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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:      

 

This chart summarizes the vaccine requirements incorporated in Title 25, Health Services, Section 97.61-97.77 of the Texas Administrative Code as of April 1999.

Minimum State Vaccine Requirements for Texas Children

AGE(a)

VACCINE REQUIREMENT

Younger than 2 months

No vaccines required

2 months through 3 months

One dose polio vaccine

One dose DTP/DTaP vaccine

One dose Hib vaccine

4 months through 5 months

Two doses polio vaccine

Two doses DTP/DTaP vaccine

Two doses Hib vaccine

6 months through 11 months

Two doses polio vaccine

Two doses Hib vaccine

Three doses DTP/DTaP vaccine

12 months through 14 months

One dose MMR vaccine received on or after first birthday(b)

Two doses Hib vaccine

Three doses polio vaccine

Three doses DTP/DTaP vaccine

(Effective 8/1/00) One dose of varicella vaccine received on or after first birthday(c)

15 months through 4 years

One dose MMR vaccine received on or after first birthday(b)

 

AGE(a)

VACCINE REQUIREMENT

Effective 8/1/00-32 border counties:(d) 2 years-one dose hepatitis A vaccine; 3 through 4 years-two doses hepatitis A vaccine.

One dose Hib vaccine on or after 15 months of age, unless a primary series and booster have been completed

Three doses polio vaccine

Four doses DTP/DTaP (fourth dose not required until 18 months)

(Effective 8/1/00) One dose of varicella vaccine received on or after first birthday(c)

5 years through 6 years

Three doses polio vaccine including one received on or after the fourth birthday

Proof of pertussis vaccination not required for children 5 years of age and older.

Four doses DTP/DTaP vaccine including one received on or after the fourth birthday (see note at left)

One dose MMR vaccine received on or after the first birthday and one additional dose of measles vaccine (this dose may be received as part of a second MMR)

Three doses hepatitis B vaccine

(Children living in 32 border counties(d)) Two doses hepatitis A vaccine

(Effective 8/1/00) Children born on or after September 2, 1994, must have one dose of varicella vaccine received on or after first birthday(c)

7 years through 11 years

Three doses polio vaccine including one received on or after fourth birthday

Polio vaccine not required for students 18 years of age and older.

Three doses DTP/DTaP/Td vaccine including one received on or after fourth birthday and one dose within the last ten years

One dose MMR vaccine received on or after first birthday.(b) Children born on or after September 2, 1991, must have two doses of measles vaccine (this dose may be received as part of a second MMR)

 

AGE(a)

VACCINE REQUIREMENT

 

Children born on or after September 2, 1992, must have three doses hepatitis B vaccine

 

(Children living in 32 border counties(d)) Children born on or after September 2, 1992, must have two doses hepatitis A vaccine

12 years and older

Children born between September 1, 1978, and September 1, 1991 (inclusive), must show proof of two doses of measles vaccine within 30 days after their twelfth birthday (this dose may be received as part of a second MMR)

(Effective 8/1/00) Children born between September 2, 1988, and September 1, 1992 (inclusive), must show proof of three doses of hepatitis B vaccine within 30 days after their twelfth birthday

The following vaccines are required in addition to those required at age 7.

(Effective 8/1/00) Children born between September 2, 1988, and September 1, 1994 (inclusive), must have one dose of varicella vaccine received on or after first birthday(c) within 30 days after their twelfth birthday. If first dose is received after age 13, two doses are required.

ADDITIONAL INFORMATION

  1. A child/student must meet all the immunization requirements shown for an age group upon first entering the age group.
  2. MMR (or one dose of each of its components) must have been received on or after the first birthday if the vaccine was administered on or after September 1, 1990. Measles vaccine received prior to September 1, 1990, may have been administered in the calendar month of the first birthday.
  3. Serologic proof of immunity or documentation of previous illness may substitute for vaccination. Previous illness may be documented by a written statement from a physician, school nurse, or the child's/student's parent or guardian containing wording such as: "This is to verify that (name of student) had varicella disease (chickenpox) on or about (date) and does not need varicella vaccine."

 

  1. Counties affected by the hepatitis A requirement are: Brewster, Brooks, Cameron, Crockett, Culberson, Dimmitt, Duval, Edwards, El Paso, Frio, Hidalgo, Hudspeth, Jeff Davis, Jim Hogg, Kenedy, Kinney, La Salle, Maverick, McMullen, Pecos, Presidio, Real, Reeves, Starr, Sutton, Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata, and Zavala.

PROVISIONAL ENROLLMENT

All immunizations should be completed by the first day of attendance. However, if this is not possible and if permitted by local school district policy, a child/student may be provisionally enrolled and allowed to attend a child-care facility or school, provided at least one immunization in each series has been received. The remaining required immunizations must be completed as soon as medically possible in order for the child/student to remain in attendance.

ALTERNATE DOSAGE SCHEDULES

In some circumstances, the United States Food and Drug Administration (FDA) may approve the use of an alternative dosage schedule for an existing vaccine. These alternative regimens may be used to meet the requirements specified in 19 TAC 97.63 (relating to required immunizations) only when alternative regimens are fully documented. Such documentation must include vaccine manufacturer and dosage received for each dose of that vaccine.

DOCUMENTATION

Since many types of personal immunization records are in use, any document will be acceptable, provided it has been validated by a physician or public health personnel. The month, day, and year that the vaccination was received must be recorded on all school immunization records created or updated after September 1, 1991.

SOURCE

The requirements are based on the Recommended Childhood Immunization Schedule-United States, 1999, approved by the Advisory Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP), and the American Academy of Family Physicians (AAFP). Children on an ideal or optimum schedule as recommended will have received 5 doses of DTP/DTaP vaccine, 4 doses of polio vaccine, 3 or more doses of Hib vaccine, 3 doses of hepatitis B vaccine, 2 doses of MMR vaccine, and 1 dose varicella vaccine by the time they enter kindergarten.

Adopted: 5/28/03

Amended:

Reviewed:

 

CONSENT TO MEDICAL TREATMENT

For a minor student, the School may consent to medical, dental, psychological, and surgical treatment of that student, provided all of the following conditions are met:

  1. The person having the power to consent as otherwise provided by law cannot be contacted.
  2. Actual notice to the contrary has not been given by that person.
  3. Written authorization to consent has been received from that person.

Family Code 32.001(a)(4)

Form of Consent

Consent to medical treatment under this policy shall be in writing, signed by the school official giving consent, and given to the doctor, hospital, or other medical facility that administers the treatment.  The consent must contain:

  1. The name of the student.
  2. The name of one or both parents, if known, and the name of the managing conservator or guardian of the student, if either has been appointed.
  3. The name of the person giving consent and the person’s relation to the student.
  4. A statement of the nature of the medical treatment to be given.
  5. The date on which the treatment is to begin.

Family Code 32.002

The Superintendent or designee, Principal, Assistant Principal, Director of School and Student Services, Residential Director or the Health Center Director may provide consent for a student’s medical treatment pursuant to this policy.

Minor’s Consent to Treatment

A minor may consent to medical, dental, psychological, and surgical treatment furnished by a licensed physician or dentist if the minor:

  1. Is 16 years of age and residing separate and apart from the minor’s parents, managing conservator, or guardian, with or without the consent of the parents, conservator or guardian and regardless of the duration of the residence, and is managing his or her own financial affairs, regardless of the source of the income;
  2. Consents to the diagnosis and treatment of any infectious, contagious, or communicable disease required to be reported to the Texas Department of State Health Services, including all reportable diseases under Health and Safety Code 81.041;
  3. Is unmarried and pregnant, and consents to hospital, medical, or surgical treatment, other than abortion, related to her pregnancy; or
  4. Consents to examination and treatment for drug or chemical addiction, drug or chemical dependency, or any other condition directly related to drug or chemical use.

Family Code 32.003; Planned Parenthood of Cent. Mo. v. Danforth, 428 U.S. 52 (1976); Bellotti v. Baird, 443 U.S. 622 (1979)

POWER OF ATTORNEY FOR MEDICAL CARE OF AN ADULT STUDENT

A student over the age of 18 years and under no guardianship or incapacity must appoint a Power of Attorney for medical care while attending TSBVI.

The medical power of attorney takes effect if the student becomes unable to make their own health care decisions, and this fact is certified in writing by a physician or any other medical practitioner, including a licensed nurse or emergency medical person, or is otherwise incapacitated or unable to make their own decisions, for whatever reason, as determined by any staff member of TSBVI, in his, her or their sole and absolute discretion.

ADMINISTERING MEDICATION

Written Request from Parent

Prior to agreeing to administer medication to a student at the School, the student’s parent, guardian or person having authority to make decisions for the student:

  1. Shall provide the School a written request to administer student medication; and
  2. Shall provide the School a physician’s order for the medication to be administered; and
  3. Shall provide medication requested to be administered in a container that appears to be the original container and to be properly labeled.

Medication Administration at the School

Prescription and non-prescription medication for a student shall be administered in the School Health Center by a nurse or medication sponsor except that:

  1. Medication may be administered by a nurse or medication sponsor in a location other than the School Health Center with the approval of the Health Center Director, the Superintendent or the Principal;
  2. A student may self-administer certain medications in either the School Health Center or another location on the School campus with approval from the Health Center Director.
  3. A staff member, after completing medication sponsor training, may administer a student’s medication on a school field trip with written permission from the student’s parent, guardian or other person having authority to make decisions for the student.

By Volunteer Professionals

If TSBVI provides liability insurance for a licensed physician or registered nurse who provides volunteer services to the School, the Board may allow the physician or nurse to administer to any student nonprescription medication or medication currently prescribed for the student by the student’s personal physician.

Immunity

 

The School, the Board, and School employees are immune with respect to administering student medication provided:

  1. The School has received a written request to administer the medication from the parent, legal guardian, or other person having legal control of the student.
  2. When administering prescription medication, the medication is administered either:
    1. From a container that appears to be the original container and to be properly labeled; or
    2. From a properly labeled unit dosage container filled by a registered nurse, licensed vocational nurse, or another qualified TSBVI employee, as determined by School policy, from a container that appears to be the original container and to be properly labeled.

Education Code 22.052(a), (b); 30.024(c)

SELF-ADMINISTRATION OF ASTHMA OR ANAPHYLAXIS MEDICINE AND SELF-CARRY ADRENAL INSUFFICIENCY AND SEIZURE MEDICATION

A student with asthma or anaphylaxis may possess and self-administer prescription asthma or anaphylaxis medicine, or a student with adrenal insufficiency and seizure medication may possess but not self-administer emergency medication while on school property or at a school-related event or activity if:

  1. The medicine has been prescribed for that student as indicated by the prescription label on the medicine;
  2. The student has demonstrated to the student’s physician or other licensed health care provider and to the Health Center Director, the skill level necessary to self-administer and/or self-carry the prescription medication, including the use of any device required to administer the medication;
  3. The self-administration is done in compliance with the prescription or written instructions from the student’s physician or other licensed health care provider; and
  4. A parent of the student provides to the school:
    1. Written authorization, signed by the parent, for the student to self-administer the prescription asthma or anaphylaxis medicine while on school property or at a school-related event or activity; and
    2. A written statement, signed by the student’s physician or other licensed health care provider, that states:
      1. That the student has asthma, or dangerous allergies, seizures, or adrenal insufficiency and is capable of self-administering asthma and/or anaphylaxis medicines and/or self-carrying the seizure or adrenal insufficiency medicines;
      2. The name and purpose of the medicine;
      3. The prescribed dosage for the medicine;
      4. The times or circumstances the medicine may be administered; and
      5. The period of time the medicine is prescribed.

The physician’s statement must be kept on file in the student’s Health Center file and later maintained in the Center for School Resources’ central file. 

SELF-ADMINISTRATION OF SCHEDULED MEDICATIONS

A student with regularly scheduled medications may possess and self-administer medications while on

school property or at a school related event under the following conditions:

  1. A student is 16 years of age or older;
  2. Written authorization, signed by the parent, legal guardian or adult student, student’s dorm manager, student’s advisor, and Health Center Director has been obtained;
  3. The student has demonstrated to the licensed health care provider, the skill level necessary to self-administer the prescription medication, including the use of any device required to administer the medication;
  4. The self-administration is done in compliance with the prescription or written order;
  5. Instructions from the student’s physician or other licensed health care provider have been obtained; and
  6. The student must follow the rules expressed in the permission to self-administer medication form.

No Waiver of Immunity

The provisions above neither waive any liability or immunity, nor create any liability for or a cause of action against the School, the Board, or School employees. 

Education Code 30.024, 38.015

MAINTENANCE AND ADMININSTRATION OF EPINEPHRINE AUTO-INJECTORS

TSBVI adopts and implements this policy regarding the maintenance, administration, and disposal or epinephrine auto-injectors.

School personnel who are authorized and trained may administer an epinephrine auto-injector to a person who is reasonably believed to be experiencing anaphylaxis at the School campus, off-campus event, or while in transit to or from a School event.

TSBVI requires that the School have one or more school personnel authorized and trained to administer an epinephrine auto-injector present during hours of operation.

Epinephrine auto-injectors may be administered as provided under this section at School and at off-campus school sanctioned events.  The immunity provisions of this section shall apply in such cases.

The supply of epinephrine auto-injectors at TSBVI shall be stored in a secure location or maintained securely while in transit to or from off-campus school-sanctioned event and must be easily accessible to school personnel authorized and trained to administer an epinephrine auto-injector.

Education Code 38.208 

Training

TSBVI is responsible for training school personnel in the administration of an epinephrine auto-injector.

Training must be completed annually; provided in a formal training session or through online education; and include information on recognizing the signs and symptoms of anaphylaxis, administering an epinephrine auto-injector, and implementing emergency procedures, if necessary, after administering an epinephrine auto-injector. TSBVI shall maintain records on the required training.  Education Code 38.210

Standing Orders

A physician may prescribe epinephrine auto-injectors in the name of TSBVI to be maintained for use when necessary.  The prescribing physician shall provide the School, as appropriate, a standing order for the administration of school-supplied epinephrine auto-injectors to undesignated individuals who are reasonably believed to be experiencing anaphylaxis.  The order shall not be required to be patient-specific, and the administration may occur without prior established physician-patient relationship.  Notwithstanding the provisions of other law regarding delegation or supervision, supervision or delegation by a physician shall be adequate if the physician periodically reviews the order and is available through direct telecommunication as needed for consultation, assistance and direction.

Reports

No later than 10 business days after the of an epinephrine auto-injector by a school employee under the terms of this section, the School shall report to the Department of State Health Services.  Education Code 38.209

Notice to Parents

 TSBVI shall provide written notice of the policy for the maintenance, administration, and disposal of epinephrine auto-injectors, to a parent or guardian of each student enrolled in the School.  Notice of the policy must be provided by the School before the start of each school year.  Education Code 38.212

Gifts, Grants, and Donations

TSBVI may accept gifts, donations, grants, and federal and local funds for the support of the School in carrying out the provisions of this section.  Education Code 38.213

Immunity from civil Liability

A person who in good faith takes, or fails to take, any of the following actions under this section is immune from liability in any criminal or disciplinary action and for civil damages as a result of that act or failure to act, including:

  1. Issuing an order for epinephrine auto-injectors;
  2. Supervising or delegating the administration of an epinephrine auto-injector;
  3. Possessing, maintaining, storing, or disposing of an epinephrine auto-injector;
  4. Prescribing an epinephrine auto-injector;
  5. Dispensing an epinephrine auto-injector;
  6. Administering or assisting in administering, an epinephrine auto-injector;
  7. Providing or assisting in providing, training, consultation, or advice in development, adoption, or implementation of policies, guidelines, rules, or plans; or
  8. Undertaking any other act permitted or required under Education Code Chapter 38, Subchapter E. 

TSBVI, its Board and school personnel are immune from suit resulting from an act, or failure to act, including an act or failure to act under related policies and procedures. Education Code 22.052(a), (b)

An act or failure to act by school personnel including an act or failure to act under related policies and procedures, is the exercise of judgment or discretion on the part of the school personnel and is not considered to be a ministerial act for purposes of liability of the School.  Education Code Section 38.215

DIETARY SUPPLEMENTS

A School employee commits a Class C misdemeanor offense if the employee:

  1. Knowingly sells, markets, or distributes a dietary supplement that contains performance enhancing compounds to a primary or secondary education student with whom the employee has contact as part of the employee’s school duties; or
  2. Knowingly endorses or suggests the ingestion, intranasal application, or inhalation of a dietary supplement that contains performance enhancing compounds by a primary or secondary education student with whom the employee has contact as part of the employee’s school duties.

Education Code 38.011(a), (c)

PRESCRIPTION MEDICATION AND SPECIAL EDUCATION STUDENTS

A School employee is prohibited from requiring a child to obtain a prescription for a substance covered under the federal Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an evaluation for special education, or receiving special education and related services.

An employee is not prohibited from consulting or sharing classroom-based observations with parents regarding a student’s academic and functional performance, behavior in the classroom or school, or the need for evaluation for special education or related services.

20 U.S.C. 1412(a)(25)

PSYCHOTROPICS AND PSYCHIATRIC EVALUATIONS

A School employee may not:

  1. Recommend that a student use a psychotropic drug; or
  2. Suggest any particular diagnosis; or
  3. Use the refusal by a parent to consent to administration of a psychotropic drug to a student or to a psychiatric evaluation or examination of a student as grounds, by itself, for prohibiting the child from attending a class or participating in a school-related activity.
  4. Psychotropic drug means a substance that is used in the diagnosis, treatment, or prevention of a disease or as a component of a medication and intended to have an altering effect on perception, emotion, or behavior.

Education Code 38.016(b) does not:

  1. Prevent an appropriate referral under the Child Find system required under 20 U.S.C. Section 1412, as amended; or
  2. Prohibit a School employee who is a registered nurse, advanced nurse practitioner, physician, or certified or appropriately credentialed mental health professional from recommending that a child be evaluated by an appropriate medical practitioner; or
  3. Prohibit a School employee from discussing any aspect of a child’s behavior or academic progress with the child’s parent or another School employee.

A violation of Education Code 38.016(b) does not override the immunity from personal liability granted in Education Code 22.0511 or other law or the School’s sovereign or governmental immunity.

Education Code 38.016

SUNSCREEN PRODUCTS

A student may possess and use a topical sunscreen product while on school property or at a school-related event or activity to avoid overexposure to the sun and not for the medical treatment of any injury or illness if the product is approved by the federal Food and Drug Administration for over-the-counter use.  This provision does not waive any immunity from liability of the School, its Board, or its employees; or create any liability for or a cause of action against TSBVI, its Board, or its employees.  Education Code 38.021

Adopted:         7/13/79

Amended:       1/11/80, 3/9/90, 5/28/92, 9/26/97, 5/28/03, 1/22/10, 9/29/17, 8/9/18

Reviewed:

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:      

 Note:   See FB for the application of Section 504 of the Rehabilitation Act to students who qualify for individualized health plans.

