest control program:

  1. Strategies that rely on the best combination of pest management tactics that are compatible with human health and environmental protection;
  2. Proper identification of pest problems;
  3. Monitoring programs to determine when pests are present or when pest problems are severe enough to justify corrective action;
  4. Use of nonchemical management strategies whenever practical; and
  5. Preferential use of the least toxic chemical controls when pesticides are needed.

For specific requirements regarding the application and classification of pesticides, refer to the
Structural Pest Control Law and Regulations Manual.

IPM COORDINATOR

A district shall designate an IPC coordinator(s).  The person(s) designated as the School's IPM coordinator(s) shall attend a TSPCB-approved IPM coordinator training course within 12 months of designation as IPM coordinator. The IPM coordinator shall oversee and be responsible for the following:

  1. Assisting in the coordination of pest management personnel and ensuring that all school employees who perform pest control have the necessary training, are equipped with the appropriate personal protective equipment, and have the necessary licenses for their pest management responsibilities;
  2. Maintaining a prioritized list of needed structural and landscape improvements.
  3. Working with administrators to ensure that local pest control proposal specifications are compatible with IPM principles, and that pest control contractors work under the guidelines of this policy;
  4. Ensuring that all pesticides used on the School's property are in compliance with this policy and keeping current pesticide labels and Material Safety Data Sheets (MSDS);
  5. Authorizing least hazardous, effective emergency treatments with the approval of the certified applicator;
  6. Handling requests and inquiries relating to pest problems and maintaining records of any pesticide-related complaints;
  7. Ensuring that files are maintained regarding pesticide application records and that incidental use reports are in compliance with 19 TAC 595.17;
  8. Informing the School's administrators and other personnel about IPM requirements (training, notice and posting, sanitation, pesticide storage);
  9. Maintaining a copy of the School's IPM policy.

APPLICATION TIME FRAME

The IPM coordinator shall coordinate with appropriate School administrators or other designated and trained employees pesticide or herbicide applications in accordance with law.  The IPM coordinator(s) shall determine when an emergency situation exists and an exception to the 48-hour notice requirement may be made.

NO UNAUTHORIZED APPLICATION

No other employee or other person or entity shall be permitted to apply a pesticide or herbicide at a school facility without the prior approval of the IPM coordinator and other than in the manner prescribed by law and the School’s integrated pest management program.

CONTRACTS

All contracts for pest control services must be consistent with this pest management policy.

NONCOMPLIANCE

The School is subject to administrative penalties if it is found not in compliance with the rules established by the TSPCB.

Occupations Code 1951.212; 22 TAC 595.11

Adopted:          3/7/80
Amended:        6/29/84, 1/29/93, 11/19/93, 9/29/95, 5/23/97, 1/24/02, 1/25/08, 11/20/09

IDENTIFICATION AND RIGHT TO EJECT

Identification may be required of any person on school property. The Board, or its designee may refuse to allow persons having no legitimate business to enter school property, and may eject any undesirable person from the property upon the person's refusal to leave peaceably on request.

Education Code 30.022(d); [See Education Code 37.105]

SAFETY STANDARDS

The Superintendent or his designee will develop written procedures that address the security of individuals, buildings, grounds, and equipment on the TSBVI campus, including standards related to the operation of parking of vehicles on school property.

See Education Code 37.102(a)

SECURITY PERSONNEL

The Superintendent shall require adequate numbers of security personnel to ensure the safety and security of students, staff and property at all times.

 

Adopted:          3/7/80

Amended:        3/12/82, 11/30/90, 1/29/93, 11/19/93, 9/29/95, 1/24/97, 1/31/03, 1/25/08, 11/19/10

Reviewed:

ENERGY AND WATER AUDITS

TSBVI shall review and audit utility billings and contracts to detect billing errors.  Any contract with a private person to conduct the review or audit must comply with all applicable provisions of Subchapter A, Chapter 2254, regarding professional services contracts.  The contract may not be awarded on a contingent fee basis unless the governor determines that the contract is necessary, reasonable, and prudent.  Texas Government Code 447.007

Reduction of Energy Consumption 

The Board shall establish a long-range energy plan to reduce TSBVI’s annual electric consumption by five percent beginning with the 2008 state fiscal year and consume electricity in subsequent fiscal years in accordance with the School’s energy plan.  The plan must include:

  1. Strategies for achieving energy efficiency, including facility design and construction, that:
    1. Result in net savings for the School; or
    2. Can be achieved without financial cost to TSBVI; and
  2. For each strategy identified above, the initial, short-term capital costs and lifetime costs and savings that may result from implementation of the strategy. 

