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REPORTS

School authorities, including the Superintendent, principal, teacher, school health official, or social worker, should report to the local health authority those students attending TSBVI who are suspected of having a notifiable condition, as defined by state law and the Texas Department of State Health Services (TDSHS).  25 TAC 97.2(d), 97.5(a); Health and Safety Code 81.041- .042

“School authority” means the Superintendent or designee.  Health and Safety Code 81.049 

School employees who have information that any student enrolled in the School has a notifiable condition, as set forth in 25 TAC 97.3, shall provide the information to the Health Center Director. If the Health Center Director believes that information reported by a school employee supports a report to the local health authority, the Director shall make the report.  If the Director of Health Services does not believe that the information supports a report to the local health authority, the Director shall so inform the employee.

Sexually Transmitted Disease

School authorities who are not medical directors are exempt from reporting AIDS, chancroid, Chlamydia trachomatis infection, gonorrhea, HIV infection, or syphilis to the local health authority or TDSHS regional director.  25 TAC 97.2(d)  [See FFG(TSBVI) regarding reports to the Department of Family and Protective Services]

Health professionals as defined by 25 Administrative Code 97.131(5) shall report cases and suspected cases of STD(s) in the manner described in 25 Administrative Code 97.133.  25 TAC 97.132(a)(1) 

Penalties

A person commits a Class B misdemeanor if the person knowingly fails to report a reportable disease or health condition under Health and Safety Code Chapter 81, Subchapter B.  Health and Safety Code 81.049

EXCLUSION

The Superintendent or principal shall exclude from attendance any student suffering from a communicable condition, as defined by the Texas Department of State Health Services, until the criteria for readmission are met.  25 TAC 97.7(a)

READMISSION

A student excluded for reason of communicable disease shall be readmitted by one or more of the following methods, as determined by the health authority:

  1. Submitting a release to school form from the attending physician, advanced practice nurse, or physician assistant attesting that the child does not currently have signs or symptoms of a communicable disease or to the disease’s non-communicability in a school setting;
  2. Submitting a permit for readmission issued by the local health authority; or
  3. After a period of time corresponding to the duration of the communicability of the disease, meeting readmission criteria as established by the commissioner of health.

25 TAC 97.7(b)-(c)

____________________________________________________________________________________

Note:  See TDSHS Communicable Disease Chart for Schools and Child-Care Centers at

https://www.dshs.texas.gov/idcu/health/schools_childcare/resouorces/

____________________________________________________________________________________

BACTERIAL MENINGITIS

TEA shall prescribe procedures by which TSBVI shall provide information relating to bacterial meningitis to its students and their parents each school year.  The procedures must ensure that the information is reasonably likely to come to the attention of the parents of each student.  The agency shall prescribe the form and content of the information.

The School shall provide information about bacterial meningitis to its students and their parents in the Parent Student Handbook, which is also available on the TSBVI website.

Education Code 38.0025

Adopted:         1/11/80

Amended:       6/29/84, 1/14/88, 11/17/95, 5/28/03, 1/22/10, 8/9/18

Reviewed:      

ASSIGNMENTS

The Principal may assign and transfer any student from classroom to another.  Education Code 25.031

The Principal must make the decision concerning the assignment or transfer of a student on an individual basis and may not consider as a factor in its decision any matter relating to the national origin of the student or the student’s ancestral language.  Education Code 25.032

Any change in classroom assignment must continue to provide the student with a free, appropriate public education in accord with the student’s Individualized Educational Program (IEP).

MULTIPLE BIRTH SIBLINGS

“Multiple birth sibling” means a twin, triplet, quadruplet, or other sibling resulting from a multiple birth.

“Parent” includes a person standing in parental relation.

Placement

The parent of multiple birth siblings who are assigned to the same grade level and school may request in writing, not later than the 14th day after the first day of enrollment, that the School place the siblings in the same classroom or in separate classrooms if such placement is congruent with each child’s Individualized Educational Program (IEP).

The School shall provide the placement requested.  However the School is not required to place multiple birth siblings in separate classrooms if the request would require the School to add an additional class to the grade level of the siblings.

The School may recommend to a parent the appropriate classroom placement and may provide professional educational advice to assist the parent with the decision.

These provisions do not affect:

  1. A right or obligation regarding the individual placement decisions of the admission, review, and dismissal (ARD) committee with respect to students receiving special education services [see EHBAB]; or
  2.  The right of a teacher to remove a student from a classroom under Chapter 37 [see FOA].

Reassignment by Principal

At the end of the first grading period following the multiple birth siblings’ enrollment in the School, if the principal of the School, in consultation with the teacher of each classroom in which the siblings are placed, determines that the requested classroom placement is disruptive to the School, the principal may determine the appropriate classroom placement for the siblings, subject to the provisions of the student’s IEP.

Appeal

A parent may appeal the principal’s classroom placement by requesting an ARD Committee meeting.  During an appeal, the siblings shall remain in the classroom chosen by the parent.  [See FNG]

Education Code 25.043

STUDENTS WHO ARE VICTIMS OF BULLYING

On the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying, the Principal shall transfer the victim to another classroom if available.

In the event that the School has only one classroom which offers the coursework which both the bully and the victim need, the bully will be placed in the disciplinary alternative education placement.  

STUDENTS WHO ENGAGE IN BULLYING

The transfer of a student with a disability who receives special education services and who engaged in bullying may be made only by a duly constituted ARD committee under Education Code 37.004.

Definition

“Bullying” has the meaning assigned by Education Code 37.0832.  [See FFI]

"Bullying" means engaging in written or verbal expression or physical conduct that a board or its designee determines:

  1. Will have the effect of physically harming a student, damaging a student's property, or placing a student in reasonable fear of harm to the student's person or of damage to the student's property; or
  2. Is sufficiently severe, persistent, or pervasive that the action or threat creates an intimidating, threatening, or abusive educational environment for a student.

Verification

The Principal shall verify that a student has been a victim of bullying before transferring the student.  The School may consider past student behavior when identifying a bully.

The determination by the Principal is final and may not be appealed.  The procedures set forth at Education Code 25.034 do not apply to a transfer under this provision.

Education Code 25.0342

Note: For bullying rising to the level of prohibited harassment, see FFH.  For all other bullying, see FFI.

CLASS CHANGES

A parent or person standing in parental relation is entitled to reasonable access to the Principal to request a change in the class or teacher to which the parent's child has been assigned, if the reassignment or change would not affect the assignment or reassignment of another student, or would not affect the services in the reassigned student’s IEP. The decision of the Principal regarding such a request is final and may not be appealed.

Education Code 26.002, 26.003(a)(2), (b) [See FNG

Adopted:          9/22/06
Amended:         11/8/13
Reviewed:

SCHOOL SAFETY CHOICE OPTION

TEA shall establish and implement a statewide policy requiring that a student be allowed to attend a safe public elementary or secondary school within a district, including a public charter school, if the student:

  • Attends a persistently dangerous public elementary or secondary school, as defined by TEA; or
  • Becomes a victim of a violent criminal offense, as determined by state law, while in or on the grounds of the public elementary or secondary school that the student attends.

No Child Left Behind Act of 2001, 20 U.S.C. 7912

SEXUAL ASSAULT TRANSFER

For the purposes of the following provisions:

  • "Assailant" means a student who has been adjudicated for a sexual assault or aggravated sexual assault if the assault was committed against another student who, at the time of the offense, was assigned to the same campus as the assailant, regardless of whether the conduct occurred on or off of school property.
  • "Victim" means the victim of the sexual assault.

Transfer of Assailant

On the request of a parent or other person with authority to act on behalf of the victim of the sexual assault, the Principal shall transfer the assailant to the School's disciplinary alternative education program.

To the extent permitted under federal law, the Principal shall notify the parent or other person with authority to act on behalf of the victim that the assailant has been assigned to the School's disciplinary alternative education program.

Education Code 25.034 does not apply to a transfer under this provision.

Education Code 25.0341

Adopted: 9/22/06

Amended:

Reviewed:

GENERAL RULE

Students who are at least six years of age, or who have been previously enrolled in first grade, and who have not yet reached their nineteenth birthday shall attend school each day for the entire period the program is offered, unless exempted as indicated below.  Students enrolled in kindergarten are required to attend school and are subject to compulsory attendance requirements as long as they remain enrolled.

Education Code 25.085(a)-(c)

accelerated/compensatory programs

Unless specifically exempted, a student must also attend:

  1. An accelerated reading instruction program to which the student has been assigned under Education Code 28.006(g) [see EKC];
  2. An accelerated instruction program to which the student is assigned under Education Code 28.0211 [see EIE];
  3. A basic skills program to which the student is assigned under Education Code 29.086 [see EHBC].

Education Code 25.085(d)

EXEMPTIONS

Students who meet one or more of the following conditions shall be exempt from compulsory attendance requirements:

Medical Condition

The student has a temporary and remediable physical or mental condition that renders attendance infeasible and the student has a certificate from a qualified physician that specifies the condition, indicates the prescribed treatment, and covers the anticipated time of absence needed for receiving and recuperating from remedial treatment.

Expulsion

The student has been expelled from the School. [See FOD]

Other Exemption

The student is specifically exempted under another law. Education Code 25.086

EXCUSED ABSENCES

Temporary Absence

A person required to attend school may be excused for temporary absence resulting from any cause acceptable to the teacher, principal, or Superintendent of TSBVI.  A student may not be penalized for excused absences and shall be counted for average daily attendance.

Education Code 25.087(a), (d)

Special Education Matters

Students may be excused for special education assessment procedures and for special education-related services. 19 TAC 129.21(l)

Court Appearances

Attending a required court appearance.  A student who is attending a required court appearance is allowed up to one day of excused travel for traveling to the site where the student will attend the required court appearance and up to one day of excused travel for traveling from that site.

Holy Days

The School shall excuse a student from attending school for the purpose of observing religious holy days, including traveling for that purpose.  Excused days for travel shall be limited to not more than one day for travel to and one day for travel from the site where the student will observe the religious holy days.

Citizenship Proceedings

Appearing at a governmental office to complete paperwork required in connection with the student’s application for United States citizenship.  A student who is appearing at a governmental office to complete such paperwork is allowed up to one day excused travel for traveling to the site where the student will compete the paperwork and up to one day of excused travel for traveling from that site.

Taking part in a United States naturalization oath ceremony.  A student who is taking part in such a ceremony is allowed up to one day of excused travel for traveling to the site where the student will take part in the ceremony and up to one day of excused travel for traveling form that site.

Children in Conservatorship of DFPS

If the student is in the conservatorship of the Department of Family and Protective Services (DFPS), participating, as determined and documented by DFPS, in an activity:

  1. Ordered by a court under Family Code Chapter 262 or 263, provided that it is not practicable to schedule the participation outside of school hours; or
  2. Required under a service plan under Family Code Chapter 263, Subchapter B.

Education Code 25.087(b)(1); 19 TAC 129.21(j)(3)

Health Care Appointments

The School shall excuse a student for temporary absence resulting from an appointment with a health-care professional if that student commences classes or returns to School on the same day of the appointment.  The appointment must be supported by a document such as a note from the health-care professional. “Temporary absence” includes the temporary absence of a student diagnosed with autism spectrum disorder on the day of the student’s appointment with a health-care practitioner to receive a generally recognized service for persons with autism spectrum disorder, including applied behavioral analysis, speech therapy, and occupational therapy.

Education Code 25.087(b)(1), (b)(2), (b)(3); 19 TAC 129.21(j)(3) [See FEB]

Higher Education Visits

TSBVI may excuse a student from attending school to visit an institution of higher education accredited by a generally recognized accrediting organization during the student’s junior and senior years of high school for the purpose of determining the student’s interest in attending the institution of higher education, provided that:

  1. The School may not excuse for this purpose more than two days during the student’s junior year and two days during the student’s senior year; and
  2. The School adopts:
    1. A policy to determine when an absence will be excused for this purpose; and
    2. A procedure to verify the student’s visit at the institution of higher education.

Education Code 25.087(b-2); 19 TAC 129.21(j)(3)

Military Dependents

TSBVI shall excuse a student whose parent, stepparent, or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or immediately returned from continuous deployment of at least four months outside the locality where the parent, stepparent, or

guardian regularly resides, to visit with the student’s parent, stepparent, or guardian. TSBVI may not excuse a student under this provision more than five days in a school year.  An excused absence under this provision must be taken not earlier than the 60th day before the date of deployment or not later than the 30th day after the date of return of deployment.  Education Code 25.087(b-4) [See FDD]

Make-Up Work

A student who is excused for a reason described above shall be allowed a reasonable time to make up school work missed on those days.  If the student satisfactorily completes the work, the days of absence shall be counted as days of compulsory attendance.  The student shall not be penalized for the absence.  Education Code 25.087(d)

In the case of a student who has missed class due to court proceedings or human services activities, it is the responsibility of the liaison for court-related children to assist students and teachers to ensure that students are provided the opportunity to complete all missed assignments.  19 TAC 129.22(c)

NOTICES TO PARENTS

Warning Notice

TSBVI shall notify a student's parent in writing at the beginning of the school year that, if the student is absent from school on ten or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period, the student's parent is subject to prosecution under Education Code 25.093, and the student is subject to prosecution under or to referral to a truancy court under Family Code 65.003(a).

Notice of Absences

TSBVI shall notify a student's parent and the student's local school district if the student has been absent from school, without excuse under Education Code 25.087, on three days or parts of days within a four-week period.  The notice must:

  1. Inform the parent that:
    1. It is the parent's duty to monitor the student's school attendance and require the student to attend school, and
    2. The parent is subject to prosecution under Education Code 25.0951; and
  2. Request a conference between school officials and the parent to discuss the absences.

The fact that a parent did not receive the notices described above is not a defense to prosecution for the parent's failure to require a child to attend school nor for the student's failure to attend school.

Education Code 25.095

NON-ATTENDANCE

Parent Liability

If any parent of or person standing in parental relation to a child who is required to attend school fails to require the child to attend school, the Principal of the School shall inform the student's local district of that truancy. (Education Code requires that the student's local district respond as follows:  The local district's attendance officer shall warn the parent in writing that attendance is immediately required. [See FED]

A parent or person standing in parental relation commits a truancy offense if:

  1. A warning notice is issued;
  2. The parent with criminal negligence fails to require the child to attend school as required by law; and
  3. The child has absences for the amount of time specified under Family Code 65.003(a).

The resident school district’s attendance officer [see FED] or other appropriate school official shall file a complaint against the parent in an appropriate court, as permitted under Education Code 25.093.

Education Code 25.093

Affirmative Defense - Parent

It is an affirmative defense to prosecution that one or more of the absences required to be proven was excused by a school official or should be excused by the court.  A decision by the court to excuse an absence for this purpose does not affect the ability of the School to determine whether to excuse the absence for another purpose.

Education Code 25.093(h)

Student Liability

A student who is 12 years or older and younger than 19 years of age is required to attend school under the compulsory attendance laws and fails to attend school on ten or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period may be prosecuted for nonattendance in:

  1. The constitutional county court of the county in which the individual resides or in which the school is located, if the county has a population of 1.75 million or more;
  2. The justice court of any precinct in the county in which the student resided;
  3. The justice court of any precinct in the county in which the resident school is located;
  4. The municipal court in the municipality in which the child resides; or
  5. The municipal court in the municipality in which the school is located.

A truancy court has exclusive original jurisdiction over cases involving allegation of truant conduct.

Education Code 25.094(a)(b); Family Code 65.004(a), (b)

AFFIRMATIVE DEFENSE-STUDENT

It is an affirmative defense to prosecution for truancy or to an allegation of conduct in need of supervision that one or more of the absences required to be proven was excused by a school official or should be excused by the court or that one or more of the absences was involuntary, but only if there is an insufficient number.  A decision by the court to excuse an absence for this purpose does not affect the ability of the School to determine whether to excuse the absence for another purpose.

Education Code 25.094(f)(g); Family Code 65.003(a)

SCHOOL COMPLAINT OR REFERRAL

If a student fails to attend TSBVI without excuse on 10 or more days or parts of days within a 6-month period in the same school year, the School shall issue warning notices and loss of credit to the parent and local school district.  The resident school district will then,

  1. File a complaint against the student or the student's parent or both in a truancy court for an offense under Education Code 25.093 or 25.094, as appropriate, or refer the student to a truancy court in a county with a population of less than 100,000; or
  2. Refer the student to a truancy court for conduct indicating a need for supervision under Family Code 65.003(a).

A court shall dismiss a complaint or referral if the resident school district does not comply with these requirements.

Education Code 25.0915(a-4)

Adopted:         11/13/81

Amended:       11/11/83, 10/25/85, 1/26/90, 5/28/92, 3/22/96, 1/24/02, 4/1/05, 1/26/07, 8/9/18

Reviewed:       1/31/03

The School shall maintain records to reflect the average daily attendance (ADA). The Superintendent, principals, and teachers shall maintain accurate, current attendance records.

19 TAC 129.21(a), (e)

The School shall use the standards established by the commissioner to maintain records and make reports on student attendance and student participation in special programs. The official standards are described in TEA's Student Attendance Accounting Handbook (SAAH). Certified attendance records must be preserved on site to be readily available for TEA auditors.

19 TAC 129. 1025, .21 (d)

MINIMUM ENROLLMENT

A student must be enrolled for at least two hours to be considered in membership for a half-day, and for at least four hours to be considered in membership for one full day.

Half-Day Students

Students enrolled on a half-day basis may earn only half-day attendance each school day. Attendance is determined for these pupils by recording absences in a period during the half-day they are scheduled to be present.

ATTENDANCE FOR STATE FUNDING PURPOSES

Attendance for all grades shall be determined by the absences recorded in the second or fifth period of the day, unless the School has obtained permission from TEA for an alternate period to record absences.

The established period in which absences are recorded may not be changed during the school year.

Students absent during the daily period selected by TSBVI for taking attendance shall be counted absent for the entire day. Students present at the time attendance is taken shall be counted present for the entire day.

19 TAC 129.21

Students in an alternative education placement shall be counted in computing the average daily attendance for the student's time in actual attendance in the program.

Education Code 37.008(f)

Exceptions

A student not actually on campus at the time attendance is taken may be considered in attendance if:

Board-Approved Activities

  1. The student is participating in a Board-approved extracurricular activity or public performance, which is under the direction of a member of a School’s professional or paraprofessional staff or an adjunct staff member who has a bachelor's degree. 

Mentorships

  1. The student is participating in a mentorship approved by School personnel to serve as one or more of the advanced measures needed to complete the Distinguished Achievement Program outlined in 19 TAC 74.13. 

Medicaid Students

  1. The student is Medicaid-eligible and participating in the Early and Periodic Screening, Diagnosis, and Treatment Program. Such students may be excused for up to one day at any time without loss of ADA.

Education Code 25.087; 19 TAC 129.21

  1. The student is absent for one of the purposes listed at EXCUSED ABSENCES FOR COMPULSORY ATTENDANCE DETERMINATIONS in Policy FEA.

Parental Consent to Leave Campus

The Board delegates to the Superintendent authority to establish procedures regarding parental consent for a student to leave campus. A student absent from School shall provide a note that describes the reason for absence. The note shall be signed by the student's parent or guardian. If the student is 18 or older or has been declared by a court to be an emancipated minor, the student may sign in place of a parent or guardian.

19 TAC 129.21(l) [See Parent Student Handbook]

disasters

The commissioner shall adjust the average daily attendance of a school all or part of which is located in an area declared a disaster area by the governor under Government Code Chapter 418 if the school experiences a decline in average daily attendance that is reasonably attributable to the impact of the disaster.

The commissioner shall make the adjustment required by this section for the two-year period following the date of the governor’s initial proclamation or executive order declaring the state of disaster.

Education Code 42.0051

Adopted:         4/1/05

Amended:       8/9/18

Reviewed:

90 PERCENT RULE

A student shall be given credit for a class only if the student has been in attendance 90 percent of the days the class is offered, unless the School’s attendance committee gives the student credit because there were extenuating circumstances for the absences. This restriction does not affect a student’s right to excused absences to observe religious holy days [see FEA] and does not apply to a student who receives credit by examination for a class as provided by Education Code 28.023. [See EHDC]

The attendance committee shall consist of the student’s assigned Assistant Principal and two classroom teachers assigned by the Principal. 

EXTENUATING CIRCUMSTANCES

For purposes of reviewing student absences, extenuating circumstances include, but are not limited to, the following:

  1. An excused absence.
  2. Days of suspension.
  3. Participation in a court proceeding or a child abuse or neglect investigation. The reason for the absences must be stated in writing by the case worker.
  4. The late enrollment or early withdrawal of a migrant student as defined in 34 CFR 206.1.
  5. Days missed as a runaway as defined by Family Code 51.03(b)(2).
  6. The absences of a teen parent due to caring for his or her child.
  7. Homelessness, as defined in federal law.

Principal’s Plan

A student who is in attendance for at least 75 percent but less than 90 percent of the days a class is offered may be given credit or a final grade if the student completes a plan approved by the School’s principal that provides for the student to meet the instructional requirements of the class. However, a student under the jurisdiction of a court in a criminal or juvenile justice proceeding may not receive credit or a final grade without the consent of the judge presiding over the student’s case.

ATTENDANCE COMMITTEE HEARING

The attendance committee shall hear each case in which a student's attendance falls below the 90 percent threshold and a petition by the student or his or her parent or legal guardian has been filed. The committee may give class credit to a student because of extenuating circumstances according to this policy for a student to make up work or regain credit lost because of absences. Classroom teachers shall comprise a majority of the attendance committee.

Education Code 25.092

Appeal

If a student is denied credit for a class by an attendance committee, the student may appeal the decision to the Board. The Board's decision may be appealed to the district court of Travis County.

Education Code 25.092(d)

ADDITIONAL DUTIES

A certified employee may not be assigned additional instructional duties as a result of the above provision outside of the regular workday unless the employee is compensated for the duties at a reasonable rate of pay.

Education Code 25.092

Adopted:         4/1/05

Amended:       8/9/18

Reviewed:

LOCAL DISTRICT RESPONSIBILITY

Upon notice from TSBVI, pursuant to Policy FEA, the attendance officer in the student's local school district shall perform the legal responsibilities of referral to truancy court or ARD committee.

Referral Prohibited

TSBVI may not refer a student to the local district’s attendance officer if the School determines that the student’s truancy is the result of pregnancy, being in the state foster program, homelessness, or being the principal income earner for the student’s family.  [See TRUANCY PREVENTION MEASURES, below]  Education Code 25.0915(a-3)

truancy prevention measures

TSBVI has adopted truancy prevention measures designed to address student conduct related to truancy in the school setting before the student engages in conduct described by Family Code 65.003, and minimize the need for referrals to attendance officers in the local school district for conduct described by Family Code 65.003(a).  Education Code 25.0915(a)

TSBVI in collaboration with the local school district shall take one or more of the following actions as a truancy prevention measure:

  1. Impose:
    1. A behavior contract for the student that must be signed by an administrator of the School, that TSBVI has made a good faith effort to have signed by the student and the student’s parent or guardian, and that includes:
      1. A specific description of the behavior that is required or prohibited for the student;
      2. The period for which the plan will be effective, not to exceed 45 school days after the date the contract becomes effective; or
      3. The penalties for additional absences, including additional disciplinary action or the referral of the student to a truancy court; or
    2. Resident school-based community service; or
  2. Refer the student to counseling, mediation, mentoring, community-based services, or other in-school or out-of-school services aimed at addressing the student’s truancy. A referral may include participation by the child’s parent or guardian if necessary.

The resident school district shall offer additional counseling to a student and may not refer the student to truancy court if the school determines that the student’s truancy is the result of:

  1. Pregnancy;
  2. Being in the state foster program;
  3. Homelessness; or
  4. Being the principal income earner for the student’s family.

If a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Education Code 25.0951(a), the resident district shall initiate truancy prevention measures on the student.

Education Code 25.0915

Minimum Standards

The minimum standards for the truancy prevention measures implemented by a district under Education Code 25.0915 include:

  1. Identifying the root cause of the student’s unexcused absences and actions to address each cause;
  2. Maintaining ongoing communication with students and parents on the actions to be taken to improve attendance;
  3. Establishing reasonable timelines for completion of the truancy prevention measure; and
  4. Establishing procedures to notify the admission, review, and dismissal committee or the Section 504 committee of attendance issues relating to a student with a disability and ensure that the committee considers whether the student’s attendance issues warrant an evaluation, a reevaluation, and/or modifications to the student’s individualized education program or Section 504 plan, as appropriate.

19 TAC 129.1043

Adopted:         9/9/83

Amended:       1/14/88, 1/26/90, 3/27/92, 1/24/97, 1/24/02, 4/1/05, 11/15/18

Reviewed:

WELLNESS POLICY

TSBVI establishes this School wellness policy to participate in the National School Lunch Program and School Breakfast program under the jurisdiction of TSBVI.

The School wellness policy is a written plan that includes methods to promote student wellness, prevent and reduce childhood obesity, and provide assurance that school meals and other food and beverages sold and otherwise made available on the school campus during the school day are consistent with applicable minimum federal standards. 7 C.F.R 210.30(a) [See EHAA for TSBVI’s coordinated school health program.]

The local health advisory council (SHAC) shall review and consider evidence-based strategies and techniques and shall develop nutrition guidelines and wellness goals as required by law.

“School Day

“School day” means the period from the midnight before, to 30 minutes after the end of the official school day. 7 C.F.R. 210.11(a)(5)

“School Campus”

“School Campus” means all areas of the property under the jurisdiction of the School that are accessible to students during the school day. 7 C.F.R. 210.11(a)(4)

Wellness Plan

At a minimum the School wellness plan must contain:

  1. Specific goals for nutrition promotion and education, physical activity, and other school-based activities that promote student wellness. In developing these goals, TSBVI must review and consider evidence-based strategies and techniques;
  2. Standards for all foods and beverages provided, but not sold, to students during the school day on the school campus under the jurisdiction of TSBVI that:
    1. Are consistent with applicable requirements set forth in 7 C.F.R. 210.10 (meal requirements for lunches and afterschool snacks) and 220.8 (meal requirements for breakfasts);
    2. Are consistent with the nutrition standards set forth under 7 C.F.R 210.11 (competitive food service and standards);
    3. Permit only those foods and beverages that meet the nutrition standards under 7 C.F.R 210.11; and
    4. Promote student health and reduce childhood obesity;
  3. Identification of the position of the school official(s) responsible for the implementation and oversight of the School wellness policy to ensure compliance with the policy;
  4. A description of the manner in which parents, students, representatives of the school food authority, teachers of physical education, school health professionals, the school board, school administrators, and the general public are provided an opportunity to participate in the development, implementation, and periodic review and update of the School wellness policy; and
  5. A description of the plan for measuring the implementation of the School wellness policy, and for reporting school wellness policy content and implementation issues to the public as required below.

TSBVI’S Wellness Plan and SHAC

The Board delegates to the Superintendent the responsibility for ensuring that TSBVI has established and continues to implement a wellness plan for the School that:

  1. Includes measurable goals to promote sound nutrition education, physical activity, and other school-based activities that are designed to promote student wellness in an appropriate manner;
  2. Includes nutrition guidelines for all foods available at the School, both during and after school, with the objectives of promoting student health and reducing childhood obesity;
  3. Provides an assurance that guidelines for reimbursable school meals shall not be less restrictive than the regulations and guidance issued by the U.S. Secretary of Agriculture pursuant to the federal child nutrition and National School Lunch and Breakfast Acts;
  4. Establishes a plan for measuring implementation of the wellness policy, including designation of one or more school employees charged with operational responsibility for ensuring that the School complies with the wellness policy; and
  5. Involves parents, students, teachers of physical education, representatives of the school food authority, the Board, the School Health Center, administrators, and the public in the development and continued revision, if necessary, of the wellness policy.

Wellness Plan

The School Health Advisory Council (SHAC) shall develop a wellness action plan to implement TSBVI’s nutrition guidelines and wellness goals. The wellness action plan shall, at a minimum, address:

  1. Strategies for soliciting involvement by and input from persons interested in the wellness plan and policy;
  2. Objectives, benchmarks, and activities for implementing the wellness goals;
  3. Methods for measuring implementation of the wellness goals;
  4. TSBVI’s standards for foods and beverages provided, but not sold, to students during the school day on a school campus are in line with USDA requirements; and
  5. The manner of communicating to the public applicable information about the School’s wellness policy and plan by posting to the TSBVI website and in Parent, Student, and Employee Handbooks.

The SHAC shall review and revise the plan if needed on an annual basis and recommend revisions to the wellness policy when necessary.

Nutrition Guidelines: Foods and Beverages Sold and Provided

The School’s nutrition guidelines for reimbursable school meals and all other foods and beverages sold or marketed to students during the school day shall be designed to promote student health and re-duce childhood obesity and shall be at least as restrictive as federal regulations and guidance. [See CO]

TSBVI shall establish standards for all foods and beverages provided, but not sold, to students during the school day. These standards shall be addressed in the School’s wellness plan.

In addition to legal requirements, the School shall:

  1. Establish age-appropriate guidelines for food and/or beverages served during classroom parties, birthdays, or school celebrations or events. Campuses shall follow these guidelines when offering food and/or beverages during events, parties, and celebrations. [See CO]
  2. Provide guidance to campuses requiring that birthday and/or school celebrations shall not occur in the cafeteria during meal serving time. Such events may take place at the end of the school day after the last scheduled class or after school.
  3. Provide guidelines that foods and/or beverages shall not be used as rewards for academic performance, except when provided in a specific student’s individualized education program (IEP) or behavior intervention plan.
  4. Provide teachers with education and guidelines on the use of food for instructional purposes or as a reward in the class-room.
  5. Require that all foods of minimal nutritional value (FMNV), including chocolate and all forms of candy, not be sold, distributed, provided, or made available to students in kindergarten–grade 12 at any time during the school day.
  6. Require that food and/or beverages offered to students and employees of TSBVI during the day as a snack or meal, whether provided by parents or staff, shall be consistent with the goals of the policy and in compliance with the Federal Public School Nutrition Policy. [See CO]

Wellness Goals

Nutrition Promotion and Education

TSBVI shall implement a coordinated school health program with a nutrition education component. [See EHAB] 

TSBVI establishes the following goals for nutrition promotion:

  1. The School’s food service staff, teachers, and other TSBVI personnel shall consistently promote healthy nutrition messages in cafeterias, classrooms, and other appropriate settings.
  2. The School shall share educational nutrition information with families (through handouts, newsletters and progress notes) to promote healthy nutrition choices and positively influence the health of students.

TSBVI establishes the following goals for nutrition education:

  1. The School shall deliver nutrition education that fosters the adoption and maintenance of healthy eating behaviors.
  2. TSBVI shall make nutrition education a Schoolwide priority and shall integrate nutrition education into other areas of the curriculum, as appropriate.
  3. Educational nutrition information shall be shared with families and the general public to positively influence the health of students and community members through the use of print media, newsletters, school lunch menus, and the TSBVI’s website.

Physical Activity

TSBVI shall implement a coordinated health program with physical education and physical activity components and shall offer at least the required amount of physical activity for all grades. [See BDF, EHAA, EHAB and EHAC]

TSBVI establishes the following goals for physical activity:

  1. The School shall provide an environment that fosters safe and enjoyable, and developmentally appropriate fitness activities for all students, including those who are not participating in physical education classes or competitive sports.
  2. The School shall encourage parents to support their children’s participation, to be active role models, to include physical activity in family events, and to participate in before-school and after-school physical activity programs.
  3. The School shall make appropriate training and other activities available to TSBVI employees in order to promote enjoyable, lifelong physical activity.
  4. TSBVI shall encourage students and staff members, to use the School’s recreational facilities such as tracks, playgrounds, and the like, that are available outside of the school day. [See GKD]

Other School-Based Activities

TSBVI establishes the following goals to create an environment conducive to healthful eating and physical activity and to promote and express a consistent wellness message through other school-based activities:

  1. TSBVI shall allow sufficient time for students to eat meals in cafeteria facilities that are clean, safe, and comfortable.
  2. TSBVI shall promote wellness for students and their families at suitable school activities.
  3. TSBVI shall promote employee wellness activities and involvement.

Implementation

The Comprehensive Programs Principal, in conjunction with the Chairperson of the SHAC, shall oversee the implementation and development of this plan and measure and monitor the implementation of the wellness plan and appropriate administrative procedures.

Evaluation

TSBVI shall comply with federal requirements for evaluating this policy and the wellness plan.

Public Notification

TSBVI shall annually evaluate and inform the public about the content and implementation of the wellness policy, including posting on its website copies of the wellness policy, the wellness plan, and the required action plan.

Records Retention

TSBVI shall retain all the required records associated with the wellness policy, in accordance with law and the School’s records management program.  [See CPC and FFA(LEGAL)]

PUBLIC INVOLVEMENT AND NOTIFICATION

TSBVI must:

  1. Permit parents, students, representatives of the school food authority, teachers of physical education, school health professionals, the school board, school administrators, and the general public to participate in the development, implementation, and periodic review and update of the School wellness policy.
  2. Inform the public about the content and implementation of the School wellness policy and make the policy and plan, as well as any update available to the public annually on the TSBVI website.
  3. Inform the public about progress toward meeting the goals of the School wellness policy and compliance with the School wellness plan and action plan, by making the triennial assessment, as required at item 2 under IMPLEMENTATION ASSESSMENTS AND UPDATES below, available to the public in an accessible and easily understood manner on the TSBVI website.

IMPLEMENTATION ASSESSMENTS AND UPDATES

TSBVI must:

  1. Designate one or more school officials to ensure that TSBVI complies with the wellness policy. The Board has designated the Superintendent.
  2. At least once every three years, assess compliance with the School wellness plan, and make assessment results available to the public on the School’s website. The assessment must measure the implementation of the School wellness policy, and include:
    1. The extent to which TSBVI is in compliance with the School wellness plan;
    2. The extent to which the School wellness policy compares to model local school wellness policies; and
    3. A description of the progress made in attaining the goals of the School wellness plan in TSBVI’s Action Plan.
  3. Make appropriate updates or modifications to the School wellness plan, based on the triennial assessment.

RECORDKEEPING

TSBVI must retain records to document compliance with the requirements of the policy. These records include, but are not limited to:

  1. The written School wellness policy and plan;
  2. Documentation demonstrating compliance with community involvement requirements in the Action Plan, including requirements to make the School wellness policy and triennial assessments available to the public and report to the Board as required at IMPLEMENTATION ASSESSMENTS AND UPDATES above; and
  3. Documentation of the triennial assessment of the School wellness policy.

Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 111-296, sec. 204, 124 Stat. 3183 (2010) [42 U.S.C. 1758b]; 7 C.F.R. 210.30(c)(f)

[See CO for requirements relating to food services management, EHAA for state law requirements relating to health education.]

Adopted:         7/28/06

Amended:       1/26/07, 1/22/10, 8/9/18

Reviewed:

PHYSICAL FITNESS ASSESSMENT

Annually, the TSBVI shall assess the physical fitness of students in grades 3 or higher in a course that satisfies the curriculum requirements for physical education under Education Code 28.002(a)(2)(C) using an assessment instrument adopted by the commissioner of education (currently FitnessGram®).  Education Code 38.101(a), .102(a)

TSBVI is not required to assess a student for whom, as a result of disability or other condition identified by commissioner rule, the assessment instrument is inappropriate.  Education Code 38.101(b)

The Principal or designated P.E. teacher with consultation of the Health Center Director shall determine whether the physical fitness assessment is appropriate for each student.

The assessment instrument must be based on factors related to student health, including aerobic capacity; body composition; and muscular strength, endurance, and flexibility, unless a particular factor is inappropriate for that student because of a health classification defined in 19 TAC 74.31 [see EHAA].   Education Code 38.102(b)(1); 19 TAC 103.1001(b)

Report

The School shall compile the results of the physical fitness assessment and provide summary results, aggregated by grade level and any other appropriate category identified by commissioner rule, to TEA.  TSBVI shall provide the results of individual student performance on the physical fitness assessment to TEA.  The results may not contain the names of individual students or teachers or a student’s social security number or date of birth.  Education Code 38.103(a)

Confidentiality

The results of individual student performance on the physical fitness assessment instrument are confidential and may be released only in accordance with state and federal law.  Education Code 38.103(b)

TSBVI may accept donations made to facilitate implementation of this subchapter.  Education Code 38.105

VISION AND HEARING SCREENING

As soon as possible after admission and within a period set by rule, a student required to be screened shall undergo approved screening for vision and hearing disorders and any other special senses and communication disorders specified by the Texas Department of State Health Services (TDSHS). 

Health and Safety Code 36.005(a)

The state requirement for all students to receive vision and hearing screenings is satisfied by reporting to the Texas Department of State Health Services (TDSHS) that a student with a visual or hearing impairment is, respectively, under the care of a licensed eye or hearing specialist.

Local School Responsibility

The resident school district’s superintendent or designee shall ensure that each student admitted to TSBVI complies with the screening requirements set by TDSHS or submits an affidavit of exemption (see below).  Health and Safety Code 36.005(c)  [See FD admission requirements.]

Screening Schedule

Routine Screening

Children enrolled in kindergarten must be screened each year within 120 days of enrollment. Children enrolled in the first, third, fifth, and seventh grades must receive vision and hearing screening in each of those grade years (can be done at any time during each of those years).  Upon written request approved by TDSHS, the screening of vision and hearing may instead occur in kindergarten and first, second, fourth, and sixth grades.  25 TAC 37.25(a)(2), (3), (6)

Screening on Enrollment

Students four years of age and older, who are enrolled in TSBVI for the first time, must be screened for possible hearing problems within 120 calendar days of enrollment.  Vision screening is usually completed by the resident school district to establish eligibility to attend TSBVI.  If the student is enrolled within 60 days of the date school closes for the summer, the student must be tested within 120 days of the beginning of the following school year.  25 TAC 37.25(a)(1), (5)

Outside Screening

Except for students enrolled in kindergarten, or first grade, TSBVI shall exempt a student from screening if the student’s parent, managing conservator, or legal guardian, or the student under Family Code 32.003 submits a record showing that a professional examination was properly conducted during the grade year in question or during the previous year.  The record must be submitted during the grade year in which the screening would otherwise be required.  25 TAC 37.25(a)(4)

Provisional Admission

A parent, managing conservator, or legal guardian, or the student under Family Code 32.003 may execute an affidavit stating that a person, other than the screener used by the resident school district or TSBVI, shall conduct the screening (or that a licensed professional shall conduct an examination) as soon as is feasible.  TSBVI may admit the student on a provisional basis for up to 60 days, or may deny admission until the screening record(s) are provided to the School.  25 TAC 37.25(b)

Exemption – Religious Beliefs

 A student is exempt from screening if it conflicts with the tenets and practices of a recognized church or religious denomination of which the student is an adherent or a member.  To qualify for the exemption, the student or minor student’s parent, managing conservator, guardian, or person having legal responsibility for the student’s support must submit on or before the day of admission an affidavit stating the objections to screening.  Health and Safety Code 36.005(b); 25 TAC 37.25 (c)  [See FD]

Records

The School shall maintain on a form prescribed by TDSHS in accordance with TDSHS rules, screening records for each student in attendance, and the records are open for inspection by TDSHS or the local health department.  Health and Safety Code 36.006; 25 TAC 37.26

Transfer of Records

A student’s screening records may be transferred among districts and to and from the School without the consent of the student or minor student’s parent, managing conservator, or guardian.    Health and Safety Code 36.006(c); 25 TAC 37.26(b)(4)

Annual Report

On or before June 30 of each year, the TSBVI shall submit to TDSHS a report on the vision and hearing screening status of its aggregate population screened during the reporting year.  TSBVI shall report in the manner specified by TDSHS.  Health and Safety Code 36.006(d); 25 TAC 37.26(b)(6)

RISK ASSESSMENT FOR TYPE 2 DIABETES

As soon as possible after admission, each student required to be assessed shall undergo approved risk assessment for type 2 diabetes.  The risk assessment should:

  1. Identify students with acanthosis nigricans; and
  2. Further assess students identified under paragraph 1 to determine the students’:
    1. Body mass index; and
    2. Blood pressure.

The Superintendent shall ensure that each student admitted to TSBVI complies with the diabetes risk assessment requirements or submits an affidavit of exemption for these students at risk for diabetes.

Health and Safety Code 95.002(d),.003(a)

Applicability

TSBVI is located in TEA Regional Education Service Center 13.  As such, students who attend the School shall be subject to risk assessment.  Health and Safety Code 95.002(b)

Outside Screening

The student or minor student’s parent, managing conservator, or guardian may substitute a professional examination for the risk assessment.  Health and Safety Code 95.003(a)

Exemption – Religious Beliefs

A student is exempt from risk assessment if it conflicts with the tenets and practices of a recognized church or religious denomination of which the student is an adherent or a member.  To qualify for the exemption, the student or minor student’s parent, managing conservator, or guardian must submit to the Superintendent, on or before the day of the risk assessment process, an affidavit stating the objections to the risk assessment.  Health and Safety Code 95.003(b)

Records

The Superintendent or designee shall maintain the risk assessment records for each student in attendance and enter the risk assessment information for each student on the surveillance software selected by the University of Texas—Rio Grande Valley Border Health Office (the Border Health Office).  The risk assessment records are open for inspection by the Border Health Office or the local health department. Health and Safety Code 95.004(a)

Transfer of Records

A student’s risk assessment records may be transferred among school districts without the consent of the student, or, if the student is a minor, the student’s parent, managing conservator, or guardian. Health and Safety Code 95.004(c)

Annual Report

TSBVI shall submit to the Border Health Office an annual report on the risk assessment status of the students in attendance during the reporting year and shall include in the report any other required information.  Health and Safety Code 95.004(e)

SPINAL SCREENING

Each student required by TDSHS rule to be screened shall undergo approved screening for abnormal spinal curvature.  Health and Safety Code 37.002(a)

TSBVI Responsibility

The Superintendent shall ensure that each student admitted to TSBVI complies with the screening requirements or submits an affidavit of exemption (see below).  The Superintendent is responsible for notifying a parent, managing conservator, or guardian of the requirement to conduct spinal screening, the purpose and the reasons for spinal screening and potential risk to the child if declined, the method used to perform the screening, and the method to decline spinal screening based on a religious belief exemption.  Health and Safety Code 37.002(c), 25 TAC 37.144(a),(c)

Screening Schedule

Routine Screening

Students who meet the criteria outlined in TDSHS policy shall be screened for abnormal spinal curvature before the end of the school year.    25 TAC 37.144(c),(1)

Screening on Enrollment

If a student is enrolled within 60 days of the date a school closes for the summer, the student’s screening must be conducted within 120 days of the beginning of the following school year. TSBVI may offer a student the opportunity for spinal screening if the student has no record of having been screened previously. 25 TAC 37.144(c)(2), (3), (4)

Outside Screening

The spinal screening requirements may also be met by a professional examination as defined in 25 Administrative Code 37.142(6).  25 TAC 37.144(c)(1

Provisional Admission

A parent, managing conservator, or legal guardian, or the student under Family Code 32.003 may execute an affidavit stating that a person, other than the screener used by TSBVI, shall conduct the screening as soon as is feasible.  TSBVI may admit the student on a provisional basis for up to 60 days, or may deny admission until the screening record(s) are provided to the School.  The 60-day time period is from November 30 to January 30 of each school year.  25 TAC 37.144(d)

Exemption – Religious Beliefs

A student is exempt from screening if it conflicts with the tenets and practices of a recognized church or religious denomination of which the student is an adherent or a member.  To qualify for the exemption, the student’s parent, managing conservator, or guardian must submit to the Superintendent on or before the day of the screening procedure an affidavit stating the objections to screening. Health and Safety Code 37.002(b); 25 TAC 37.144(e)

Records

TSBVI must comply with recordkeeping and reporting requirements set out in 25 Administrative Code 37.145(b).  Spinal screening records and exemption affidavits must remain onsite for at least two years. 25 TAC 37.145(b)  [See FL]

Transfer of Records

Spinal screening records are transferrable between districts without the consent of the student or minor student’s parent, managing conservator, or legal guardian.   25 TAC 37.145(b)(3)

Report of Abnormality

If the spinal screening indicates that a student may have abnormal spinal curvature, the individual performing the screening shall fill out a report on a form prescribed by TDSHS.

The Superintendent shall retain one copy of the report and shall mail one copy to the parent, managing conservator, or guardian of the individual screened, and the resident school district. 

Health and Safety Code 37.003, 25 TAC 37.144(b)

Annual Report

On or before June 30 of each year TSBVI shall submit to TDSHS an annual report of spinal screening status of its aggregate population screened during the reporting year.  TSBVI shall report in the manner specified by TDSHS.  25 TAC 37.145(b)(5)

POLICY

As a condition of receiving funds under a program funded in whole or in part by the U.S.  Department of Education (DOE), TSBVI shall develop and adopt policies, in consultation with parents, pursuant to 20 U.S.C. 1232h(c)(1), regarding the administration of any invasive physical examinations or screenings even though TSBVI would not administer such procedures to the student.  20 U.S.C. 1232h(c)(1)(D)

TSBVI shall provide notice of the policies at least annually, at the beginning of the school year in the Parent Student Handbook and TSBVI website and within a reasonable time after any substantive change in the policies.  20 U.S.C. 1232h(c)(2)(A)(i)

Notification and Opt-Out

At least annually at the beginning of the school year, TSBVI shall directly notify parents through the Parent Student Handbook of the specific or approximate dates during the school year when any nonemergency, invasive physical examination or screening, described below, is scheduled or expected to be scheduled.  It is not customary for any such invasive physical examinations or screening to occur at TSBVI.   The required federal notification applies to nonemergency, invasive physical examinations or screenings that are:

  1. Required as a condition of attendance;
  2. Administered and scheduled by the School in advance; and
  3. Not necessary to protect the immediate health and safety of the student or of other students.

At a minimum, TSBVI shall offer an opportunity for the parent to opt the student out of participation in these types of invasive examinations or screenings.  20 U.S.C.1232h(c)(2)(A)(ii), (C)(iii)

Exception

These provisions do not apply to any hearing, vision or scoliosis screening or any physical examination that is permitted or required by an applicable state law, including physical examinations or screenings that are permitted without parental notification. 20 U.S.C. 1232h(c)(4)(B)(ii)

[See EF]

LICE

The Board requires that an elementary school nurse who determines or otherwise becomes aware that a child enrolled in the School has lice shall provide written or electronic notice of that fact to:

  1. The parent of the child with lice as soon as practicable but not later than 48 hours after the administrator or nurse, determines or become aware of that fact; and
  2. The parent of each child assigned to the same classroom as the child with lice not later than the fifth school day after the date on which the administrator or nurse, determines or become aware of that fact.

The notice:

  1. Must include the recommendations of the Centers for Disease Control and Prevention for the treatment and prevention of lice; and
  2. May not identify the child with lice if the notice is to the parent of each child in the same classroom.

Education Code 38.031

Adopted:         3/7/80

Amended:        3/9/84, 9/21/84, 1/23/87, 1/26/89, 9/27/91, 1/29/93, 1/26/96, 5/28/03, 4/1/05, 11/16/07, 1/22/10, 6/3/16, 8/9/18

Reviewed:

IMMUNIZATION REQUIREMENTS

Each student shall be fully immunized against diphtheria, pertussis, rubeola (measles), rubella, mumps, tetanus, and poliomyelitis.  The Texas Department of State Health Services (TDSHS) may modify or delete any of these immunizations or may require immunizations against additional diseases as a requirement for admission to any elementary or secondary school. Education Code 38.001(a), (b), 19 TAC 97.63(2)(B)

Students in kindergarten through twelfth grade shall have the following additional vaccines, according to the immunization schedules set forth in department regulations: pertussis, diptheria, tetanus, MMR (measles, mumps, rubella), hepatitis B, hepatitis A (as applicable to the grade levels specified in state rule), and varicella (chickenpox).TDSHS requires students in seventh through twelfth grade to have the meningococcal vaccine (MCV4), on or after the student’s 11th birthday.

TDSHS requires students to have one booster dose of a tetanus/diphtheria/pertussis-containing vaccine for entry into the 7th grade, if at least five years have passed since the last dose of a tetanus-containing vaccine.  If five years have not elapsed since the last dose of a tetanus-containing vaccine at entry into the 7th grade, then this dose will become due as soon as the five-year interval has passed. Td vaccine is an acceptable substitute, if Tdap vaccine is medically contraindicated.

TDSHS requires students in Grades 8 - 12 who have not already received Tdap vaccine to receive one booster dose of Tdap when ten years have passed since the last dose of a tetanus-diphtheria-containing vaccine.

25 TAC 97.63


Note:   For immunization requirements, see TDSHS’s Web site at  http://www.dshs.texas.gov/immunize/school/default.shtm#requirements. For TDSHS’s recommended immunization schedule, see http://www.dshs.state.tx.us/immunize/Schedule/schedule_child.shtm.


Under Health and Safety Code Chapter 81, Subchapter E, additional vaccinations may be required by TDSHS and/or the local health authority in specific situations under the mechanism of a control order containing control measures.  25 TAC 97.72

IMMUNIZATION AWARENESS PROGRAM

The School shall post prominently on the website:

  1. A list, in English and Spanish, of:
    1. The immunizations required by TDSHS for admission to public school;
    2. Any immunizations or vaccines recommended for public school students by TDSHS. The list must include the influenza vaccine, unless TDSHS requires the influenza vaccine for admission to public school; and
    3. A statement advising viewers to check the website of their local school district to obtain names of health clinics in the district that offer the influenza vaccine and the fact that the TSBVI Health Center offers the free vaccine to enrolled students.
  2. A link to the TDSHS Internet website where a person may obtain information relating to the procedures for claiming an exemption from the immunization requirements.  The link must be presented in the same manner as the information provided under paragraph 1. Education Code 38.19 http://www.dshs.texas.gov/immunize/school/default.shtm#requirements

APPLICABILITY

The vaccine requirements apply to all students entering, attending, enrolling in, and/or transferring to a district or TSBVI.  25 TAC 97.61(a)

Exceptions

Immunization is not required for admission to the School:

  1. If the student submits to the admitting official:

Medical reasons

  1. An affidavit or a certificate signed by the student’s physician (M.D. or D.O.) who is duly registered and licensed to practice medicine in the United States and who has examined the student.

    The affidavit or certificate must state that, in the physician’s opinion, the immunization required is medically contraindicated or poses a significant risk to the health and well-being of the student or any member of the student’s household.  Unless it is written in the statement that a lifelong condition exists, the exemption statement is valid for only one year from the date signed by the physician.
    or
    The affidavit must be on a form obtained from the TDSHS and must be submitted to the admitting official not later than the 90th day after the date the affidavit is notarized.
  2. A student who has not received the required immunizations for reasons of conscience may be excluded from school in times of emergency or epidemic declared by the commissioner of state health services.

Education Code 38.001(c), (c-1), (f); Health and Safety Code 161.004(a), d(2), .0041; 25 TAC 97.62

PROVISIONAL ADMISSION

A student may be provisionally admitted or enrolled if the student has begun the required immunizations.  The student must have an immunization record that indicates the student has received at least one dose of each age-appropriate vaccine specified in the regulations.

Completion of Vaccinations

To remain enrolled, the student must continue to receive the necessary immunizations as rapidly as medically feasible.  The student must complete the required subsequent doses in each vaccination series on schedule and provide acceptable evidence of vaccination to TSBVI.

Review of Status

A school nurse or school administrator shall review the immunization status of a provisionally enrolled student every 30 days to ensure continued compliance in completing the required doses of vaccination. If, at the end of the 30-day period, a student has not received a subsequent dose of vaccine, the student is not in compliance and the School will exclude the student from school attendance until the required dose is administered.

Education Code 38.001(e), 25 TAC 97.66(a); Atty. Gen. Op. GA-178 (2004)

Homeless Student

A student who is homeless, as defined in the McKinney-Vento Homeless Education Act, shall be admitted temporarily for 30 days if acceptable evidence of vaccination is not available.  The school shall promptly refer the student to appropriate public health programs to obtain the required vaccinations.  [See FD and FDC] 25 TAC 97.66(b); 42 U.S.C .11302

Transfer of Referred Students

A student can be enrolled provisionally for no more than 30 days after transferring from the student’s local district of residence to TSBVI and while awaiting the transfer of the immunization record.

Military Dependents

A military dependent can be enrolled provisionally for no more than 30 days after transferring from the student’s local district of residence to TSBVI and while awaiting the transfer of the immunization record.

CONFIDENTIALITY

The collection and exchange of information pertaining to immunizations shall be subject to confidentiality provisions prescribed by federal law.  Health and Safety Code 162.002 art. IV, C; 25 TAC  97.69(b);

EVIDENCE OF IMMUNIZATION

A student shall show acceptable evidence of vaccination before entry, attendance, or transfer to a district or to TSBVI.   25 TAC 97.63(2)

Vaccines administered after September 1, 1991, shall include the month, day, and year each vaccine was administered.  The following documentation is acceptable:

  1. Documentation of vaccines administered that includes the signature or stamp of the physician or his or her designee, or public health personnel; immunization records generated from electronic health record systems must include clinic contact information and the provider’s signature/stamp;
  2. An official immunization record generated from a state or local health authority, such as a registry; or
  3. A record received from a student’s local school officials including a record from another state.

25 TAC 97.68

Serologic confirmations of immunity to measles, rubella, mumps, hepatitis A, hepatitis B, or varicella are acceptable.  Evidence of measles, rubella, mumps, hepatitis A, hepatitis B, or varicella illnesses must consist of a valid laboratory report that indicates either confirmation of immunity or infection.

A written statement from a parent, legal guardian, managing conservator, school nurse, or physician attesting to a child’s positive history of varicella disease (chickenpox) or varicella immunity is acceptable in lieu of a vaccine record for that disease.  [See the form on TDSHS’s website at http://www.dshs.state.tx.us/immunize/docs/c-9.pdf] 25 TAC 97.65

IMMUNIZATION RECORDS

If a parent or other person with legal control of a student under a court order enrolls the student at TSBVI, the parent or other person, or the district in which the student most recently attended school, shall furnish to the School a record showing that the student has:

  1. The immunizations as required by law;
  2. Proof as required by law that the student is not required to be immunized; or
  3. Proof that the student is entitled to provisional admission under law.

Education Code 25.002(a)(3), 38.001; 25 TAC Chapter 97, Subchapter B

Each student’s resident district and the School shall keep an individual immunization record during the period of attendance for each student admitted.  The records shall be sufficient for a valid audit to be completed.  The records shall be open for inspection at all reasonable times by TEA, local health departments, or the TDSHS.  Immunization records may be maintained in paper and\or electronic form.  Education Code 38.002(a); 25 TAC 97.67

Transfer of Records

Each student’s resident district and TSBVI shall cooperate in transferring students’ immunization records to other schools.  Specific approval from students, parents, or guardians is not required before transferring those records.  Education Code 38.002(b)

Annual Report

TSBVI shall submit annual reports of the immunization status of students, in a format prescribed by TDSHS, to monitor compliance with immunization requirements.  The School shall submit the report at the time and in the manner indicated in the instructions printed on the form. Education Code 38.002(c); 25 TAC 97.71

CONSENT TO IMMUNIZATION

In addition to persons authorized to consent to immunization under Family Code Chapters 151 (parents) and 153 (conservators), the following persons may consent to the immunization of a child:

  1. A guardian of the child or adult with Medical Power of Attorney; or
  2. A person authorized under the law of another state or a court order to consent for the child.

Family Code 32.101(a);

The School may consent to the immunization of an enrolled student if:

  1. The persons listed above are not available; and
  2. TSBVI or the resident district has written authorization to consent from a person listed above.

Family Code 32.101(b)(5)

TSBVI may not consent for the child if it has actual knowledge that a person listed above has:

  1. Expressly refused to give consent to the immunization;
  2. Been told not to consent for the child; or
  3. Withdrawn a prior written authorization for the district or TSBVI to consent.

Family Code 32.101(c)

Consent By Child

A student may consent to the child’s own immunization for a disease if the child is pregnant or is the parent of a child and has actual custody of that child, and the Centers for Disease Control and Prevention recommend or authorize the initial dose of an immunization for that disease to be administered before seven years of age.

Consent by a student to immunization is not subject to disaffirmance because of minority.  A health-care provider or facility may rely on the written statement of the child containing the grounds on which the child has capacity to consent to the child’s immunization.

Family Code 32.1011

Duty to Provide Information

If TSBVI consents to immunization of a child, the School shall provide the health-care provider with sufficient and accurate health history and other information as set forth in Family Code 32.101(e).

Form of Consent

Consent to immunization must meet the requirements of Family Code 32.002(a).  TSBVI has the responsibility to ensure that the consent, if given, is an informed consent.  TSBVI is not required to be present when the immunization is requested if a consent form has been given to the health-care provider.  Family Code 32.101(f), 32.102

Liability

If TSBVI consents to immunization of a child, the School is not liable for damages arising from an immunization administered to a child authorized under Family Code Subchapter B except for injuries resulting from TSBVI’s own acts of negligence, subject to the provisions of Texas sovereign immunity.  Family Code 32.103

Adopted:         11/13/81

Amended:       9/10/82, 3/10/88, 7/17/92, 3/26/96, 9/26/97, 5/28/03, 1/22/10, 6/3/16, 8/9/18

Reviewed: