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EQUAL ACCESS ACT

Because TSBVI’s secondary program receives federal financial assistance and has a limited open forum, see below, the School shall not deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings.  20 U.S.C. 4071(a)

ESTABLISHMENT OF LIMITED OPEN FORUM

For purposes of the Equal Access Act, the Board establishes a limited open forum for students attending the School’s secondary programs.  The School’s secondary programs shall offer an opportunity for noncurriculum-related student groups to meet on school premises during noninstructional time.  20 U.S.C. 4071 (b)

The Principal shall set aside noninstructional time before or after actual classroom instruction for meetings of noncurriculum-related student groups.  20 U.S.C. 4072

Students wishing to meet on school premises shall file a written request with the Principal.  The request shall contain a brief statement of the group's purposes and goals, a list of the group's members, and a schedule of its proposed meeting times.  Requests shall be approved by the Principal subject to availability of suitable meeting space and without regard to the religious, political, philosophical, or other content of the speech likely to be associated with the group's meetings.  Notices of meetings may be posted in a manner determined by the Principal.

STAFF PARTICIPATION PROHIBITED

School personnel shall not promote, lead, or participate in the meetings of noncurriculum-related student groups.  The Principal may assign staff to monitor student meetings, as needed, and may establish reasonable written guidelines for the conduct of meetings to maintain order and discipline, protect the well-being of students and faculty, and ensure that student attendance is voluntary.  20 U.S.C. 4071 (f)

VIOLATIONS

Failure of a noncurriculum-related student group to comply with applicable rules may result in loss of the right to meet on school premises.  The Principal shall report rule violations to the Superintendent.

SUSPENSIONS

Depending upon the seriousness of any rule violations, the Principal may suspend a noncurriculum-related student group's right to meet on school premises for the balance of the school year or some lesser time period.  If a determination to suspend a group occurs during the last reporting period of the school year, the suspension may extend through the end of the first semester of the next school year. Suspensions or warnings imposed by the Principal may be appealed to the Board in accordance with FNG.

DEFINITIONS

“Meeting” includes those activities of student groups that are permitted under a school’s limited open forum and that are not directly related to the school curriculum.

"Noninstructional time" means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends.

20 U.S.C. 4072

"Noncurriculum-related student group" means any student group that does not directly relate to the body of courses offered by the school.  A student group directly relates to the school's curriculum if it meets any of the following criteria:

  1. The subject matter of the group is actually taught or will soon be taught in a regularly offered course.
  2. The subject matter of the group concerns the body of courses as a whole.
  3. Participation in the group is required for a particular course.
  4. Participation in the group results in academic credit.

Westside Cmty. Sch. v. Mergens, 496 U.S. 226 (1990)

“Sponsorship” includes the act of promoting, leading, and participating in a meeting. The assignment of a teacher, administrator, or other school employee to a meeting for custodial purposes does not constitute sponsorship of a meeting.  20 U.S.C. 4071 (c)

FAIR OPPORTUNITY TO CONDUCT MEETINGS

The School shall be deemed to offer a fair opportunity for students to conduct meetings within its forum if it uniformly provides that:

  1. The meeting is voluntary and student-initiated.
  2. There is no sponsorship of the meeting by the school or any government or its agents or employees.
  3. School employees are present at religious meetings only in a nonparticipatory capacity.
  4. The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school.
  5. Nonschool persons shall not direct, conduct, control, or regularly attend activities of student groups.

20 U.S.C. 4071(c)

 

The School is not permitted to:

  1. Influence the form or content of any prayer or other religious activity.
  2. Require any person to participate in prayer or other religious activity.
  3. Expend public funds beyond the incidental cost of providing the space for student-initiated meetings.
  4. Compel any School employee to attend a meeting if the content of the speech at the meeting is contrary to the beliefs of the employee.
  5. Sanction meetings that are otherwise unlawful.
  6. Limit the rights of groups of students that are not of a specified numerical size.
  7. Abridge the constitutional rights of any person.

20 U.S.C. 4071(d)

Religious groups and activities

Students may organize prayer groups, religious clubs, “see you at the pole” gatherings, or other religious gatherings before, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups.  Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students’ expression.

If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, TSBVI may not discriminate against groups that meet for prayer or other religious speech.

TSBVI may disclaim School sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.

Education Code 25.154

[For information on student expression of religious viewpoints, see FNA]

Adopted:         5/25/05

Amended:       8/9/18

Reviewed:

DISCIPLINE MANAGEMENT PROGRAM

The School shall adopt and implement a discipline management program to be included in the annual improvement plan under Section 11.252 [See BQ].  The plan must provide for prevention of and education concerning unwanted physical or verbal aggression, sexual harassment, and other forms of bullying in school, on school grounds, and in school vehicles.

Education Code 37.083(a)

Adopted: 11/13/81
Amended: 1/26/90, 11/14/97, 3/21/03, 1/26/07, 8/9/19

Adopted: 7/13/79
Amended: 11/17/95, 11/19/99

DRESS AND GROOMING CODES

The Superintendent shall authorize the principals to establish dress and grooming codes for the students in their respective programs.

GROOMING REGULATIONS

Hair-length regulations that apply to boys, but not to girls, do not manifest to such an affront to students' constitutional rights to merit judicial intervention, nor do they violate the Texas Equal Rights Amendment. Barber v. Colorado ISD, 901 S.W.2d 447 (Tex. 1995); Bastrop ISD v. Toungate, 958 S.W.2d 365 (Tex. 1997)

Adopted: 7/13/79
Amended: 11/17/95, 11/19/99

LIABILITY

A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by:

  1. The negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or
  2. The willful and malicious conduct of a child who is at least ten years of age but under eighteen years of age. Family Code 41.001

Adopted: 4/7/78

Amended: 1/11/80, 3/12/82, 7/12/85, 9/22/89, 11/17/95, 5/25/05

Reviewed: 11/19/99

MEMBERSHIP AND SOLICITATION

A person commits a Class C misdemeanor if the person:

  1. Is a member of, pledges to become a member of, joins, or solicits another person to join or pledge to become a member of a public school fraternity, sorority, secret society, or gang; or
  2. Is not enrolled in a public school and solicits another person to attend a meeting of a public school fraternity, sorority, secret society, or gang or a meeting at which membership in one of those groups is encouraged.

Education Code 37.121(a),(c)

A person commits a felony if the person, with intent to coerce, induce, or solicit a child to actively participate in the activities of a criminal street gang, threatens the child with imminent bodily injury or causes the child bodily injury.

Penal Code 22.015

AEP PLACEMENT

The Board or an educator shall recommend placing in an alternative education program any student who commits the offenses described above.

Education Code 37.121(b)

PERSONAL HAZING OFFENSE

A person commits an offense if the person:

  1. Engages in hazing.
  2. Solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing.
  3. Recklessly permits hazing to occur.
  4. Has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or first-hand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the principal, Superintendent, or designee.

Education Code 37.152(a)

DEFINITIONS

Public School Fraternity, Sorority, Secret Society, Or Gang

A "public school fraternity, sorority, secret society, or gang" means an organization composed wholly or in part of students of public primary or secondary schools that seeks to perpetuate itself by taking in additional members from the students enrolled in school on the basis of the decision of its membership rather than on the free choice of a student in the school who is qualified by the rules of the school to fill the special aims of the organization. The term does not include an agency for public welfare, including Boy Scouts, Hi-Y, Girl Reserves, DeMolay, Rainbow Girls, Pan-American Clubs, scholarship societies, or other similar educational organizations sponsored by state or national education authorities.

Education Code 37.121(d)

Hazing

"Hazing" means any intentional, knowing, or reckless act occurring on or off the campus of an educational institution directed against a student, by one person alone or acting with others, that endangers the mental or physical health or the safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include other students. The term includes:

  1. Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
  2. Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
  3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
  4. Any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, or that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described above.
  5. Any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.

Educational Institution

"Educational institution" for purposes of this policy includes a public high school.

Student

"Student" means any person who:

  1. Is registered in or in attendance at an educational institution;
  2. Has been accepted for admission at the educational institution where the hazing incident occurs; or
  3. Intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation.

Education Code 37.151

Adopted: 11/7/80

Amended: 1/14/88, 11/17/95, 3/21/03

Reviewed: 11/19/99

USE OR POSSESSION BY STUDENTS

Students are not permitted to smoke, use, or possess tobacco products, or e-cigarettes at any time on the TSBVI campus or at a school-related or school-sanctioned event.

“E-Cigarette” means any electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device.  The term does not include a prescription medical device un related to the cessation of smoking.  The term includes:

  1. A device regardless of whether it is manufactured, distributed, or sold as an e-cigarette, e-cigar or e-pipe or under another product name or description; and
  2. A component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device.

Health and Safety Code 161.081(1-a)

ENFORCEMENT

The Board shall ensure that TSBVI personnel enforce the policies at a school-related or school-sanctioned event on or off school property.  Education Code 38.006 [See DH and GKA]

Adopted:         5/8/81

Amended:       9/17/87, 11/17/95, 8/9/99, 1/31/14, 8/9/19

Reviewed:      

DEFINITION

A "paging device" or “electronic device” is a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor.

PAGING DEVICES AND CELLULAR TELEPHONES

The Superintendent shall adopt procedures specifying the circumstances under which students may be prohibited or permitted to possess paging devices and cellular telephones while on school property or while attending school-sponsored or school-related activities on or off school property.  Factors the Superintendent shall consider in permitting students to possess paging devices on campus include:

  1. student age;
  2. parent preference for students under 18 years of age;
  3. purpose for which the electronic device would be used; and
  4. student’s ability to use an electronic device responsibly and without disruption to other school activities.

INSTRUCTIONAL USE

A student shall obtain prior approval before using personal telecommunications or other personal electronic devices for on-campus instructional purposes.  The student shall also acknowledge receipt and understanding of applicable regulations and shall sign the appropriate user agreements.  [See CQ]

Unless a student has obtained prior approval to use a personal telecommunications or other personal electronic device for on-campus instructional purposes, the student shall ensure the device is turned off and kept out of sight; that is, in the student’s backpack or purse, during TSBVI instructional time.

ON DISTRICT TRANSPORTATION

The driver of a TSBVI-owned vehicle, including a school bus, shall be authorized to determine the appropriate use of telecommunications and other electronic devices by students, provided the rules have been clearly communicated to students.

AT SCHOOL-SPONSORED OR SCHOOL-RELATED ACTIVITIES

The appropriate activity sponsor or instructor shall be authorized to determine whether telecommunications and other electronic devices may be used by students attending school-sponsored or school-related activities on or off school property, provided the rules have been clearly communicated to students.

DURING TESTING

Unless specifically approved by an appropriate administrator or instructor, a student shall be prohibited from possession of a personal telecommunications or other electronic device during testing.  This prohibition shall be strictly enforced.

PARENT/GUARDIAN RESPONSIBILITY

TSBVI shall not be responsible for lost, stolen, or damaged personal telecommunications or electronic devices brought onto School property or buses.

A parent or guardian who allows his or her child to bring a personal telecommunications or electronic device to TSBVI property or a bus shall be responsible for all information sufficient to identify the device, including the serial number of the device.

DISPOSAL

When a student violates the prohibition against possessing electronic devices while on school property or while attending school-sponsored or school-related activities on or off school property, the Superintendent may authorize:

  1. Disposal of a confiscated electronic device in any reasonable manner, provided the student's parent and the company whose name and address appear on the device are given 30 days' notice of the intent to dispose of the device. Such notice may be made by telephone, or in writing, and must include the serial number of the device.
  2. Charging the owner of the device or the student's parent an administrative fee of not more than $15 before it releases the device.

Education Code 37.082

Note:  For searches of personal telecommunications devices or other personal electronic devices, see FNF

Adopted:         1/28/00

Amended:       9/27/19

Reviewed:      

ALCOHOL

The Board shall prohibit the use or possession of alcoholic beverages at school-related or school-sanctioned activities on or off school property.

Education Code 38.007(a)

ALCOHOL-FREE ZONES

The Board shall attempt to provide a safe alcohol-free environment to students coming to or going from school.

Cooperative Efforts

The Board may cooperate with local law enforcement officials and the Texas Alcohol and Beverage Commission in attempting to provide this environment and in enforcing the alcohol-free zone provisions in the Alcohol and Beverage Code.

Education Code 38.007(b)

CRIMINAL OFFENSE

A person commits an offense (a Class C misdemeanor) if the person possesses an intoxicating beverage for consumption, sale, or distribution while:

  1. On the grounds or in a building of a public school; or
  1. Entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school is being held.

Education Code 37.122

DRUG-FREE ZONES

The punishment is enhanced if a person commits a criminal offense knowingly or intentionally possessing a controlled substance listed in the Health and Safety Code, chapter 481:

  1. In, on, or within 1,000 feet of any real property that is owned, rented, or leased to TSBVI or a school district; or
  1. On a school bus.

Health and Safety Code 481.134

ABUSABLE GLUES, PAINTS, OR VOLATILE CHEMICALS

In addition to the above prohibitions, a student, or person commits a class B misdemeanor if he/she inhales, ingests, applies, uses, or possess an abusable glue, aerosol paint, or substance containing a volatile chemical with intent to inhale, ingest, apply, or use these in a manner:

  1. Contrary to directions for use, cautions, or warnings appearing on a label of a container of the glue, paint, or chemical; and
  2. Designed to affect the central nervous system; create or induce a condition of intoxication, hallucination, or elation, or change, distort, or disturb the person's eyesight, thinking process, balance, or coordination.

Health and Safety Code 485.031

Delivery To A Minor

No person who is 18 or older shall intentionally, knowingly, or recklessly deliver abusable glue or aerosol paint or abusable volatile chemical to a person who is younger than 18 years old.  No person who is 18 or older shall sell or deliver a substance containing a volatile chemical as described in Health and Safety Code 484.005(a)(2) to a person younger than 18.

Education Code 37.006; Health and Safety Code 484.005, 485.032

Paraphernalia

A person commits a class B misdemeanor if he/she intentionally or knowingly uses or possesses with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce into the body an abusable glue, aerosol paint, or other substance that contains a volatile chemical.

Education Code 37.006; Health and Safety Code 484.004, 485.033 [See FOC and FOD]

STEROID LAW NOTICE

Each school in which there is a grade level of seven or higher shall post in large print and braille in a conspicuous location in the school gymnasium and each other place in a building where physical education classes are conducted the following notice:

Anabolic steroids are for medical use only. State law prohibits possession, dispensing, delivery, or administering an anabolic steroid in any manner not allowed by state law. State law provides that body building, muscle enhancement, or the increase of muscle bulk or strength through the use of an anabolic

steroid or human growth hormone by a person who is in good health is not a valid medical purpose. Only a medical doctor may prescribe an anabolic steroid or human growth hormone for a person. A violation of state law concerning anabolic steroids or human growth hormones is a criminal offense punishable by confinement in jail or imprisonment in the Texas Department of Criminal Justice.

Education Code 38.008

Adopted:          4/7/78

Amended:        1/11/80, 1/14/83, 9/21/84, 11/18/94, 3/22/96, 3/31/98, 3/21/03, 5/25/05, 1/26/07, 1/26/18, 8/9/19

Reviewed:

NOTICE REGARDING STEROIDS

Education Code 38.008

Anabolic steroids are for medical use only. State law prohibits the possession, dispensing, delivery, or administering of an anabolic steroid in any manner not allowed by state law. State law provides that body building, muscle enhancement, or the increase of muscle bulk or strength through the use of an anabolic steroid or human growth hormone by a person who is in good health is not a valid medical purpose. Only a medical doctor may prescribe an anabolic steroid or human growth hormone for a person. A violation of state law concerning anabolic steroids or human growth hormones is a criminal offense punishable by confinement in jail or imprisonment in the institutional division of the Texas Department of Criminal Justice.

_________________________________________________________________________________

Note: To be in compliance with Education Code 38.008, the notice regarding legal restrictions on steroids must be posted in a conspicuous location in the School gymnasium, and

in each other place in a building where physical education classes are

conducted for students in a grade level of seven or higher.

_________________________________________________________________________________

Adopted: 1/26/90
Amended: 11/14/97, 1/26/07
Reviewed: 5/25/05

A student shall not be in possession of any prohibited weapon at school or any school-related activity; nor shall a student knowingly, intentionally, or recklessly go on the physical premises of a school, any grounds or building on which an activity sponsored by a school is being conducted, or passenger transportation vehicle of a school with any prohibited weapon, unless pursuant to written regulations or written authorization of the School.

Penal Code 46.03(a); Education Code 37.007(a)(1) (See also FOD)

A student shall not interfere with normal activities, occupancy, or use of any building or portion of the campus or of any bus engaged in the transportation of students to and from school-sponsored activities by exhibiting, using, or threatening to exhibit or use a firearm.

Education Code 37.125

PROHIBITED WEAPONS

Prohibited weapons are defined as follows:

  1. A firearm (any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use).
    Penal Code 46.03(a), 46.01(3)
  2. An illegal knife (knife with a blade over 5 1/2 inches, hand instrument designed to cut or stab another by being thrown, dagger, bowie knife, sword, spear) or by local policy.
    Penal Code 46.01(6), 46.03(a); Education Code 37.007(a)(B) (See FNCG)
  3. An explosive weapon (any explosive or incendiary bomb, grenade, rocket, or mine that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon).
    Penal Code 46.01(2)
  4. A machine gun (any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger).
    Penal Code 46.01(9)
  5. A short-barrel firearm (rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a rifle or shotgun that, as altered, has an overall length of less than 26 inches).
    Penal Code 46.01(10)
  6. A switchblade knife (a knife with a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressing a button or by the force of gravity or centrifugal force).
    Penal Code 46.01(11)
  7. Knuckles (any instrument consisting of finger rings or guards made of a hard substance that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles).
    Penal Code 46.01(8)
  8. Armor-piercing ammunition (handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used primarily in pistols and revolvers).
    Penal Code 46.01(12)
  9. A chemical dispensing device (device other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of causing an adverse psychological or physiological effect on a human being).
    Penal Code 46.01(14)
  10. A zip gun (a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance)
    Penal Code 46.01(16)
  11. A club (an instrument specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, including a blackjack, nightstick, mace and tomahawk).
    Penal Code 46.01(1), 46.03(a) Penal Code 46.05(a)

Adopted: 4/7/78

Amended: 9/10/82, 11/11/83, 3/27/92, 9/24/93, 3/22/96, 11/15/96, 3/21/03

Reviewed: