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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:      

 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:

PURPOSE

This policy is to ensure that TSBVI staff shall report in accord with this policy and/or all applicable laws suspected abuse, neglect, exploitation, and improper care of students.   The Family Code designates TSBVI as an investigating agency for incidents alleged to have occurred at the School.  The School shall investigate all reports of suspected abuse, neglect, and exploitation, and reports of suspected improper care that might rise to the level of abuse, neglect or exploitation.  The primary purposes of this policy are to protect students from harm and to ensure compliance with Texas Family Code (TFC) and corresponding state rules and regulations.  Because of our students’ common vulnerabilities, a higher standard of care and reporting is required at TSBVI, which includes reporting suspected “improper child care”.  Family Code 261.003, .401

SCOPE

The law imposes a duty on everyone, from ordinary citizens to relatives, teachers, doctors, lawyers, and religious officers to report suspected child abuse or neglect under penalty of criminal prosecution for the failure to do so.  This policy applies to all situations in which a report regarding possible abuse, neglect, exploitation or improper care of a student is required, regardless of the age of student.

Situations where a student has allegedly acted improperly towards another student shall be dealt with under any applicable law and other TSBVI policies and procedures.   

ANTI-VICTIMIZATION PROGRAM

The School shall provide child abuse anti-victimization programs in elementary and secondary programs.

Education Code 38.004

DEFINITIONS

Abuse, Neglect, Exploitation, And Improper Care

The following definitions apply to the School:

  1. "Abuse" means any intentional, knowing, or reckless act or omission by an employee, volunteer, or other individual working under the auspices of a facility that causes or may cause emotional harm or physical injury, (whether substantial or not), or the death of, a child served by the facility as further described by rule or policy. Abuse includes both physical and sexual abuse.  
  2. "Neglect" means a negligent act or omission by an employee, volunteer, or other person working under the auspices of a facility, including failure to comply with an individual treatment plan, plan of care, or individualized service plan, that causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility as further described by rule or policy.
  3. "Exploitation" means the illegal or improper use of a child or of the resources of a child served by a facility for monetary or personal benefit, profit, or gain by an employee, volunteer, or other individual working under the auspices of a facility as further described by rule or policy.

Family Code 261.001; Penal Code 21.11

  1. “Improper Care” means any action or omission on the part of an employee, volunteer, or other individual working under the auspices of TSBVI that constitutes a seriously inappropriate action or omission, or a pattern of actions or omissions, which are contrary to school standards.  Improper care adversely affects the student’s overall sense of safety, security, or well-being but does not pose the threat of bodily injury or a substantial risk of immediate harm to the student that would constitute abuse, neglect or exploitation as those terms are defined in Texas Family Code 261.001.  Improper care includes an inappropriate or unapproved verbal or physical method of interacting with or disciplining a student.  Examples include but are not limited to, participating in or knowingly permitting teasing, hazing, bullying, deprivation of food, and all forms of corporal punishment.   

PROCEDURES

The Superintendent shall ensure that procedures are adopted to implement the requirements of this policy.  Family Code 261.401

DUTY TO REPORT

Report of Child Abuse, Neglect or Exploitation

Any TSBVI employee, volunteer or other individual working under the auspices of TSBVI who has cause to believe that the physical, or mental, health, or welfare of a student regardless of age, has been, or may be, adversely affected by abuse, neglect, or exploitation by any person shall immediately report such belief to:

  1. a local, or state, law enforcement authority; or
  2. the Texas Department of Family and Protective Services (DFPS), Child Protective Services Division toll free number 1-800-252-5400, on line at https://www.txabusehotline.org; or
  3. the appropriate TSBVI official, as set forth in TSBVI Administrative Procedure “Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care”.  See Reporting Suspected Abuse or Neglect of a Child: Reporting Basics and A Guide for Professionals http://www.dfps.state.tx.us/training/reporting/

Texas Family Code 261.101

Making a report is mandatory.  Texas Family Code 261.103(c)

TSBVI shall immediately notify the appropriate state or local law enforcement agency of any report TSBVI receives, other than a report from a law enforcement agency, that concerns the suspected abuse, neglect, or exploitation of a child or the death of a child from abuse or neglect.  If TSBVI finds evidence indicating that a child may have been abused, neglected, or exploited, TSBVI shall report the evidence to the appropriate law enforcement agency.  If a child appears to need immediate medical attention or is in immediate danger, call 911.

Texas Family Code 261.401(d), 261.402(b)

If a person makes a report of suspected abuse, neglect, or exploitation by an employee, volunteer or other person working under the auspices of TSBVI to one of the entities listed in numbers 1 through 3 above, that person shall also make an immediate report to TSBVI in the manner specified in TSBVI Administrative Procedure “Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care”.    

Contents of Report - External

A report alleging suspected abuse or neglect while the student was not in the care of TSBVI that is made to the Texas Department of Family or Protective Services Hotline or to a local or state law enforcement agency shall contain, if known, 1) the name and address of the child, 2) the name and address of the person responsible for the care, custody, or welfare of the child, if available, and 3) any other pertinent information concerning the alleged or suspected abuse, neglect, or exploitation.  Family Code 261.102, .103, .104

Report of Abuse, Neglect, Exploitation or Improper Care - Internal

Any TSBVI employee, volunteer, or other individual working under the auspices of TSBVI having cause to believe that a student of any age has been or may be exploited or the subject of improper care while in the care, custody, or control of the School, shall immediately report such belief to the appropriate TSBVI official, as set forth in TSBVI Administrative Procedure “Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care”.   Family Code 261.401

Psychotropic Drugs and Psychological Testing

An employee may not use or threaten to use the refusal of a parent, guardian, or managing or possessory conservator of any TSBVI student to administer or consent to the administration of a psychotropic drug to the student, or to consent to any other psychiatric or psychological testing or treatment of the student, as the sole basis for making a report of neglect of the student under Subchapter B, Chapter 261, Family Code, unless the employee has cause to believe that the refusal:

  1. Presents a substantial risk of death, disfigurement, or bodily injury to the student, or
  2. Has resulted in an observable and material impairment to the growth, development, or functioning of the student.

Education Code 26.0091; Family Code 261.111(a)

Psychotropic drug means a substance that is:

  1. Used in the diagnosis, treatment, or prevention of a disease or as a component of a medication; and
  2. Intended to have an altering effect on perception, emotion, or behavior.

Family Code 261.111(a)

PROHIBITION AGAINST DELEGATION

An employee, volunteer, or other individual working under the auspices of TSBVI may not delegate to or rely on another person to make any report required under this policy or TSBVI Administrative Procedure “Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care”.   Family Code 261.101(b)

CONFIDENTIALITY

A report of alleged or suspected abuse or neglect and the identity of the person making the report are confidential and not subject to release under Government Code Chapter 552 (Public Information Act) and may be disclosed only for purposes consistent with federal or state law or under rules adopted by an investigating agency.  Family Code 261.201(a)(1)

Unless waived in writing by the person making the report, the identity of an individual making a report is confidential and may be disclosed only to a law enforcement officer for the purposes of a criminal investigation of the report, or as ordered by a court under accordance with Texas Family Code 261.201.  Family Code 261.101(d)

IMMUNITY FROM LIABILITY

A person filing a report in good faith or testifying or otherwise participating in any judicial proceeding arising from a petition, report, or investigation is immune from civil or criminal liability on account of his or her good faith, report, testimony or participation, unless the person acted in bad faith or with a malicious purpose.  Family Code 261.106

The School may not suspend or terminate the employment of, or otherwise discriminate against a professional who makes a good faith report of abuse or neglect.  Family Code 261.110  [See DG]

INVESTIGATIONS BY TSBVI

Conducting Investigations

TSBVI shall make a prompt, thorough investigation of any report that a student has been, or may be, abused, neglected, or exploited, while at the School, or under the care of the School.  The primary purpose of the investigation shall be the protection of the student.

Family Code 261.003; 261.401(b), (d)

Investigative Reports

The School shall:

  1. Prepare and keep on file a complete written report of each investigation conducted by the School.
  2. Compile, maintain, and make available statistics on the incidence of student abuse, neglect, and exploitation investigated in the School.
  3. Report to the appropriate law enforcement agency evidence indicating that a student may have been abused, or neglected, if the School finds such evidence.

Family Code 261.402

Disclosure of Investigative Documents

The reports of alleged, or suspected, abuse, neglect, exploitation, or improper care, the identity of the person making such a report, and the files and reports, records, communications, audio tapes, video tapes and working papers used, or developed in an investigation, or in providing services as a result of

such investigation are confidential, and are not subject to public release under Chapter 552 Government Code.

Family Code 261.201(a); Human Resources Code 48.101

Exception: Release of Information

The Superintendent shall release information as required by Family Code 261.201(b), (b-1) and (c).

The Superintendent may release to the parent of a student, about whom a report of abuse or neglect has been made, information which otherwise would be confidential under Family Code 261.201(a) or Human Resources Code 48.101(b) when:

  1. In the Superintendent's judgment the release of the report is in the best interests of the student; and
  2. The student's parent is not the person reported to have abused or neglected the student.

When information is released under this policy, the following information shall be excised:

  1. The names and any other identifying information about all students, other than the student who was reported to have been abused or neglected;
  2. The name of the person making the report of abuse or neglect; and
  3. The names of all witnesses.

Family Code 261.201(a); Human Resources Code 48.101(b)

COMPLAINT

If the School receives a complaint relating to an investigation conducted by a TSBVI official, the complaint shall be referred to the Superintendent who will place the complaint before the School’s Board of Trustees.

Family Code 261.403(a); Human Resources Code 48.301(e)

EMPLOYEE TRAINING

As part of new employee orientation and annually thereafter, each employee shall receive training in the responsibilities associated with this policy and the implementing procedure.

DISTRIBUTION OF POLICY AND PROCEDURE

Each TSBVI employee shall receive a copy of this policy and its implementing procedure during new employee orientation and at the beginning of each school year, and shall sign a receipt so indicating.    [See DH and DMA] Education Code 38.0041; 19 TAC 61.1051(c)

INFORMATON FOR VOLUNTEERS AND INDIVIDUALS WORKING UNDER TSBVI AUSPICES

Any volunteer or individual working under the auspices of TSBVI shall receive training in the volunteer’s or individual’s reporting requirements under this policy and a copy of the policy prior to providing services to TSBVI and such individuals shall sign a receipt so indicating.    

REQUIRED POSTER

The School shall place a poster of the following specifications in the elementary and secondary instructional buildings in at least one high-traffic, highly and clearly visible public area that is readily accessible to and widely used by students.  The poster must:

  1. Be in a format and language that is clear, simple, and understandable to students;
  2. Be in English and Spanish;
  3. Be 11 x 17 inches or larger;
  4. Be in large print and braille. The braille version can be a separate poster.
  5. Be placed at eye-level to the student for easy viewing; and
  6. Include the following information:
    1. The current toll-free DFPS Abuse Hotline telephone number (in bold print);
    2. Instructions to call 911 for emergencies; and
    3. Directions for accessing the DFPS website (http://www.txabusehotline.org) for more information on reporting abuse, neglect, or exploitation.
    4. Directions for contacting a TSBVI social worker.

Education Code 38.0042; 19 TAC 61.1051(e), (f)

PERIODIC REVIEW

The TSBVI Internal Auditor shall review this policy and the procedures implementing this policy a minimum of once every three years.  Family Code 261.403(b)

BOARD POLICY and ANNUAL REVIEW

The Board adopts and shall annually review this policy for reporting child abuse and neglect.  The policy shall follow the requirements of Texas Family Code Chapter 261.  This policy does not require that school personnel report suspicion of child abuse or neglect to a school administrator before making a report to a local or state law enforcement agency or the Texas Department of Family and Protective Services Hotline.  However, it is the policy of the Board that school personnel make an additional report to the School’s appointed Investigating Social Worker if the reporter chooses to make his or her initial report to one of the external agencies.  The sole purpose for this internal reporting requirement is the immediate safety of the student and must not in any way impede a thorough and timely investigation.  19 TAC 61.1051(a)

TSBVI COLLABORATION WITH OTHER STATE OR LOCAL LAW ENFORCEMENT AGENCIES

TSBVI shall immediately notify the appropriate state or local law enforcement agency of any report that TSBVI receives, other than a report from a law enforcement agency, that concerns the suspected abuse, neglect or exploitation of a child or the death of a child from abuse or neglect.   

Department of Family and Protective Services (DFPS) and law enforcement agencies that receive a report of alleged abuse, neglect, or exploitation of a student when in the care of TSBVI shall notify the School so that it can initiate the required investigation.  A state or local law enforcement agency may choose to conduct the investigation instead of TSBVI when there is reason to suspect criminal conduct has occurred.  Family Code 261.402(b)

Interview of Student

The investigating agency shall be permitted to interview the child at any reasonable time and place, including at the school.  Family Code 261.302(b)

Video or Audiotaping of Student Interview

Any interview of a student as part of an investigation of alleged or suspected physical or sexual abuse shall be recorded by video or audio devices.  The School shall do so in accord with Administrative Procedure P.1.7, “Abuse, Neglect, Exploitation and Improper Care:  Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care.”  Family Code 261

Interference with Investigation

A person may not interfere with the investigation of a report of child abuse or neglect conducted by DFPS.  Family Code 261.303(a)

Confidentiality

A photograph, videotape, audiotape, or other audio or visual recording, depiction, or documentation of a child that is made in the course of an inspection or investigation is confidential, is not subject to release under the Texas Public Information Act, and may be released only as required by state or federal law or rules.  Human Resources Code 42.004

CRIMINAL OFFENSES

Failure to Report Abuse, Neglect, or Exploitation

A person commits a class A misdemeanor if the person is required to make a report under Family Code 261.101(a) and knowingly fails to make a report as provided by law.  A professional commits a state jail felony if he or she intended to conceal the abuse or neglect.  Family Code 261.109; Human Resources Code 48.051, 48.052, 48.054

Failure to Report Improper Child Care

Failure to report improper child care violates this Board’s policy.

TSBVI Response to Failure to Report Employee Subject to Disciplinary Action

Any TSBVI employee who does not report a belief of student abuse, neglect, exploitation, or improper child care in accordance with the provisions of this policy and TSBVI Administrative Procedure “Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care” may be subject to disciplinary action up to and including termination.

Removal from Service of Volunteer or Other Individual

Any TSBVI volunteer or individual working under the auspices of TSBVI who does not report a suspicion of student abuse, neglect, exploitation, or improper child care in accordance with the provisions of this policy may be immediately prohibited from providing further services to TSBVI.

False Report

A person commits an offense if, with the intent to deceive, the person knowingly makes a false report of abuse or neglect.  The offense is a state jail felony, except that it is a felony of the third degree if the person has previously been convicted of the offense.  Family Code 161.107(a)

Coercion

A public servant, including a school administrator, who coerces another into suppressing or failing to report child abuse or neglect to a law enforcement agency commits a class C misdemeanor offense.   Penal Code 39.06

SBEC Disciplinary Action

Failure to report child abuse or neglect violates the Educator's Code of Ethics and may result in sanctions against an educator's certificate, as addressed in 19 TAC Chapter 249.  19 TAC 61.1051(a)(2)(A)

Adopted: 2/9/79

Amended: 11/11/83, 10/25/85, 1/14/88, 6/1/89, 9/27/90, 3/26/93, 11/17/95, 9/25/98, 12/1/00, 11/22/02, 1/30/04, 11/19/04, 11/18/05, 1/26/07, 11/16/07, 11/20/09, 11/19/10, 11/18/11, 1/25/13, 1/31/14, 4/10/15, 4/8/16, 11/18/16, 4/7/17, 9/28/18, 8/9/19

Reviewed:

Sexual abuse of a student by an employee, when there is a connection between the physical sexual activity and the employee's duties and obligations as a school employee, violates a student's constitutional right to bodily integrity. Sexual abuse may include fondling, sexual assault, or sexual intercourse.  U.S. Const. Amend. 14; Doe v. Taylor ISD, 15 F.3d 443 (5th Cir. 1994)

Sexual harassment of students may constitute discrimination on the basis of sex in violation of Title IX.
20 U.S.C. 1681; 34 CFR 106.11; Franklin v. Gwinnett County Schools, 503 U.S. 60 (1992)

SEXUAL HARASSMENT PROHIBITED

The School prohibits sexual harassment and harassment based on a person’s race, color, gender, national origin, disability, or religion. 

Employees shall not tolerate harassment of students and shall make reports as required at REPORTING PROCEDURES, below.

DEFINITION OF SEXUAL HARASSMENT

Sexual harassment of students is conduct that is so severe, pervasive, and objectively offensive that it can be said to deprive the victim of access to the educational opportunities or benefits provided by the school. Sexual harassment does not include simple acts of teasing and name-calling among school children, however, even when the comments target differences in gender.  Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (1999)

SEXUAL HARASSMENT

By An Employee

Sexual harassment of a student by a School employee includes both welcome and unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:

  1. A School employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or
  2. The conduct is so severe, persistent, or pervasive that it:
    1. Affects the student’s ability to participate in or benefit from an educational program or activity, or otherwise adversely affects the student’s educational opportunities; or
    2. Creates an intimidating, threatening, hostile, or abusive educational environment.

Romantic or inappropriate social relationships between students and School employees are prohibited. Any sexual relationship between a student and a School employee is always prohibited, even if consensual.

A TSBVI Principal, Residential Director, Director of Human Resources, the Superintendent, or the Superintendent’s designee shall address alleged harassment of students by employees and shall take corrective measures to address the harassment.

By Others

Sexual harassment of a student, including harassment committed by another student under the School’s disciplinary authority, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it:

  1. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
  2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
  3. Otherwise adversely affects the student’s educational opportunities.

Examples

Examples of sexual harassment of a student may include, but are not limited to, sexual advances; touching intimate body parts or coercing physical contact that is sexual in nature; jokes or conversations of a sexual nature; and other sexually motivated conduct, communications, or contact.

Necessary or permissible physical contact such as assisting a child by taking the child’s hand, comforting a child with a hug, or other physical contact not reasonably construed as sexual in nature is not sexual harassment.

CORRECTIVE ACTION

A school official who has authority to address alleged harassment by employees on the school’s behalf shall take corrective measures to address the harassment or abuse.

Gebser v. Lago Vista ISD, 118 S.Ct. 1989 524 U.S. 274 (1998); Doe v. Taylor ISD, 15 F.3d 443 (5th Cir. 1994)

RESPONDING TO STUDENT-STUDENT SEXUAL HARASSMENT

The School must reasonably respond to known student-on-student harassment where the harasser is under the School’s disciplinary authority.  Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (1999)

OTHER PROHIBITED HARASSMENT

Prohibited harassment of a student is defined as physical, verbal, or nonverbal conduct based on the student’s race, color, gender, national origin, disability, or religion that is so severe, persistent, or pervasive that the conduct:

  1. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
  2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
  3. Otherwise adversely affects the student’s educational opportunities.

Examples

Examples of prohibited harassment may include, but are not limited to, offensive or derogatory language directed at another person’s religious beliefs or practices, accent, skin color, or need for accommodation; threatening or intimidating conduct; offensive jokes, name calling, slurs, or rumors; physical aggression or assault; display of graffiti or printed material promoting racial, ethnic, or other negative stereotypes; or other kinds of aggressive conduct such as theft or damage to property.

REPORTING PROCEDURES

Any student who believes that he or she has experienced prohibited harassment should immediately report the alleged acts to a teacher, counselor, principal, or other School employee.

Any School employee who receives notice that a student has or may have experienced prohibited harassment is required to immediately report the alleged acts to an appropriate person designated below.

Any other person who knows or believes that a student has experienced prohibited harassment should immediately report the alleged acts to the appropriate person designated below.

Reports of known or suspected child abuse or neglect shall be made as required by law.

Timely Reporting

Reports of harassment shall be made as soon as possible after the alleged acts. A failure to promptly report alleged harassment may impair the School’s ability to investigate and address the harassment.

Oral or written reports of prohibited harassment shall normally be made to the Principal. A person shall not be required to report harassment to the alleged harasser; nothing in this policy prevents a person from reporting harassment directly to either the Superintendent or the Director of School and Student Services/Title IX Coordinator. 

A report against the Title IX coordinator may be made directly to the Superintendent; a report against the Superintendent may be made directly to the Board.

If there is reason to believe that the behavior might rise to the definition of abuse, an investigation and corrective action shall be done in accord with Policy FFG and Administrative Procedure P.1.7.

NOTIFICATION OF REPORT

Upon receipt of a report of harassment, a principal shall immediately notify the appropriate School official listed above.

NOTICE TO PARENTS

The principal or School official shall promptly notify the parents of any student alleged to have experienced prohibited harassment by a School employee or another adult associated with the School. In cases of student-to-student harassment, the School shall promptly notify the parents of any student alleged to have experienced harassment when the allegations presented, if proven, would constitute sexual harassment or other prohibited harassment as defined by School policy.

CONFIDENTIALITY

To the greatest extent possible, the School shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law.

INVESTIGATION OF THE REPORT

The School may request, but shall not insist upon, a written report.  If a report is made orally, the School official shall reduce the report to written form.

Upon receipt or notification of a report, the School official shall determine whether the allegations, if proven, would constitute sexual harassment or other prohibited harassment as defined by School policy. If so, the School official shall immediately authorize or undertake an investigation.

If appropriate, the School shall promptly take interim action to prevent harassment during the course of an investigation.

The investigation may be conducted by the School official or a designee or by a third party designated by the School, such as an attorney. When appropriate, the Principal shall be involved in or informed of the investigation.

The investigation may consist of personal interviews with the person making the report, the person against whom the report is filed, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analysis of other information or documents related to the allegations.

The School’s obligation to conduct an investigation is not satisfied by the fact that a criminal or regulatory investigation regarding the same or similar allegations is pending.

CONCLUDING THE INVESTIGATION

Absent extenuating circumstances, the investigation should be completed within ten business days from the date of the report; however, the investigator shall take additional time if necessary to complete a thorough investigation.

The investigator shall prepare a written report of the investigation. The report shall be filed with the School official overseeing the investigation.

SCHOOL ACTION

If the results of an investigation indicate that prohibited harassment occurred, the School shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the harassment.

The School may take disciplinary action based on the results of an investigation, even if the School concludes that the conduct did not rise to the level of harassment prohibited by law or School policy.

APPEAL

A student, including a complainant, may appeal through TSBVI Policy FNG, beginning at the appropriate level. A complainant shall be informed of his or her right to file a complaint with the United States Department of Education Office for Civil Rights.

RETALIATION PROHIBITED

Retaliation against a student alleged to have experienced harassment, a witness, or another person who makes a report or participates in an investigation is strictly prohibited. A person who makes a good faith report of prohibited harassment shall not suffer retaliation for making the report. A person who intentionally makes a false claim, offers false statements, or refuses to cooperate with a School investigation regarding prohibited harassment is subject to appropriate discipline.

RECORDS RETENTION

Retention of records shall be in accordance with TSBVI Policy FB.   Information regarding this policy shall be distributed annually to School employees and included in the student handbook. Copies of the policy shall be readily available at each campus and the School’s administrative offices.

ACCESS TO POLICY

Information regarding this policy shall be distributed annually to School employees and included in the Parent and Student Handbook.  Copies of the policy shall be readily available in the Principals’ offices. 

Adopted:          1/26/07
Amended:        11/20/15
Reviewed:

PHILOSOPHY

  1. A person's development and understanding of his/her own sexuality relates fundamentally to the person's ability to lead a satisfying life in the areas of personal relationships, work and recreation.
  2. A student's visual disability affects the student's understanding and development of his/her sexuality and the sexuality of others.
  3. Education plays a vital role in the individual's development and understanding of his/her sexuality and in the achievement of sexual responsibility.
  4. For a student with a visual disability, education about sexuality should be designed to help the student develop a positive, comfortable self-image and role identity and to assist the student in achieving positive and satisfactory relationships with others.
  5. Issues related to an individual's development and understanding of his/her sexuality shall be addressed in a positive and nonjudgmental manner.
  6. In all matters related to sexuality, the School shall respect the dignity and privacy of each student, appropriate to the student's age and maturity.
  7. The School shall consider each student's physical, cognitive and emotional development in responding to situations involving sexuality and in providing education in sexuality.
  8. Parents play an important role in the student's development and understanding of his/her sexuality and are encouraged to join with the School to provide information and guidance related to sexuality and sexual conduct.
  9. The School shall comply with all legal requirements related to providing students education and services related to sexuality.

CURRICULUM

The School shall offer a comprehensive curriculum in sexuality designed to promote each student's understanding and acceptance of his/her sexuality and the development of appropriate and responsible sexual conduct.

(See TSBVI Board Policy EHAA.)

SEXUALITY BETWEEN STUDENTS

The Superintendent shall ensure that the scope of permissible and impermissible sexual behavior between students at the School and on the School's campus is clearly defined and communicated to students, parents and employees.

The Instructional Planning Council shall have input into determining the scope of permissible and impermissible sexual behavior between students.

Parent Input

If the sexual behavior permitted between students at the School is different from the expectations of any individual parent for his/her child attending the School, the School shall attempt to respect the parent's direction and limit his/her child's conduct accordingly. The extent to which the parent's direction may be implemented may vary according to available School resources but, in no event, will students be permitted to engage in behavior prohibited by the Student Code of Conduct or other rules.

RESPONSE TO BEHAVIOR

Issues related to an individual's development and understanding of his/her sexuality shall be dealt with in a positive and nonjudgmental manner. The student's age, maturity and functional level will be considered when determining appropriate responses to a student's sexual behavior.

The response to student conduct which is sexually inappropriate and negatively impacts another student or students shall be determined by considering the student's age, cognition, and emotional development and maturity, and whether the student is capable of following the Student Code of Conduct.

Reporting Suspected Abuse

Notwithstanding any statements contained in this policy, any person who has cause to believe that a student's physical or mental health or welfare has been adversely affected by abuse or neglect by any person, including by another student, shall immediately make a report in accordance with TSBVI Policy FFG.

Communicating With Parents

The parents of a student shall be informed when there is substantial reason to believe that the student has engaged in impermissible sexual behavior either on or off campus; provided, however, that for a student who is 18 years of age or over and provides the majority of his/her own financial support, the administration may determine whether to inform students' parents based on individual circumstances.

ABSTINENCE

The School encourages sexual abstinence for all students at the School.

PREGNANCY

Informing Parents

Except for students who are 18 years of age or older and provide the majority of their own financial support, if a student becomes pregnant during the school year, the School will ensure that the student's parents are informed of the pregnancy by the student or, if the student does not or will not do so, by the School administration. All students will be encouraged to accept the responsibility for informing their parents themselves.

Responsibility For Medical Costs

The student or the student's parents are responsible for payment of all medical costs related to the student's pregnancy which are beyond the routine services provided by the School through the School Health Center.

CONTRACEPTION

Upon student request, if the student is over 18 years of age and, in the opinion of the School's administration, substantially able to care for his/her physical health and well being, or upon student request with parent approval for all other students, the Superintendent shall ensure that a student receives information, appropriate to the student's age, cognition and maturity, related to contraception.

The Superintendent shall ensure that the School's Health Center distributes medically prescribed contraceptives to a student over 18 years of age or to any other student, upon parent request or student request with parent approval.

UNWANTED PREGNANCY

Upon student request, if the student is over 18 years of age, or upon student request with parent approval for all other students, the Superintendent shall ensure that a student receives information related to the availability of community resources providing information about options related to an unwanted pregnancy. The School shall neither promote nor discourage any particular option in response to an unwanted pregnancy.

The School recognizes that understanding and addressing feelings and decisions related to pregnancy may be addressed during student counseling. The School shall not provide further assistance to a student who has selected an option related to an unwanted pregnancy.

COMMUNICATING EXPECTATIONS TO STAFF MEMBERS

The Superintendent shall ensure that each staff member annually receives a copy of this policy and a clear expectation of the School's expectations in regard to responding to student sexual behavior, including impermissible sexual behavior.

INFORMING PARENTS

Information about this policy shall be included in Parent/Student Handbook.

Adopted: 5/31/90
Amended: 9/26/97, 3/21/03
Reviewed:

CHARITABLE RAFFLES    

The School is not a "qualified nonprofit organization" for purposes of the Charitable Raffle Enabling Act and shall not sponsor or conduct raffles, i.e., award one or more prizes by chance at a single occasion among a pool or group of persons who have paid or promised a thing of value for a ticket that represents a chance to win prize.  Occupations Code 2002.001 et seq; Atty. Gen. Op. JM-1776 (1990) [See also CDC, GE, GKB]

FOOD AND BEVERAGE FUNDRAISERS

Schools that participate in the National School Lunch Program under 42 U.S.C. Section 1751, et seq., or the School Breakfast Program under 42 U.S.C. Section 1773, may sell food and beverages that do not meet nutritional standards outlined in 7 C.F.R. Parts 210 and 220 as part of a fundraiser, during the school day, for up to six days per school year on school campus, provided that no specially exempted fundraiser foods or beverages may be sold in competition with school meals in the food service area during the meal service.  4 TAC 26.2  [See CO and FFA]

Adopted:         3/27/92           

Amended:       11/22/02, 1/25/19

Reviewed:       11/17/95, 11/19/99