In determining whether a strategy may result in financial cost to the School, the Board shall consider the total net costs and savings that may occur over the seven-year period following implementation of the strategy. 

The Board may submit the plan to the State Energy Conservation Office for the purposes of determining whether funds available through loan programs administered by the office or tax incentives administered by the state or federal government are available to the School. 

The Board may not disallow any proper allocation of incentives.

Education Code 44.902

Energy or Water Conservation Measures

“Energy savings performance contract” has the meaning assigned by Local Government Code 302.001.

Each energy or water conservation measure must comply with current local, state, and federal construction, plumbing, and environ- mental codes and regulations.  An energy savings performance contract may not include improvements or equipment that allow or cause water from any condensing, cooling, or industrial process or any system of non-potable usage over which the public water supply system officials do not have sanitary control, to be returned to the potable water supply.

The Board may enter into energy savings performance contracts only with persons who are experienced in the design, implementation, and installation of the energy or water conservation measures addressed by the contract.

The contracting and delivery procedures for construction projects described at Government Code Chapter 2269 do not apply to energy savings performance contracts.  The Texas Facilities Commission provides all construction projects and facilities maintenance for TSBVI.  Education Code 30.022(h-1)

Performance Bond 

Before entering an energy savings performance contract, the Board shall require the provider of the energy or water conservation measures to file a payment and performance bond relating to the installation of the measures in accordance with Government Code Chapter 2253.  The Board may also require a separate bond to cover the value of the guaranteed savings on the contract.

Financing 

An energy savings performance contract may be financed:

  1. Under a lease/purchase contract that has a term not to exceed 20 years from the final date of installation and that meets federal tax requirements for tax-free municipal leasing or long-term financing.
  2. Under a contract with the provider of the energy or water conservation measures that has a term not to exceed the lesser of 20 years from the final date of installation or the average useful life of the energy or water conservation or usage measures.

Notwithstanding other law, the Board may use any available money to pay the provider of the energy or water conservation measures, and the Board is not required to pay for such costs solely out of the savings realized by the School under an energy savings performance contract.

An energy savings performance contract for energy or water conservation measures shall contain provisions requiring the provider of the energy or water conservation measures to guarantee the amount of the savings to be realized by TSBVI under the contract.  If the term of an energy savings performance contract exceeds one year, the School’s contractual obligations in any one

year during the term of the contract beginning after the final date of installation may not exceed the total energy, water, wastewater, and operating cost savings, including electrical, gas, water, wastewater, or other utility cost savings and operating cost savings resulting from the measures as determined by TSBVI, divided by the number of years in the contract term.

Contract Procurement

An energy savings performance contract shall be let according to the procedures established for professional services by Government Code 2254.004 (the Professional Services Procurement Act). [See CH]  Notice of the request for qualifications shall be published in the manner provided for competitive bidding.

The Board may contract with the provider of the energy or water conservation measures to perform work that is related to, connected with, or otherwise ancillary to the measures identified in the scope of an energy savings performance contract.

Cost Savings Review

Before entering into an energy savings performance contract, the Board must require that the cost savings projected by an offeror be reviewed by a licensed professional engineer who has a minimum of three years of experience in energy calculation and review, is not an officer or employee of an offeror for the contract under re- view, and is not otherwise associated with the contract.  In conducting the review, the engineer shall focus primarily on the proposed improvements from an engineering perspective, the methodology and calculations related to cost savings, increases in revenue, and, if applicable, efficiency or accuracy of metering equipment.  An engineer who reviews a contract shall maintain the confidentiality of any proprietary information the engineer acquires while reviewing the contract.

Education Code 44.901 

Energy Usage Report 

TSBVI shall record in an electronic repository the School’s metered amount of electricity, water, or natural gas consumed for which it is responsible to pay and the aggregate costs for those utility services.  TSBVI shall report the recorded information on a publicly accessible Internet website with an interface designed for ease of navigation if available, or at another publicly accessible location. Gov’t Code 2265.001

Light Bulbs

TSBVI shall rely upon the Texas Facilities Commission to purchase for use in each type of light fixture in an instructional facility the commercially available model of light bulb that:

  1. Uses the fewest watts for the necessary luminous flux or light output;
  2. Is compatible with the light fixture; and
  3. Is the most cost-effective, considering the factors described above.