DIABETES MANAGEMENT AND TREATMENT PLAN

The parent or guardian of a student who will seek care for diabetes while at TSBVI or while participating in a School activity, and the physician responsible for the student’s diabetes treatment, shall develop a diabetes management and treatment plan (DMTP).

Required Elements

The DMTP must:

  1. Identify the health-care services the student may receive at TSBVI;
  2. Evaluate the student’s ability to manage and level of understanding of the student’s diabetes; and
  3. Be signed by the parent or guardian and the physician.

Submission to School

The parent or guardian must submit the DMTP to TSBVI and the School must review the plan:

  1. Before or at the beginning of the school year;
  2. On enrollment of the student, if the student enrolls after the beginning of the school year; or
  3. As soon as practicable following a diagnosis of diabetes for the student.

Health and Safety Code 168.002

INDIVIDUALIZED HEALTH PLAN

Upon receiving the student’s DMTP, the school principal, or designee, and the Health Center Director shall develop an individualized health plan (IHP) for the student.  The IHP shall be developed in collaboration with the student’s parent or guardian and, to the extent practicable, the physician responsible for the student’s diabetes treatment and one or more of the student’s teachers.

A student’s IHP must incorporate components of the student’s DMTP, including the information required under Health and Safety Code 168.002(b) [see REQUIRED ELEMENTS, above].

Health and Safety Code 168.001(3),.003

INDEPENDENT MONITORING AND TREATMENT

In accordance with the student's individualized health plan, the School shall permit the student to attend to the management and care of the student's diabetes, which may include:

  1. performing blood glucose level checks;
  2. administering insulin through the insulin delivery system the student uses;
  3. treating hypoglycemia and hyperglycemia;
  4. possessing on the student's person at any time any supplies or equipment necessary to monitor and care for the student's diabetes; and
  5. otherwise attending to the management and care of the student's diabetes in the classroom, in any area of the school or School grounds, or at any school-related activity.

Health and Safety Code 168.008

REQUIRED CARE

Each school shall adopt a procedure to ensure that a school nurse or at least one unlicensed diabetes care assistant (UDCA) is present and available to provide the required care to a student with diabetes during the regular school day. A district may not restrict the assignment of a student with diabetes to a particular campus on the basis that the campus does not have the required UDCAs.  Health and Safety Code 168.007(c)-(d)

If a school nurse is assigned to a campus and the nurse is available, the nurse shall perform the tasks necessary to assist a student with diabetes in accordance with the student’s IHP.

SCHOOL NURSE NOT AVAILABLE

If a school nurse is not available, a UDCA shall perform the tasks necessary to assist the student in accordance with the student’s IHP and in compliance with any guidelines provided during UDCA training.  A UDCA may perform these tasks only if the parent or guardian of the student signs an agreement that:

  1. Authorizes a UDCA to assist the student; and
  2. States that the parent of guardian understands that a UDCA is not liable for civil damages [see IMMUNITY FROM LIABILITY, below].

Health and Safety Code 168.007(a)

UNLICENSED DIABETES CARE ASSISTANTS

Whenever TSBVI has a student with diabetes enrolled, the Principal, or designee, shall:

  1. Seek school employees who are not health-care professionals to serve as UDCAs and to care for students with diabetes; and
  2. Make efforts to ensure the School has at least one UDCA if a full-time nurse is assigned to the School.

“School employee” means a person employed by the School, a local health department that assists the School under Health and Safety Code Chapter 168 (Care of Students with Diabetes), or another entity with whom the School has contracted to perform its duties under that chapter.

“Unlicensed diabetes care assistant: means a TSBVI employee who has successfully completed the required training [see UDCA TRAINING, below].

A School employee may not be subject to any penalty or disciplinary action for refusing to serves as a UDCA.

A UDCA shall serve under the supervision of the principal.

Health and Safety Code 169.001(5)-(6), .003-.004

UDCA TRAINING

If a school nurse is assigned to a campus, the nurse shall coordinate the training of school employees acting as USDCAs.  Training for UDCAs must be provided by a health-care professional with expertise in the care of persons with diabetes or by a school nurse.  The training must include instruction in the elements set forth at Health and Safety Code 168.005(d).

Training must be provided before the beginning of the school year or as soon as practicable following:

  1. The enrollment of a student with diabetes at a campus that previously had no students with diabetes; or
  2. A diagnosis of diabetes for a student at a campus that previously had no students with diabetes.

The school nurse or principal shall maintain a copy of the training guidelines and any records associated with the training.

Health and Safety Code 168.005

________________________________________________________________________________

Note:        Guidance for the care of students with diabetes  is available on the Texas Department of State Health Services (TDSHS) website[i].

__________________________________________________________________________________

INFORMATION TO EMPLOYEES

The School shall provide to each School employee who is responsible for providing transportation for a student with diabetes or supervising a student with diabetes during an off-campus activity a one-page information sheet that:

  1. Identifies the student who has diabetes;
  2. Identifies potential emergencies that may occur as a result of the student’s diabetes and the appropriate responses to such emergencies; and
  3. Provides the telephone number of a contact person in case of an emergency involving the student with diabetes.

Health and Safety Code 168.006

IMMUNITY FROM LIABILITY

A school employee may not be subject to any disciplinary proceeding, as defined by Education Code 22.0512(b), resulting from any action taken in compliance with Health and Safety Code Chapter 168. 

The requirements of Chapter 168 are considered to involve the employee’s judgment and discretion and are not considered ministerial acts for purposes of immunity under Education Code 22.0511.  Health and Safety Code 168.009(b)  [See DG]

A school nurse is not responsible for and may not be subject to disciplinary action under Occupations Code Chapter 301 for actions performed by a UDCA. Health and Safety Code 168.009(b)

A UDCA who assists a student as provided above [see REQUIRED CARE, above] in compliance with the student’s IHP:

  1. Is not considered to be engaging in the practice of professional or vocational nursing under Occupations Code Chapter 301 or other state law; and
  2. Is exempt from any applicable state law or rule that restricts the activities that may be performed by a person who is not a health-care provider.

A UDCA may exercise reasonable judgment in deciding whether to contact a health-care provider in the event of a medical emergency involving a student with diabetes.

Health and Safety Code 168.007(e)-(f)

STUDENTS AT RISK FOR ANAPHYLAXIS

The Board adopts and administers this policy for the care of students with a diagnosed food allergy at risk for anaphylaxis based on Guidelines for the Care of Students with Food Allergies At-Risk for Anaphylaxis[ii] developed by the commissioner of state health services.  [See FFAC]  TSBVI shall annually review this policy and, as necessary, revise it for the care of students with diagnosed food allergy at risk for anaphylaxis to ensure the policy is consistent with the most current version of the guidelines.  This section does not waive any liability or immunity of the School or its officers or employees or create any liability for or a cause of action against the School or its officers or employees. Notwithstanding any other law, these provisions do not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides the basis for a cause of action.  Education Code 38.0151(a)-(b), (d), (i)-(j)

TSBVI provides for the maintenance, administration, and disposal of epinephrine auto-injectors under Education Code Chapter 38, Subchapter E [see FFAC] and is not required to comply with Education Code 38.0151.  Education Code 38.0151(f)

Website Requirements

Each school year, the Board shall post a summary of the guidelines on the School’s website [see CQA], including instructions on obtaining access to the complete guidelines document.  TSBVI’s website must be accessible by each student enrolled in the School and a parent or guardian of each student.  Any forms used by TSBVI requesting information from a parent or guardian enrolling a child with a food allergy must include information to access on the School’s website a summary of the guidelines and instructions on obtaining access to the complete guidelines document.  Education Code 38.0151(b)

SEIZURE MANAGEMENT AND TREATMENT PLAN

The parent or guardian of a student with a seizure disorder may seek care for the student’s seizures while the student is at school or participating in a school activity by submitting to the School at which the student is enrolled a copy of a seizure management and treatment plan developed by the student’s parent or guardian and the physician responsible for the student’s seizure treatment.  The plan must be submitted to and reviewed by TSBVI:

  1. Before or at the beginning of the school year;
  2. On enrollment of the student, if the student enrolls in the district after the beginning of the school year; or
  3. As soon as practicable following a diagnosis of a seizure disorder for the student.

Plan Requirements

A seizure management and treatment plan must:

  1. Identify the health-care services the student may receive at school or while participating in a school activity;
  2. Evaluate the student’s ability to manage and level of understanding of the student’s seizures; and
  3. Be signed by the student’s parent or guardian and the physician responsible for the student’s seizure treatment.

Education Code 38.032(a)-(b)

Immunity

The care of a student with a seizure disorder by a TSBVI employee under a seizure management plan submitted under Education Code 38.032 is incident to or within the scope of the duties of the employee’s position of employment and involves the exercise of judgment or discretion on the part of the employee for purposes of Education Code 22.0511, regarding immunity from liability.

The immunity from liability provided by Education Code 22.0511 applies to an action or failure to act by a TSBVI employee in administering a medication, assisting with self-administration, or otherwise providing for the care of a student under a seizure management plan submitted for the student.

Education Code 38.032(c)-(d)

[See DMA for seizure recognition and related first aid training.] 

[i] TDSHS Guidance for the Care of Students with Diabetes: (www.dshs.texas.gov/schoolhealth/tgshs/hlthconds/) 

[ii] TDSHS Guidelines for Care of Students with Food Allergies At-Risk for Anaphylaxis: (dshs.texas.gov/schoolhealth/allergiesandanaphylaxis/)

 

Adopted:         11/18/05

Amended:       1/22/10, 1/25/13, 8/9/18, 1/31/20

Reviewed:

PURCHASING INSURANCE

The Board may purchase insurance against bodily injury sustained by students while training for or engaging in interscholastic athletic competition or while engaging in school-sponsored activities on campus.  Such insurance shall be purchased from a reliable insurance company authorized to do business in Texas and shall be on forms approved by the commissioner of insurance.  The amount shall be in keeping with the School's financial condition and shall not exceed the amount that the Board considers reasonably necessary to afford adequate medical treatment of students so injured.

PAYMENT OF PREMIUMS

The cost of student insurance shall constitute a legitimate part of the total cost of operating the School.

NO LIABILITY FOR FAILURE TO PURCHASE

The failure of the Board to purchase student insurance shall not be construed as placing any legal liability upon the School or its officers, agents, or employees, for any injury that may result.

Education Code 33.085

OTHER COVERAGE

The School is not authorized to spend public funds on insurance to benefit a person to whom it owes no legal duty and shall not expend public funds for that purpose.  Unauthorized insurance includes no-fault personal injury protection and uninsured motorist coverage.   Tex. Const., Art. 3, Secs. 50-52; Atty. Gen. Op. H-602 (1975)

Adopted: 11/13/81
Amended: 5/28/92, 3/22/96, 5/23/97, 1/24/02
Reviewed: 3/21/03

CONSENT TO EXAMINATIONS, TESTS, OR TREATMENT

A TSBVI employee must obtain the written consent of a child’s parent before the employee may conduct a psychological examination, test, or treatment, unless the examination, test, or treatments is required by:

  1. DFPS’s and/or TEA’s policy concerning child abuse investigations and reports under Education Code 38.004; or
  2. State or federal law regarding requirements for special education.

Education Code 26.009(a)(1);38.004; Family Code 261.003, .401  [See FNG]

CONSENT TO COUNSELING

A minor student may consent to counseling or counseling in conjunction with treatment by a physician, psychologist, counselor, or social worker licensed or certified by the state, within the scope of the professional's license, if the treatment and/or counseling is for suicide prevention, chemical addiction or dependency, or sexual, physical or emotional abuse.  Family Code 32.004(b),(c)

CONSENT TO LSSP SERVICES

Informed consent for a licensed specialist in school psychology (LSSP) must be obtained in accordance with the Individuals with Disabilities Education Improvement Act (IDEA) and the U.S. Department of Education’s rules governing parental consent when delivering school psychological services in the public schools, and is considered to meet the requirements for informed consent under the Texas State Board of Examiners of Psychologists (TSBEP) rules.  No additional informed consent, specific to any TSBEP rules, is necessary in this context.

22 TAC 465.38(g)

PROFESSIONAL'S AUTHORITY

Unless consent is refused by an order of a court, a physician, psychologist, counselor, or social worker licensed or certified by the state may counsel a child without the consent of the child's parents, managing conservator, or guardian when the physician, psychologist, counselor, or social worker has reasonable grounds to believe that a child has been sexually or physically abused, is contemplating suicide, or is involved in chemical addiction, dependency, or abuse.

A physician, psychologist, counselor, or social worker licensed or certified by the state may, with or without the consent of a child who is a client, advise the parents, managing conservator, or guardian of the treatment given or needed by the child.

A physician, psychologist, counselor, or social worker licensed or certified by the state may rely on the written statement of the child containing the grounds on which the child has capacity to consent to his or her own treatment.

Professional's Liability Immunity

A psychologist, counselor, or social worker licensed or certified by the state is not liable for damages except those damages that may result from his or her negligence or willful misconduct.  Family Code 32.004(d)

OUTSIDE COUNSELORS

Neither the School nor an employee of the School may refer a student to an outside counselor for care or treatment of a chemical dependency or an emotional or psychological condition unless the School does all of the following:

  1. Obtains prior written consent for the referral from the student's parent, managing conservator, or guardian;
  2. Discloses to the student's parent, managing conservator, or guardian any relationship between the School and the outside counselor;
  3. Informs the student and the student's parent, managing conservator, or guardian of any alternative public or private source of care or treatment reasonably available in the area;
  4. Requires the approval of appropriate School personnel before a student may be referred for care or treatment or before a referral is suggested as being warranted; and
  5. Specifically prohibits any disclosure of a student record that violates state or federal law.

Education Code 38.010

[See FFEA for information on the comprehensive guidance program.  See FFB for mental health-care services provided by the threat assessment and safe and supportive school team.]

Adopted:         9/25/92

Amended:       1/24/97, 5/25/05, 1/31/20

Reviewed:

RESPONSIBILITY

The Superintendent is responsible for ensuring the health and safety of TSBVI students.

PROCEDURES

The Superintendent shall ensure that procedures are implemented to safeguard student health and safety.  These procedures shall provide for:

Prevention

  1. A regular program for preventing student accident and injury that includes an effective method of analyzing characteristics of student accidents and injuries, such as the nature and location of the injury, and the development and implementation, on an ongoing basis, of measures to prevent student accidents and injuries within the educational and residential programs both on campus grounds and within campus buildings as well as during educational and residential activities that occur off campus.

RESPONSE

  1. Provisions for responding to individual student accidents and injuries promptly and effectively, including taking remedial measures, when appropriate, to prevent reoccurrence of accidents of the same type.

REPORT TO BOARD

At the request of the Board, the Superintendent or his/her designee, shall present to the Board a summary report of student accidents and injuries.

NOTICE OF EDUCATOR MISCONDUCT

The Board shall adopt a policy under which notice is provided to the parent or guardian of a student with whom an educator is alleged to have engaged in the following misconduct:

  1. The educator abused or otherwise committed an unlawful act with a student or a minor. Education Code 21.006(b)(2)(A)
  2. The educator was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor. Education Code 21.006(b)(2)(A-1)

The notice must inform the parent or guardian:

  1. That the alleged misconduct occurred;
  2. Whether the educator was terminated following an investigation of the alleged misconduct or resigned before completion of the investigation; and
  3. Whether a report was submitted to the State Board for Educator Certification concerning the alleged misconduct.

The policy must require that information specified in item 1 above be provided as soon as feasible after TSBVI becomes aware that alleged misconduct may have occurred.

Education Code 21.0061

DEPICTION OF MINORS IN VISUAL MATERIAL

Definitions

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

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

“Harassment” has the meaning assigned by Education Code 37.001. [See FO]

“Sexual Conduct” has the meaning assigned by Penal Code 43.25.

Programs

The Texas School Safety Center, in consultation with the office of the attorney general, shall develop programs for use by TSBVI that address:

  1. The possible legal consequences, including criminal penalties, of sharing visual material depicting a minor engaged sexual conduct;
  2. Other possible consequences of sharing visual material depicting a minor engaged in sexual conduct, including:
    1. Negative effects on relationships;
    2. Loss of educational and employment opportunities; and
    3. Possible removal, if applicable, from certain school programs or extracurricular activities;
  1. The unique characteristics of the Internet and other communications networks that could affect visual material depicting a minor engaged in sexual conduct, including:
    1. Search and replication capabilities; and
    2. Potentially worldwide audience;
  2. The prevention of, identification of, responses to, and reporting of incidents of bullying; and
  3. The connection between bullying, cyberbullying, harassment, and a minor sharing visual material depicting a minor engaged in sexual conduct.

TSBVI shall annually provide or make available information on these programs to parents and students in a grade level the School considers appropriate.  TSBVI shall provide or make available the information by any means the School considers appropriate.

Education Code 37.218

Adopted:         11/17/95

Amended:       11/6/98, 5/28/03, 8/9/18

Reviewed: 

 

SUPERINTENDENT RESPONSIBILITY

The Superintendent shall ensure that all TSBVI students are safely and adequately supervised during school hours and after school and during all school-related functions.

The Superintendent shall ensure that all students are safely and adequately supervised and that all student activities are appropriate to the abilities and ages of student participants and are designed to:

  1. Minimize and prevent the occurrence of student injury.
  2. Accommodate the student’s need for medical care related to the student’s medical condition or to a student injury.

LEVEL AND METHOD OF SUPERVISION

The number of staff present and supervising at each student activity and the method of student supervision used shall be determined based on the following factors.

  1. The nature of the activity.
  2. The location of the activity.
  3. The age of the students participating in the activity.
  4. The ability of the students participating in the activity.

INFORMING STAFF

The Superintendent shall ensure that all staff who directly supervise a student or students during school hours and after school or during school-related functions are informed of the required levels and methods of supervision.

Information regarding each student’s level of supervision is included in the Student Care Summary available on the TSBVI Intranet to staff assigned to each student. (See Procedure P.1.6)

When appropriate, the kinds of information given to staff persons might include such information as whether the student or students need(s) continuous or non-continuous supervisory presence of a staff member.

REPORTING UNSAFE SUPERVISION

Each staff member shall report immediately to his/her supervisor any incident when, in the staff person’s opinion, students are not safely and adequately supervised.   If a staff member has reason to believe that a failure to properly supervise a student has exposed a student or students to likely physical harm, the suspecting staff member must report that belief in accord with Board Policy FFG, Abuse, Neglect, Exploitation, and Improper Care.

Adopted:         3/31/98
Amended:       3/21/03, 11/20/15
Reviewed: