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SAFETY AND SECURITY COMMITTEE

In accordance with guidelines established by the Texas School Safety Center (TxSSC), TSBVI shall establish a school safety and security committee. The committee shall:

  1. Participate on behalf of the School in developing and implementing emergency plans consistent with TSBVI’s multi-hazard emergency operations plan to ensure that the plans reflect specific campus, facility, or support services needs; 
  2. Provide the School with any campus, facility, or support services information required in connection with a safety and security audit, a safety and security audit report, or another report required to be submitted by TSBVI to the TxSSC; and
  3. Review each report required to be submitted by TSBVI to the TxSSC to ensure that the report contains accurate and complete information regarding each campus, facility, or support service in accordance with criteria established by the center.

Education Code 37.109

SAFETY AND SECURITY AUDIT

At least once every three years, TSBVI shall conduct a safety and security audit of the School’s facilities. To the extent possible, TSBVI shall follow safety and security audit procedures developed by the TxSSC or a comparable public or private entity. TSBVI shall report the results of the safety and security audit to the Board and, in the manner required by the TxSSC, to the TxSSC.  Education Code 37.108(b)-(c)

DISCLOSURE 

Except as provided by Education Code 37.108(c-2) regarding certain emergency operations plans [see CKC], any document or information collected, developed, or produced during a safety and security audit is not subject to disclosure under Government Code Chapter 552.  Education Code 37.108(c-1) 

AGREEMENTS 

If TSBVI enters into a memorandum of understanding or mutual aid agreement addressing issues that affect school safety and security shall, at the TxSSC’s request, provide the following information to the TxSSC:

  1. The name of each entity with which TSBVI has entered into a memorandum of understanding or mutual aid agreement; 
  2. The effective date of each memorandum or agreement; and
  3. A summary of each memorandum or agreement.

Education Code 37.2121

Adopted:         3/7/80
Amended:       5/8/81, 11/19/93, 11/15/96, 4/6/18
Reviewed:       3/31/03

PAYMENT DUE

A payment owed by the School based on a contract executed on, or after, September 1, 1987 is overdue on the 31st day after the date on which the School received the goods under the contract, or the date on which the performance of services under the contract was completed, or the date on which the School received the invoice for the goods, or services, whichever is later.

Gov't Code 2251.021

INTEREST

A payment begins to accrue interest on the date the payment is overdue and bears interest at the rate in effect on September 1 of the fiscal year in which the payment becomes overdue. The rate in effect on September 1 is equal to the sum of:

  1. one percent; and
  2. the prime rate as published in the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday.

Interest stops accruing on the distribution date of the warrant issued by the State Comptroller to pay the principal amount owed by the School. The unpaid balance of a partial payment made within the prescribed period accrues interest, unless the balance is in dispute.

Gov't Code 2251.025, 2251.029

The School is liable for any interest that accrues on an overdue payment under Government Code Chapter 2251 and shall pay the interest from funds appropriated or otherwise available to the agency at the same time the principal is paid.

The comptroller shall determine the amount of interest that accrues on an overdue payment by the School under Government Code Chapter 2251 if the comptroller is responsible for issuing a warrant or initiating an electronic funds transfer to pay the principal amount on behalf of the School.

Gov't Code 2251.026(a), (c)

The School may not use funds received from federal grants to pay interest or penalties for an overdue payment to a vendor who provided goods or services purchased with federal grant funds.

2 CFR 200.320

DISPUTED PAYMENT

The School shall notify a vendor of an error in an invoice submitted for payment by the vendor not later than the 21st day after the date the School receives the invoice. If a dispute is resolved in favor of the vendor, the vendor shall receive interest on the unpaid balance beginning on the date that the payment for the invoice is overdue. If a dispute is resolved in favor of the School, the vendor shall submit a corrected invoice that shall be paid within 30 days of receipt. The unpaid balance accrues interest if it is not paid by the appropriate date.

Gov't Code 2251.042

EARLY PAYMENT DISCOUNT

The School shall attempt to take advantage of an offer for an early payment discount, but may not take an early payment discount unless it makes a full payment within the discount period. If the School takes an early payment discount later, the unpaid balance accrues interest beginning on the date the discount offer expires.

When paying for the goods or service purchased under an agreement that includes a prompt or early payment discount, the School shall submit the necessary payment documents or information to the comptroller sufficiently in advance of the prompt or early payment deadline to allow the comptroller or the School to pay the vendor in time to obtain the discount.

Gov't Code 2251.030

EXCEPTIONS

These provisions do not apply to payments made by the School, or a vendor, if:

  1. There is a bona fide dispute between the School and a vendor, contractor, subcontractor, or supplier concerning the goods delivered, or the services performed that causes the payment to be late;
  2. There is a bona fide dispute between a vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered, or the services performed, that causes the payment to be late;
  3. The terms of a federal contract, grant, regulation, or statute prevent the School from making a timely payment with federal funds; or
  4. The invoice is not mailed to the person to whom it is addressed in strict accordance with any instructions on the purchase order relating to the payment.

Gov't Code 2251.002;

ALTERNATE VENDOR REMEDY FOR NONPAYMENT OF CONTRACT

A vendor may suspend performance required under a contract with a school district if the district does not pay the vendor an undisputed amount within the time limits provided above and the vendor gives the school district written notice informing the district that payment has not been received and stating the intent of the vendor to suspend performance for nonpayment.

The vendor may not suspend performance before the tenth day after the date the vendor gives this notice.

A vendor who suspends performance is not required to supply further labor, services, or materials until the vendor is paid the amount provided for under Government Code Section 2251, plus costs for demobilization and remobilization. The vendor is also not responsible for damages resulting from suspending work if the governmental entity with which the vendor has the contract has not notified the vendor in writing before performance is suspended that payment has been made or that a bona fide dispute for payment exists.

A notification under Government Code 2251.051(c)(2) that a bona fide dispute for payment exists must include a list of the specific reasons for nonpayment. If a reason specified is that labor, services, or materials provided by the vendor or the vendor's subcontractor are not provided in compliance with the contract, the vendor is entitled to a reasonable opportunity to cure the noncompliance of the listed items; or offer a reasonable amount to compensate for listed items for which noncompliance cannot be promptly cured.

Gov't Code Sec. 2251.051

Adopted:          11/17/95

Amended:        5/28/03, 11/19/04, 1/29/16

Reviewed:        11/16/07

 

ESTABLISHING AND MAINTAINING PETTY CASH FUNDS

General Revenue Fund

The Superintendent may establish a petty cash account from funds appropriated in the General Appropriations Act in an amount of money not to exceed $1,000 to be held outside the State Treasury to be used for the purposes specified in Government Code, Sections 403.241–403.252. 

Legacy Fund

The Superintendent may establish a petty cash account from the TSBVI Legacy Fund. The monetary limits in Government Code, Section 403.246, apply to all state agencies except as noted in Section 403.252. Under Section 403.252, the petty cash statutes do not apply to State agency funds located outside the State Treasury.  A state agency may establish a petty cash account in a federally insured financial institution.  Gov’t Code Sec. 403.247 (a)

 PURPOSE OF PETTY CASH FUNDS

General Revenue Fund

Petty cash funds may be established for:

  1. making change of currency;
  2. advancing travel expense money to state officers and employees;
  3. making small disbursements for which formal expenditure procedures are not cost-effective or
  4. any similar purpose or combination of purposes a state agency considers prudent for conducting state business.

Gov’t Code Sec. 403.244

Legacy Fund

Petty cash funds may be used for expenditures as outlined in TSBVI Policy CDCA and approved by the Board in the Legacy Annual Operating Budget.

PROCEDURES

The Superintendent shall ensure that procedures are developed to implement this policy.

Adopted:         5/21/98

Amended:       3/21/03, 6/1/18

Reviewed:

COMPTROLLER OF PUBLIC ACCOUNTS RESPONSIBILITY

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

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

GENERAL PURCHASING AUTHORITY

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

PURCHASING GOODS AND SERVICES

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

PROCEDURES REQUIRED

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

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

HISTORICALLY UNDERUTILIZED BUSINESSES

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

Gov't Code 2161.181

ETHICAL STANDARDs

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

A TSBVI employee may not:

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

For purposes of 1 through 4, above:

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

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

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

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

1 TAC 111.4

ADMINISTRATOR RESPONSIBILITY

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

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

EXEMPTION OF GOODS OR SERVICES OF BLIND OR VISUALLY IMPAIRED PERSONS

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

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

Government Code 2155.138

AUTOMATED INFORMATION SYSTEM PURCHASES

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

Gov't Code Section 2157.061

PURCHASES OF GOODS AND SERVICES WITH FEDERAL GRANTS

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

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

2 CFR 200.320(f)

Adopted:         11/13/81

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

Reviewed:       6/3/15

AUTHORITY

The Superintendent is authorized, but not required, to enter into bonding agreements with an insurance company authorized to do business in Texas for a surety bond only if:

  1. required by the constitution of the state or by federal law or regulation;
  2. required by court order; or
  3. approved by the State Office of Risk Management.

State Employee Bonding Act; Tx. Gov't. Code 653.004(a)

SCOPE AND LIMIT

Unless the amount of bond coverage is established as provided by 1 or 2 above, the State Office of Risk Management shall determine the necessary scope and amount of bond coverage for the School.

APPLICABLE LAW

In the event the School purchases a surety bond, the provisions of Texas Government Code Chapter 653 shall apply to all terms and conditions of the bond.

Adopted: 1/11/80

Amended: 3/12/82, 1/14/83, 3/27/92, 3/25/94, 1/23/98, 3/21/03

Reviewed:

RESPONSIBILITY

The Superintendent shall ensure that procedures are implemented to ensure that all cash, checks, money orders, and other negotiable instruments received for School purposes are safeguarded and appropriately accounted for.

Adopted: 3/7/80
Amended: 3/25/94
Reviewed: 3/21/03

CFG - 1 of 1

The School shall make the following periodic deductions from its employees' salaries, or wages, or shall reduce its employees' salaries, or wages, in accordance with state law, or salary reduction agreements executed between the School and its employees:

INCOME TAX

1. The amount of income tax required to be withheld by federal law. 26 U.S.C. 3401-3402

SOCIAL SECURITY

2. The amount of social security tax required by federal law. 26 U.S.C. 3101-3102, 3121(b)(7); 26 CFR 31.3121(b) (7)-2

MEDICARE TAX

3. The amount of Medicare tax required by law. 26 U.S.C. 3121(u)

EMPLOYEES RETIREMENT SYSTEM

4. Contributions to the Employees Retirement System of Texas as required by law.

Gov't Code 811 to 815; Article XVI, Section 67, Texas Constitution.

INSURANCE

5. Contributions for participation in approved insurance programs. Insurance Code 3.50 et seq.

DEFERRED COMPENSATION

6. Amounts designated by employees for participation in approved deferred compensation or annuity programs. Art. 6228a-5, V.A.T.S.; Gov't Code, Ch. 609

PREPAID HIGHER EDUCATION TUITION PROGRAM

7. Amounts designated by employees to prepay the tuition and required fees for a beneficiary to attend an institution of higher education (the Texas Tomorrow Fund). Education Code 54.626

CREDIT UNION PAYMENT DEDUCTION

8. A School employee may authorize up to three monthly deductions from the employee's salary, or wages, to make payments to participating credit unions. Only one payment per employee will be made to a specific credit union. An employee wishing to participate must complete an authorization form and submit the form to his/her participating credit union. An administrative fee to cover the costs incurred may be charged and deducted from the employee's salary or wages. The first deduction to pay a credit union may be made from the salary or wages paid on the first workday of the second month following the month in which the comptroller receives the properly completed authorization form. Texas Gov't Code 659.103

CHARITABLE ORGANIZATION CONTRIBUTIONS DEDUCTION

9. Employees may authorize payroll deductions for certain eligible charitable organizations. The legislation requires an annual charitable campaign to be held each fall. A group of committees appointed by the Governor, Lieutenant Governor and Comptroller will determine which charities are eligible to participate in the fall campaign and will provide literature and enrollment forms to employees. Each employee will be able to designate one or more local charities to receive a contribution. Local charities will be limited to no more than fifty organizations. In addition, there will be approximately eight statewide charities that an employee may designate. The Comptroller may charge the charitable organizations an administrative fee to cover the costs of the deduction. Texas Gov't. Code 659.132

STATE EMPLOYEE ORGANIZATION MEMBERSHIP FEES

10. A School employee may authorize in writing one or more monthly deductions from the employee's salary or wages to pay membership fees to eligible organizations. The deduction must be calculated so that the total membership fee paid per year is spread evenly over 12 monthly deductions.

Eligible organizations are certified by the State Comptroller. Eligible organizations must have a membership of at least 4,000 state employees throughout the 18 months preceding the month in which the comptroller receives the organization's request for certification and must be a statewide organization. 34TAC 5.46

The State Comptroller may charge the eligible organization an administrative charge to cover costs.

CHILD SUPPORT PAYMENTS

11. The amount specified in a court order issued under Family Code 158 for child support payments. The amount withheld shall be remitted to the person or office named in the order on each regular due date or pay date. Family Code Chapter 158

FEDERAL EDUCATION LOANS

12. The amount directed in a withholding order issued by the Texas Guaranteed Student Loan Corporation or any other guaranty agency for federal education loans to recover delinquent federal education loan payments. The amount withheld shall be paid to the Texas Guaranteed Student Loan Corporation or the guaranty agency or its agent issuing the order. 20 U.S.C. 1095(a) (6)

BANKRUPTCY LEVIES

13. The School shall withhold from the wages, and salaries, of an employee such amounts as ordered by the United States Bankruptcy Court. 11 U.S.C. 1325(b)

IRS LEVIES

14. The School shall withhold from wages, and salaries, of an employee such amounts as ordered by the Internal Revenue Service. Internal Revenue Code Section 6331.

ASSIGNMENTS

15. The amount authorized by any employee who has made a valid assignment, transfer, or pledge of his salary or wages as security for indebtedness. Education Code 22.022; Atty. Gen. Op. No. 0-3474 (1941)

Adopted: 3/7/80
Amended: 3/12/82, 10/25/85, 11/12/87, 11/19/93, 8/26/94, 5/23/97, 9/26/97, 3/26/02, 1/29/16
Reviewed: 9/29/95, 9/24/99, 11/19/04

CFEA - 4 of 4

Adopted: 3/7/80
Amended: 8/26/94, 5/23/97, 3/26/02
Reviewed: 

PAY DAY

All regular TSBVI employees shall be paid on the first working day of the month following the pay period.

"Working day" is defined as "... a day other than Saturday, Sunday, a national holiday, or a state holiday as listed in the Texas Gov't. Code, Chapter 662. A day does not cease to be a holiday because a state agency maintains, or is required to maintain, a minimum working staff on the holiday."

DIRECT DEPOSIT

All regular TSBVI employees whose positions are classified at or above Salary Schedule A, group 8 on the state employee classification system and all contract employees are required to receive salary payments by direct deposit unless an exemption is claimed. Participation in the direct deposit program is optional for all regular TSBVI employees classified below Salary Schedule A, group 8 on the salary classification schedule. Texas Gov't. Code 403.016

Adopted: 3/7/80
Amended: 8/26/94, 5/23/97, 3/26/02
Reviewed: 

CFE - 1 of 1

DEFINITION

As used in this policy, the term "Student Trust Fund" includes all moneys received by any School employee designated for use on behalf of a specific student.

PROCEDURES

The Superintendent shall establish procedures for the security, safeguard and management of the moneys in the Student Trust Fund.

Such procedures shall include the requirement that:

  1. all moneys received in accordance with this policy shall be deposited into the Student Trust Fund within a reasonable amount of time after receipt;
  2. that the withdrawal of all moneys in the Student Trust Fund be accounted for;
  3. that moneys withdrawn but not expended be adequately safeguarded;
  4. that the purpose for which the moneys were expended is adequately documented; and
  5. that an accounting record of all moneys deposited to and withdrawn from the Student Trust Fund, any money withdrawn but not expended and the purpose for which the moneys were expended be available for inspection by the student, parents and/or guardians upon request.

Adopted: 3/21/03
Amended:
Reviewed:

DEFINITION

As used in this policy, the term "school activity fund" includes moneys received by employees, students, student organizations and groups, parents and parent organizations, on behalf of:

  1. Student organizations, groups, or specific student activities;
  2. Parent groups affiliated with the School; or
  3. The TSBVI staff as a whole.

PROCEDURES

The Superintendent shall establish procedures for the security, safeguard and management of the moneys in the School activity fund.

Such procedures shall include the requirement that all moneys received in accordance with this policy shall be deposited into the School activity fund within a reasonable amount of time after receipt.

Adopted: 3/31/98
Amended: 5/21/98
Reviewed:  3/26/02

CFDA - 1 of 1