Education Code 30.022(h-1), 44.903 

[See CS for energy conservation measures related to outdoor lighting fixtures]

LONG-RANGE PLAN FOR UTILITIES 

TSBVI shall develop and implement a long-range plan for the delivery of reliable, cost-effective utility services and submit the plan to the state energy conservation office upon request.  TSBVI shall use the plan in preparing its five-year construction and major renovation plans.  After other energy-saving or water-saving alternatives are considered, heating and cooling or on-site generation of electricity may be considered in planning for reliable, efficient, and cost-effective utility services.  Government Code 447.002, 47.009

Recycling Program 

In cooperation with the Texas Facilities Commission, or the Texas Commission on Environmental Quality (TCEQ), TSBVI shall establish a program for the separation and collection of all recyclable materials generated by the School’s operations, including at a minimum, aluminum, steel containers, aseptic packaging, polycoated paperboard cartons, high-grade office paper, and corrugated cardboard.  “Recyclable materials” includes materials in a School’s possession that have been abandoned or disposed of by the School’s officers or employees or by any other person.

TSBVI shall also:

  1. Provide procedures for collecting and storing recyclable materials, provide containers for recyclable materials, and provide procedures for making contractual or other arrangements with buyers of recyclable materials.
  2. Evaluate the amount of recyclable material recycled and modify the recycling program as necessary to ensure that all recyclable materials are effectively and practicably recycled.
  3. Establish educational and incentive programs to encourage maximum employee participation. 

Health and Safety Code 361.425, Education Code 30.022(h-1) 

Pools

Generally

An owner, manager, operator, or other attendant in charge of a public swimming pool, wading pool, baby pool, hot tub, in-ground spa, spray fountain, or other artificial body of water typically used for recreational swimming, bathing, or play shall comply with relevant pool safety standards necessary to prevent drowning adopted by the executive commissioner of the Health and Human Services Commission.  Health and Safety Code 341.0645; 25 TAC 265.181–.208

Drains 

Each public pool and spa shall comply with the drain cover standards found at 15 U.S.C. Section 8003. “Public pool and spa’’ means a swimming pool or spa that is open to the public generally, whether for a fee or free of charge.  15 U.S.C.8003

Adopted:          3/7/80
Amended:        1/29/93, 11/19/93, 3/25/94, 1/24/97, 1/25/08, 4/6/18
Reviewed:        1/24/02

PROGRAM REQUIRED

The School, as a State agency, shall be required to actively manage risks by developing, implementing, and maintaining health and safety programs designed to assist employees who sustain compensable injuries to return to work.

Texas Labor Code, Title 5, Subtitle A, Chapter 412, Section 412.051

RETURN TO WORK PROCEDURE

The School shall develop a procedure to implement the return to work program. The procedure will include provisions to:

  1. obtain medical information sufficient to determine an employee's work capabilities and limitations following an injury;
  2. place an employee recovering from an injury, or illness, in a temporary modified duty assignment which meets his/her medical restrictions, if possible; and
  3. maintain regular contact with employees who cannot return to work in a modified capacity.

The procedure will establish the conditions and restrictions under which modified duty assignments are made, and will establish consequences for refusal of modified duty assignments which meet the employee's medical restrictions identified from the worker’s compensation injury.

See Policy DEC and Procedure A.2.3.10 for return to work requirements and FMLA leave steps and return to work requirements.

Adopted:         3/22/96

Amended:       11/19/99, 5/31/19

Reviewed:       1/31/03

PROGRAM REQUIRED

TSBVI shall actively manage risks by developing, implementing, and maintaining a risk management program.

Texas Labor Code, Title 5, Subtitle A, Chapter 412

DEFINITION OF RISK MANAGEMENT

Risk management is the process of planning, organizing, directing and controlling TSBVI's resources to minimize the possibility of loss, or injury, from various causes of loss.

GOAL OF RISK MANAGEMENT

During the course of conducting business at TSBVI, the long-term risk management goal is to minimize harm to physical, human, fiscal and environmental resources of the School, and to minimize the total cost of risk to TSBVI. In order to accomplish this long term goal, the School shall attempt to identify all significant known perils and risks to which the agency may be exposed; avoid unnecessary, or unreasonable, exposures to the extent practicable; take all reasonable and practical steps to prevent harmful events and losses; and initiate reasonable and appropriate loss control techniques to control the frequency and severity of those losses that are unavoidable.

RISK MANAGEMENT DUTIES

The Human Resources Department shall handle Workers' Compensation claims. The Business Office shall handle property losses. Other risk exposures will be handled through the School's Internal Auditor and through the Safety Committee that represents departments across the campus.

INSURANCE REPORTING REQUIREMENTS

The School shall actively manage its risks by:

1. developing, implementing, and maintaining programs designed to assist employees who sustain compensable injuries to return to work; and

2. cooperating with the State Office of Risk Management and the Texas Department of Insurance in the purchase of property, casualty, and liability lines of insurance coverage.

If the School intends to purchase property, casualty, or liability insurance coverage in a manner other than through the services provided by the State Office of Risk Management, it shall report the intended purchase to the Office in the manner prescribed by the Office. The School shall report the intended purchase not later than the 30th day before the date on which the purchase of the coverage is scheduled to occur.

Texas Labor Code, Title 5, Subtitle A, Section 412.051

ANNUAL REPORT

The School shall report to the Office of Risk Management for each fiscal year:

  1. the location, timing, frequency, severity, and aggregate amounts of losses by category of risk, including open and closed claims and final judgments;
  2. loss information obtained by the School in the course of its administration of the workers' compensation program;
  3. detailed information on existing and potential exposure to loss, including property location and values, descriptions of agency operations, and estimates of maximum probable and maximum possible losses by category of risk;
  4. estimates by category of risk of losses incurred but not reported;
  5. information the Office of Risk Management determines necessary to prepare a Texas Workers' Compensation Unit Statistical Report; and
  6. additional information that the Office of Risk Management determines to be necessary.

The information shall be reported not later than the 60th day before the last day of each fiscal year.

Texas Labor Code, Title 5, Subtitle A, Section 412.053

Adopted: 3/22/96

Amended: 3/26/04

Reviewed:

TRAUMATIC INJURY RESPONSE PROTOCOL

TSBVI shall develop and annually make available a protocol for employees and volunteers to follow in the event of a traumatic injury.  The protocol must require:

  1. TSBVI to maintain and make available to employees and volunteers bleeding control stations, as described below, for use in the event of a traumatic injury involving blood loss;
  2. Ensure that bleeding control stations are stored in easily accessible areas of the campus that are selected by the School's school safety and security committee;
  3. Require that TEA-approved training on the use of a bleeding control station in the event of an injury to another person be provided to:
    1. School security personnel employed under that section who provides security services at the campus;
    2. All other TSBVI personnel who may be reasonably expected to use a bleeding control station; and
  4. Require TSBVI to annually offer instruction on the use of a bleeding control station from School personnel who have received the training described above to students enrolled at the campus in grade seven or higher.

Bleeding Control Stations:  Location and Contents

TSBVI’s school safety and security committee may select areas of the campus where automated external defibrillators are stored to be the same locations for bleeding control stations. 

A bleeding control station must contain all of the following required supplies in quantities determined appropriate by the Superintendent:

  1. Tourniquets approved for use in battlefield trauma care by the armed forces of the United States;
  2. Chest seals;
  3. Compression bandages;
  4. Bleeding control bandages;
  5. Space emergency blankets;
  6. Latex-free gloves;
  7. Markers;
  8. Scissors; and
  9. Instructional documents developed by the American College of Surgeons or the United States Department of Homeland Security detailing methods to prevent blood loss following a traumatic event.

TSBVI may also include in a bleeding control station any medical material or equipment that:

  1. May be readily stored in a bleeding control station;
  2. May be used to adequately treat an injury involving traumatic blood loss; and
  3. Is approved by local law enforcement or emergency medical services personnel.

Immunity

The good faith use of a bleeding control station by a School employee to control the bleeding of an injured person is incident to or within the scope of the duties of the employee's position of employment and involves the exercise of judgment or discretion on the part of the employee for purposes of Education Code 22.0511, and TSBVI and School employees are immune from civil liability, as provided by that section, from damages or injuries resulting from that good faith use of a bleeding control station.  A School volunteer is immune from civil liability from damages or injuries resulting from the good faith use of a bleeding control station to the same extent as a professional employee of the School, as provided by Education Code 22.053.

Education Code 38.030

AUTOMATED EXTERNAL DEFIBRILLATORS (AEDS)

Availability

Campus Athletic Practice

TSBVI shall make available at least one automated external defibrillator, as defined by Health and Safety Code 779.001.  A campus defibrillator must be readily available during any athletic competition held on campus.  In determining the location at which to store a campus defibrillator, the principal shall consider the primary location on campus where students engage in athletic activities.

TSBVI provides and maintains AEDs in the gym and all main buildings in addition to the Health Center’s emergency bag for responding to emergency calls on #444 and follows the American Heart Association’s recommended “Chain of Survival” procedures and training. 

Athletic Competition

TSBVI shall determine the extent to which a defibrillator must be available at each UIL athletic competition held at a location other than at TSBVI.  The determination must be based, in addition to any other appropriate considerations, on relevant medical information and whether emergency services personnel are present at the athletic competition under a contract with TSBVI.

Trained Staff

TSBVI shall ensure the presence at each location at which a defibrillator is required above of at least one TSBVI employee trained in the proper use of the defibrillator at any time a substantial number of students are present at the location. 

Use and Maintenance

TSBVI shall ensure that an automated external defibrillator is used and maintained in accordance with standards established under Health and Safety Code Chapter 779.

Education Code 38.017

Instruction

TSBVI shall annually make available to School employees and volunteers instruction in the principles and techniques of cardiopulmonary resuscitation and the use of an automated external defibrillator, as defined by Health and Safety Code 779.001.  The instruction must meet the guidelines approved under Health and Safety Code 779.002.

Each school nurse, assistant school nurse, athletic coach or sponsor, physical education instructor, band director, cheerleading coach, and any other school employee specified by the Commissioner and each student who serves as an athletic trainer must participate and must receive and maintain certification in the use of an automated external defibrillator from the American Heart Association, the American Red Cross, or a similar nationally recognized association.

Education Code 22.902

[See CH  for information regarding purchase and lease of automated external defibrillators]

Response to Cardiac Arrest

TSBVI shall develop safety procedures for employees or students to follow in responding to a medical emergency involving cardiac arrest, including the appropriate response time in administering cardiopulmonary resuscitation, using an automated external defibrillator, as defined by Health and

Safety code 779.001, or calling a local emergency medical services provider.  Education Code 38.018 

Adopted:                     3/7/80

Amended:                   7/17/87, 11/19/93 3/21/03, 4/6/18, 1/31/20

Reviewed:                   1/24/97

NOTICE OF BOMB THREAT OR TERRORISTIC THREAT

When TSBVI receives a bomb threat or terroristic threat it shall provide notification of the threat as soon as possible to the parent or guardian of or other person standing in parental relation to each student who is assigned to the campus or who regularly uses the facility.  Education Code 37.113

EMERGENCY OPERATIONS PLAN

TSBVI shall adopt and implement a multi-hazard emergency operations plan.  The plan must address prevention, mitigation, preparedness, response, and recovery as defined by the Texas School Safety Center (TxSSC) in conjunction with the governor’s office of homeland security and the commissioner.  The plan must provide for:

  1. TSBVI employee training (including substitute teachers) in responding to an emergency;
  2. Measures to ensure TSBVI employees, including substitute teachers, have classroom access to a telephone, including a cellular telephone, or another electronic communication device allowing for immediate contact with TSBVI emergency services or emergency services agencies, law enforcement agencies, health departments, and fire departments;
  3. Measures to ensure TSBVI communications technology and infrastructure are adequate to allow for communication during an emergency;
  4. Mandatory school drills and exercises, including drills required under Education Code 37.114 (emergency evacuations), to prepare TSBVI students and employees for responding to an emergency;
  5. Measures to ensure coordination with the Texas Department of State Health Services (TDSHS) and local emergency management agencies, law enforcement, health departments, and fire departments in the event of an emergency; and
  6. The implementation of a required safety and security audit. [See CK]

Education Code 37.108(a)

TSBVI shall include in its multi-hazard emergency operations plan:

  1. A chain of command that designates the individual responsible for making final decisions during a disaster or emergency situation and identifies other individuals responsible for making those decisions if the designated person is unavailable;
  2. Provisions that address physical and psychological safety for responding to a natural disaster, active shooter, and any other dangerous scenario identified for purposes of these provisions by the Texas Education Agency (TEA) or TxSSC;
  3. Provisions for ensuring that students and School personnel with disabilities are provided equal access to safety during a disaster or emergency situation;
  4. Provisions for providing immediate notification to parents, guardians, and other persons standing in parental relation in circumstances involving a significant threat to the health or safety of students, including identification of the individual with responsibility for overseeing the notification;
  5. Provisions for supporting the psychological safety of students, School personnel, and the community during the response and recovery phase following a disaster or emergency situation that:
    1. Are aligned with best practice-based programs and research-based practices recommended under Health and Safety Code 161.325;
    2. Include strategies for ensuring any required professional development training for suicide prevention and grief-informed and trauma-informed care is provided to appropriate school personnel;
    3. Include training on integrating psychological safety and suicide prevention strategies into the School’s plan, such as psychological first aid for schools training, from an approved list of recommended training established by the commissioner and TxSSC for:
      • Members of the TSBVI’s school safety and security committee [see CK];
      • School counselors and mental health professionals; and
      • Educators and other TSBVI personnel as determined by the School;
    4. Include strategies and procedures for integrating and supporting physical and psychological safety that align with the provisions described by item 2, above; and
    5. Implement trauma-informed policies;
  6. A policy for providing a substitute teacher access to school campus buildings and materials necessary for substitute teachers to carry out their duties during an emergency or a mandatory emergency drill; and
  7. The name of each individual on the school safety and security committee and the date of each committee meeting during the preceding year. [See CK]

Education Code 37.108(f)

Active Shooter Emergency

TSBVI shall include in its multi-hazard emergency operations plan a policy for responding to an active shooter emergency.  The School may use any available community resources in developing the policy.  Education Code 37.108(g)

Disclosure

A document relating to a school multi-hazard emergency operations plan is subject to disclosure under Government Code Chapter 552 if the document enables a person to:

  1. Verify that TSBVI has established a plan and determine the agencies involved in the development of the plan and the agencies coordinating with TSBVI to respond to an emergency, including TDSHS, local emergency services agencies, law enforcement agencies, health departments, and fire departments;
  2. Verify that TSBVI’s plan was reviewed within the last 12 months and determine the specific review dates;
  3. Verify that the plan addresses the four phases of emergency management listed at EMERGENCY OPERATIONS PLAN;
  4. Verify that TSBVI employees have been trained to respond to an emergency and determine the types of training, the number of employees trained, and the person conducting the training;
  5. Verify that TSBVI has conducted mandatory emergency drills and exercises in accordance with the plan and determine the frequency of the drills;
  6. Verify that TSBVI has established a plan for responding to a train derailment if required;
  7. Verify that TSBVI has completed a safety and security audit and determine the date the audit was conducted, the person conducting the audit, and the date TSBVI presented the results of the audit to the board;
  8. Verify that TSBVI has addressed any recommendations by the board for improvement of the plan and determine the School’s progress within the last 12 months; and
  9. Verify that TSBVI has established a visitor policy and identify the provisions governing access to School buildings or other TSBVI property.

Education Code 37.108 (c-2)

[See GRC for emergency management training requirements and response to requests from other governmental entities for mutual aid]

PLAN REVIEW

TSBVI shall submit its multi-hazard emergency operations plan to the TxSSC on request and in accordance with the TxSSC review cycle developed under Education Code 37.2071(a).

Any document or information collected, developed, or produced during the review and verification of multi-hazard emergency operations plans is not subject to disclosure under the Public Information Act (Government Code Chapter 552).

Notice of Noncompliance

Plan Deficiencies

The TxSSC shall review each district's multi-hazard emergency operations plan and verify the plan meets the requirements or provide TSBVI with written notice describing the plan's deficiencies and stating that the School must correct the deficiencies in its plan and resubmit the revised plan to the TxSSC.

The TxSSC may approve TSBVI’s multi-hazard emergency operations plan that has deficiencies if the School submits a revised plan that the center determines will correct the deficiencies.

Public Hearing on Noncompliance

If the Board receives notice of noncompliance under Education Code 37.207(e) [see CK] or 37.2071(g) the Board shall hold a public hearing to notify the public of:

  1. The School's failure to submit or correct deficiencies in a multi-hazard emergency operations plan or report the results of a safety and security audit to the TxSSC as required by law;
  2. The dates during which TSBVI has not been in compliance; and
  3. The names of each member of the Board and the Superintendent serving in that capacity during the dates of noncompliance. The School shall provide this information in writing to each person at the hearing.

The Board shall give members of the public a reasonable opportunity to appear before the Board and to speak on the issue of the School’s failure to submit or correct deficiencies in a multi-hazard emergency operations plan or report the results of a safety and security audit during a hearing held under this provision.  If TSBVI is required to hold a public hearing, it shall provide written confirmation to the TxSSC that the School held the hearing.

Education Code 37.1081

Adopted:                     3/7/80

Amended:                   3/12/82, 11/17/95, 11/18/05, 1/23/09, 6/4/14, 4/6/18, 1/31/20

Review:                       11/6/98, 3/21/03

EYE-PROTECTIVE DEVICES 

Required Devices

Each teacher and student shall wear industrial-quality eye-protective devices in appropriate situations as determined by CKB (TSBVI) policy.  Education Code 38.005

Recommended Guidelines

For selection and use of face and eye protection in public schools, the Texas Department of State Health Services (TDSHS) recommends the guidelines entitled “Eye and Face Protection,” available at 29 C.F.R. 1910.133. 

For hazard assessment and face and eye protective equipment selection in public schools TDSHS recommends the guidelines entitled, “Non-mandatory Compliance Guidelines for Hazard Assessment and Personal Protective Equipment Selection,” available at 29 C.F.R. 1910, subpart I, appendix B.

Application 

The guidelines are applicable to all staff members, students, and visitors within Texas public schools participating in educational activities and programs that involve:

  1. The use of hazardous chemicals 
  2. The use of hot liquids or solids
  3. The use of molten materials
  4. Performing grinding, chipping, or other hazardous activities where there is a danger of flying particles;
  5. Milling, sawing, turning, shaping, cutting, or stamping of any solid materials 
  6. Heat treatment, tempering, or kiln firing of any clay, metal or other materials;
  7. Cutting, welding, or brazing operations;
  8. The use of hazardous radiation, including the use of infrared and ultraviolet light or lasers; 
  9. Repair or servicing of any vehicle; or 
  10. Any process or activity in a vocational, art, industrial arts or science course of laboratory that might have a tendency to cause damage to the eyes.

Adopted:         3/7/80
Amended:       11/19/93, 3/25/94, 11/15/96, 4/6/18
Reviewed:       3/21/03

ASBESTOS HAZARD EMERGENCY RESPONSE ACT (AHERA)

Working with the Texas Facilities Commission (TFC) under the Asbestos Hazard Emergency Response Act (AHERA), TSBVI shall identify asbestos-containing materials and implement an appropriate management plan in a timely manner.  40 CFR 763.80

Duties

The School shall ensure that:

  1. All persons who perform inspections, reinspections, and periodic surveillance, who develop and update management plans, and who develop and implement response actions comply with federal and state law.
  2. All custodial and maintenance employees are properly trained as required by law.
  3. Workers and building occupants, or their legal guardians, are informed annually about inspections, response actions, and post-response action activities.
  4. Short-term workers who may come in contact with asbestos in the School are informed of the locations of "asbestos-containing building material" (ACBM) and suspected ACBM assumed to be "asbestos-containing material" (ACM).
  5. Warning labels are posted in accordance with 40 CFR 736.95 (see WARNING LABELS, below).
  6. Management plans are available for inspection, and notice of their availability has been provided as specified in the management plan under CFR 763.93(g).
  7. An asbestos coordinator, trained in accordance with 40 CFR 763.84(g) is designated to ensure that legal requirements are met.
  8. Any conflict of interest that may arise among accredited asbestos personnel is considered, especially when selecting accredited personnel.

40 CFR 763.84

Management Plan

An asbestos management plan shall be developed for the School and submitted to the Texas Department of State Health Services (TDSHS) for approval.  This plan shall be developed by an accredited management planner who may be required to sign a statement that the plan is in compliance with federal asbestos regulations.  The plan shall include:

  1. A list of the name and address of each school building and whether it contains friable ACBM, nonfriable ACBM, and friable and nonfriable suspected ACBM assumed to be ACM.
  2. Specific information about inspections before December 14, 1987.
  3. Specific information about required inspections and reinspections.
  4. The name, address, and telephone number of the designated asbestos coordinator and details of his or her required training.  The plan must also contain a true and correct statement signed by the coordinator certifying that the general school responsibilities have been met.
  5. The written recommendations on response actions from the School's accredited asbestos management planner(s), including the name, signature, state of accreditation, and accreditation number, if applicable, of each planner.
  6. A detailed description of preventive measures and response actions to be taken.
  7. In regard to asbestos inspectors and persons who design or carry out response actions, a statement that the School uses or will use person(s) who have been accredited by an Environmental Protection Agency (EPA)-approved course and licensed by TDSHS.
  8. A detailed description of any material described in item 1 of this list that remains after the response actions are taken.  The description shall be updated when response actions are completed.
  9. A reinspection plan for operations and maintenance activities, a plan for periodic surveillance, a description of the management planner's recommendation regarding additional cleaning, and the School's response.
  10. A description of steps taken to inform workers and building occupants or their legal guardians about inspections, reinspections, response actions, post-response action activities, and the availability of management plans.
  11. An evaluation of resources needed to complete the response actions successfully and carry out reinspection, operations and maintenance activities, periodic surveillance, and training.
  12. The name of each consultant contributing to the plan and a statement that the consultant is accredited under another state's accreditation plan or accredited by an EPA-approved course.

Plan Availability

A copy of the plan submitted to TDSHS shall be kept in the School's administrative office and be available for inspection by EPA, the state, and the public, including teachers, school personnel, employee representatives, and parents.

Updated management plans for each school shall also be available for inspection during normal business hours in the School’s administrative office.  The School’s plan shall be made available for inspection within at least ten working days after a request is received.

Notice

Annually, the School shall notify in writing parent, teacher, and employee organizations of the availability of the management plan.

40 CFR 763.93; Occupations Code 1954.101

Inspections

Each building leased, owned, or used as a school building shall be inspected to determine the locations of friable and nonfriable ACBM.  At least once every three years after a management plan is in effect, the School shall conduct reinspections.  Inspectors shall collect samples of suspected ACBM material for analysis.  The inspector shall provide a written assessment of all friable known or assumed ACBM in the school building for each inspection or reinspection.  The assessment shall meet all legal requirements and shall be signed and dated, with the inspector's accreditation information.  A copy shall be sent to the coordinator for inclusion in the management plan within 30 days.  40 CFR 763.85,.88

Periodic Surveillance

At least once every six months after the management plan is in effect, the School through its agent, the Texas Facilities Commission, shall conduct and document periodic surveillance on any school building containing ACBM or assumed to contain ACBM.   A record of this surveillance shall be submitted to the coordinator for inclusion in the management plan.  40 CFR 763.92(b)

Response Actions

The School through its agent, TFC, shall select and implement, consistent with the assessment, the least burdensome method of appropriate response actions from those that protect human health and the environment.  40 CFR 763.90

Asbestos-Related Activity

An "asbestos-related activity" means the removal, encapsulation, or enclosure of asbestos; the performance of asbestos surveys; the development of management plans or response actions; the collection or analysis of asbestos samples; sponsorship of training courses necessary for asbestos licensure or registration; the transportation of ACMs from any facility for purposes of disposal; and any other activity required to be licensed under the Texas Asbestos Health Protection Act.  Occupations Code 1954.002, .101

An asbestos-related activity shall be performed by a person (an individual, organization, or other legal entity recognized by law as the subject of rights and duties) licensed by the Texas Department of State Health Services (TDSHS).  TDSHS shall be notified not less than ten working days before an asbestos-related activity is initiated by TFC.  Texas Asbestos Health Protection Act (TAHPA), Texas Occupations Code Chapter 1954.252, .101; 25 TAC 295.61

RECORDS

TFC (licensed to perform asbestos-related activities) shall keep appropriate records of each activity it performs in public buildings and shall make the record(s) available to the TDSHS at any reasonable time.  It shall also keep a copy of any violations issued against the School by the EPA or Texas Department of State Health Services.  Records shall be maintained for at least 30 years, or as long as required by federal law or regulation.  Occupations Code 1954.251; 25 TAC 295.58(d)

For each area where all ACBM has been removed, the required records shall be maintained for at least three years after each required reinspection or its equivalent in the central administration office. 40 CFR 763.94

Warning Labels

A warning label shall be attached adjacent to any friable and nonfriable ACBM and suspected ACBM assumed to be ACM located in routine maintenance areas at each school building.  The warning label shall read, in print which is readily visible because of large size or bright color, as follows:  CAUTION:  ASBESTOS.  HAZARDOUS.  DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT.  All labels shall be prominently displayed in readily visible locations and shall remain posted until the ACBM that is labeled is removed.  40 CFR 763.95

OPERATIONS/MAINTENANCE TRAINING

Members of the maintenance and custodial staff in buildings containing ACBM shall receive required training from TFC, including at least two hours of awareness training and an additional 14 hours of required training if their work activities may result in the incidental disturbance of ACBM.  40 CFR 763.92

Adopted:          1/29/93

Amended:        11/19/93, 11/15/96, 3/21/03, 3/26/04, 6/1/18

Reviewed: