Consent Template 3

HUMBLE INDEPENDENT SCHOOL DISTRICT “FOCUS ON LEARNING” REGULAR MEETING OF THE BOARD OF TRUSTEES

Notice is hereby given that a regular meeting of the Board of Trustees will be held on Tuesday, April 8, 2008 at 6:00 p.m. for Closed Session and Regular Public Session at 7:00 p.m. The meeting will be held in the Board Room at 20200 Eastway Village Drive, Humble, Texas. The subjects to be discussed or considered or upon which any formal action might be taken are as follows:

Call to order

Adjourn to closed session - 6:00 p.m.

Pursuant to the Texas Government Code:

Section 551.071 Consultation with Attorney for legal advice, opinion and recommendations.

Section 551.074 Personnel – Deliberate appointment, employment, evaluation, re-assignment, duties, discipline or dismissal of a public employee.

Section 551.082 Student Expulsions

Section 551.072 Real Estate – Discussion of Purchase of 12.01 acres of land on Valley Lodge Drive in Eagle Springs for Elementary School No. 26

If, during the course of the meeting covered by this notice, the Board should determine that a closed session of the Board should be held or is required in relation to any item included in this notice, then such closed session as authorized by Section 551.001 et seq of the Texas Government Code (the Open Meetings Act) will be held by the Board at that date, hour and place given in this notice or as soon after the commencement of the meeting covered by this notice as the Board may conveniently meet in such closed session concerning any and all subjects and for any and all purposes permitted by Sections 551.071 – 551.084, inclusive, of the Open Meetings Act

Reconvene regular session – 7:00 p.m.

• Welcome and introduction of Board and administration

• Pledge of Allegiance

• Salute to the Texas flag

• Moment of Silence 2

• Commendations and recognitions

• Questions and comments by patrons or employees of the district regarding agenda items or any other matters

• Comments by individual Board members (Recognitions, thanks, and personal comments)

♦ Discussion: Honoring Mr. Jim Eggers and Mr. Larry Johnson

• Comments by the Administration

• Superintendent regarding student issues, staff issues, facilities issues, funding issues, safe and secure campus issues and Board and district events

• Cabinet members

Cecilia Hawkins: Deputy Superintendent (HHS Vertical Team, KPHS Vertical Team International Baccalaureate) Paula Almond: Associate Superintendent (AHS Vertical Team, KHS Vertical Team, AVID, High Schools of the Future Task Force) Janet Orth Learning Support Services (Academics, Professional Development, Instructional Coaching, Science Grant, Kingwood College partnership planning) Jim Parsons: Accountability (Curriculum Based Assessments, CWT, SWIS Data Analysis, Demographic Study Update, Needs Assessment, Process Mapping and Systems Review) Janet Griffin: Human Resources (Employee Retention and Recruitment, Retire-Rehire program) Lynn Lynn: Finance Services (Budget Development, Process Mapping and Systems Review, FIRST Accountability) Mark Krueger: Support Services (Facilities planning and maintenance, Transportation services, Safety, and Child Nutrition services) Mike Drachenberg: Technology Services (Process Mapping and Systems Review, Instructional Technology training and enhancements) Karen Perkins: Community Development (Learning support resources) Karen Collier: Public Information (Communications and Teacher of the Year program) Stephanie Rosenberg General Counsel, (Contract Review, Legal Counsel) 3

BOARD ACTION AGENDA

Action: Closed session

Consideration of and action on items addressed in closed session

a) Approval of personnel recommendations b) Consideration student expulsions c) Consideration of authorizing the administration to execute the purchase of 12.01 acres of lad on Valley Lodge Drive in Eagle Springs for Elementary School No. 26 as discussed in Closed Session

Action: Minutes

Consideration of minutes for the regular Board meeting held on March 11, 2008.

Consideration of minutes for the special Board meeting held on March 25, 2008.

Action: Consent agenda

Consideration of items placed on the consent agenda

1. LEARNING REPORTS, CONSIDERATIONS AND PURCHASES

A. Action: Band Instruments

Consideration of Band Instruments and Accessories for All Existing and New Secondary Schools

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the award for band instruments and accessories for all existing and new secondary schools to various vendors.

RFP Produced: February 2008

B. Action: Summer School Tuition Increase

Consideration of Increase of Summer School Tuition

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends the approval of the increase for Summer School Tuition.

C. Report: Math and Science Breakthrough Plan

Report on Status of District Math and Science Breakthrough Plan

2. GOVERNANCE REPORTS AND CONSIDERATIONS

A. Action: Update 82

Consideration of Texas Association of School Boards (TASB) Policy Update 82

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board review updated (LEGAL) policies and act on (LOCAL) policies as recommended in TASB Update 82.

B. Action: Early Head Start

Consideration of 2008-2009 Early Head Start Annual Plans

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the 2008- 2009 Northeast Harris County Early Head Start Annual Plans

C. Action: Foreign Exchange Waiver

Consideration of a Waiver for Quest, Atascocita, Kingwood, Kingwood Park, and Humble High Schools that limits the number of foreign exchange students to five per school.

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve a waiver that limits the number of foreign exchange students to a maximum of five for each of the high schools in the Humble Independent School District.

D. Report: Racial Profiling

Report on Racial profiling and Pedestrian Stop Data

E. Report: Parent / Student Handbook

Report on Student / Parent Handbook and Student Code of Conduct

3. FINANCIAL SERVICES REPORTS, CONSIDERATIONS AND PURCHASES

A. Action: Tax Refunds

Consideration of Petitions for Refunds in Excess of $500

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the petitions for tax refunds.

B. Action: Waiver of P & I – Denial

Consideration of Request for Waiver of Penalty and Interest on Delinquent Taxes

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees deny the request for waiver of penalty and interest on a delinquent tax account.

C. Action: Waiver of P & I – Approval

Consideration of Request for Waiver of Penalty and Interest on Delinquent Taxes

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the requests for waiver of penalty and interest on a delinquent tax accounts.

D. Action: Budgetary Amendments

Consideration of Budgetary Amendments

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the budgetary amendments as described in the accompanying attachments.

E. Action: Blanket Purchase Agreement for District Furniture

Consideration of Blanket Purchase Agreement for District Furniture

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve a Blanket Purchase Agreement with HON Company for District furniture.

F. Report: Financial Reports

Report on Year-to-Date Financial Reports and Monthly Cash and Investment Reports

4. SUPPORT SERVICES REPORTS. CONSIDERATIONS AND PURCHASES

A. Action: New Buses

Consideration of Award for New Buses

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the award for new buses to Longhorn Bus Sales.

RFP Produced: March 2008

B. Action: Chiller Replacement

Consideration of Award for Chiller Replacement at Oak Forest Elementary

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the award for chiller replacement at Oak Forest Elementary to American Mechanical Services of Houston, LLC.

RFP Produced: February 2008

C. Action: Concrete Services

Consideration of Concrete Services

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the dual award for concrete services to Sparks Construction Services and Southern Customs, Inc.

RFP Produced: February 2008

D. Action: Paving Services

Consideration of Paving Services at Summer Creek High School

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the paving services at Summer Creek High School to Topco.

RFP Produced: January 2008

E. Action: Painting Services

Consideration of Painting Services at Timberwood Middle School and Humble Elementary School

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the award for painting services at Timberwood Middle School to Morales Construction and at Humble Elementary School to Finishing by Progressive.

RFP Produced: January 2008

F. Action: Bond 2005 Major Renovations

Consideration of Major Renovations at Humble Elementary, Humble Middle School, Jack Fields Elementary, Lakeland Elementary and North Belt Elementary

ADMINISTRATIVE RECOMMENDATION

The Superintendent recommends that the Board of Trustees approve the award for major renovations at Humble Elementary, Humble Middle School, Jack Fields Elementary, Lakeland Elementary and North Belt Elementary to Prime Construction.

RFP Produced: January 2008 8

G. Report: Go Green Committee

Report on Go Green Committee Recommendations

5. BOARD REPORTS, CONSIDERATIONS AND PURCHASES

A. Update: Legislative Issues

B. Update: Associations and Committees

C. Future Board business

Consideration of and action on topics for future Board business: a) Posted agenda items requiring Board action b) Posted agenda items for information, with no action required c) Written reports, with no posting or discussion planned d) Appointment of Board committees or representatives

Adjournment

This notice is given pursuant to Section 551.001 et.seq.of the Government Code. Dated: April 4, 2008

______Keith Lapeze — Board Secretary

Note: Copies of attachments and other documentation may be requested from Peggy Young in the Superintendent’s Office at 281-641-8001. Full documentation of the items considered by the Board may be viewed on the Humble ISD web site on the day following the Board meeting at www.humble.k12.tx.us. HUMBLE INDEPENDENT SCHOOL DISTRICT REGULAR MEETING OF THE BOARD OF TRUSTEES

The Humble Board of Trustees held the regular meeting on March 11, 2008 at 5:00 p.m. in the Board Room, 20200 Eastway Village Drive, Humble, Texas.

Board Members Present: Dan Huberty Keith Lapeze Bonnie Longnion Charles Cunningham

Board Members Absent: Dave Martin Lynn Fields

Staff Members Present: Guy Sconzo, Peggy Young, Cecilia Hawkins, Karen Collier, Janet Orth, Lynn Lynn, Jim Parsons, Mike Drachenberg, Karen Perkins, Janet Griffin, Stephanie Rosenberg, Troy Kite, Krista Malstrom, Roger Westwood, John Krippel, Donna Boyd, Janice Himpele, Marilyn Farrell, Ida Schultz, Deborah Connors, Kendra Jackson, Allen Miller, Marcia Reineking, Bob Atteberry, Carol Atwood, Mike Townsend, Deborah Yocham, Allan Griffin, Susan Tibbetts, Solomon Cook

The Board met at 5:29 p.m. and adjourned to hear items posted for closed session at 5:29 p.m.

The regular meeting was called back to order at 7:00 by Mr. Huberty.

COMMENDATIONS AND RECOGNITIONS

Cory Bedford – AHS – Competitive Placement in the Texas All State Choir Cassandra Shanahan – KHS – Competitive Placement in the Texas All State Choir Alex Schaaf – KHS – Competitive Placement in the Texas All State Choir Clayton Nelson – KHS – Competitive Placement in the Texas All State Choir Elizabeth McGee – AHS – Competitive Placement in the Texas All State Choir Mehgan Limegrover – KHS – Competitive Placement in the Texas All State Choir Aaron Gaines – AHS – Competitive Placement in the Texas All State Choir Courtney Donner – KHS – Competitive Placement in the Texas All State Choir Adam Burch – AHS – Competitive Placement in the Texas All State Band Cody Gibson– KHS – Competitive Placement in the Texas All State Band QUESTIONS AND COMMENTS BY PATRONS OR EMPLOYEES OF THE DISTRICT

J. Achtermann – Gymnastics K. Mazeika - Gymnastics M. Rafferty - Gymnastics K. Agnew - Gymnastics A. Hendrex – AHS Dance Team E. Jackson – AHS Dance Team R. Musquiz – AHS Dance Team

Board Discussion – Gymnastics

Mr. Huberty, with the consent of the other Trustees, brought the discussion of gymnastics forward on the agenda.

The Trustees and Dr. Sconzo thanked all the parents and students for attending the meeting and bringing their concerns to their attention. In discussion with the Board, Dr. Sconzo stated that the decisions he had made in regards to gymnastics, was not intended to cause disillusion or disappointment. Instead, the decision was intended to treat all non-UIL sports equitably. Dr. Sconzo said he will continue to work with parents and staff to make all non-UIL sports equitable.

COMMENTS BY INDIVIDUAL BOARD MEMBERS

The Board thanked staff for the tremendous amount of great work being done for the students in Humble ISD. The Board stated that the update on AHS grading resolution was greatly appreciated. The Board thanked Dr. Sconzo for meeting with many groups of staff and patrons across the District giving updates on the Bond Referendum and the needs of the District. Many of the Trustees attended the Breakfast with the Board held at Hidden Hollow Elementary where several campuses shared data regarding their campus.

The Board reminded everyone of the Education Foundation Gala being held on Friday, April 4th at the Civic Center. Also, the Humble Chamber of Commerce is presently holding a book drive.

COMMENTS BY THE SUPERINTENDENT

Dr. Sconzo recognized the fact that Mr. Martin is unopposed in the upcoming Trustee Election which is good for the District.

At this time, Ms. Tibbetts, AVID Program Coordinator, provided the Board with an overview of the AVID Program, with the help of other staff and students. They gave testimony on the successes of the program, i.e., help build confidence, choosing the best courses, reaching individual goals, supporting each other, and how to be overall successful. The Board received a heart felt thank you for supporting the AVID Program.

ACTION ITEMS FROM CLOSED SESSION

Personnel - A motion was made by Mr. Lapeze to approve the personnel recommendations as presented by administration with an addendum. The motion was seconded by Mr. Cunningham. The motion passed unanimously.

Please see Personnel Recommendations on the following pages. HUMBLE INDEPENDENT SCHOOL DISTRICT PERSONNEL RECOMMENDATIONS

March 11, 2008 RETIREMENT Campus Assignment Eff. Date Leland Judith Foster Elementary 5th Math-Science Teacher June 5, 2008 Simpson Zoe Humble ISD Athletic Director June 11, 2008 Burke Cathryn Atascocita Middle Librarian June, 9, 2008

RESIGNATIONS Campus Assignment Reason Eff. Date Allen Kathleen Atascocita Middle 6th Math Teacher Moving April, 11, 2008 Banks Lloyd Ross Sterling Middle Athletic Coordinator Accepted Position Houston ISD February 22, 2008 Bauer Russell Atascocita High AS/AB Teacher College June 5, 2008 Dougherty Ruth ISC Pentamation Specialist Accepted a position Spring ISD February 22, 2008 Gonzales Debra River Pines Elementary Bilingual Pre-K Teacher Moving June 5, 2008 Jones Monica River Pines Elementary Instructional Technologist Moving June 5, 2008 Monroy Montserrat Atascocita High Spanish Teacher Personal March 5, 2008 Moreham Jennifer Atascocita High 9-12 Bio./Chem.Teacher Continue Education April 1, 2008 Saxe Allyson Greentree Elementary 3rd Grade Teacher Maternity February 21, 2008 Schroeder Mindy Riverwood Middle Registered Nurse Moving June 5, 2008

DECEASED

Campus Assignment Date Fernandez Kellie Whispering Pines Teacher February 29, 2008

RECOMMENDATIONS FOR PROFESSIONAL EMPLOYMENT

Degree Certification Assignment Exp. Eff. Date Previous Emp. Atascocita High Rhoades, Tanya B.S./Trinity University Secondary Spanish Spanish Teacher 5 years March 6, 2008 Humble ISD

Humble Middle Brigida, Cindy B.B.A./Columbus University ACP-Generalist 4-8 7th History/6th Art Teacher None March 6, 2008 Timberwood Middle Aide

Ross Sterling Middle Davis, Janet M.A./Prairie View A&M University ACP-Sp. Ed. EC-12 Special Education Teacher None March 3, 2008 Private Industry

Bear Branch Elementary Megan, Hoskins B.S./University of North Texas ESL Generalist EC-4 8th Math Teacher None February 18, 2008 Private Industry

RECOMMENDATION

It is recommended that Michael Kyme be appointed to the position of Director of Purchasing effective release from his current position. Mr. Kyme is currently employed by Houston Community College as the Executive Director of Procurement Operations.

Degree: M.B.A./Manhattan College Experience: 20 years

HUMBLE INDEPENDENT SCHOOL DISTRICT PERSONNEL RECOMMENDATIONS ADDENDUM March 11, 2008

RESIGNATION

Max Peck Creekwood Middle School—Career Technology Teacher Reason for leaving: Personal Effective: March 7, 2008

RECOMMENDATION

It is recommended that Scott Duncan be appointed to the position of Assistant Principal at Elm Grove effective March 12, 2008. Scott is presently a third grade teacher at Elm Grove.

Student Expulsions

A motion was made by Mr. Lapeze to accept the student placement in an alternative education program as presented by the Superintendent as follows: A.P., effective: 02- 07-08; R.G., effective: 02-11-08; C.O., effective: 02-11-08; R.A., effective: 02-14-08; C.D., effective: 02-26-08; and J.A., effective: 02-27-08, The motion was seconded by Dr. Longnion. The motion passed unanimously.

Complaint (Level III) against G. Sconzo brought by C. Burbano regarding Release of Personally Identifiable Information

A motion was made by Mr. Lapeze, as to complaint 08-0131-1 filed by Cheryl Burbano against Dr. Guy Sconzo regarding the release of personally identifiable information, the Board of Trustees considered the record, the arguments of the parties, and the policies, laws, and regulations raised by the complainant. The Board of Trustees finds that Dr. Sconzo did not violate any of the policies, laws, or regulations raised by the complainant and denies the complaint and the relief requested in the complaint. We, the Board, instruct the superintendent to formalize District policy on its required annual FERPA training. The motion was seconded by Mr. Cunningham. The motion passed unanimously.

MINUTES FROM THE PREVIOUS MEETING

A motion was made to approve the minutes for the regular Board meeting held on February 12, 2008. The motion was seconded by Mr. Cunningham. The motion was approved unanimously.

CONSENT AGENDA

After review, a motion was made by Mr. Lapeze to approve the following board items by consent: Learning: A, B & C; Financial Services: A, B & C and Support Services: A. The motion was seconded by Mr. Cunningham. The motion passed unanimously.

1. LEARNING REPORTS, CONSIDERATIONS AND PURCHASES

A. AVID Membership

Consideration of approval for AVID Membership 2008-2009 School Year

The Superintendent recommends that the Board of Trustees approves the payment of $52,960.00 for the 2008-2009 AVID Contract Implementation. Payment includes the AVID Membership of eleven secondary schools; two AVID curriculum libraries; two new site team 2008 Summer Institute registration fees and AVID District Professional Service Fee Year 2.

Approved by consent.

B. Textbook Adoption

Consideration of approval of State Textbooks for the Humble Independent School District 2008-09 school year.

The Superintendent recommends that the Board of Trustees approve adoption of all titles for the 2008 State Adoption which includes recommendations of the 2007-08 Humble Independent School District Textbook Committee as documented below:

SUBJECT AREA PUBLISHER TITLE

Math Kindergarten (Spanish) Pearson Scott Foresman enVision Math en Español-Texas Math Kindergarten (English) Pearson Scott Foresman enVision Math - Texas Math 1st Grade (Spanish) Pearson Scott Foresman enVision Math en Español-Texas Math 1st Grade (English) Pearson Scott Foresman enVision Math - Texas Math 2nd Grade (Spanish) Pearson Scott Foresman enVision Math en Español-Texas Math 2nd Grade (English) Pearson Scott Foresman enVision Math - Texas Math 3rd Grade (Spanish) Pearson Scott Foresman enVision Math en Español-Texas Math 3rd Grade (English) Pearson Scott Foresman enVision Math - Texas Math 4th Grade (Spanish) Pearson Scott Foresman enVision Math en Español-Texas Math 4th Grade (English) Pearson Scott Foresman enVision Math - Texas Math 5th Grade (Spanish) Pearson Scott Foresman enVision Math en Español-Texas Math 5th Grade (English) Pearson Scott Foresman enVision Math - Texas Math 6th Grade (Spanish) Pearson Scott Foresman enVision Math en Español-Texas Math 6th Grade (English) Pearson Scott Foresman enVision Math - Texas

Approved by consent.

C. Walking/Jogging Tracks

Consideration of Award for Walking/Jogging Tracks

The Superintendent recommends that the Board of Trustees approve the award for three Walking/Jogging tracks to Ascrete Incorporated. RFP Produced: January 2008

Approved by consent.

2. GOVERNANCE REPORTS, CONSIDERATIONS AND PURCHASES

A. Update 82

There was no discussion on the Texas Association of School Boards (TASB) Policy Update 82.

3. FINANCIAL REPORTS, CONSIDERATIONS AND PURCHASES

A. Tax Refunds

Consideration of Petitions for Refunds in Excess of $500

The Superintendent recommends that the Board of Trustees approve the petitions for tax refunds.

Approved by consent.

B. Budgetary Amendments

Consideration of Budgetary Amendments

The Superintendent recommends that the Board of Trustees approve the budgetary amendments as presented by administration.

Approved by consent.

C. Waiver of P & I

Consideration of Request for Waiver of Penalty & Interest on Delinquent Taxes

The Superintendent recommends that the Board of Trustees approve the request for waiver of penalty & interest on a delinquent tax account as presented by administration.

Approved by consent.

D. Adopt Orders of Authorization

Consideration of Orders Authorizing the Issuance of Unlimited Tax Bonds, Series 2008A New Money Bonds and Series 2008B Refunding Bonds

A motion was made by Dr. Longnion to accept the Superintendent’s recommendation that the Board of Trustees approve the sale of bonds and adopt orders authorizing the issuance of up to $76.4 million Humble Independent School District Unlimited Tax School Building Bonds, Series 2008A, and up to $35 million Humble Independent School District Unlimited Tax Refunding Bonds, Series 2008B. The motion was seconded by Mr. Cunningham. The motion passed with the vote three (3) for and one (1) abstention. Mr. Lapeze abstained. `

E. Brokerage/Risk Management

Consideration of Brokerage/Risk Management Services

A motion was made by Mr. Lapeze to accept the Superintendent’s recommendation that the Board of Trustees approve the selection of Willis of Texas to provide brokerage/risk management services to the District. The motion was seconded by Mr. Cunningham. Following discussion, the motion passed unanimously.

F. Financial Reports

There was no discussion on the Year-to-Date Financial Reports or Monthly Cash and Investment Reports.

4. SUPPORT SERVICES REPORTS, CONSIDERATIONS AND PURCHASES

A. MUD No. 402 Tap Fees

Consideration of Approval to Pay Water Connection Fees to MUD No. 402

The Superintendent recommends that the Board of Trustees approve the payment of water connection fees to Harris County Municipal Utility District No. 402 in the total amount of $46,515.00 to provide water service to Summer Creek High School.

Approved by consent.

5. BOARD REPORTS, CONSIDERATIONS AND PURCHASES

Legislative Issues – Follow-up with Lt. Dewhurst regarding district’s financial needs. Associations and Committees – No update at this time.

Future Board Business ♦ Special Board Meeting/Budget Workshop is scheduled for March 25th . ♦ Team Building Session is needed

There being no further business, the meeting adjourned at 9:15 p.m.

______Secretary President

The Humble Board of Trustees held a special meeting and workshop on Tuesday, March 25, 2008 at 5:00 p.m. at Humble ISD Administration Building, 20200 Eastway Village Drive, Humble, Texas.

Board Members Present: Dan Huberty Keith Lapeze Lynn Fields Bonnie Longnion Charles Cunningham Dave Martin (arrived at 7:15 p.m.)

Staff Members Present: Guy Sconzo, Peggy Young, Cecilia Hawkins, Paula Almond, Janet Orth, Lynn Lynn, Mark Krueger, Jim Parsons, Janet Griffin, Mike Drachenberg, Marilyn Farrell, Allan Griffin, Jamie Mount, John Krippel,

Mr. Huberty called the meeting to order at 5:15 p.m. and the Board adjourned to hear items posted for closed session at 5:16 p.m.

The Board reconvened to open session at 7:15 p.m.

ACTION ITEMS FROM CLOSED SESSION a) Appeal involving discipline of Humble ISD Student

As to the appeal involving discipline of a Humble ISD student, Mrs. Fields made a motion to uphold the administration’s decision at the Level Two appeal hearing involving the discipline and recommended expulsion of the Humble ISD student based upon the Board’s review of the record in this case and the arguments presented to the Board in Closed Session. The motion was seconded by Mr. Cunningham. The motion passed with the vote five (5) for and one (1) abstention. Mr. Martin abstained. b) Complaint (Level III) (Appeal) No. 08-0228-1 against D. McDougald at Kingwood High School brought by D. Prestia

As to the Level III Appeal No. 08-0228-1 against D. McDougald at KHS brought by D. Prestia, Mrs. Fields made a motion to uphold the administration’s decision at Level II regarding Mr. Dougald McDougald. The motion was seconded by Mr. Cunningham. The motion passed with the vote five (5) for and one (1) abstention. Mr. Martin abstained. c) Complaint (Level III) No. 08-0131-2 against G. Sconzo brought by C. Burbano regarding violation of parent participation in education

As to Complaint No. 08-0131-2 against G. Sconzo brought by C. Burbano regarding violation of parent participation in education, Mrs. Fields made a motion to deny with no relief, stating that the Board of Trustees has considered the record, the arguments of the parties, and the policies, laws, and regulations raised by the complainant. The Board of Trustees finds that Dr. Sconzo did not violate any of the policies, laws, or regulations raised by the complainant and denies the complaint and the relief requested in the complaint. The motion was seconded by Mr. Cunningham. The motion passed with the vote five (5) for and one (1) abstention. Mr. Martin abstained.

There being no further business the special meeting of the Trustees was adjourned at 7:30 p.m.

Mr. Martin opened the workshop at 7:32 p.m. for the Board to discuss and work with staff on the 2008-2009 budget. The workshop adjourned at 9:00 p.m.

______

Secretary President

Board of Trustees Agenda Item

Meeting Date: April 8, 2008 Occasion: Agenda Placement Agenda Item Type Regular Meeting Learning Considerations Administrative Report Governance Considerations Action Item Special Meeting Financial Svcs. Considerations Information /Workshop Support Svcs. Considerations / Discussion Item

District Target References (Check all that apply): Achieve Academic Excellence Number of Board Meetings item Plan for Our Future is planned to be presented: Maximize Our Financial Resources This Agenda Only Develop and Retain Our People Other, Explain:

Title: Band Instruments

Consideration of Band Instruments and Accessories for All Existing and New Secondary Schools

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the award for band instruments and accessories for all existing and new secondary schools to various vendors as indicated on the tabulation summary.

Background /Impact Information: The Humble Independent School District has superior programs which directly involve students from all secondary campuses. The success of these programs leads to growing enrollment which requires the expansion of the instrument inventory. The purchase of instruments is necessary to meet the growing needs of our band program throughout the District. Besides increasing the inventory for program growth, this will allow replacement of damaged and/or worn-out instruments.

Fiscal Impact Statement: The District musical instrument specifications indicate to vendors that quantities included are estimates only and may change due to budgetary restrictions. The funds for these instruments will be provided by capital outlay bond funds with a total available budget of $214,358. Cost: Budgetary Codes: Recurring Fund Func Object Sub-Object Org PIC One-Time

Funding Source: General Fund Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No 1

Attachments: Tabulation Summary Campus/Department Submitting Form: Arts Education Department Date Submitted: March 25, 2008 Resource Personnel: Allen Miller, 281-641-8600, [email protected] Cecilia Hawkins, 281-641-8110, [email protected] Kendra Jackson, 281-641-8992, [email protected]

2 BAND INSTRUMENTS AND ACCESSORIES RFP #2008-049 FEBRUARY 26, 2008 2:00 P.M. TABULATION

Vendor Amount DF Music Enterprise, Inc. 0.00 Forshey Piano Company 20,500.00 Holze Music Company 32,461.66 Interstate Music 11,297.00 Mr. D's Music Academy 40,515.00 Montgomery County Music Center, Inc. 0.00 Music & Arts 20,793.00 National Ecucational Music Co. 207,628.00 Peripole Bergerault, Inc. 0.00 Sherman Clay PianoMax 8,298.00 Swicegood Music Company 1,965.25 The String and Horn Shop Inc. 0.00 The Tuba Exchange, Inc. 5,232.00 The Woodwind & Brasswind 61,371.00 Universal Melody Services 5,830.00 d.b.a. Brook Mays Music / H & H Music Washington Music Sales Center, Inc. 94,722.00

The District sent requests for proposal to twenty-one vendors and received two no proposal notifications. The tabulation represents a summary of the recommended award to the lowest respondents offering product meeting District requirements. These prices, together with each vendor's response and proposal specifications, are available for review in the proposal files maintained by the Purchasing Department. Each vendor is aware that the quantities expressed in the specification document were intended as estimates and in no way should be considered a committment by the District. Board of Trustees Agenda Item

District Target References (Check all that apply): Achieve Academic Excellence Number of Board Meetings item Plan for Our Future is planned to be presented: Maximize Our Financial Resources this agenda only Develop and Retain Our People other, explain:

Title: Summer School Tuition Increase

Consideration of Increase of Summer School Tuition

Superintendent’s Recommendation: The Superintendent recommends the approval of the increase for Summer School Tuition. Background /Impact Information: The cost of tuition for secondary summer school has not been increased in the last 8 years. With the increasing cost of transportation/fuel, additional teachers, bus drivers, administrative positions, and a full time nurse there is a need to increase tuition.

The present cost for an HISD secondary student is: $125.00 per course will increase to $175.00 The present cost for an out of district secondary student is: $175.00 per course will increase to $225.00 (For HISD students who receive free lunch the tuition will remain $125.00 per confirmation.)

Fiscal Impact Statement: Cost: Recurring One-Time

Funding Source: General Fund Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: None Campus/Department Submitting Form: Paula Almond, Associate Superintendent 1 Date Submitted: 4/2/08 Resource Personnel: Paula Almond, 281-641-8110, [email protected]

2 Board of Trustees Agenda Item

District Target References (Check all that apply): Achieve Academic Excellence Number of Board Meetings item Plan for Our Future is planned to be presented: Maximize Our Financial Resources this agenda only Develop and Retain Our People other, explain:

Title: Math and Science Breakthrough Plan

Report on Status of District Math and Science Breakthrough Plan

Background /Impact Information:The 2007-08 instructional plan for a district breakthrough in math and science was presented to administrators in leadership team meetings and to campuses at opening convocations. The plan focuses on four charges from the superintendent: • Administration and analysis of District Benchmark Assessments (DBAs) in math and science grades 3 - 11 • Full use of Classroom Walk Through (CWT) data • Full use of School Wide Information System (SWIS) data • Correlation and analysis of data sets

In September, a status report was delivered to the Board outlining the structures put in place to operationalize the superintendent's charges.

In January a second report focused on the processes in place to gather, analyze and correlate DBA, CWT and SWIS data. We included sample data in each category as well as information about who is using the data and the outcomes of the focused conversations that are taking place.

This report will provide some comparison data between DBA 3 and DBA 4, as well as CWT and SWIS data comparisons from fall to spring. Although we will not be able to confirm this assumption until the TAKS data is reported, we believe that the DBA data provides a valid predicition of success on TAKS and helps guide instructional decisions made to address gaps in student learning.

To continue our movement toward a breakthrough in math and science, we will formalize the plan to include refinment of the process, identifying resources, personnel and professional 1 development needed for full and comprehensive implementation.

Fiscal Impact Statement: Many costs associated with this breakthrough plan were included and budgeted per the Education Plan for 2007-08. Additional costs were identified and presented to the Board via 2007-08 budget amendments. Associated costs for continuation of this initiative will be included in the 2008-09 budget process as part of the Student Achievement Improvement Plan. Cost: Recurring One-Time

Funding Source: General Fund Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: Campus/Department Submitting Form:Learning Division Date Submitted:12/20/07 Resource Personnel: Dr. Guy Sconzo, X8001, [email protected] Dr. Cecilia Hawkins,X-8110, cecilia,[email protected] Paula Almond, X8110, [email protected] Janet Orth, X8116, [email protected] Jim Parsons, X8126, [email protected]

2 Board of Trustees Agenda Item

Meeting Date:April 8, 2008 Occasion: Agenda Placement Agenda Item Type Regular Meeting Learning Considerations Administrative Report Governance Considerations Action Item Special Meeting Financial Svcs. Considerations Information /Workshop Support Svcs. Considerations / Discussion Item

District Target References (Check all that apply): Achieve Academic Excellence Number of Board Meetings item Plan for Our Future is planned to be presented: Maximize Our Financial Resources this agenda only Develop and Retain Our People other, explain:

Title: Update 82

Consideration of Texas Association of School Boards (TASB) Policy Update #82 Superintendent’s Recommendation: The Superintendent recommends that the Board review updated (LEGAL) policies and act on (LOCAL) policies as recommended in TASB Update #82. Background /Impact Information: The district subscribes to a service provided by TASB to propose and assist with the management and revision of Board policies. This Localized Policy Manual Update #82, previously distributed to the Board, includes two types of policies. There are a number of (LEGAL) policies that are being amended to reflect changes in legal citations or deleted because the legal provisions have expired. These changes to (LEGAL) policies do not require Board action since they reflect laws already in effect.

There are also (LOCAL) policies in this Update that do require Board action, and are being brought to the Board at this time for adoption. The (LOCAL) policies in Update #82 are described in detail in the Explanatory Notes and Vantage Points (previously provided). The Local policies requiring action are BJCF, DBD, FN, FNAA and GKDA.

Fiscal Impact Statement: Cost: Budgetary Codes: Recurring Fund Func Object Sub-Object Org PIC One-Time ------Funding Source: General Fund Grant Funds (Specify): Fiscal Year:

1 Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: 1) Update 82 – Packet 2) Update 82 - Vantage Points TASB Board Policy Update #82 attachments 1-2 were previously provided to Board members. Patrons or staff members may request a copy from Mrs. Peggy Young at 281-641-8001.

Campus/Department Submitting Form: Dr. Guy Sconzo Date Submitted: April 2, 2008 Resource Personnel: A & B policies Guy Sconzo 281-641-8001; [email protected] C policies Lynn Lynn 281-641-8006; [email protected] D policies Janet Griffin 281-641-8161; [email protected] Mark Krueger 281-641-8712; [email protected] E & F policies Janet Orth 281-641-8115; [email protected] Cecilia Hawkins 281-641-8103; [email protected] Paula Almond 281-641-8102; [email protected] G policies Karen Collier 281-641-8202; [email protected]

Localized

Policy

Manual Update 82

Humble ISD

Localized Update 82 represents the second of two post-legislative updates, focusing primarily on incorporating changes in law from the 80th Legislative Session that were not included in Up- date 81. Update 82 covers numerous issues, including required participation in county appraisal districts, employee health insurance coverage, energy conservation, and emergency response. Please bear in mind that the (LEGAL) policies reflect the ever-changing legal context for governance and management of the district. They should NOT be adopted but, rather, should inform local decision making. The (LOCAL) policy recommendations in this update will need close attention by both the administration and the board to ensure that they reflect the practices of the district and the intentions of the board. Board action is needed to adopt, revise, or repeal (LOCAL) policy. In addition to the updated policies, your Localized Update 82 packet contains: ■ INSTRUCTIONS . . . providing specific, policy-by-policy directions on how this update, if accepted as prepared, should be incorporated into your Localized Policy Manual. ■ EXPLANATORY NOTES . . . summarizing changes to the policies in each code. Unless otherwise indicated, all bills referenced in the Explanatory Notes are from the 80th Legisla- tive Session. Please note that, where appropriate, the Explanatory Notes ask you to verify that a particular policy reflects your current practice and to advise us of changes needed so that our records and your manual accurately track the district’s practice. Vantage Points—A Board Member’s Guide to Update 82 may be found in the separately wrapped package accompanying this packet. Vantage Points offers a highly summarized overview of the update and is intended to provide local officials a first glance at the scope of the update—as a prelude to studying the detailed Explanatory Notes and policy text within the packet. Please distribute the enclosed copies of Vantage Points to your board members at the earliest possible opportunity, preferably with their review copies of this update. Update 82 policies are so identified in the lower left-hand corner of each policy page. If you have any questions concerning this Update, please call your policy consultant/ analyst, Rachel Burrow, at 800-580-7529 or 512-467-0222.

Regarding board action on Update 82 . . . ■ Board action on Localized Update 82 must occur within a properly posted, open meeting of the board and may be addressed on the agenda posting as “Policy Update 82, affecting (LOCAL) policies (see attached list).” Using the Instruction Sheet as a guide, create and attach to the posting a list of the (LOCAL) policy codes added, revised, or deleted and the titles/subtitles of those policies. BoardBook compilers should use “Policy Update 82, affecting (LOCAL) policies” as the agenda item and, as agenda sub-items, the code and name of each of the (LOCAL) policies affected by the update. ■ An appropriate motion for board action on Localized Update 82 is as follows: “I move that the board add, revise, or delete (LOCAL) policies as recommended by TASB Policy Service and according to the Instruction Sheet for TASB Localized Policy Manual Update 82 [with the following changes:]” ■ The board’s action on Localized Update 82 must be reflected in board minutes. The In- struction Sheet—annotated to reflect any changes made by the board—and the Explana- tory Notes for the update should be filed with the minutes where they make up the authori- tative record of your board’s actions. Include a copy of new, replaced, or rescinded (LOCAL) policies. ■ In constructing the separate historical record of the manual, the emphasis is on tracking the history of individual policies. For guidance on maintaining this record, please refer to the Policy Administrator’s Guide at https://www.tasb.org/docs-mytasb/gov_svcs/policy_ svc/adminguide/policy_admin_guide.pdf.cfm. Regarding manual maintenance and administrative regulations . . . ■ Notify your policy consultant/analyst of any changes made by the board so that Pol- icy Service records—forming the basis for subsequent updating recommendations—exactly mirror your manual. ■ The update should be incorporated into each of the district’s Localized Policy Manuals as soon as practicable. If the district uses Policy On Line, you will need to notify us of the board’s action on Update 82 so that your district’s Localized Policy Manual as it appears on TASB’s Web server can be updated. Policy On Line staff may be reached by phone (800-580-7529 or 512-467-0222), fax (512-467-3618, using the tan form enclosed), e-mail ([email protected]), or Internet feedback form (http://www.tasb.org/policy/pol/private/ polfdbk.html). ■ Administrative procedures and documents—including formal (REGULATIONS), handbooks, and guides—that may be affected by Update 82 policy changes should be inspected and revised as needed. If the district routinely submits (REGULATIONS) to Policy Service for processing or desires that the updated (REGULATION) be included in the district’s Policy On Line manual, please submit these changes to your policy consultant/analyst at your earliest convenience.

PLEASE NOTE: This Localized Update packet and the Update 82 Vantage Points may not be considered as legal advice and are not intended as a substitute for the advice of the board’s own legal counsel. Legally referenced policies © 2007 Texas Association of School Boards, Inc. All rights reserved.

Instruction Sheet TASB Localized Policy Manual Update 82

District Humble ISD Code Action To Be Taken Note A (LEGAL) Replace table of contents Revised table of contents AE (EXHIBIT) ADD exhibit See explanatory note AF (EXHIBIT) DELETE exhibit See explanatory note BBB (LEGAL) No policy enclosed See explanatory note BBFB (LEGAL) Replace policy Revised policy BDAF (LEGAL) Replace policy Revised policy BEC (LEGAL) Replace policy Revised policy BJCF (LOCAL) Replace policy Revised policy CBB (LEGAL) Replace policy Revised policy CCA (LEGAL) Replace policy Revised policy CCG (LEGAL) Replace policy Revised policy CCH (LEGAL) Replace policy Revised policy CDB (LEGAL) Replace policy Revised policy CDC (LEGAL) Replace policy Revised policy CKC (LEGAL) Replace policy Revised policy CL (LEGAL) Replace policy Revised policy CNB (LEGAL) Replace policy Revised policy CRD (LEGAL) Replace policy Revised policy CRG (LEGAL) Replace policy Revised policy CS (LEGAL) Replace policy Revised policy CV (LEGAL) Replace policy Revised policy CVF (LEGAL) Replace policy Revised policy D (LEGAL) Replace table of contents Revised table of contents DBD (LOCAL) Replace policy Revised policy DBE (LEGAL) Replace policy Revised policy DH (LEGAL) Replace policy Revised policy DHE (LEGAL) Replace policy Revised policy DK (LEGAL) Replace policy Revised policy EIF (LEGAL) Replace policy Revised policy EK (LEGAL) Replace policy Revised policy EKB (LEGAL) Replace policy Revised policy FEA (LEGAL) Replace policy Revised policy

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FED (LEGAL) Replace policy Revised policy FFAA (LEGAL) Replace policy Revised policy FM (LEGAL) Replace policy Revised policy FMH (LEGAL) Replace policy Revised policy FN (LOCAL) Replace policy Revised policy FNAA (LOCAL) Replace policy Revised policy FNCG (LEGAL) Replace policy Revised policy FOCA (LEGAL) Replace policy Revised policy FOD (LEGAL) Replace policy Revised policy G (LEGAL) Replace table of contents Revised table of contents GKA (LEGAL) Replace policy Revised policy GKDA (LOCAL) Replace policy Revised policy GND (LEGAL) Replace policy Revised policy GR (LEGAL) Replace policy Revised policy GRA (LEGAL) Replace policy Revised policy GRC (LEGAL) ADD policy See explanatory note

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District: Humble ISD A (LEGAL) BASIC DISTRICT FOUNDATIONS We have removed AF (Goals and Objectives) from the A section table of contents since materials on that topic have been moved to code AE at this update. AF is no longer an active code.

AE (EXHIBIT) EDUCATIONAL PHILOSOPHY The requirement from HB 2563, effective September 1, 2007, that the board adopt a vision statement and comprehensive goals for the district and superintendent prompted us to combine these topics into a single code. Therefore, this exhibit addressing the mission, goals, and objectives of the public education system has been moved, unchanged, from AF to this code.

AF (EXHIBIT) GOALS AND OBJECTIVES As indicated above, we have moved this exhibit addressing the mission, goals, and objectives of the public education system to policy code AE.

BBB (LEGAL) BOARD MEMBERS ELECTIONS BBB(LEGAL) as issued in Update 81 included a provision from SB 670, effective April 25, 2007, that allows the board to adopt a resolution changing the length of its trustee terms in order to comply with the joint election obligations added by HB 1 from the third called session of the 79th Legislature. If your district has adopted such a resolution, please contact your policy consultant/analyst so that we may update both your BBB(LEGAL) and BBB(LOCAL) policies accordingly.

BBFB (LEGAL) ETHICS PROHIBITED PRACTICES At COUNTIES WITH POPULATION 35,000 OR MORE, on page 4, is a new provision from HB 2563, effective September 1, 2007, which significantly changes the nepotism rules for a district located wholly in, or whose largest part is located in, a county with a population of 35,000 or more. Board members now remain subject to the nepotism prohibitions for all district employees, even when the district delegates to the superintendent final authority to select district personnel. Previously, when the board delegated hiring authority to the superintendent, board members were not subject to the nepotism prohibitions to the extent of the delegation. This change in the nepotism rules does not apply to a district located wholly in, or whose largest part is located in, a county with a population of less than 35,000. As indicated at COUNTIES WITH POPULATION LESS THAN 35,000, when a board delegates hiring authority to the superintendent in these districts, trustees are not subject to the nepotism prohibitions to the extent of the delegation. At DEPOSITORY CONFLICT, on page 5, a provision has been added from HB 2411, effective June 15, 2007, allowing a bank seeking to become the district’s depository to submit either a bid or proposal. Now a trustee who is a stockholder, officer, director, or employee of a bank is prohibited from voting to award a depository contract to the bank when the bank submits either a bid or a proposal.

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BDAF (LEGAL) OFFICERS AND OFFICIALS SELECTION AND DUTIES OF CHIEF TAX OFFICIALS At ASSESSOR, item 2, is a provision from HB 923, effective September 1, 2007, stating that, if the tax assessor mails a tax bill to the mortgagee, the assessor is not required to also mail the tax bill to the mortgagor.

BEC (LEGAL) BOARD MEETINGS CLOSED MEETINGS At SECURITY, on page 2, is a new provision from SB 11, effective September 1, 2007, that permits the board to go into closed session to discuss a security audit. The law already permitted a board to go into closed session to discuss the deployment of security personnel or devices; now districts may discuss sensitive safety and security information not previously covered by the closed meeting exception on security.

BJCF (LOCAL) SUPERINTENDENT NONRENEWAL On page 1 of the policy, those REASONS for nonrenewal of the superintendent’s term contract that pertain to certain violations of law have been revised as follows: • Item 11 now includes the failure to report an indictment, no contest or guilty plea, or any other adjudication (for any felony or any crime involving moral turpitude) as well as any other offense listed at DH(LOCAL). • Item 12 has been rephrased to include conviction or deferred adjudication of any other offense listed at DH(LOCAL). At Update 80, similar changes were made to DFBB(LOCAL) for other employees on term contracts.

CBB (LEGAL) STATE AND FEDERAL REVENUE SOURCES FEDERAL HB 2358, effective September 1, 2007, changes the account into which districts must deposit federal funds received to pay for state RETIREMENT AND INSURANCE CONTRIBUTIONS. Previously, the deposit was made to the General Revenue Fund; now the deposit must be made to the state contribution account.

CCA (LEGAL) LOCAL REVENUE SOURCES BOND ISSUES At EXISTING DEBT ALLOTMENT, HB 1922, effective September 1, 2007, defines bonds eligible for state funding as those on which the district made payments during the 2006–07 school year, ensuring that districts are guaranteed state funding for the majority of bonds they are currently responsible for paying.

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CCG (LEGAL) LOCAL REVENUE SOURCES AD VALOREM TAXES Under SPLIT PAYMENT on page 5, SB 796, effective June 15, 2007, allows a district located in a county with a population of 250,000 or more that borders Harris County and the Gulf of Mexico and that has its taxes collected by another taxing unit that has adopted the split-payment option to decline the option for the district’s taxes. On page 10, HB 621, effective January 1, 2008, provides that property that meets the statutory definition of GOODS-IN-TRANSIT is exempt from taxation. A school board, however, may provide for the taxation of goods-in-transit by official action. Such action must be taken before January 1 of the first tax year in which the district proposes to tax the goods, and the board must conduct a public hearing prior to taking action. Obsolete text regarding the election to approve the adopted 2006 tax rate has been deleted from page 4.

CCH (LEGAL) LOCAL REVENUE SOURCES APPRAISAL DISTRICT At PARTICIPATION, a provision allowing districts that extend into two or more counties to participate in only one appraisal district is deleted by HB 1010, effective January 1, 2008. As a result, districts must participate in the appraisal districts of all counties in which they have property.

CDB (LEGAL) OTHER REVENUES SALE, LEASE, OR EXCHANGE OF SCHOOL-OWNED PROPERTY At LEASE OF PROPERTY TO A GOVERNMENTAL ENTITY, beginning on page 2, is a new provision from HB 2618, effective May 25, 2007. To promote a public purpose of the district, a district may lease district property or provide office space to another governmental entity. While the district must ensure that the terms of the lease or agreement promote the public purpose, the district is not required to comply with competitive purchasing and may provide the lease or office space for less than fair market value.

CDC (LEGAL) OTHER REVENUES GRANTS FROM PRIVATE SOURCES At APPLICATION FOR GRANT, HB 2358, effective September 1, 2007, changes the account into which districts must deposit grant funds received to pay for state contributions to the retirement system and to the group insurance program for retirees. Previously, the deposit was made to the General Revenue Fund; now the deposit must be made to the state contribution account.

CKC (LEGAL) SAFETY PROGRAM/RISK MANAGEMENT EMERGENCY PLANS The district’s multihazard emergency operations plan must now include provisions for responding to a TRAIN DERAILMENT near a district school if a district school is located within 1000 yards of a railroad track. Although the statutory text, from SB 1504, effective September 1, 2007, refers to the train derailment provisions as a “policy,” the provisions are to be included in the multihazard emergency operations plan, rather than the district’s policy manual.

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Districts must also report the results of their SECURITY AUDITS to the Texas School Safety Center, as provided by SB 11, effective September 1, 2007.

CL (LEGAL) BUILDINGS, GROUNDS, AND EQUIPMENT MANAGEMENT A new provision at REDUCTION OF ENERGY CONSUMPTION reflects material from HB 3693, effective September 1, 2007. The board must establish a goal to reduce the district’s annual electric consumption by five percent each year for six years, beginning in 2007. Two other provisions are also added from HB 3693 at ENERGY USAGE REPORT and LIGHT BULBS, beginning on page 3. A district must electronically record and report on the district’s Web site utility usage amounts and the respective costs. In addition, light fixtures in instructional facilities must have energy efficient light bulbs. At FINANCING, beginning on page 2, SB 831, effective June 15, 2007, enables districts to finance energy savings performance contracts under a lease/purchase contract for a longer term than previously allowed. Financing may now be for 20 years from the final date of installation, rather than 15 years, as before. The bill also extends the permissible financing term when the provider of the energy or water conservation measure provides the financing. SB 831 also adds detail about the COST SAVINGS REVIEW that must occur before a district may enter into an energy savings performance contract. The Texas Building and Procurement Commission’s obligation to work with districts to develop a RECYCLING PROGRAM has been shifted to the comptroller. This change, reflected on page 4, comes from HB 3560, effective September 1, 2007.

CNB (LEGAL) TRANSPORTATION MANAGEMENT DISTRICT VEHICLES Pursuant to HB 3560, effective September 1, 2007, two references to the Texas Building and Procurement Commission have been changed to the comptroller: • At AUTHORIZATION TO PURCHASE OR LEASE VEHICLES, on page 1, districts may now purchase school motor vehicles through the comptroller; and • At SALE OF BUSES, on page 2, districts may ask the comptroller to dispose of school buses that the district no longer needs. A new provision from HB 323, effective September 1, 2007, has been added at SEAT BELTS, also on page 2. On school buses equipped with seat belts, districts must require students to wear the belts; for buses not already equipped with seat belts, districts must consider offers of donations to install three-point seat belts. Also from HB 323 is a new provision, beginning on page 3, requiring districts to make school bus ACCIDENT REPORTS to TEA. The reports must include information on the type of bus, whether the bus was equipped with seat belts, the number of individuals involved in the accident, a description of injuries sustained in the accident, and whether injured persons were wearing seat belts. TEA will be drafting rules to determine whether additional information needs to be included in the reports.

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CRD (LEGAL) INSURANCE AND ANNUITIES MANAGEMENT HEALTH AND LIFE INSURANCE HB 2427, effective September 1, 2007, deletes the requirement at COMPLIANCE REPORT, beginning on page 2, that TRS certify whether the district’s coverage is comparable to the basic health coverage provided to state employees for a district that does not participate in TRS ActiveCare. A district that does not participate in TRS ActiveCare must continue to report its compliance to TRS. In addition, the district must now make the report and its group health insurance policy or contract available at the central administrative office of each campus and on the district’s Web site, if the district maintains one. At HEALTH INSURANCE CONTRIBUTIONS FOR REHIRED RETIREES, on page 4, SB 1846, effective September 1, 2007, expands the circumstances under which the district is exempt from making contributions for retirees to TRS. Previously, districts did not have to pay the contribution for a person whom the district had reported as a retiree on January 1, 2005. Now a district does not have to pay the contribution for a person who retired before September 1, 2005, the date this requirement took effect, regardless of whether the district employed the retiree at that time. This change applies only to contributions made after September 1, 2007. At CONTINUATION COVERAGE—AFTER RESIGNATION, on page 5, is a provision from HB 973. Effective with the 2007–08 school year, an employee who resigns after the end of the school year is eligible to continue health insurance coverage for one year from the date coverage was made available to district employees in the previous year. The district must continue its contributions during this time. As a result of this provision, most employees will have coverage during the summer months. The period for which an employee on military leave may continue health insurance coverage has been extended by federal law from 18 to 24 months. This change is reflected at CONTINUATION COVERAGE, DURING MILITARY LEAVE, also on page 5. A portion of the material at CONTINUATION COVERAGE, DURING FMLA LEAVE has been deleted as this text is duplicated at DEC(LEGAL).

CRG (LEGAL) INSURANCE AND ANNUITIES MANAGEMENT DEFERRED COMPENSATION AND ANNUITIES ANNUITIES for which a district may enter into a salary reduction agreement with an employee must now be registered with TRS. This new requirement, reflected on page 1, is from HB 2427, effective September 1, 2007. As provided by HB 2341, effective September 1, 2007, districts must allow salary reductions for TRS certified and registered annuities except in certain circumstances listed at PROHIBITIONS ON DISTRICT, on page 2.

CS (LEGAL) FACILITY STANDARDS A new provision from HB 1886 is added at PORTABLE BUILDINGS, on page 4. All portable, modular buildings capable of being relocated that are purchased or leased after September 1, 2007, must be inspected as provided by the Occupations Code to ensure compliance with mandatory building codes or approved designs, plans, and specifications.

CV (LEGAL) FACILITIES CONSTRUCTION Various bills from the 80th Legislative Session affect this policy:

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• HB 2918, effective September 1, 2007, removes certain catalog purchases made through the state from the list of permissible purchasing methods for CONTRACTS VALUED AT OR ABOVE $25,000, on page 1. • HB 1268, effective September 1, 2007, prohibits construction contracts from providing for an award of ATTORNEY FEES to the district when the district prevails in a dispute, unless the contract provides for such an award to the other parties should they prevail in a dispute. • SB 883, effective May 25, 2007, provides that districts do not need to pay IMPACT FEES imposed under Local Government Code Chapter 395 unless the board consents through a contract with the governmental entity that imposes the fees. • HB 1886 prohibits the use of an interlocal contract after September 1, 2007, to purchase engineering or architectural services, as reflected at PROFESSIONAL SERVICES on page 3. • HB 3560, effective September 1, 2007, transfers several duties from the Texas Building and Procurement Commission to the comptroller, requiring a conforming change at OUT-OF-STATE BIDDERS, on page 6. • HB 2625, effective September 1, 2007, removes the requirement that a U.S. Department of Labor survey used by a district to determine the PREVAILING WAGE ON PUBLIC WORKS be conducted within the previous three years.

CVF (LEGAL) FACILITIES CONSTRUCTION JOB ORDER CONTRACTS HB 1886, effective September 1, 2007, clarifies that when ARCHITECT OR ENGINEER services are required for a job order contract, the district shall follow the usual method of selection under Government Code Chapter 2254, which requires consideration of demonstrated competence and qualifications.

D (LEGAL) PERSONNEL We have revised the D section table of contents to remove the obsolete policy code DBF, to update the title of the DF series from Termination of Contract to Termination of Employment, and to update the title of policy DMB (previously Special Programs Training) to Career Advancement.

DBD (LOCAL) EMPLOYMENT REQUIREMENTS AND RESTRICTIONS CONFLICT OF INTEREST Added to this code are provisions addressing NONSCHOOL EMPLOYMENT. The new provisions require an employee to disclose in writing to his or her immediate supervisor any outside employment that may create a potential conflict of interest with the employee’s duties or the best interest of the district. Employees must also report in writing any private tutoring of district students for pay. These disclosures permit the supervisor to examine nonschool employment on a case-by-case basis and determine whether it should be prohibited based on a conflict of interest. We have retained unaltered the district’s locally developed provisions at GIFTS.

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DBE (LEGAL) EMPLOYMENT REQUIREMENTS AND RESTRICTIONS NEPOTISM We have rearranged text and added margin notes to distinguish between the different nepotism provisions that apply depending on whether a district is located wholly in, or whose largest part is located in, a county with a population of 35,000 or more. [See COUNTIES WITH POPULATION 35,000 OR MORE and COUNTIES WITH POPULATION LESS THAN 35,000, on page 1.] See the explanatory note at BBFB(LEGAL) for more information on the nepotism provisions.

DH (LEGAL) EMPLOYEE STANDARDS OF CONDUCT A provision from SB 606, effective June 16, 2007, is added at REPORT TO SBEC OF EDUCATOR MISCONDUCT. In a report to SBEC of an improper relationship between an educator and a student, a superintendent must report the name of the student or minor. The student’s name is not subject to release in a request for information under the Public Information Act.

DHE (LEGAL) EMPLOYEE STANDARDS OF CONDUCT SEARCHES AND ALCOHOL/DRUG TESTING At REPORTS, beginning on page 2, SB 328, effective September 1, 2007, clarifies that a district must report a dilute specimen to the Department of Public Safety only if it results in a positive test. The definition of “dilute specimen” from the federal regulations has also been added.

DK (LEGAL) ASSIGNMENT AND SCHEDULES At ASSIGNMENT, SB 158, effective September 1, 2007, requires educational diagnosticians to be certified or to hold an appropriate permit. This bill codifies current practice based on existing regulations at 19 TAC 230.601.

EIF (LEGAL) ACADEMIC ACHIEVEMENT GRADUATION HB 1563, effective June 15, 2007, requires a district to award a POSTHUMOUS DIPLOMA to a student who dies while enrolled in the district as a senior if the student was academically on track to graduate at the time of death. There is an exception for students convicted or adjudicated as having engaged in a felony offense under Titles 5 or 6 of the Penal Code. This provision applies beginning with students enrolled in grade 12 during the 2005–06 school year. HB 2237, effective June 15, 2007, encourages districts to develop a PERSONAL GRADUATION PLAN for each student entering ninth grade. Districts are already required to develop these plans for students who fail a state assessment instrument or who are not likely to graduate within five years of beginning ninth grade. Detailed provisions on EXIT-LEVEL ASSESSMENT have been moved from this policy to EKB(LEGAL), a policy dedicated to state assessment testing. Provisions regarding notice of graduation requirements, which require districts to inform parents of state testing requirements for graduation, have been deleted from this code since they are already included at EKB(LEGAL).

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EK (LEGAL) TESTING PROGRAMS An introductory statement from SB 1031 has been added to the section on COLLEGE PREPARATION ASSESSMENTS indicating that provisions from Education Code 39.0261 apply only if the legislature appropriates funds for these purposes. Because no funds were appropriated for this purpose, the provisions are not effective for this biennium.

EKB (LEGAL) TESTING PROGRAMS STATE ASSESSMENT Changes were made throughout this code, as follows: • Text at STATE ASSESSMENT OF ACADEMIC SKILLS, on page 1, and NOTICE TO PARENTS AND STUDENTS, on page 2, has been revised for clarity. • Limitations on student participation in UIL activities during state testing, adopted by TEA in April 2006, have been added at SCHEDULE, on page 1. • Provisions on ACCOMMODATIONS, on page 3, including accommodations for dyslexic students, have been moved to clarify that such accommodations are not limited to special education students. • As indicated in the explanatory note for EIF(LEGAL), information on EXIT-LEVEL TESTING has been added at page 3. • A provision requiring TEA to develop alternate assessment instruments for special education students has been deleted, as this is not an obligation of the district. • Beginning on page 4, provisions addressing special populations have been rearranged for clarity and are now organized in three sections regarding students in SPECIAL EDUCATION, LIMITED ENGLISH PROFICIENCY (LEP) STUDENTS, and LEP STUDENTS IN SPECIAL EDUCATION.

FEA (LEGAL) ATTENDANCE COMPULSORY ATTENDANCE A DISTRICT COMPLAINT OR REFERRAL regarding a student’s failure to attend school must now be made within ten school days of the student’s tenth absence. Previously, complaints or referrals had to be made within seven days of the student’s last absence. These changes, reflected on page 7, come from SB 1161, effective June 15, 2007, and HB 2884, effective September 1, 2007, which were clarified by the recent Attorney General Opinion GA-574 (October 2, 2007).

FED (LEGAL) ATTENDANCE ATTENDANCE ENFORCEMENT Text at this code has been rearranged to address, in sequence, current statutory options regarding attendance enforcement: assigning the duties and responsibilities of the ATTENDANCE OFFICER to a regular district employee or to a PEACE OFFICER who is employed by the district for this purpose. A new provision on page 2 from HB 2237 allows PEACE OFFICERS to return a truant student to the appropriate district campus so that the student may meet compulsory attendance requirements. This provision was effective September 1, 2007.

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FFAA (LEGAL) WELLNESS AND HEALTH SERVICES PHYSICAL EXAMINATIONS SB 530, effective with the 2007–08 school year, requires districts to do a PHYSICAL FITNESS ASSESSMENT on each student in grades 3 through 12, using an instrument called FitnessGram. [See www.fitnessgram.net/texas/ for more information.] Districts must also report a summary of the results to TEA, though individual student results are confidential and may be released only in accordance with law. As indicated in the Model Student Handbook, parents may request a copy of their child’s assessment at the end of the school year. SB 415, effective September 1, 2007, converts the acanthosis nigricans screening program to a broader risk assessment screening for type 2 diabetes. Students identified with acanthosis nigricans during the risk assessment screening must be further assessed for body mass index and blood pressure. The bill also creates a new requirement for the superintendent to report the screening results to the University of Texas-Pan American Border Health Office. These changes are reflected at RISK ASSESSMENT FOR TYPE 2 DIABETES, beginning on page 2.

FM (LEGAL) STUDENT ACTIVITIES Provisions on STEROID TESTING are added from SB 8, requiring the UIL to adopt rules and implement testing of high school students during the 2007–08 school year. In general, districts must keep test results of individual students confidential. At ELIGIBILITY, HB 208, effective beginning with the 2007–08 school year, clarifies that students otherwise eligible to participate in extracurricular or UIL activities are not ineligible because they are enrolled in dual-credit courses or concurrent enrollment programs. This addresses situations in which a student was considered ineligible because he or she was not enrolled full-time in courses on the district’s campus. At ADVANCED COURSES on page 2 is a new provision from SB 1517, also effective with the 2007–08 school year, stating that all advanced placement and international baccalaureate courses are exempt from the no pass, no play requirements. Honors and concurrent enrollment courses are exempt only if they are in the subject areas of English language arts, mathematics, science, social studies, economics, or a language other than English. We encourage each district to examine the courses it has designated for this purpose to ensure that all courses meet this new standard. Further guidance on the designation of these courses is available on the UIL’s Web site at www.uil.utexas.edu/policy/no_pass_update.html.

FMH (LEGAL) STUDENT ACTIVITIES COMMENCEMENT At SPECIAL EDUCATION STUDENTS, SB 673, effective May 8, 2007, requires a district to issue a certificate of attendance to a special education student who has completed four years of high school but has not completed his or her IEP and to allow the student to participate in a graduation ceremony with other students receiving high school diplomas. If the special education student subsequently completes his or her IEP, the student may receive a diploma.

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FN (LOCAL) STUDENT RIGHTS AND RESPONSIBILITIES To this policy we have added a provision reflecting the common practice of distributing student handbooks electronically on district Web sites. Districts that choose electronic DISTRIBUTION must still provide a hard copy of the handbook if a student or parent requests one. If your district does not provide for electronic distribution, please contact your policy consultant/analyst for appropriate text.

FNAA (LOCAL) STUDENT EXPRESSION DISTRIBUTION OF NONSCHOOL LITERATURE At Update 81, a provision was added to FNA(LEGAL) based on the recent U.S. Supreme Court case Morse v. Frederick, which clarified that because of the special characteristics of the school environment and the governmental interest in stopping student drug use, a district may restrict student expression that it reasonably regards as promoting illegal drug use. This case also applies to student distribution of nonschool literature. Accordingly, we have added a provision at LIMITATIONS ON CONTENT prohibiting student distribution of nonschool literature that promotes illegal use of drugs, alcohol, or other controlled substances.

FNCG (LEGAL) STUDENT CONDUCT WEAPONS HB 2112, effective September 1, 2007, modified the restriction against FIREARMS on school property to expressly include parking areas and garages on the property. A violation of the prohibition occurs only if the person intends to cause alarm, personal injury to another person, or damage to school property and if the person intentionally exhibits, uses, or threatens to exhibit or use the firearm.

FOCA (LEGAL) PLACEMENT IN A DISCIPLINARY ALTERNATIVE EDUCATION SETTING DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM OPERATIONS Two changes from HB 426, effective September 1, 2007, are added at items 7 and 8 at DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM, on page 1: DAEP teachers must meet all certification requirements, and instructional time per day in the DAEP must not be less than the minimum amount of time required for non-disciplinary programs. A new provision from HB 2532, effective June 15, 2007, is at ASSESSMENT OF ACADEMIC GROWTH on page 1. This provision requires districts to assess the academic growth of students placed in a DAEP for 90 school days or longer. The Commissioner will develop an assessment instrument for this purpose.

FOD (LEGAL) STUDENT DISCIPLINE EXPULSION Districts that admit OVERAGE STUDENTS for the purpose of allowing the students to obtain a diploma may not place such students in a JJAEP. If an overage student engages in conduct that would normally result in JJAEP placement, the district must revoke the student’s admission. This provision, on page 1, comes from HB 1137 and is effective with the 2007–08 school year. From HB 8, effective September 1, 2007, is added a new school-related offense that results in MANDATORY EXPULSION: continuous sexual abuse of a young child or children.

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G (LEGAL) COMMUNITY We have revised the G section table of contents to include the new policy code GRC, Emergency Management.

GKA (LEGAL) COMMUNITY RELATIONS CONDUCT ON SCHOOL PREMISES At FIREARMS/WEAPONS on page 3, HB 2112, effective September 1, 2007, modifies the restriction against firearms on school property to expressly include parking areas and garages on the property. A violation of the prohibition occurs only if the person intends to cause alarm, personal injury to another person, or damage to school property and if the person intentionally exhibits, uses, or threatens to exhibit or use the firearm. It is now a DEFENSE TO PROSECUTION for a concealed handgun license holder who carries a handgun to interscholastic events or board meetings if the holder is a judge or justice of a federal court, an active judicial officer, a district or county attorney, or a bailiff at the time of the commission of the offense. This new text, beginning on page 4, is from HB 1889 and HB 2300, both effective June 15, 2007.

GKDA (LOCAL) NONSCHOOL USE OF SCHOOL FACILITIES DISTRIBUTION OF NONSCHOOL LITERATURE At Update 81, a provision was added to FNA(LEGAL) based on the recent U.S. Supreme Court case Morse v. Frederick, which clarified that because of the special characteristics of the school environment and the governmental interest in stopping student drug use, a district may restrict student expression that it reasonably regards as promoting illegal drug use. This case also permits a district to regulate the distribution of nonschool literature on district premises. Accordingly, we have added a provision at LIMITATIONS ON CONTENT prohibiting distribution of nonschool literature that promotes illegal use of drugs, alcohol, or other controlled substances. The district’s locally developed provision at PRIOR REVIEW, item 2, regarding the length of time the superintendent or designee has to either approve or reject submitted materials has been retained unaltered.

GND (LEGAL) RELATIONS WITH EDUCATIONAL ENTITIES STATE EDUCATION AGENCY Item 5 at ACADEMIC EXCELLENCE INDICATORS has been revised based on SB 1031, which implements end-of-course assessments beginning in the 2011–12 school year. Until the State Board of Education develops the end-of-course assessments, students will continue to be assessed using exit- level assessments. On page 2, text from SB 1871, effective June 15, 2007, requires districts to report the performance of limited English proficient students disaggregated by the bilingual education or special language program in which they are or were enrolled. Also from SB 1031 is a new provision, at item 8 on page 5, allowing the Commissioner to initiate a special ACCREDITATION INVESTIGATION following suspicion of a possible violation of an assessment instrument security procedure.

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The performance of students confined to a Texas Youth Commission facility is reported separately from the performance of other students in the district in which the facility is located. Now, HB 3092, effective with the 2007–08 school year, also exempts from a district’s performance CONFINED STUDENTS in a residential program or facility operated by or under contract with the Texas Juvenile Probation Commission or any other governmental entity, including a juvenile board. This change is reflected on page 7.

GR (LEGAL) RELATIONS WITH GOVERNMENTAL ENTITIES At TRANSPORTATION SYSTEM, HB 273, effective June 15, 2007, permits a district to establish a transportation system outside the district through an interlocal contract.

GRA (LEGAL) RELATIONS WITH GOVERNMENTAL ENTITIES LOCAL GOVERNMENTAL AUTHORITIES On page 2 at STUDENTS IN CUSTODY, a new provision is added from HB 776, effective September 1, 2007, allowing a person who has taken a child into custody to release the child to the principal, principal’s designee, or a peace officer at the child’s school if the school staff member agrees to assume responsibility for the child for the remainder of the school day. HB 2532, effective June 15, 2007, now requires the office of the prosecuting attorney to provide to a district information on whether a student is required to register as a sex offender. This change appears at NOTICE OF DISPOSITION OF CHARGES, on page 3. When a superintendent receives information from the prosecuting attorney about the CONVICTION OR ADJUDICATION OF A STUDENT (see page 4), the superintendent must provide notification to personnel within 24 hours of receiving the information. The statute was previously silent on how quickly the superintendent needed to provide the notification. On page 4, HB 2532 also changes the NOTICE TO PERSONNEL requirements when a student is arrested or taken into custody. The superintendent must promptly notify personnel who have responsibility for supervising such a student. In addition, the superintendent may provide to the relevant personnel confidential information about the arrest if the superintendent determines that the information is needed for educational or safety purposes. Any person, including a district, must release to the Texas Department of Family and Protective Services (DFPS) otherwise confidential information regarding the location or identifying information of a family subject to a Child Protective Services investigation if DFPS requests the information. This new provision appears at CPS INVESTIGATIONS AT SCHOOLS beginning on page 5 and is from SB 758, effective September 1, 2007.

GRC (LEGAL) RELATIONS WITH GOVERNMENTAL ENTITIES EMERGENCY MANAGEMENT This new policy was developed to gather together in a single code provisions on emergency management that involve other governmental entities. HB 1471, effective June 15, 2007, establishes the Texas Statewide Mutual Aid System, which permits a district to render mutual aid to other local government entities. The term “local government entity” is defined to include independent school districts. If a district receives a request for aid, the district must determine whether it has sufficient local resources to provide assistance. The requesting governmental entity is responsible for reimbursing the provider district for the cost of the aid.

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An appointed public officer whose job includes emergency management responsibilities must complete a training course regarding the responsibilities of state and local governments under the mutual aid provisions. This new requirement, at EMERGENCY MANAGEMENT TRAINING on page 3, comes from SB 11, effective June 6, 2007.

- 13 - Please Note: This manual does not have policies in all codes. The coding structure is common to all TASB manuals and is designed to accommodate expansion of both (LEGAL) and (LOCAL) policy topics and administrative regulations.

SECTION A: BASIC DISTRICT FOUNDATIONS

AA DISTRICT LEGAL STATUS

AB DISTRICT NAME

AC GEOGRAPHIC BOUNDARIES

AE EDUCATIONAL PHILOSOPHY

AG HOME-RULE DISTRICTS

AH OPEN-ENROLLMENT CHARTER SCHOOLS

DATE ISSUED: 1/23/2008 1 of 1 UPDATE 82 A(LEGAL)-P

Humble ISD 101913

EDUCATIONAL PHILOSOPHY AE (EXHIBIT)

PUBLIC EDUCATION MISSION, GOALS, AND OBJECTIVES

The mission of the Texas public education system is to ensure that all Texas children have access to a quality education that enables them to achieve their full potential and fully participate now and in the future in the social, economic, and educational opportunities in our state and nation. That mission is grounded on the conviction that a general diffusion of knowledge is essential for the welfare of Texas and for the preservation of the liberties and rights of Texas citizens. It is further grounded on the conviction that a successful public education system is directly related to a strong, dedicated, and supportive family and that parental in- volvement in the school is essential for the maximum educational achievement of a child. The objectives of public education are: OBJECTIVE 1: Parents will be full partners with educators in the education of their children. OBJECTIVE 2: Students will be encouraged and challenged to meet their full educational potential. OBJECTIVE 3: Through enhanced dropout prevention efforts, all students will remain in school until they obtain a diploma. OBJECTIVE 4: A well-balanced and appropriate curriculum will be provided to all students. OBJECTIVE 5: Educators will prepare students to be thoughtful, active citizens who have an appreciation for the basic values of our state and national heritage and who can understand and productively function in a free enterprise society. OBJECTIVE 6: Qualified and highly effective personnel will be recruited, developed, and retained. OBJECTIVE 7: Texas students will demonstrate exemplary performance in comparison to national and international standards. OBJECTIVE 8: School campuses will maintain a safe and disciplined environment condu- cive to student learning. OBJECTIVE 9: Educators will keep abreast of the development of creative and innovative techniques in instruction and administration using those techniques as appropriate to improve student learning. OBJECTIVE 10: Technology will be implemented and used to increase the effectiveness of student learning, instructional management, staff development, and administration. The academic goals of public education are to serve as a foundation for a well-balanced and appropriate education. The students in the public education system will demonstrate exemplary performance in: GOAL 1: The reading and writing of the English language. GOAL 2: The understanding of mathematics. GOAL 3: The understanding of science. GOAL 4: The understanding of social studies. Education Code 4.001, 4.002

DATE ISSUED: 1/23/2008 1 of 1 UPDATE 82 AE(EXHIBIT)-P Humble ISD 101913

ETHICS BBFB PROHIBITED PRACTICES (LEGAL)

RESTRICTIONS ON “Public servant” shall mean a person elected, selected, appointed, PUBLIC SERVANTS — employed, or otherwise designated as one of the following, even if PENAL CODE the person has not yet qualified for office or assumed his or her duties: 1. An officer, employee, or agent of government; or 2. A candidate for nomination or election to public office. Penal Code 1.07(a)(41)(A), (E) Prohibited activities are covered by, but are not limited to, the following:

BRIBERY 1. A public servant shall not intentionally or knowingly offer, confer, agree to confer on another, solicit, accept, or agree to accept a benefit: a. As consideration for the public servant’s decision, opinion, recommendation, vote, or other exercise of discretion as a public servant. b. As consideration for a violation of a duty imposed on the public servant by law. c. That is a political contribution as defined by Title 15 of the Election Code or an expenditure made and reported as a lobbying expense in accordance with Government Code, Chapter 305, if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion, if such exercise of official discretion would not have been taken or withheld but for the benefit. “Benefit” means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest. Penal Code 36.01(3), 36.02

ILLEGAL GIFTS 2. A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions shall not solicit, accept, or agree to accept any benefit from a person the public servant knows is interested in or likely to become interested in any such transactions of the District. Penal Code 1.07(41)(A), (E), 36.08(d) A public servant who receives an unsolicited benefit that the public servant is prohibited from accepting under this section

DATE ISSUED: 1/23/2008 1 of 6 UPDATE 82 BBFB(LEGAL)-P Humble ISD 101913

ETHICS BBFB PROHIBITED PRACTICES (LEGAL)

may donate the benefit to a governmental entity that has the authority to accept the gift or may donate the benefit to a recognized tax exempt charitable organization formed for educational, religious, or scientific purposes. Penal Code 36.08(i)

EXCEPTIONS “Illegal gifts to public servants” does not apply to: a. A fee prescribed by law to be received by a public servant or any other benefit to which the public servant is lawfully entitled or for which he or she gives legitimate consideration in a capacity other than as a public servant; b. A gift or other benefit conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient; c. A benefit to a public servant required to file a statement under Chapter 572, Government Code, or a report under Title 15, Election Code, that is derived from a function in honor or appreciation of the recipient if: (1) The benefit and the source of any benefit in excess of $50 is reported in the statement; and (2) The benefit is used solely to defray the expenses that accrue in the performance of duties or activities in connection with the office which are nonreim- bursable by the state or political subdivision; d. A political contribution as defined by Title 15, Election Code; e. An item with a value of less than $50, excluding cash or a negotiable instrument as described by Business and Commerce Code 3.104; f. An item issued by a governmental entity that allows the use of property or facilities owned, leased, or operated by the governmental entity; or g. Food, lodging, transportation, or entertainment accepted as a guest and, if the donee is required by law to report those items, reported by the donee in accordance with that law. Penal Code 36.10

HONORARIA AND 3. A public servant commits a class A misdemeanor offense if he EXPENSES or she solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not

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ETHICS BBFB PROHIBITED PRACTICES (LEGAL)

have been requested to provide but for his or her official position or duties. However, a public servant is not prohibited from accepting transportation and lodging expenses or meals in connection with a conference or similar event in which he or she renders services, such as addressing an audience or engaging in a seminar, to the extent those services are more than merely perfunctory. Penal Code 36.07

ABUSE OF OFFICE 4. A public servant shall not, with intent to obtain a benefit or with intent to harm or defraud another, intentionally or knowingly violate a law relating to the office or misuse District property, services, personnel, or any other thing of value, belonging to the District, that has come into his or her custody by virtue of his or her office or employment. Penal Code 39.02(a) “Law relating to the office” means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly imposes a duty on the public servant or governs the conduct of the public servant. Penal Code 39.01(1) “Misuse” means to deal with property contrary to: a. An agreement under which the public servant holds the property; b. A contract of employment or oath of office of a public servant; c. A law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or d. A limited purpose for which the property is delivered or received. Penal Code 39.01(2)

NEPOTISM 5. Except as provided by law, a public official may not appoint a person to a position that is to be directly or indirectly compensated from public funds or fees of office if: a. The person is related to the public official by blood (consanguinity) within the third degree or by marriage (affinity) within the second degree; or b. The public official holds the appointment or confirmation authority as a member of a local board and the person is

DATE ISSUED: 1/23/2008 3 of 6 UPDATE 82 BBFB(LEGAL)-P Humble ISD 101913

ETHICS BBFB PROHIBITED PRACTICES (LEGAL)

related to another member of the board by blood or marriage within a prohibited degree. Gov’t Code 573.002, 573.041; Atty. Gen. Op. JC-184 (2000) [See DBE]

DEFINITION OF “Public official” shall mean: PUBLIC OFFICIAL a. An officer of this state or of a district, county, municipality, precinct, school district, or other political subdivision of this state; or b. An officer or member of a board of this state or of a district, county, municipality, school district, or other political subdivision of this state. Gov’t Code 573.001(3) The nepotism law governs the hiring of an individual, whether the individual is hired as an employee or an independent contractor. Atty. Gen. Op. DM-76 (1992) A public official may not approve an account or draw or authorize the drawing of a warrant or order to pay the compensation of an ineligible individual if the official knows the individual is ineligible. Gov’t Code 573.083

COUNTIES WITH In a district located wholly in, or whose largest part is located POPULATION in, a county with a population of 35,000 or more, if, under the 35,000 OR MORE District’s employment policy [see DC], the Board delegates to the Superintendent the final authority to select District personnel: a. The Superintendent is a public official for the purposes of the nepotism prohibitions only with respect to a decision made under that delegation of authority; and b. Each member of the Board remains subject to the nepotism prohibitions with respect to all District employees. For purposes of this provision, a person hired by the District before September 1, 2007, is considered to have been in continuous employment [see DBE] and is not prohibited from continuing employment with the District subject to the abstention requirements. Education Code 11.1513(f)–(h)

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ETHICS BBFB PROHIBITED PRACTICES (LEGAL)

COUNTIES WITH In a district located wholly in, or whose largest part is located POPULATION in, a county with a population of less than 35,000: LESS THAN 35,000 a. A Trustee of a board that has delegated to the Superin- tendent final authority for personnel selection is not subject to the nepotism provisions to the extent of such delegation. Atty. Gen. Op. GA-123 (2003) b. Nevertheless, a Trustee may remain the relevant public official for nepotism purposes concerning some employment decisions, such as renewal. Atty. Gen. Op. GA-177 (2004)

FORMER TRUSTEE 6. A Trustee of the District may not accept employment with the EMPLOYMENT District until the first anniversary of the date the Trustee’s membership on the Board ends. Education Code 11.063

INCOMPATIBILITY OF 7. One person may not occupy two legally incompatible offices. OFFICE Offices are legally incompatible when the faithful and independent exercise of one would necessarily interfere with the faithful and independent exercise of the other. A person may not serve in one branch of government while exercising any powers properly attached to either of the other branches of government. Texas Constitution, Art. II, Sec. 1; State v. Mar- tin, 51 S.W.2d 815 (Tex. Civ. App. 1932); Thomas v. Aber- nathy County Line ISD, 290 S.W. 15 (Tex. Comm. App. 1927); Turner v. Trinity ISD, 700 S.W.2d 1 (Tex. Ct. App. 1983); Atty. Gen. Op. JM-634 (1987)

DEPOSITORY 8. A Trustee who is a stockholder, officer, director, or employee CONFLICT of a bank that has bid or submitted a proposal to become a depository for the District shall not vote on the awarding of a depository contract to said bank. Education Code 45.204(b)

TEXTBOOK 9. A Trustee commits a class B misdemeanor offense if the Trus- VIOLATIONS— tee receives any commission or rebate on any textbooks used COMMISSIONS in the schools with which the Trustee is associated. Educa- tion Code 31.152(a)

TEXTBOOK 10. A Trustee commits a class B misdemeanor offense if the Trus- VIOLATIONS— tee accepts a gift, favor, or service that: CONFLICT a. Is given to the person or the person’s school; b. Might reasonably tend to influence a Trustee in the selection of a textbook; and c. Could not be lawfully purchased with funds from the state textbook fund.

DATE ISSUED: 1/23/2008 5 of 6 UPDATE 82 BBFB(LEGAL)-P Humble ISD 101913

ETHICS BBFB PROHIBITED PRACTICES (LEGAL)

“Gift, favor, or service” does not include staff development, in- service, or teacher training; or instructional materials, such as maps or worksheets, that convey information to the student or otherwise contribute to the learning process. Education Code 31.152(b)–(d)

TEXTBOOK 11. A Trustee commits a Class C misdemeanor offense if the VIOLATIONS— Trustee knowingly violates any law providing for the purchase PURCHASE AND or distribution of free textbooks for the public schools. Educa- DISTRIBUTION tion Code 31.153

DATE ISSUED: 1/23/2008 6 of 6 UPDATE 82 BBFB(LEGAL)-P Humble ISD 101913

OFFICERS AND OFFICIALS BDAF SELECTION AND DUTIES OF CHIEF TAX OFFICIALS (LEGAL)

APPRAISAL FUNCTION Appraisal of taxable property in the District shall be conducted by the countywide appraisal district(s). Tax Code 6.01(b)

REGISTRATION In accordance with the Property Taxation Professional Certification REQUIREMENTS Act, the following District tax officials shall be registered with the Board of Tax Professional Examiners: 1. Tax assessor-collector. 2. Tax collector. 3. Chief administrator, as designated by the Board, of the Dis- trict’s assessment and/or collecting functions. 4. All persons engaged in appraisals of real or personal property for ad valorem tax purposes. 5. Other persons, as required by the chief administrator, who perform assessment or collection functions for the District. Occupations Code 1151.151

SELECTION OF The Board may, for a tax assessor or collector: ASSESSOR AND COLLECTOR 1. Require the county to assess and collect taxes for the District. Tax Code 6.22(c) 2. Contract with another taxing unit or the countywide appraisal district(s) to assess and/or collect. Tax Code 6.24(a) 3. Employ a person to assess or collect taxes. Education Code 45.231

DUTIES The assessor and collector shall assess, collect, or assess and collect taxes as applicable. Tax Code 6.23(b)

ASSESSOR The assessor or designated officer or employee shall calculate the effective tax rate and the rollback tax rate and submit these rates to the Board. Tax Code 26.04(c), (e) The assessor shall: 1. Calculate the tax on each property by applying the adopted rates to the appraised value. Tax Code 26.09 2. Prepare and mail a tax bill, including school-specific requirements found in Tax Code 31.01(d-1), to each person, and authorized agent, in whose name property is listed on the tax roll. If the assessor mails a tax bill to a mortgagee of a property, the assessor is not required to mail a copy of the bill to any mortgagor under the mortgage or to the mortgagor's authorized agent. Tax Code 31.01

DATE ISSUED: 1/23/2008 1 of 3 UPDATE 82 BDAF(LEGAL)-P Humble ISD 101913

OFFICERS AND OFFICIALS BDAF SELECTION AND DUTIES OF CHIEF TAX OFFICIALS (LEGAL)

3. Perform other legal duties. Tax Code 6.23, 26.15

COLLECTOR The collector shall: 1. Certify to the Board an estimate of the collection rate for the current year, the amount of debt taxes, if applicable, and other required information. Tax Code 26.04(b) 2. At the request of any person, issue a certificate showing the amount of delinquent taxes, penalties, and interest due the District on a property according to the District’s current tax records. If the collector collects taxes for more than one taxing unit, the certificate must show the amount of delinquent taxes, penalties, and interest due to each of those taxing units. Tax Code 31.08(a) 3. At the request of a property owner, or his or her agent, issue a receipt showing the amount of taxes imposed by the District in the year(s) for which information is requested and the amount of taxes paid. Tax Code 31.075 4. Prepare and submit to the Board each month a written report made under oath accounting for all taxes collected for the Dis- trict during the preceding month. Tax Code 31.10(a) 5. Prepare and submit to the Board by the 60th day following the last day of the fiscal year an annual report made under oath accounting for all taxes collected or delinquent on property taxed by the District during the preceding 12-month period. Tax Code 31.10(b) 6. At least monthly, deposit in the District’s depository(ies) all taxes collected for the District. If taxes are collected by the collector or officer of another taxing unit or the appraisal district, deposits shall be made daily, unless the Board, by official action, provides that deposits may be made less often than daily. Tax Code 31.10(c), (d) 7. Refund overpayments or erroneous payments of taxes as provided by law. Tax Code 31.11 8. Refund duplicate payments of taxes as provided by law and inform the District’s auditor monthly of refunds made during the preceding month. Tax Code 31.111 9. Prepare a current and cumulative delinquent tax roll each year. Tax Code 33.03 10. At least once each year deliver a delinquent tax notice to each person whose name appears on the delinquent tax rolls, unless the person’s address is undetermined or a tax bill was

DATE ISSUED: 1/23/2008 2 of 3 UPDATE 82 BDAF(LEGAL)-P Humble ISD 101913

OFFICERS AND OFFICIALS BDAF SELECTION AND DUTIES OF CHIEF TAX OFFICIALS (LEGAL)

not mailed because the collector did not send a tax bill for an amount less than $15. Tax Code 31.01(f), 33.04 11. Perform other legal duties. Tax Code 6.23, 33.21–33.25

COLLECTOR’S A tax collector who is a District employee shall give bond condi- BOND tioned on the faithful performance of duties. The bond shall be made payable to and be approved by the Board in an amount determined by the Board. If the District’s taxes are collected by the collector of another taxing unit, by an officer or employee of another taxing unit or of an appraisal district, or by any other person, the Board may require the person to give bond conditioned on the faithful performance of duties. The bond shall be payable to, approved by, and paid for by the Board in an amount determined by the Board. The District shall pay the premium for the required bond from its general fund or as provided by intergovernmental contract. Tax Code 6.29

LIMIT ON The District may not enter into a contract relating to the perform- CONTRACTING ance of an activity governed by Title 1 of the Tax Code (i.e., the Property Tax Code) with a member of the board of directors of the appraisal district or districts in which the District participates or with a business entity in which a member of the appraisal board has a substantial interest. An individual has a substantial interest in a business entity if the combined ownership of the individual and the individual’s spouse is at least ten percent of the voting stock or share of the business entity or the individual or the individual’s spouse is a partner, limited partner, or officer of the business entity. “Business entity” means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or other entity recognized by law. Tax Code 6.036(c), (d)

DATE ISSUED: 1/23/2008 3 of 3 UPDATE 82 BDAF(LEGAL)-P Humble ISD 101913

BOARD MEETINGS BEC CLOSED MEETINGS (LEGAL)

EXCEPTIONS FOR The Board may conduct a closed meeting for the purposes de- CLOSED MEETINGS scribed in the following provisions.

ATTORNEY 1. The Board may conduct a private consultation with its attor- CONSULTATION ney only when it seeks the attorney’s advice about pending or contemplated litigation or a settlement offer or on a matter in which the duty of the attorney to the Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the requirement for open meetings. Gov’t Code 551.071 [See BE for permissible methods of communication for attorney consultations]

REAL PROPERTY 2. The Board may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the Board’s position in negotiations with a third person. Gov’t Code 551.072

PROSPECTIVE GIFT 3. The Board may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the Dis- trict if deliberation in an open meeting would have a detrimental effect on the Board’s position in negotiations with a third person. Gov’t Code 551.073

PERSONNEL 4. The Board is not required to conduct an open meeting to de- MATTERS liberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear a complaint or charge against an officer or employee. However, the Board may not conduct a closed meeting for these purposes if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. Gov’t Code 551.074 The closed meeting exception for personnel matters does not apply when the Board discusses an independent contractor who is not a school employee, such as an engineering, architectural, or consultant firm, or when the Board discusses a class or group of employees, not a particular employee. Atty. Gen. Op. MW-129 (1980), Atty. Gen. Op. H-496 (1975)

EMPLOYEE- The Board is not required to conduct an open meeting to de- EMPLOYEE liberate in a case in which a complaint or charge is brought COMPLAINTS against a District employee by another employee and the complaint or charge directly results in the need for a hearing. However, the Board may not conduct a closed meeting for this purpose if the employee against whom the complaint or charge is brought makes a written request for an open hearing. Gov’t Code 551.082

DATE ISSUED: 1/23/2008 1 of 4 UPDATE 82 BEC(LEGAL)-P Humble ISD 101913

BOARD MEETINGS BEC CLOSED MEETINGS (LEGAL)

STUDENT 5. The Board is not required to conduct an open meeting to de- DISCIPLINE liberate in a case involving discipline of a public school child. However, the Board may not conduct a closed meeting for this purpose if the child’s parent or guardian makes a written request for an open hearing. Gov’t Code 551.082

PERSONALLY 6. The Board is not required to conduct an open meeting to de- IDENTIFIABLE liberate a matter regarding a student if personally identifiable STUDENT information about the student will necessarily be revealed by INFORMATION the deliberation. Directory information about a public school student is considered to be personally identifiable information about the student for this purpose only if a parent or guardian of the student, or the student if the student has attained 18 years of age, has informed the District that the directory information should not be released without prior consent. [See FL] This exception does not apply if an open meeting about the matter is requested in writing by a parent or guardian of the student or by the student if the student has attained 18 years of age. Gov’t Code 551.0821

MEDICAL OR 7. A board that administers a public insurance, health, or retire- PSYCHIATRIC ment plan is not required to conduct an open meeting to de- RECORDS liberate: a. The medical records or psychiatric records of an individual applicant for a benefit from the plan; or b. A matter that includes a consideration of information in the medical or psychiatric records of an individual applicant for a benefit from the plan. Gov’t Code 551.0785

SECURITY 8. The Board is not required to conduct an open meeting to deliberate: a. The deployment, or specific occasions for implementation, of security personnel or devices; or b. A security audit. Gov’t Code 551.076

ASSESSMENT 9. The Board shall conduct a closed meeting to discuss or adopt INSTRUMENTS individual assessment instruments or assessment instrument items. Education Code 39.030(a)

DATE ISSUED: 1/23/2008 2 of 4 UPDATE 82 BEC(LEGAL)-P Humble ISD 101913

BOARD MEETINGS BEC CLOSED MEETINGS (LEGAL)

EMERGENCY 10. The Board is not required to conduct an open meeting to de- MANAGEMENT liberate information confidential under Government Code 418.175–418.182, relating to Homeland Security. However, the Board must make a tape recording of the proceedings of a closed meeting held to deliberate the information. Gov’t Code 418.183(f)

ECONOMIC 11. The Board is not required to conduct an open meeting DEVELOPMENT NEGOTIATIONS a. To discuss or deliberate regarding commercial or financial information that the Board has received from a business prospect that the Board seeks to have locate, stay, or expand in or near the District and with which the Board is conducting economic development negotiations; or b. To deliberate the offer of a financial or other incentive to such a business prospect. Gov’t Code 551.087

PROCEDURES FOR If a closed meeting is allowed, the Board shall not conduct the CLOSED MEETINGS closed meeting unless a quorum of the Board first convenes in an open meeting for which proper notice has been given [see BE] and the presiding officer has publicly announced that a closed meeting will be held and has identified the section or sections of the Open Meetings Act or other applicable law under which the closed meeting is held. Gov’t Code 551.101

VOTE OR FINAL A final action, decision, or vote on a matter deliberated in a closed ACTION meeting shall be made only in an open meeting for which proper notice has been given. Gov’t Code 551.102 [See BE]

CERTIFIED AGENDA The Board shall either keep a certified agenda or make a tape re- OR TAPE RECORDING cording of the proceedings of each closed meeting, except for private consultation with the District’s attorney. The certified agenda must include a statement of the subject matter of each deliberation, a record of any further action taken, and an announcement by the presiding officer at the beginning and end of the closed meeting indicating the date and time. A presiding officer shall certify that a certified agenda is a true and correct record of the proceedings. If a tape recording is made, it must include announcements by the presiding officer at the beginning and end of the meeting indicating the date and time. Gov’t Code 551.103 Closed meetings may not be recorded by an individual trustee against the wishes of a majority of the Board. Zamora v. Edge- wood ISD, 592 S.W.2d 649 (Tex. App.—San Antonio, 1979)

DATE ISSUED: 1/23/2008 3 of 4 UPDATE 82 BEC(LEGAL)-P Humble ISD 101913

BOARD MEETINGS BEC CLOSED MEETINGS (LEGAL)

PRESERVATION The Board shall preserve the certified agenda or tape recording of a closed meeting for at least two years after the date of the meeting. If a legal action involving the meeting is brought within that period, the Board shall preserve the certified agenda or tape recording while the action is pending. Gov’t Code 551.104(a)

PUBLIC ACCESS A certified agenda or tape recording of a closed meeting is available for public inspection and copying only under a court order issued as a result of litigation involving an alleged violation of the Open Meetings Act. Gov’t Code 551.104(b), (c)

PROHIBITIONS No Board member shall participate in a closed meeting knowing that neither a certified agenda nor a tape recording of the closed meeting is being made. Gov’t Code 551.145 No individual, corporation, or partnership shall without lawful authority disclose to a member of the public the certified agenda or tape recording of a meeting that was lawfully closed to the public. Gov’t Code 551.146 No Board member shall knowingly call or aid in calling or organiz- ing a closed meeting that is not permitted under the Open Meet- ings Act, close or aid in closing a regular meeting to the public except as permitted under the Open Meetings Act, or participate in a closed meeting that is not permitted under the Open Meetings Act. Gov’t Code 551.144(a)

AFFIRMATIVE It is an affirmative defense to prosecution under Subsection DEFENSE 551.144(a) that a Board member acted in reasonable reliance on a court order or a written interpretation of the open meetings law contained in an opinion of a court of record, the attorney general, or the Board’s attorney. Gov’t Code 551.144(c)

DATE ISSUED: 1/23/2008 4 of 4 UPDATE 82 BEC(LEGAL)-P Humble ISD 101913

SUPERINTENDENT BJCF NONRENEWAL (LOCAL)

REASONS The Board’s decision not to renew the Superintendent’s contract shall not be based on the Superintendent’s exercise of rights guaranteed by the Constitution, or based unlawfully on race, color, religion, sex, national origin, disability, or age. Reasons for the nonrenewal of the Superintendent’s contract shall be: 1. Deficiencies pointed out in evaluations, supplemental memo- randa, or other communications. 2. Failure to fulfill duties or responsibilities. 3. Incompetency or inefficiency in the performance of duties. 4. Insubordination or failure to comply with Board directives. 5. Failure to comply with Board policies or administrative regulations. 6. Failure of the District to make measurable progress towards the goals stated in the District improvement plan. [See BQ] 7. Conducting personal business during school hours when it results in neglect of duties. 8. Drunkenness or excessive use of alcoholic beverages; or possession, use, or being under the influence of alcohol or alcoholic beverages while on school property, while working in the scope of the employee’s duties, or while attending any school- or District-sponsored activity. 9. The illegal possession, use, manufacture, or distribution of a controlled substance, a drug, a dangerous drug, hallucino- gens, or other substances regulated by state statutes. 10. Failure to meet the District’s standards of professional conduct. 11. Failure to report to the Board any arrest, indictment, conviction, no contest or guilty plea, or other adjudication for any felony, any crime involving moral turpitude, or other offense listed at DH(LOCAL). [See DH] 12. Conviction of or deferred adjudication for any felony, any crime involving moral turpitude, or other offense listed at DH(LOCAL); and conviction of a lesser included offense pursuant to a plea when the original charged offense is a felony. [See DH] 13. Failure to comply with reasonable District requirements regarding advanced coursework or professional improvement and growth.

DATE ISSUED: 1/23/2008 1 of 4 UPDATE 82 BJCF(LOCAL)-A Humble ISD 101913

SUPERINTENDENT BJCF NONRENEWAL (LOCAL)

14. Disability, not otherwise protected by law, that prevents the Superintendent from performing the essential functions of the job. 15. Any activity, school-connected or otherwise, that, because of publicity given it or knowledge of it among students, faculty, or community, impairs or diminishes the Superintendent’s effectiveness in the District. 16. Any breach by the Superintendent of an employment contract or any reason specified in the Superintendent’s employment contract. 17. Failure to maintain an effective working relationship, or maintain good rapport, with parents, the community, staff, or the Board. 18. Assault on a person on school property or at a school-related function, or on an employee, student, or student’s parent regardless of time or place. 19. Use of profanity in the course of performing any duties of employment, whether on or off school premises, in the presence of students, staff, or members of the public, if reasonably characterized as unprofessional. 20. Falsification of records or other documents related to the Dis- trict’s activities. 21. Falsification or omission of required information on an employment application. 22. Misrepresentation of facts to the Board or other District officials in the conduct of District business. 23. Failure to fulfill requirements for Superintendent certification. 24. Failure to fulfill the requirements of a deficiency plan under an Emergency Permit or a Special Assignment Permit. 25. Any attempt to encourage or coerce a child to withhold information from the child’s parent or from other District personnel. 26. Any reason constituting good cause for terminating the contract during its term.

NOTICE If the Board determines that the Superintendent’s contract should be considered for nonrenewal, the Board shall deliver to the Super- intendent by hand or certified mail, return receipt requested, written notice of the proposed nonrenewal. This notice shall contain the hearing procedures and shall be delivered not later than the 30th day before the last day of the contract term. DATE ISSUED: 1/23/2008 2 of 4 UPDATE 82 BJCF(LOCAL)-A Humble ISD 101913

SUPERINTENDENT BJCF NONRENEWAL (LOCAL)

HEARING If the Superintendent desires a hearing after receiving notice of the proposed nonrenewal, the Superintendent shall notify the Board in writing not later than the 15th day after receiving the notice. When the Board receives a timely request for a hearing on proposed nonrenewal, the hearing shall be held not later than the 15th day after receipt of the request, unless the parties mutually agree to a delay. The Superintendent shall be given notice of the hearing date as soon as it is set.

HEARING The hearing shall be conducted in closed meeting unless the Su- PROCEDURE perintendent requests that it be open, with only the members of the Board, the Superintendent, their chosen representatives, and such witnesses as may be called in attendance. Witnesses may be excluded from the hearing until it is their turn to present evidence. The Superintendent and the Board may each be represented by a person designated in writing to act for them. Notice, at least five days in advance of the hearing, shall be given by each party in- tending to be represented, including the name of the representative. Failure to give such notice may result in postponement of the hearing. The conduct of the hearing shall be under the Board President’s control and in general shall follow the steps listed below: 1. After consultation with the parties, the Board President shall impose reasonable time limits for presentation of evidence and closing arguments. 2. The hearing shall begin with the Board’s presentation, supported by such proof as it desires to offer. 3. The Superintendent may cross-examine any witnesses for the Board. 4. The Superintendent may then present such testimonial or documentary proofs, as desired, to offer in rebuttal or in general support of the contention that the contract be renewed. 5. The Board may cross-examine any witnesses for the Superin- tendent and offer rebuttal to the testimony of the Superinten- dent’s witnesses. 6. Closing arguments may be made by each party. A record of the hearing shall be made so that a certified transcript can be prepared, if required.

BOARD DECISION The Board may consider only such evidence as is presented at the hearing. After all the evidence has been presented, if the Board determines that the reasons given in support of the recommenda-

DATE ISSUED: 1/23/2008 3 of 4 UPDATE 82 BJCF(LOCAL)-A Humble ISD 101913

SUPERINTENDENT BJCF NONRENEWAL (LOCAL)

tion to not renew the Superintendent’s contract are lawful, supported by the evidence, and not arbitrary or capricious, it shall so notify the Superintendent by a written notice not later than the 15th day after the date on which the hearing is concluded. This notice shall also include the Board’s decision on renewal, which decision shall be final.

DATE ISSUED: 1/23/2008 ADOPTED: 4 of 4 UPDATE 82 BJCF(LOCAL)-A Humble ISD 101913

STATE AND FEDERAL REVENUE SOURCES CBB FEDERAL (LEGAL)

The Texas Education Agency may enter into an agreement with a federal agency concerning a project related to education, including provision of school lunches and construction of school buildings. TEA, or another state agency designated by the governor, shall coordinate the District’s actions relating to participation in a federal financial assistance program. Education Code 7.021(b), (c); Gov’t Code 742.003

RETIREMENT AND If the District applies to obtain money provided by the United States INSURANCE government or its agencies and if any of the money will pay part or CONTRIBUTIONS all of any employee’s salary, the District must also apply for any legally available funds to pay state contributions to the retirement system as set out in Government Code 825.404, and to pay state contributions to the group insurance program for retired school employees as set out in Insurance Code Chapter 1575. When the District receives funds to pay for state contributions for retirement and insurance pursuant to this application, it shall immediately send such funds to the retirement system for deposit in the state contribution account. The District shall report monthly to the system, in a form it prescribes, the names of each employee paid in whole or in part from a grant, the source of the grant, the amount of the employee’s salary paid from the grant, the amount of money provided for state contributions for the employee by the grant, and such other information as the retirement system deems necessary. The District shall comply with applicable rules governing examination of its records by the Teacher Retirement System. Gov’t Code 825.406; Insurance Code 1575

BLOCK GRANT FUNDS If the District receives more than $5,000 in block grant funds to be used as the District determines is appropriate, it shall provide evidence to TEA that a public meeting or hearing was held in a timely manner solely to seek public comment on the needs or uses of block grant funds. This meeting or hearing may be held in conjunction with another Board meeting or hearing if the meeting or hearing to consider block grant funds is clearly noted on the public announcement for the other meeting or hearing. Gov’t Code 2105.058

CONTRACTS No employee or Board member shall participate in selection, SUPPORTED BY award, or administration of a contract supported by federal funds if FEDERAL FUNDS a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the following has a financial or other interest in the firm selected for award:

DATE ISSUED: 1/23/2008 1 of 2 UPDATE 82 CBB(LEGAL)-P Humble ISD 101913

STATE AND FEDERAL REVENUE SOURCES CBB FEDERAL (LEGAL)

1. An employee or Board member. 2. Any member of the immediate family of an employee or Board member. 3. The partner of an employee or Board member. 4. An organization that employs or is about to employ any of the above. The District’s employees and Board members shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements. The District may establish minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. 7 CFR 3016.36

DATE ISSUED: 1/23/2008 2 of 2 UPDATE 82 CBB(LEGAL)-P Humble ISD 101913

LOCAL REVENUE SOURCES CCA BOND ISSUES (LEGAL)

BONDS AND BOND The Board may obtain funds to construct, acquire, or equip school TAXES buildings, to purchase necessary sites, to purchase new school buses, or to acquire or refinance property financed under a contract entered under the Public Property Finance Act by issuing bonds and assessing annual ad valorem taxes sufficient to pay the principal and interest on the bonds as they come due. Education Code 45.001(a) All bonds shall be issued in accordance with the Public Security Procedures Act. Gov’t Code 1201

INSTRUCTIONAL Except as provided by Education Code 46.005 and 46.006, a dis- FACILITY trict that issues bonds to construct, acquire, renovate or improve ALLOTMENT an instructional facility is guaranteed certain state funding to pay principal and interest on eligible bonds under the Instructional Fa- cilities Allotment program, Education Code Chapter 46, Subchapter A. Education Code 46.003; 19 TAC 61.1032

EXISTING DEBT Each district is guaranteed certain state funding to pay the principal ALLOTMENT and interest on eligible bonds under Education Code Chapter 46, Subchapter B. Bonds are eligible if the District made payments on the bonds during the 2006–07 school year or taxes levied to pay the principal and interest on the bonds were included in the Dis- trict’s audited debt service collections for that school year, and the District does not receive state assistance under the Instructional Facilities Allotment for payment of the principal and interest on the bonds. Education Code 46.032, 46.033; 19 TAC 61.1035

POLITICAL No officer or employee of the District shall expend or authorize the ADVERTISING expenditure of District funds for the purpose of political advertising. Funds may be expended, however, for advertising that describes the factual reasons for a measure and does not advocate the passage or defeat of such measure. Election Code 255.003

ELECTIONEERING The Board may not use state or local funds or other resources of the District to electioneer for or against any candidate, measure, or political party. Education Code 11.169

ELECTIONS No bonds shall be issued or taxes levied unless approved by a majority of the qualified voters of the District who vote at an election held for such purpose. The election shall be called by Board resolution, which shall set the date, polling places, and propositions to be voted on. The election shall be held on a uniform election date. Except for elections held on a uniform election date or in an emergency situation approved by the governor, elections may not be held within 30 days before or after the date of the general election

DATE ISSUED: 1/23/2008 1 of 4 UPDATE 82 CCA(LEGAL)-P Humble ISD 101913

LOCAL REVENUE SOURCES CCA BOND ISSUES (LEGAL)

for state and county officers, general primary election, or runoff primary election. Education Code 45.003(a); Election Code 41.001(a), (c) [See BBB]

CALL FOR A call for an election shall be made not later than the 62nd day be- ELECTION fore election day except that for an election to be held on the date of the general election for state and county officers, the election shall be called not later than the 70th day before the election day. Election Code 3.005

NOTICE OF Notice of each election shall be published not earlier than the 30th ELECTION day or later than the tenth day before election day in a newspaper of general circulation in the District or a newspaper of general circulation in the territory if none is published in the District. The person responsible for giving the notice must retain a copy of the published notice that contains the name of the newspaper and the date of publication. The Board shall also deliver notice of the election to the county clerk of each county in which the District is located not later than the 60th day before election day. Election Code 4.008

POSTING In addition, notice of the election, which must include the location of each polling place, must be posted not later than the 21st day before election day on the bulletin board used for posting notices of Board meetings. The person posting the notice shall make a record at the time of posting stating the date and place of posting. The person shall sign the record and deliver it to the Board after the last posting is made. Election Code 4.003(a)(1), (b), (c), 4.004, 4.005

PRECLEARANCE A bond election is subject to federal preclearance requirements to REQUIRED the extent that the District makes changes in the practices or procedures to be followed. Any discretionary setting of the date for a bond election or scheduling of events leading up to or following a bond election is subject to the preclearance requirement. 28 CFR 51.17 [See BBB]

NEW DEBT Before issuing bonds, the District must demonstrate to the attorney general that, with respect to the proposed issuance, the District has a projected ability to pay the principal of and interest on the proposed bonds and all previously issued bonds, other than bonds authorized to be issued at an election held on or before April 1, 1991, and issued before September 1, 1992, from a tax at a rate not to exceed $0.50 per $100 of valuation.

DATE ISSUED: 1/23/2008 2 of 4 UPDATE 82 CCA(LEGAL)-P Humble ISD 101913

LOCAL REVENUE SOURCES CCA BOND ISSUES (LEGAL)

CURRENT TAXABLE The District may demonstrate the ability to comply by using the VALUE most recent taxable value of property in the District, combined with state assistance to which the District is entitled under Chapter 42 or 46 that may be lawfully used for the payment of bonds.

FUTURE TAXABLE The District may demonstrate the ability to comply by using a pro- VALUE jected future taxable value of property in the District anticipated for the earlier of the tax year five years after the current tax year or the tax year in which the final payment is due for the bonds submitted to the attorney general, combined with state assistance to which the District is entitled under Chapter 42 or 46 that may be lawfully used for the payment of bonds. The District must submit a certification of the projected taxable value prepared by a registered, certified professional appraiser who has demonstrated professional experience in projecting taxable values or who can obtain any necessary assistance from an experienced person. The certification of the District’s projected taxable value must be signed by the Superintendent. The attorney general must base a determination of whether the District has complied on a taxable value that is equal to 90 percent of the value certified. Education Code 45.0031

PROPOSITIONS Each proposition submitted to authorize the issuance of bonds shall include the question of whether the Board may levy ad valorem taxes either: 1. Sufficient, without limits as to rate or amount, to pay the principal of and interest on said bonds; or 2. Sufficient to pay the principal of and interest on said bonds, provided that the annual aggregate bond taxes in the District shall never exceed the rate stated in the proposition. Education Code 45.003(b)

REFUNDING BONDS The Board is authorized to refund or refinance all or any part of any AUTHORITY of its outstanding bonds and interest thereon, payable from ad valorem taxes, by issuing refunding bonds payable from ad valorem taxes in accordance with legal requirements for the issuance. Education Code 45.004; Gov’t Code 1207

INSTRUCTIONAL The District may use state funds received under Education Code FACILITIES Chapter 46 to pay principal of and interest on refunding bonds that: REFUNDING BONDS 1. Are issued to refund bonds eligible under Section 46.003;

DATE ISSUED: 1/23/2008 3 of 4 UPDATE 82 CCA(LEGAL)-P Humble ISD 101913

LOCAL REVENUE SOURCES CCA BOND ISSUES (LEGAL)

2. Do not have a final maturity date later than the final maturity date of the bonds being refunded; 3. May not be called for redemption earlier than the earliest call date of all bonds being refunded; 4. Result in a present value savings as defined in Education Code 46.007. Education Code 46.007 AUTHORIZED If the District has authorized school bonds for a specific purpose UNISSUED BONDS and that purpose has been accomplished by other means or has been abandoned and all or a portion of the authorized bonds remains unissued, the Board may call an election to determine whether the authorized bonds may be issued or sold for a different purpose or purposes specified in the election order. If a majority of those voting at the election favor the sale of the unissued bonds, the Board is authorized to issue the bonds and use the proceeds for the purpose or purposes stated in the election order. Education Code 45.110 GUARANTEED BONDS The District may apply to the Commissioner of Education for approval to guarantee bonds issued in accordance with the provisions above or bonds issued under Government Code Chapter 1207, by the corpus and income of the permanent school fund. The application shall include: 1. The name of the District and the principal amount of the bonds to be issued; 2. The name and address of the financial institution designated by the District as its agent for payment of principal and interest for guaranteed bonds; and 3. The maturity schedule, estimated interest rate, and date of the bonds. Education Code 45.051, 45.052, 45.054, 45.055 An application must be accompanied by a fee set by rule of the State Board in an amount designed to cover the costs of administering the guarantee program. Education Code 45.055(c) USE OF BOND The proceeds of bonds issued by school districts for the construc- PROCEEDS FOR tion and equipment of school buildings in the District and the pur- UTILITIES chase of the necessary sites for school buildings may be used, among other things, to pay the cost of acquiring, laying, and install- ing pipes or lines to connect with the water, sewer, or gas lines of a municipality or private utility company, whether or not the water, sewer, or gas lines adjoin the school, so that the District may provide its public school buildings the water, sewer, or gas services. Education Code 45.101 DATE ISSUED: 1/23/2008 4 of 4 UPDATE 82 CCA(LEGAL)-P Humble ISD 101913

LOCAL REVENUE SOURCES CCG AD VALOREM TAXES (LEGAL)

MAINTENANCE TAX The Board may levy, assess, and collect annual ad valorem taxes for the maintenance of the District’s schools. Education Code 45.002

TAX RATE CAP If authorized by a majority of qualified voters of the District voting at an election held for that purpose, the District may impose a maintenance tax rate at a rate not to exceed the rate stated in the proposition. For any year, the maintenance tax rate per $100 of taxable value adopted by the District may not exceed the rate equal to the sum of $0.17 and the product of the state compression percentage, as determined under Education Code 42.2516, multiplied by $1.50. A rate that exceeds this maximum rate for the year in which the tax is to be imposed is void. A district with a tax rate that is void under this subsection may, subject to requirements imposed by other law, adopt a rate for that year that does not exceed the specified maximum rate for that year. Notwithstanding any other law, a district that levied a maintenance tax for the 2005 tax year at a rate greater than $1.50 per $100 of taxable value in the District as permitted by special law may not levy a maintenance tax at a rate that exceeds the rate per $100 of taxable value that is equal to the sum of $0.17 and the product of the state compression percentage, as determined under Education Code 42.2516, multiplied by the rate of the maintenance tax levied by the District for the 2005 tax year. Education Code 45.003(a), (d), (e), (f)

APPRAISAL ROLL By August 1 or as soon thereafter as practicable, the District’s tax assessor shall submit to the Board the District’s appraisal roll, showing the total appraised, assessed, and taxable values of all property and the total taxable value of new property.

Note: The Texas comptroller of public accounts annually pub- lishes Truth in Taxation: A Guide for Setting School Dis- trict Tax Rates. School districts should consult the Truth in Taxation guide, available in print form or through the comptroller’s Web site, for detailed guidance on setting local property tax rates.

By August 1 or as soon thereafter as practicable, the District’s tax collector shall certify to the Board the estimates and amounts required by law. Tax Code 26.04(b)

DATE ISSUED: 1/23/2008 1 of 11 UPDATE 82 CCG(LEGAL)-P Humble ISD 101913

LOCAL REVENUE SOURCES CCG AD VALOREM TAXES (LEGAL)

CERTIFIED ESTIMATE By June 7, the chief appraiser shall prepare and certify an estimate of the taxable value of District property. Tax Code 26.01(e)

MEETING ON BUDGET The Board shall call a public meeting to discuss and adopt its AND PROPOSED TAX budget and proposed tax rate. The Board must provide notice of RATE the budget and proposed tax rate meeting, as described below. The budget must be adopted before the adoption of the tax rate for the tax year in which the fiscal year covered by the budget begins. [See CE]

PUBLISHED NOTICE The Board President shall provide for publication of notice of the budget and proposed tax rate meeting in a daily, weekly, or biweekly newspaper published in the District. If no daily, weekly, or biweekly newspaper is published in the District, the President shall provide for publication of notice in at least one newspaper of general circulation in the county in which the District’s central administrative office is located. The notice shall be published not earlier than the 30th day or later than the tenth day before the date of the hearing.

FORM OF NOTICE The published notice of the public meeting to discuss and adopt the budget and the proposed tax rate must meet the size, format, and content requirements dictated by law. The notice is not valid if it does not substantially conform to the language and format prescribed by the comptroller.

TAXPAYER If the District has not complied with the published notice require- INJUNCTION ments in the FORM OF NOTICE described above, and the requirements for DISTRICTS WITH JULY 1 FISCAL YEAR below, if applicable, and the failure to comply was not in good faith, a person who owns taxable property in the District is entitled to an injunction restraining the collection of taxes by the District. An action to enjoin the collection of taxes must be filed before the date the District delivers substantially all of its tax bills.

DISTRICTS WITH A district with a fiscal year beginning July 1 may use the certified JULY 1 FISCAL estimate of the taxable value of District property in preparing the YEAR published notice if the District does not receive the certified appraisal roll on or before June 7. A district that uses a certified estimate may adopt a budget at the public meeting designated in the published notice prepared using the estimate, but the District may not adopt a tax rate before the District receives the certified appraisal roll for the District. After receipt of the certified appraisal roll, the District must publish a revised published notice and hold another public meeting before the District may adopt a tax rate that exceeds:

DATE ISSUED: 1/23/2008 2 of 11 UPDATE 82 CCG(LEGAL)-P Humble ISD 101913

LOCAL REVENUE SOURCES CCG AD VALOREM TAXES (LEGAL)

1. The rate proposed in the notice prepared using the estimate; or 2. The District’s rollback rate determined under Tax Code 26.08 using the certified appraisal roll. Education Code 44.004

TAX RATE Before the later of September 30 or the 60th day after the date the certified appraisal roll is received, the Board shall adopt a tax rate for the current tax year that reflects the two components, maintenance and operations expenditures and the debt service rate published under Education Code 44.004(c)(5)(A)(ii)(b), and shall notify the assessor of the tax rate adopted. The two components shall be approved separately. Tax Code 26.05(a) The Board may not impose property taxes in any year until it has adopted a tax rate for that year, and the annual tax rate must be set by ordinance, resolution, or order. The vote on the ordinance, resolution, or order setting the tax rate must be separate from the vote adopting the budget. The budget shall be adopted before the adoption of the tax rate. Tax Code 26.05(b); Education Code 44.004(g)

EFFECTIVE TAX RATE The vote on the ordinance setting a tax rate that exceeds the effective tax rate must be a record vote. A motion to adopt an ordinance setting a tax rate that exceeds the effective tax rate must be made in the following form: “I move that property taxes be increased by the adoption of a tax rate of (specify tax rate).”

MAINTENANCE AND If the ordinance sets a tax rate that, if applied to the total taxable OPERATIONS TAX value, will impose an amount of taxes to fund maintenance and RATE operation expenditures of the taxing unit that exceeds the amount of taxes imposed for that purpose in the preceding year, the Board must include in the ordinance in type larger than the type used in any other portion of the document the following statement: “THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE”; and if the tax rate exceeds the effective maintenance and operations rate, the following statement: “THE TAX RATE WILL RAISE TAXES FOR MAIN- TENANCE AND OPERATIONS ON A $100,000 HOME BY AP- PROXIMATELY $(Insert amount).” The District shall also include on the home page of any Internet Web site operated by the District the following statement: “(Insert name of unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE”; and if the tax rate exceeds the effective maintenance and operations rate, the following statement: “THE TAX RATE WILL RAISE TAXES

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LOCAL REVENUE SOURCES CCG AD VALOREM TAXES (LEGAL)

FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $(Insert amount).” Tax Code 26.05(b)

ELECTION TO RATIFY If the Board adopts a tax rate that exceeds the District’s rollback SCHOOL TAXES tax rate as defined in Tax Code 26.08, the registered voters of the District at an election held for that purpose must determine whether to approve the adopted tax rate. When increased expenditure of money is necessary due to a natural disaster and the governor has requested federal disaster assistance, an election is not required. Tax Code 26.08(a) The Board shall order that the election be held in the District on a date not less than 30 or more than 90 days after the date on which it adopted the tax rate. The election need not be held on a uniform election date unless a uniform election date falls within the 30–90 day time period. Tax Code 26.08(b)

APPROVAL OF If a majority of votes cast in the District favor the proposition, the PROPOSITION tax rate for the current year is the rate that was adopted by the Board. If the proposition is not approved, the Board may not adopt a tax rate for the current year that exceeds the District’s rollback tax rate. Tax Code 26.08(c), (d)

NOTICE TO The Board shall deliver notice of the election to the county clerk of COUNTY CLERK each county in which the District is located not later than the 60th day before election day. Election Code 4.008

PRECLEARANCE A rollback election is subject to federal preclearance requirements REQUIRED to the extent that the District makes changes in the practices or procedures to be followed. Any discretionary setting of the date for a rollback election or scheduling of events leading up to or following a rollback election is subject to the preclearance requirement. 28 CFR 51.17 [See BBB]

DISCOUNTS The Board may adopt one or both of the following discount options for early payment of District taxes.

OPTION 1 If the Board adopts Option 1, the following apply regardless of the date on which the District mails its tax bills. 1. Three percent if the tax is paid in October or earlier. 2. Two percent if the tax is paid in November.

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LOCAL REVENUE SOURCES CCG AD VALOREM TAXES (LEGAL)

3. One percent if the tax is paid in December. Tax Code 31.05 This discount does not apply to taxes that are calculated too late for it to be available. Tax Code 31.04(c)

OPTION 2 If the Board adopts Option 2, the following discounts apply only when the District mails its tax bills after September 30: 1. Three percent if the tax is paid before or during the next full calendar month following the date on which the tax bills were mailed. 2. Two percent if the tax is paid during the second full calendar month following the date on which the tax bills were mailed. 3. One percent if the tax is paid during the third full calendar month following the date on which the tax bills were mailed. BOTH OPTIONS If the Board adopts both discount options, the discounts described at Option 1 apply unless the District mails its tax bills after Septem- ber 30, in which case only the discounts described at Option 2 apply. Tax Code 31.05 SPLIT PAYMENT The Board may provide for split payment of taxes. If a person pays one-half of the taxes before December 1, he or she may pay the remaining one-half of the taxes without penalty or interest at any time before July 1 of the following year. This payment option does not apply to taxes that are calculated too late for it to be available. Tax Code 31.03, 31.04(c)

IN CERTAIN The board of a district located in a county having a population of COUNTIES 250,000 or more that borders a county having a population of 3.3 million or more and the Gulf of Mexico that has its taxes collected by another taxing unit that has adopted the split-payment option may provide that the split-payment option does not apply to the taxing unit’s taxes collected by the other taxing unit. Tax Code 31.03(d)

DISASTER AREA Owners of certain property in a disaster area are permitted to pay taxes in installment payments. Installment payments are an option for an owner of real property that: 1. Is the residence homestead of the owner or consists of property that is used for residential purposes and that has fewer than five living units; 2. Is located in a disaster area and has been damaged as a direct result of the disaster; and

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3. Has had taxes imposed upon it by a taxing unit before the first anniversary of the disaster. If the owner of such property pays at least one-fourth of the taxes imposed on the property before the delinquency date, accompanied by notice that the person will pay the remaining taxes in installments, the owner may make the remainder of the payments in three equal installments. Such installment payments shall not incur penalty or interest if paid by the applicable dates provided for in the tax code. Tax Code 31.032

PERFORMING The Board may permit certain individuals or business entities to SERVICES IN LIEU OF provide certain services to the District in lieu of paying the District PAYING TAXES property taxes. While performing services for the District, the individual is not an employee of the District and is not entitled to any benefit, including workers’ compensation coverage, that the District provides to its employees.

PERSONS 65 AND Subject to the requirements contained in Tax Code 31.035, the OVER Board by order or resolution may permit an individual who is at least 65 years of age to perform services for the taxing unit in lieu of paying taxes imposed by the District on property owned by the individual and occupied as the individual’s residence homestead. Tax Code 31.035

TEACHING Subject to the requirements contained in Tax Code 31.036, the SERVICES BY Board by resolution may permit qualified individuals, who are not INDIVIDUAL employed by the District, to perform teaching services for the Dis- trict at a junior high school or high school of the District in lieu of paying taxes imposed by the District on property owned and occupied by the individual as a residence homestead. Tax Code 31.036

TEACHING Subject to the requirements contained in Tax Code 31.037, the SERVICES BY Board by resolution may authorize a corporation or other business EMPLOYEE OF entity to permit a qualified individual employed by the business en- BUSINESS ENTITY tity to perform teaching services in a high school or a junior high school for the District in lieu of paying taxes imposed by the District on property owned by the business entity. Tax Code 31.037

INSTALLMENT An individual who is disabled or at least 65 and qualifies for a PAYMENTS homestead exemption may pay taxes on the residence homestead CERTAIN property in installments. To do so, the individual must pay at least HOMESTEADS one-fourth of the taxes due before the delinquency date. This payment must be accompanied by notice that the individual will pay the remaining taxes in installments. The person may pay the remaining taxes without penalty or interest. The first installment must

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be paid before April 1, the second before June 1, and the third before August 1. Tax Code 31.031

PARTIAL PAYMENTS The tax collector may decide to accept partial payments of District property taxes. Acceptance of a partial payment does not affect the delinquency date, but penalties and interest are incurred only by the portion of tax that remains unpaid on the date the tax becomes delinquent. The discounts described above do not apply to any portion of a partial payment of District taxes. Tax Code 31.07(c)

DELINQUENCY DATE Taxes are delinquent if not paid before February 1 of the year following the year in which imposed, except as provided below: 1. The District has provided for split payments. Tax Code 31.03 2. The District’s tax bills are mailed after January 10. Tax Code 31.04(a) 3. The District’s tax bills are mailed after September 30 and the Board has adopted discounts provided by Tax Code 31.05(c). Tax Code 31.04(d) Tax Code 31.02

DELINQUENT TAX The Board may contract with any competent attorney to represent COLLECTION the District to enforce the collection of delinquent taxes. The attorney’s compensation is set in the contract, but the total amount of compensation provided may not exceed 20 percent of the amount of delinquent tax, penalty, and interest collected. Tax Code 6.30(c)

ADDITIONAL If the District or the tax collector for the District has contracted with PENALTIES a private attorney for the collection of delinquent taxes, the Board may impose, by official action, an additional penalty on taxes that become delinquent on or after February 1 but not later than May 1 and remain delinquent on July 1 of the year in which they become delinquent. This penalty may not exceed the amount of compensation specified in the contract with the attorney to be paid in connection with the collection of the delinquent taxes and shall be secured by a tax lien. The District’s tax collector shall deliver notice to the property owner of the delinquency and the penalty 30 to 60 days before July 1. Tax Code 33.07 If the District or the tax collector for the District has imposed the penalty described above and has contracted with a private attorney for collection of delinquent taxes, the Board may impose, by official action, an additional penalty on all taxes that become delinquent on or after June 1 under Tax Code 26.15(e), 31.03, 31.031, 31.032, or 31.04. This penalty may not exceed the amount of compensation specified in the contract with the attorney to be paid in connec-

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tion with the collection of the delinquent taxes and shall be secured by a tax lien. The District’s tax collector shall send notice of the delinquency and the penalty to the property owner. The penalty is incurred on the first day of the first month that begins at least 21 days after the date the notice is sent. Tax Code 33.08

HOMESTEAD An adult is entitled to exemption from taxation of $15,000 of the EXEMPTIONS appraised value of his residence homestead except that $10,000 of the exemption does not apply to an entity operating under former Education Code Chapters 17, 18, 25, 26, 27, or 28, as those chapters existed on May 1, 1995. An adult who is disabled or 65 or older is entitled to an additional $10,000 exemption of the appraised value of his residence homestead. Tax Code 11.13(b), (c)

APPLICATION FOR To receive the residence homestead exemptions, the person claim- EXEMPTION ing the exemption must apply for the exemption. Tax Code 11.43

PERSONS 65 The District shall not increase the total annual amount of ad AND OVER OR valorem tax it imposes on the residence homestead of an individual DISABLED 65 years of age or older, or on the residence homestead of an indi- PERSONS vidual who is disabled as defined by Section 11.13 of the Tax Code, above the amount of the tax it imposed in the first tax year in which the individual qualified that residence homestead for an applicable exemption. The District may increase the taxes if improvements are made to the property, but that tax amount is then frozen. Tax Code 11.26(a), (b)

PORTABILITY OF If an individual who receives the 65-and-over limitation on tax in- LIMITATION creases subsequently qualifies for a different resident homestead, the District may impose taxes on the subsequently acquired homestead only in accordance with Tax Code 11.26. Tax Code 11.26(g), (h)

ADDITIONAL The Board may grant additional tax exemptions for homesteads, EXEMPTIONS historic sites, and charitable organizations, as provided by law. Tax Code 11.13, 11.184, 11.24; Tex. Const. Art. VIII, Sec. 1-b(e)

NATURAL DISASTER If the District is located partly or entirely inside an area declared by the governor to be a natural disaster area, the Board may authorize the reappraisal of all property damaged in the disaster at its market value immediately after the disaster. Tax Code 23.02(a)

REINVESTMENT When a portion of the real property taxable by the District is pro- ZONES / TAX posed for inclusion in a municipal or county reinvestment zone, the INCREMENT Board shall be notified of a description of the proposed boundaries FINANCING of the zone, the tentative plans for the development or redevelop- ment of the zone, and an estimate of the general impact of the

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proposed zone on property values and tax revenues. The District may request additional information from the governing body of the municipality or county proposing to designate a reinvestment zone, and Board members may attend the formal presentation required of the governing body of the municipality or county. Within 15 days of receipt of the notice, the Board shall designate a representative to meet with the governing body of the municipality or county proposing to designate a reinvestment zone to discuss the project plan and the reinvestment zone financing plan and shall notify the municipality or county governing body of its designation. Tax Code 311.003(e), (f), (g)

BOARD OF The Board may appoint one member of the reinvestment zone’s DIRECTORS board of directors or may waive that right. Tax Code 311.009(a) In certain reinvestment zones, the Board may be entitled to appoint more than one member of the reinvestment zone’s board of directors. Tax Code 311.0091(a), (b) When the reinvestment zone has been designated upon petition of property owners under Tax Code 311.005(a)(4), the Board may appoint a member or members, as appropriate, of the reinvestment zone’s board of directors only if it has approved the payment of all or part of the tax increment produced by the District. Tax Code 311.009(b), 311.0091(c)

COLLECTION AND The District shall provide for the collection of its taxes in the zone DEPOSIT OF TAX as for any other property tax and shall pay into the zone’s tax in- INCREMENTS crement fund the amount specified by law. This payment shall be made no later than 90 days after the delinquency date for District property taxes, except that the District is not required to pay the portion attributable to delinquent taxes until those taxes are collected. The District shall not be required to pay a tax increment into the zone’s tax increment fund beyond three years from the date the zone was created, except as provided by law. Tax Code 311.013 The District is not required to pay into the tax increment fund any of its tax increment produced from a reinvestment zone created upon petition of property owners under Tax Code 311.005(a) unless it enters into an agreement to do so with the governing body of the municipality or county that created the zone. Tax Code 311.013(f) The District is not required to pay into the tax increment fund any of its tax increment produced from property located in an area added to a reinvestment zone under Tax Code 311.007 unless the Board enters into an agreement to do so with the governing body of the municipality or county that created the zone. Tax Code 311.013(k)

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LOCAL REVENUE SOURCES CCG AD VALOREM TAXES (LEGAL)

A district whose taxable value is reduced under Government Code 403.302(d)(5) shall pay into the tax increment fund, in addition to the amount otherwise required to be paid, the amount by which the amount of taxes the District would have been required to pay into the fund in the current year if the District levied taxes at the rate the District levied in 2005 exceeds the amount the District is otherwise required to pay into the fund in the year of the reduction, not to exceed the amount the District realizes from the reduction in the Dis- trict’s taxable value. Tax Code 311.013(n)

GOODS-IN-TRANSIT A person is entitled to an exemption from taxation of the appraised value of that portion of the person's property that consists of goods-in-transit. The Board may provide for the taxation of goods-in-transit exempt as set out above and not exempt under other law. The official action to tax the goods-in-transit must be taken before January 1 of the first tax year in which the governing body proposes to tax goods-in-transit. Before acting to tax the exempt property, the Board must conduct a public hearing as required by Section 1-n(d), Article VIII, Texas Constitution. The goods-in-transit remain subject to taxation by the District until the Board rescinds or repeals its previous action to tax goods-in-transit, or otherwise determines that the exemption prescribed above will apply to that District. Tax Code 11.253

REINVESTMENT On or after September 1, 2001, the District may not enter into a tax ZONES — TAX abatement agreement under Chapter 312. Tax Code 312.002(f) ABATEMENT

TEXAS ECONOMIC In order to attract large-scale capital investments, create new jobs, DEVELOPMENT ACT strengthen the economy, and expand the property tax base, districts may offer certain ad valorem tax benefits and financial benefits in accordance with the Texas Economic Development Act. Tax Code 313 Districts should strictly interpret the criteria and selection guidelines and approve only those applications for an ad valorem tax benefit or financial benefit that: 1. Enhance the local community; 2. Improve the local public education system; 3. Create high-paying jobs; and

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4. Advance the economic development goals of Texas as identified by the Texas Strategic Economic Development Planning Commission. Tax Code 313.004(3)

Note: For complete information regarding the Texas Economic Development Act, refer to Tax Code Chapter 313.

DATE ISSUED: 1/23/2008 11 of 11 UPDATE 82 CCG(LEGAL)-P Humble ISD 101913

LOCAL REVENUE SOURCES CCH APPRAISAL DISTRICT (LEGAL)

PARTICIPATION The District shall participate in the appropriate countywide appraisal district or districts. Tex. Const., Art. VIII, Sec. 18(b)

ELECTION OF BOARD The Board shall participate in the election of the board of directors OF DIRECTORS of the appraisal district or districts as provided by law.

ELIGIBILITY To be eligible to serve on the appraisal district board of directors, an individual other than a county assessor-collector serving as a nonvoting director must be a resident of the district and must have resided in the district for at least two years immediately preceding the date the individual takes office. An individual who is otherwise eligible to serve on the board is not ineligible because of membership on the governing body of a taxing unit. A District employee is not eligible to serve on the board of directors unless the employee is also a member of another governing body or an elected official of a taxing unit that also participates in the appraisal district. Tax Code 6.03(a)

RESTRICTIONS An individual is ineligible to serve on an appraisal district board of NEPOTISM directors if the individual is related within the second degree by consanguinity or affinity, as determined under Government Code, Chapter 573, Subchapter B [see DBE], to an individual who is engaged in the business of appraising property for compensation for use in proceedings relating to property taxes or of representing property owners for compensation in proceedings relating to property taxes in the appraisal district.

DELINQUENT An individual is ineligible to serve on an appraisal district board of TAXES directors if the individual owns property on which delinquent taxes have been owed to a taxing unit for more than 60 days after the date the individual knew or should have known of the delinquency unless the delinquent taxes and any penalties and interest are being paid under an installment payment agreement, or a suit to collect the delinquent taxes is deferred or abated. Tax Code 6.035(a)

CONFLICT OF An individual is not eligible to be appointed to or to serve on the INTEREST board of directors of an appraisal district if the individual or a business entity in which the individual has a substantial interest is a party to a contract with: 1. The appraisal district. 2. A taxing unit that participates in the appraisal district, if the contract relates to the performance of an activity relating to property taxes.

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LOCAL REVENUE SOURCES CCH APPRAISAL DISTRICT (LEGAL)

An individual has a substantial interest in a business entity if the combined ownership of the individual and the individual’s spouse is at least ten percent of the voting stock or shares of the business entity or the individual or the individual’s spouse is a partner, limited partner, or officer of the business entity. “Business entity” means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or other entity recognized by law. Tax Code 6.036

RECALL The Board, by resolution submitted to the county clerk, may call for the recall of a member of the board of directors of an appraisal district for whom the Board cast any of its votes in the appointment of the appraisal district board. Tax Code 6.033

APPRAISAL REVIEW An appraisal review board is established for each appraisal district. BOARD Members of the appraisal review board are appointed by the appraisal district board of directors. Tax Code 6.41, 6.412

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OTHER REVENUES CDB SALE, LEASE, OR EXCHANGE OF SCHOOL-OWNED PROPERTY (LEGAL)

SALE OR EXCHANGE The Board may authorize the sale of any property, other than min- OF REAL PROPERTY erals, held in trust for free school purposes, by means of a Board resolution. The Board President shall execute a deed to the purchaser which shall recite the Board resolution authorizing the sale. The District may employ, retain, contract with, or compensate a licensed real estate broker or salesperson for assistance in the acquisition or sale of real property. Education Code 11.154

PUBLICATION OF Any sale or exchange of land by the District, except as permitted NOTICE AND by Local Government Code 272.001(b), (g), or (j), shall be in ac- BIDDING cordance with the following legal requirements: REQUIREMENTS 1. The Board shall publish in a newspaper of general circulation in the county where the land is located or in an adjoining county, if there is no such newspaper, a notice to the general public that the land is to be offered for sale or exchange, its description, its location, and the procedure under which sealed bids to purchase the land or offers to trade for the land may be submitted. 2. Notice shall be so given on at least two separate occasions and no sale or exchange shall be made until after the 14th day after the last notice is published. Local Gov’t Code 272.001(a)

EXCEPTIONS TO The notice and bidding requirements set out above do not apply to NOTICE AND the types of land and real property interests described below and BIDDING owned by the District. The land and those interests described be- REQUIREMENTS low may not be conveyed, sold, or exchanged for less than the fair market value of the land or interest unless the conveyance, sale, or exchange is with one or more abutting property owners who own the property outright. The fair market value is determined by an appraisal obtained by the District that owns the land or interest. The appraisal price is conclusive of the fair market value of the land or interest. This applies to: 1. Narrow strips of land, or land that because of its shape, lack of access to public roads, or small area cannot be used inde- pendently under its current zoning or under applicable subdivision or other development control ordinances; 2. Streets or alleys, owned outright or used by easement; 3. Land or a real property interest originally acquired for streets, rights-of-way, or easements that the political subdivision chooses to exchange for other land to be used for streets, rights-of-way, easements, or other public purposes, including transactions partly for cash;

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OTHER REVENUES CDB SALE, LEASE, OR EXCHANGE OF SCHOOL-OWNED PROPERTY (LEGAL)

4. Land that the District wants to have developed by contract with an independent foundation; 5. A real property interest conveyed to a governmental entity that has the power of eminent domain; or 6. The land or interests described by items 1 and 2 above may be sold to: a. Abutting property owners in the same subdivision if the land has been subdivided; or b. Abutting property owners in proportion to their abutting ownership, and the division between owners must be made in an equitable manner. This section does not require the Board to accept any bid or offer or to complete a sale or exchange. Local Gov’t Code 272.001(b)–(d)

EXCEPTION: The District may donate, exchange, convey, sell, or lease land or HIGHER an interest in real property to an institution of higher education for EDUCATION less than its fair market value and without complying with the notice INSTITUTION and bidding requirements of Local Government Code 272.001(a) in order to promote a public purpose related to higher education. The District shall determine the terms and conditions of the transaction so as to effectuate and maintain the public purpose. Local Gov’t Code 272.001(j)

SALE OF If an instructional facility financed by bonds paid with state and lo- INSTRUCTIONAL cal funds under Chapter 46 of the Education Code is sold before FACILITY FINANCED the bonds are fully paid, the District shall send to the comptroller a WITH STATE percentage of the District’s net proceeds as required by statute. ALLOTMENT Education Code 46.011 [See also CCA]

LEASE OF PROPERTY To promote a public purpose of the District, the District may: TO A GOVERNMENTAL ENTITY 1. Lease property owned by the District to another political subdivision or an agency of the state or federal government; or 2. Make an agreement to provide office space in property owned by the District to the other political subdivision or agency. The District: 1. Shall determine the terms of the lease or agreement so as to promote and maintain the public purpose; 2. May provide for the lease of the property or provision of the office space at less than fair market value; and

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OTHER REVENUES CDB SALE, LEASE, OR EXCHANGE OF SCHOOL-OWNED PROPERTY (LEGAL)

3. Is not required to comply with any competitive purchasing procedure or any notice and publication requirement imposed by this chapter or other law. Local Gov’t Code 272.005

SALE OR LEASE OF Sale or lease of minerals in land belonging to the District shall be MINERALS authorized by a resolution adopted by a majority of the Board. Education Code 11.153; Natural Resources Code 71.005

PUBLICATION OF The Board must give notice of its intention to lease the land. The NOTICE — MINERAL notice must be published once a week for three consecutive weeks LEASES in a newspaper published in the county and with general circulation in the county, and shall: 1. Describe the land to be leased; and 2. Designate the time and place at which the Board will receive and consider bids for the lease. Natural Resources Code 71.005 When the sale or lease of minerals has been authorized by the Board, the Board President may execute a lease or may sell or exchange the minerals in accordance with the terms authorized by the Board. The mineral lease or deed shall recite the approval of the Board. Education Code 11.153

SALE, LEASE, OR The District shall notify the Commissioner of Education whenever it CONVEYANCE OF ANY intends to sell, lease, or otherwise convey any interest in real INTEREST IN REAL property. The District shall include in the instrument of conveyance PROPERTY the required restrictive covenants prohibiting racial discrimination. United States v. Texas, Civil Order No. 5281 (E.D. Tex., August 9 and 15, 1973)

DONATION OF The Board may, by resolution, authorize the donation of real prop- FORMER SCHOOL erty and improvements formerly used as a school campus to a mu- CAMPUS nicipality, county, state agency, or nonprofit organization if: 1. Before adopting the resolution, the Board holds a public hearing concerning the donation and, in addition to any other notice required, gives notice of the hearing by publishing the subject matter, location, date, and time of the hearing in a newspaper having general circulation in the territory of the District; 2. The Board determines that: a. The improvements have historical significance; b. The transfer will further the preservation of the improvements; and DATE ISSUED: 1/23/2008 3 of 4 UPDATE 82 CDB(LEGAL)-P Humble ISD 101913

OTHER REVENUES CDB SALE, LEASE, OR EXCHANGE OF SCHOOL-OWNED PROPERTY (LEGAL)

c. At the time of the transfer, the District does not need the real property or improvements for educational purposes; and 3. The entity to whom the transfer is made has shown, to the satisfaction of the Board, that the entity intends to continue to use the real property and improvements for public purposes. The Board President shall execute a deed transferring ownership of the real property and improvements to the municipality, county, state agency, or nonprofit organization. The deed must: 1. Recite the resolution of the Board authorizing the donation; and 2. Provide that ownership of the real property and improvements revert to the District if the municipality, county, state agency, or nonprofit organization: a. Discontinues use of the real property and improvements for public purposes; or b. Executes a document that purports to convey the property. Education Code 11.1541(a), (b)

Note: Regarding disposal of school buses, see CNB. Regard- ing disposal of school-owned personal property, see CI.

DATE ISSUED: 1/23/2008 4 of 4 UPDATE 82 CDB(LEGAL)-P Humble ISD 101913

OTHER REVENUES CDC GRANTS FROM PRIVATE SOURCES (LEGAL)

APPLICATION FOR If the District applies to obtain money from any privately sponsored GRANT source and if any of the money will pay part or all of any employee’s salary, the District must also apply for any legally available funds to pay state contributions to the retirement system as set out in Government Code 825.404 and to pay the state contribution to the group insurance program for retired school employees as set out in Insurance Code 1575, Subchapter E. When the District receives funds to pay for state contributions for retirement and insurance pursuant to this application, it shall immediately send such funds to the retirement system for deposit in the state contribution account. The District shall report monthly to the system, in a form it prescribes, the names of each employee paid in whole or in part from a grant, the source of the grant, the amount of the employee’s salary paid from the grant, the amount of money provided for state contributions for the employee by the grant, and such other information as the retirement system deems necessary. The District shall comply with applicable rules governing examination of its records by the Teacher Retirement System. Gov’t Code 825.406(b), (c); Insurance Code 1575, Subch. F

USE OF FUNDS All bequests of property for the benefit of the public schools shall, when not otherwise directed by the grantor, vest the property in the Board. Funds or other property donated, or the income therefrom, may be expended: 1. For any purpose designated by the donor that is in keeping with the lawful purposes of the schools that are to benefit from the donation; or 2. For any legal purpose if the donor designated no specific purpose. Education Code 11.156

FINANCIAL All gifts or bequests shall be included among the total receipts of STATEMENT the District which are reported in the annual financial statement. Local Gov’t Code 140.005

DATE ISSUED: 1/23/2008 1 of 1 UPDATE 82 CDC(LEGAL)-P Humble ISD 101913

SAFETY PROGRAM/RISK MANAGEMENT CKC EMERGENCY PLANS (LEGAL)

EMERGENCY Each district shall adopt and implement a multihazard emergency OPERATIONS PLAN operations plan for use in District schools. The plan must address mitigation, preparedness, response, and recovery as defined by the Commissioner in conjunction with the governor’s office of homeland security. The plan must provide for: 1. District employee training in responding to an emergency; 2. Mandatory school drills to prepare District students and employees for responding to an emergency; 3. Measures to ensure coordination with local emergency management agencies, law enforcement, and fire departments in the event of an emergency; and 4. The implementation of a required security audit.

TRAIN DERAILMENT The District shall include in its multihazard emergency operations plan a policy for responding to a train derailment near a District school. The District is only required to adopt the policy if a District school is located within 1,000 yards of a railroad track, as measured from any point on the school’s real property boundary line. The District may use any available community resources in developing the policy.

SECURITY AUDIT At least once every three years, the District shall conduct a security audit of the District’s facilities. To the extent possible, the District shall follow security audit procedures developed by the Texas School Safety Center (TxSSC) or a comparable public or private entity. The District shall report the results of the security audit to the Board and, in the manner required by the TxSSC, to the TxSSC. Education Code 37.108 [See GRC for emergency management training requirements and response to requests from other governmental entities for mutual aid]

DATE ISSUED: 1/23/2008 1 of 1 UPDATE 82 CKC(LEGAL)-P Humble ISD 101913

BUILDINGS, GROUNDS, AND EQUIPMENT MANAGEMENT CL (LEGAL)

REDUCTION OF The Board shall establish a goal to reduce the District’s annual ENERGY electric consumption by five percent each year for six years, be- CONSUMPTION ginning September 1, 2007. Education Code 44.901–44.902

ENERGY OR WATER The Board may enter into an energy savings performance contract CONSERVATION for energy or water conservation measures to reduce energy or MEASURES water consumption or operating costs of school facilities. An energy savings performance contract includes a contract for the installation or implementation of: 1. Insulation of a building structure and systems within the building; 2. Storm windows or doors, caulking or weatherstripping, multi- glazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, or other window or door system modifications that reduce energy consumption; 3. Automatic energy control systems, including computer software and technical data licenses; 4. Heating, ventilating, or air-conditioning system modifications or replacements that reduce energy or water consumption; 5. Lighting fixtures that increase energy efficiency; 6. Energy recovery systems; 7. Electric systems improvements; 8. Water-conserving fixtures, appliances, and equipment or the substitution of nonwater-using fixtures, appliances, and equipment; 9. Water-conserving landscape irrigation equipment; 10. Landscaping measures that reduce watering demands and capture and hold applied water and rainfall, including: a. Landscape contouring, including the use of berms, swales, and terraces; and b. The use of soil amendments that increase the water- holding capacity of the soil, including compost; 11. Rainwater harvesting equipment and equipment to make use of water collected as part of a storm-water system installed for water quality control;

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12. Equipment for recycling or reuse of water originating on the premises or from other sources, including treated municipal effluent; 13. Equipment needed to capture water from nonconventional, alternate sources, including air conditioning condensate or graywater, for nonpotable uses; 14. Metering equipment needed to segregate water use in order to identify water conservation opportunities or verify water savings; or 15. Other energy or water conservation-related improvements or equipment, including improvements or equipment relating to renewable energy or nonconventional water sources or water reuse. Each energy or water conservation measure shall comply with current local, state, and federal construction, plumbing, and environmental codes and regulations. Notwithstanding the list above, an energy savings performance contract may not include improvements or equipment that allow or cause water from any condens- ing, cooling, or industrial process or any system of nonpotable usage over which the public water supply system officials do not have sanitary control, to be returned to the potable water supply. The Board may enter into energy savings performance contracts only with persons who are experienced in the design, implementation, and installation of the energy or water conservation measures addressed by the contract.

PERFORMANCE Before entering an energy savings performance contract, the BOND Board shall require the provider of the energy or water conservation measures to file a payment and performance bond relating to the installation of the measures in accordance with Government Code Chapter 2253. The Board may also require a separate bond to cover the value of the guaranteed savings on the contract.

FINANCING An energy savings performance contract may be financed: 1. Under a lease/purchase contract that has a term not to exceed 20 years from the final date of installation and that meets federal tax requirements for tax-free municipal leasing or long-term financing. 2. With the proceeds of bonds. 3. Under a contract with the provider of the energy or water conservation measures that has a term not to exceed the lesser of 20 years from the final date of installation or the average

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useful life of the energy or water conservation or usage measures. An energy savings performance contract for energy or water conservation measures shall contain provisions requiring the provider of the energy or water conservation measures to guarantee the amount of the savings to be realized by the District under the contract. If the term of an energy savings performance contract exceeds one year, the District’s contractual obligations in any one year during the term of the contract beginning after the final date of installation may not exceed the total energy, water, wastewater, and operating cost savings, including electrical, gas, water, wastewater, or other utility cost savings and operating cost savings resulting from the measures as determined by the District, divided by the number of years in the contract term.

CONTRACT An energy savings performance contract for energy or water con- PROCUREMENT servation measures shall be let according to the procedures established for professional services by Government Code 2254.004. Notice of the request for qualifications shall be published in the manner provided for competitive bidding.

COST SAVINGS Before entering an energy savings performance contract, the REVIEW Board must require that the cost savings projected by an offeror be reviewed by a licensed professional engineer who has a minimum of three years of experience in energy calculation and review, is not an officer or employee of an offeror for the contract under review, and is not otherwise associated with the contract. In conducting the review, the engineer shall focus primarily on the proposed improvements from an engineering perspective, the methodology and calculations related to cost savings, increases in revenue, and, if applicable, efficiency or accuracy of metering equipment. An engineer who reviews a contract shall maintain the confidentiality of any proprietary information the engineer acquires while reviewing the contract. Education Code 44.901

ENERGY USAGE The District shall record in an electronic repository the District’s REPORT metered amount of electricity, water, or natural gas consumed for which it is responsible to pay and the aggregate costs for those utility services. The District shall report the recorded information on a publicly accessible Internet Web site with an interface designed for ease of navigation if available, or at another publicly accessible location. Gov’t Code 2264.001

LIGHT BULBS The District shall purchase for use in each type of light fixture in an instructional facility the commercially available model of light bulb that:

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1. Uses the fewest watts for the necessary luminous flux or light output; 2. Is compatible with the light fixture; and 3. Is the most cost-effective, considering the factors described above. Education Code 44.903 [See CS for energy conservation measures related to outdoor lighting fixtures]

RECYCLING In cooperation with the comptroller or the Texas Commission on PROGRAM Environmental Quality (TCEQ), the District shall establish a program for the separation and collection of all recyclable materials generated by the District’s operations, including at a minimum, aluminum, steel containers, aseptic packaging, polycoated paper- board cartons, high-grade office paper, and corrugated cardboard. “Recyclable materials” includes materials in the District’s possession that have been abandoned or disposed of by the District’s officers or employees or by any other person. The District shall also: 1. Provide procedures for collecting and storing recyclable materials, provide containers for recyclable materials, and provide procedures for making contractual or other arrangements with buyers of recyclable materials. 2. Evaluate the amount of recyclable material recycled and modify the recycling program as necessary to ensure that all recyclable materials are effectively and practicably recycled. 3. Establish educational and incentive programs to encourage maximum employee participation. The District may seek an exemption from compliance if it has a population of less than 5,000 within its geographic boundaries and demonstrates to the TCEQ that compliance would work a hardship on the District. Health and Safety Code 361.425

CERTIFICATE OF When the District sells property, the District shall provide to the MOLD REMEDIATION buyer a copy of any certificate of mold remediation that has been issued for the property. Occupations Code 1958.154(b); 25 TAC 295.327(d)

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AUTHORIZATION TO The District may purchase school motor vehicles through the PURCHASE OR LEASE comptroller or through competitive bidding. Education Code VEHICLES 34.001(a) [See CH] Each contract proposed to be made by the District for the purchase or lease of one or more school buses must be submitted to competitive bidding when the contract is valued at $20,000 or more. Education Code 44.031(l) When a contract for the purchase of school buses is valued at $20,000 or more, the contract must be made either through competitive bidding or by purchasing the buses through the comptroller. Atty. Gen. Op. LO-98-063 (1998)

PAYMENT If the Board is unable to pay immediately for a vehicle, it may, subject to the provisions of law, issue time warrants in amounts sufficient to make such payments. Education Code 34.005 The Board may issue bonds to purchase new school buses. Edu- cation Code 45.001 [See CCA]

SAFETY The District shall meet or exceed the safety standards for school STANDARDS buses established by the Department of Public Safety, with the advice of TEA. If the District fails or refuses to meet these standards, it shall be ineligible to receive its transportation allotment until the first anniversary of the date the District begins compliance. Educa- tion Code 34.002; Trans. Code 547.102; 37 TAC 14.51, 14.52

NEW VAN A school system may not purchase or lease a new 15-passenger PURCHASES OR van if it will be used significantly by, or on behalf of, the school sys- LEASES tem to transport preprimary, primary, or secondary school students to or from school or an event related to school, unless the 15- passenger van complies with the motor vehicle standards prescribed for school buses and multi-function school activity buses under federal law. This provision does not apply in some limited circumstances, including the purchase or lease of a 15-passenger van under a contract executed before August 10, 2005, the date of enactment of this provision. 49 U.S.C. 30112

MAINTENANCE School buses operated by the District shall be maintained and inspected as required by the Transportation Code. Trans. Code 548

CONTRACTS FOR The Board may contract with any person for use, acquisition, USE, ACQUISITION, lease, or lease with option or options to purchase school buses, if OR LEASE OF the Board determines such a contract to be economically advanta- SCHOOL BUS geous to the District. Such a contract may have any lawful term of not less than two or more than ten years. Competitive bidding requirements apply to each contract for the purchase or lease of a school bus, including a lease with an option to purchase, when the contract is valued at $20,000 or more. A school bus that is leased

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or leased with an option to purchase must meet or exceed safety standards set out in Education Code 34.002. Education Code 34.009, 44.031(l) [See CH]

REGISTRATION District-owned vehicles used exclusively for the District are exempt from the state registration fee; however, they shall be registered in accordance with general statutes relating to motor vehicle registration. Trans. Code 502.202

IDENTIFICATION Exempt license plates shall not be issued to vehicles unless the applicant for registration certifies in writing that the name of the District is printed on each side of the vehicle, in letters that are at least two inches high or in an emblem that is at least 100 square inches in size. The letters or emblem must be of a color sufficiently different from the body of the vehicle to be clearly legible from a distance of 100 feet. Trans. Code 502.2015

SEAT BELTS The District shall require a student riding a bus operated by or con- POLICY tracted for operation by the District to wear a seat belt if the bus is equipped with seat belts for all passengers on the bus. The District may implement a disciplinary policy to enforce the use of seat belts by students. Education Code 34.013 FUNDING The Board shall consider any offer made by a person to donate three-point seat belts or money for the purchase of three-point seat belts for the District’s school buses. The Board may accept or decline the offer after adequate consideration. The Board may acknowledge a person who donates three-point seat belts or money for the purchase of three-point seat belts for a school bus by displaying a small, discreet sign on the side or back of the bus recognizing the person who made the donation. The sign may not serve as an advertisement for the person who made the donation. Education Code 34.014

SALE OF BUSES If the District so requests, the comptroller shall dispose of a school bus, but the District is not required to dispose of a bus through the comptroller. Education Code 34.006

SCHOOL BUS The exterior of a school bus may not bear advertising or another ADVERTISING paid announcement directed at the public if the advertising or announcement distracts from the effectiveness of required safety- warning equipment. A school bus that violates this section or rules adopted under this section shall be placed out of service until it complies. Trans. Code 547.701(d)

ADVERTISING The District may allow advertisements on school buses in accor- RULES dance with rules adopted by the Texas Department of Public Safety

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(DPS) at 37 TAC 14.61–14.67. The rules apply to all school buses used to transport preprimary, primary, and secondary public school students. 37 TAC 14.62

‘ADVERTISEMENT’ For purposes of this policy, “advertisement” means any communication brought to the attention of the public by paid announcement or in return for public recognition in connection with an event or offer or sale of a product or service, except for a single-line listing of a carrier name or manufacturer logo approved by the Texas De- partment of Public Safety. 37 TAC 14.61(1)

MATERIAL AND Advertisements must be of a material and in a location specified in LOCATION the rules. 37 TAC 14.63–14.65

NOTICES Each September, districts involved in an advertising program shall ANNUAL NOTICE provide to the School Bus Transportation Safety Unit at DPS written notification of the number of school buses operated by or for the District that display exterior advertising or another paid announcement. 37 TAC 14.67(a)(1), (b)

NOTICE OF The District shall also provide DPS written notification of any acci- ACCIDENTS dent directly or indirectly involving a school bus operated by or for the District that bears advertising or another paid announcement. 37 TAC 14.67(a)(2) Notice must be received not more than five days from the date of the accident and shall include the following: 1. The name and address of the owner of the school bus; 2. The name and driver’s license number of the school bus operator; 3. The date of the accident; 4. The city or county where the accident occurred; and 5. The investigating police agency. 37 TAC 14.67(c)

DELIVERY OF Notices to DPS may be delivered by facsimile, electronic mail, or NOTICE mailed to the School Bus Transportation Safety Unit, Texas De- partment of Public Safety, Box 4087, Austin, TX 78773-0252. 37 TAC 14.67(d)

ACCIDENT REPORTS The District shall report annually to TEA the number of accidents in which the District’s buses are involved. The agency by rule shall determine the information to be reported, including: 1. The type of bus involved in the accident;

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2. Whether the bus was equipped with seat belts; 3. The number of students and adults involved in the accident; 4. The number and types of injuries sustained by bus passengers in the accident; and 5. Whether the injured passengers were wearing seat belts at the time of the accident. Education Code 34.015(b)

NONSCHOOL USE The Board may contract with nonschool organizations for use of school buses. Education Code 34.010(a) The Board may provide services for the maintenance and operation of buses used by nonschool organizations in accordance with the contracts for such use. Education Code 34.010

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COVERAGE Unless an exemption applies, a district with 500 or fewer employ- REQUIREMENTS ees is required to participate in the uniform group coverage pro- UNIFORM gram established under Insurance Code 1579 (TRS-Active Care). PROGRAM A district with more than 500 employees may elect to participate in (TRS-ACTIVE the program. Insurance Code 1579.151–.152; Education Code CARE) 22.004(a) The Teacher Retirement System (TRS) shall implement and administer the uniform group coverage program. TRS shall establish plans of group coverages for employees participating in the program and their dependents. Insurance Code 1579.051, 1579.101

EMPLOYEE Participation in the program is limited to employees of participating ELIGIBILITY districts who are full-time employees and to part-time employees who are participating members in TRS. A part-time employee who is not a participating member in TRS is eligible to participate in the program only if the employee pays all of the premiums and other costs associated with the health coverage plan selected by the employee. A participating employee may select coverage in any coverage plan offered by TRS. If the combined state and District contributions [see COST OF COVERAGE, below] exceed the cost of a coverage plan selected by the employee, the employee may use the excess contributions to obtain coverage under a higher tier coverage plan, or to pay all or part of the cost of coverage for the employee’s dependents. A married couple, both of whom are eligible for coverage under the program, may pool the amount of contributions to which the couple are entitled under the program to obtain coverage for themselves and dependent coverage. Insurance Code 1579, Subch. E

OPTIONAL Districts participating in the uniform group coverage program may COVERAGES enter contracts to provide optional insurance coverages for District employees. Education Code 22.004(j)

OTHER PROGRAMS Districts that do not participate in the uniform group coverage program shall make available to their employees group health coverage provided by a risk pool established by one or more districts under Local Government Code Chapter 172, or under a policy of group insurance or group contract issued by an insurer, a company subject to Insurance Code Chapter 842, or a health maintenance organization under Insurance Code Chapter 843.

FINANCIAL The District may not contract with an insurer, company, or health STATEMENT maintenance organization to issue a policy or contract for group health insurance, or with any person to assist the District in obtain- ing or managing the policy or contract unless the insurer, company,

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organization, or person provides the District with an audited financial statement. Education Code 22.004(b), (c)

SMALL A district that does not participate in the uniform group coverage EMPLOYER program may elect to participate in the small employer market MARKET without regard to the number of eligible employees in the District. ELECTION If the District makes this election, it will be treated as a small employer for the purposes of Article 1501 of the Texas Insurance Code. A district that is participating in the uniform group coverage program may not renew a health insurance contract obtained in accordance with Article 1501 after the date on which the program of coverages provided under the uniform group coverage program is implemented. This provision does not affect a contract for the provision of optional coverages. Insurance Code 1501.009

EMPLOYEE A District employee who is eligible for coverage under a large or ELECTION — small employer health benefit plan providing coverage to the Dis- SPOUSES trict’s employees and who is the spouse of another District employee covered under the plan may elect whether to be treated under the plan as an employee or as the dependent of the other employee. Insurance Code 1501.0095

SELF-FUNDED Except as otherwise provided above, the Board may establish a HEALTH CARE PLAN self-funded health care plan for District employees and their dependents. In implementing the plan, the Board shall establish a fund to pay all or part of plan-authorized costs for health care incurred by program participants. The fund consists of money contributed by the District and money deducted from the employee’s salary for coverage, upon the employee’s written authorization. Education Code 22.005

COMPARABILITY If the District does not participate in the uniform group coverage plan, the coverage it provides must be comparable to the basic health coverage provided under Insurance Code Chapter 1551 (Texas Employees Group Benefits Act) and must meet the substan- tive coverage requirements set forth in Education Code 22.004(b).

COMPLIANCE The District shall report its compliance with the comparability re- REPORT quirements to TRS by March 1 of each even-numbered year. The report must be based on the District group health coverage plan in effect during the current plan year and must include: 1. Appropriate documentation of:

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a. The District’s contract for group health coverage, or b. A Board resolution authorizing a self-insurance plan. 2. The schedule of benefits. 3. The premium rate sheet, including the amount paid by the District and the employee. 4. The number of employees covered by each health coverage plan offered by the District. 5. Information concerning the ease of completing the report, as required by TRS. 6. Any other information considered appropriate by TRS. The report must be available for review, together with the policy or contract for the group health coverage plan, at the central administrative office of each campus in the District and must be posted on the District’s Internet Web site if the District maintains a Web site. Education Code 22.004(d); 34 TAC 41.91(d)

COST OF COVERAGE The cost of coverage under the uniform group coverage program TRS-ACTIVE CARE shall be shared by the state, the District, and the employees, as set forth below.

STATE The state shall provide for each covered employee the amount of CONTRIBUTION $900 each state fiscal year or a greater amount as provided by the General Appropriations Act. The state contribution shall be distributed through the school finance formulas under Education Code Chapters 41 and 42 and used by districts as provided by Education Code 42.2514 and 42.260. Insurance Code 1579, Subch. F

EMPLOYEE An employee covered by the program shall pay that portion of the CONTRIBUTION cost of coverage selected by the employee that exceeds the amount of the state contribution and the District’s contribution. The District may pay any portion of what otherwise would be the employee share of premiums and other costs associated with the coverage selected by the employee. Insurance Code 1579.253

OTHER PROGRAMS If the District does not participate in the uniform group coverage program, the cost of coverage shall be shared by the employees and the District, using the contributions by the state described at Insurance Code Chapter 1579, Subchapter F. [See STATE CON- TRIBUTION, above] Education Code 22.004(c)

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DISTRICT The District shall, for each fiscal year, pay an amount equal to the CONTRIBUTION number of participating employees multiplied by $1,800. MINIMUM EFFORT MAXIMUM Subject to the minimum effort requirement, a district that paid EFFORT amounts for the 2000–01 school year for employees’ health coverage shall, for each fiscal year, continue to pay at least the same amounts for each participating employee, computed as follows: the District shall divide the amount the District paid during the 2000–01 school year for the prior group health coverage plan by the total number of full-time employees in the 2000–01 school year and multiply the result by the number of full-time employees in the fiscal year for which the computation is made. If, for the 2000–01 school year, the District provided group health coverage to its employees through a self-funded insurance plan, the amount the District paid during that school year for the plan includes only the amount of regular contributions made by the Dis- trict. Insurance Code 1581.052

EXCESS FUNDS If the amount the District is required to pay for maintenance of effort exceeds $1,800 per participating employee, the District may use the excess only to provide employee compensation at a rate greater than the rate of compensation that the District paid an employee in the 2000–01 school year, benefits, or both. Insurance Code 1581, Subch. B

HEALTH Each payroll period and for each rehired retiree who is enrolled in INSURANCE TRS Care (retiree group health insurance), the District shall con- CONTRIBUTIONS tribute to the TRS Care trust fund any difference between the FOR REHIRED amount the retiree is required to pay for the retiree and any en- RETIREES rolled dependents to participate in the group program and the full cost of the retiree’s and enrolled dependents’ participation in the group program, as determined by TRS. [See DEA]

EXCEPTION The District is not required to contribute these amounts for a retiree who retired from TRS before September 1, 2005. Gov’t Code 825.4092; Insurance Code 1575.204

DESIGNATION OF An employee who is covered by a cafeteria plan or who is eligible COMPENSATION FOR to pay health care premiums through a premium conversion plan BENEFITS may elect to designate a portion of the employee’s compensation to be used as health care supplementation. [See DEA]

USE An employee may use the compensation designated for health care supplementation for any employee benefit, including deposit-

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ing the designated amount into a cafeteria plan in which the employee is enrolled or using the designated amount for health care premiums through a premium conversion plan. Education Code 22.103, 22.106

CONTINUATION Notwithstanding any other law, an employee whose resignation is COVERAGE effective after the last day of an instructional year is entitled to par- AFTER ticipate or be enrolled in the uniform group coverage plan or the RESIGNATION group health coverage through the first anniversary of the date participation in or coverage under the uniform group coverage plan or the group health coverage was first made available to District employees for the last instructional year in which the employee was employed by the District. The District may not diminish or eliminate its contribution [see DISTRICT CONTRIBUTION, above] before the last date on which the employee is entitled to participation or enrollment. Education Code 22.004(k), (l)

DURING MILITARY An employee who is absent from a position of employment by rea- LEAVE son of service in the uniformed services may elect to continue coverage under a health plan. The maximum period of coverage of such a person and the person’s dependents shall be the lesser of: 1. The 24-month period beginning on the date on which the person’s absence begins; or 2. The day after the date on which the person fails to apply for or return to a position of employment. [See DEC] 38 U.S.C. 4317

DURING FMLA During any period of leave under the Family and Medical Leave Act LEAVE (FMLA), the District shall allow the employee to maintain coverage under any group health plan for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. 29 U.S.C. 2614(c); 29 CFR 825.209, 825.210, 825.213 [See also DEC]

UPON In accordance with the Consolidated Omnibus Budget Reconcilia- TERMINATION OR tion Act of 1985 (COBRA), the District shall offer continuation cov- OTHER QUALIFYING erage under any group health insurance plan established after EVENT (COBRA) July 1, 1986, to the following qualified beneficiaries for the stated period of time: 1. To the employee for 18 months after a termination (other than for gross misconduct) or reduction in hours. An employee providing notice of being disabled under Title II or XVI of the Social Security Act before the end of the initial 18 months of

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coverage shall be offered up to 29 months of continuation coverage. 2. To dependents of the covered employee for 36 months after the employee becomes eligible for Medicare benefits. 3. To dependents of the covered employee for 36 months after the employee’s death or the divorce or legal separation of the employee from a spouse. 4. To a dependent child for 36 months after the child ceases to be a dependent under the terms of the plan. 42 U.S.C. 300bb-1, 300bb-2, 300bb-3

PREMIUM The District may require premium payments not to exceed 102 percent of the usual cost of the plan for continuation coverage. Individuals entitled to 29 months of continuation coverage may be required to pay premiums not to exceed 150 percent of the usual cost for any month after the 18th month. The qualified beneficiary may choose to pay the premiums in monthly installments. In no event may payment be required before the day that is 45 days after the day on which the qualified beneficiary made the initial election for continuation coverage. 42 U.S.C. 300bb-2(3)

NOTICE The District shall notify its group health plan administrator within 30 days of an employee’s death, termination or reduction of hours, or becoming eligible for Medicare payments. The qualified beneficiary is responsible for notifying the plan administrator of a divorce or legal separation from a spouse or of a dependent child’s ceasing to be a dependent. A qualified beneficiary who is determined to have been disabled at the time of termination is responsible for notifying the plan administrator of that determination within 60 days of the determination and within 30 days after a subsequent determination that he is no longer disabled. 42 U.S.C. 300bb-6

TERMINATION OF Coverage of qualified beneficiaries shall end on the earliest of the COVERAGE following dates: 1. The required period of coverage expires. 2. The District ceases to provide any group health plan to any employee. 3. Coverage ceases for failure to pay the premium. 4. The qualified beneficiary becomes covered under any other group plan.

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5. The qualified beneficiary becomes entitled to Medicare benefits. 42 U.S.C. 300bb-2(2)

Note: See also DEB for continuation benefits that are available to survivors of District peace officers under certain conditions.

COVERAGE OF Notwithstanding any other law, group health benefit coverage pro- PRE-EXISTING vided by or offered through the District to its employees under any CONDITIONS law other than the uniform group coverage program is subject to the requirements of Sections 1501.102–1501.105, Insurance Code, which limit exclusion for preexisting conditions. This requirement applies to all group health benefit coverage provided by or offered through the District to its employees, including a standard health benefit plan issued under the Insurance Code and health and accident coverage provided through a risk pool established under Chapter 172, Local Government Code. Education Code 22.004(m)

TRS-ACTIVE CARE Coverage provided under the uniform group coverage program may not be made subject to a pre-existing condition limitation during the initial period of eligibility. Insurance Code 1579.105

FEDERAL LAW In addition, a group health plan may not impose a preexisting condition exclusion unless: 1. The exclusion relates to a condition (whether physical or mental), regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within the six-month period ending on the enrollment date; 2. The exclusion extends for a period of not more than 12 months (or 18 months in the case of a late enrollee) after the enrollment date; and 3. The period of any such preexisting condition exclusion is reduced by the aggregate of the periods of creditable coverage (if any) applicable to the participant or beneficiary as of the enrollment date. 42 U.S.C. 300gg(a)(1); 45 CFR 146.111(a)

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HEALTH INSURANCE A group health plan shall provide certification: PORTABILITY AND ACCOUNTABILITY ACT 1. At the time an individual ceases to be covered under the plan (HIPAA) or otherwise becomes covered under a COBRA continuation provision. This certification may be provided, to the extent CERTIFICATE OF practicable, at a time consistent with notices required under CREDITABLE COVERAGE any applicable COBRA continuation provision; 2. In the case of an individual covered under COBRA, at the time the individual’s COBRA coverage ceases; and 3. On the request on behalf of an individual made not later than 24 months after the date of cessation of coverage. The certification is a written certification of: 1. The period of creditable coverage of the individual under such plan and the coverage (if any) under such COBRA continuation provision, and 2. The waiting period (if any) (and affiliation period, if applicable) imposed with respect to the individual for any coverage under such plan. To the extent that medical care under a plan consists of group health insurance coverage, the plan is deemed to have satisfied the certification requirements if any issuer offering the coverage provides for certification. 42 U.S.C. 300gg(e); 45 CFR 146.115

OTHER HIPAA HIPAA requires plan sponsors to observe certain coverage re- REQUIREMENTS quirements and restrictions, including: 1. Limitations on preexisting condition exclusion periods; 2. Special enrollment periods for individuals; 3. Prohibitions against discriminating against individual participants and beneficiaries based on health status; 4. Standards relating to benefits for mothers and newborns; 5. Parity in the application of certain limits to mental health benefits.

ELECTION TO BE The plan sponsor of a nonfederal governmental group health plan EXCLUDED may elect to be exempted from the following provisions of HIPAA.

FORM OF The election must be in writing and state the name of the plan and ELECTION the name and address of the plan administrator. The election document must either state that the plan does not include health insurance coverage, or identify which portion of the plan is not

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funded through insurance. The election must be made in conformity with all the plan sponsor’s rules, including any public hearing, if required. The election document must be signed, and must certify that the person signing the election document, including if applicable a third party plan administrator, is legally authorized to do so by the plan sponsor.

TIMING OF The election must be received by the Health Care Financing Ad- ELECTION ministration by the day preceding the beginning date of the plan year. The election applies for a single specified plan year. An election may be extended through subsequent elections.

CONTENTS OF If this election is made, the plan shall provide for notice to enrol- NOTICE lees, on an annual basis and at the time of enrollment under the plan. The notice shall be provided to each participant individually. 42 U.S.C. 300gg-21; 45 CFR 146.180

PRIVACY OF HEALTH To the extent the District is a covered entity under the Administra- INFORMATION tive Simplification provisions of HIPAA, the District must maintain the privacy of protected health information in accordance with the Privacy Rule, 45 CFR Part 164. 42 U.S.C. 1320d et seq. ‘COVERED ENTITY’ The District is a “covered entity” under the Privacy Rule to the ex- DEFINED tent it is: 1. A health plan; 2. A health-care clearinghouse; or 3. A health-care provider who transmits any health information in electronic form in connection with a transaction covered by the Privacy Rule. 45 CFR 160.103

‘PROTECTED “Protected health information” means individually identifiable health HEALTH information that is transmitted or maintained in any form or me- INFORMATION’ dium, including electronic media and oral communications. “Pro- DEFINED tected health information” excludes individually identifiable health information in: 1. Education records covered by the Family Educational Rights and Privacy Act (FERPA), as amended. 2. Medical treatment records, as described at 20 U.S.C. 1232g(a)(4)(B)(iv), on a student who is at least 18 years of age. 3. Employment records held by a covered entity in its role as employer. 20 U.S.C. 1232g, 45 CFR 160.102, 164.501 [See FL] DATE ISSUED: 1/23/2008 9 of 10 UPDATE 82 CRD(LEGAL)-P Humble ISD 101913

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SPONSORS OF Before a group health plan may disclose protected health informa- GROUP HEALTH tion to the District that is a plan sponsor, the group health plan PLANS must ensure that the plan documents restrict uses and disclosures of such information by the District consistent with the requirements of the Privacy Rule. 45 CFR 164.504(f) The group health plan may disclose the following information to a district that is a plan sponsor without amending the plan documents: 1. Summary health information, consistent with the requirements of the Privacy Rule; and 2. Enrollment and disenrollment information relating to an individual participating in the plan. 45 CFR 164.504(f)

‘PLAN SPONSOR’ The term “plan sponsor” includes employers who establish or main- DEFINED tain employee benefit plans, alone or jointly with one or more employers. 29 U.S.C. 1002(16)(B)

SELF-FUNDED A district that is a sponsor of a self-funded group health plan is a PLANS covered entity under the Privacy Rule. 45 CFR 160.103

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INSURANCE AND ANNUITIES MANAGEMENT CRG DEFERRED COMPENSATION AND ANNUITIES (LEGAL)

DEFERRED The District, either alone or by contract with other political subdivi- COMPENSATION sions, may create and administer a deferred compensation plan, the federal income tax treatment of which is governed by Section 457 of the Internal Revenue Code of 1986, and its subsequent amendments, for its employees and may assess a fee on each participating employee for administering the plan. The organization and implementation of such a deferred compensation plan shall be in accordance with Chapter 609, Subchapter B, Government Code. Gov’t Code Ch. 609

ANNUITIES The District may enter into a salary reduction agreement with an employee only if the qualified investment product is an eligible qualified investment and is registered with TRS under V.A.T.S. Arti- cle 6228-5, Section 8A. Art. 6228a-5, Sec. 5(a), V.A.T.S.

DEFINITIONS “Eligible qualified investment” means a qualified investment product offered by a company that: 1. Is certified to TRS under V.A.T.S. Article 6228-5, Section 5; or 2. Is eligible to certify to TRS under V.A.T.S. Article 6228-5, Sec- tion 8. A “certified company” is a company that meets all TRS certification requirements. Certified companies shall be placed on the TRS list of certified companies as long as the certification has not expired or been rejected or revoked. 34 TAC 53.1(3) “Qualified investment product” means an annuity or investment that: 1. Meets the requirements of Section 403(b), Internal Revenue Code of 1986, and its subsequent amendments; 2. Complies with applicable federal insurance and securities laws and regulations; and 3. Complies with applicable state insurance and securities laws and rules. “Salary reduction agreement” means an agreement between the District and an employee to reduce the employee’s salary for the purpose of making direct contributions to or purchases of a qualified investment product. Art. 6228a-5, Sec. 4 (3), (5), (7), V.A.T.S.

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EMPLOYEE An employee is entitled to designate any agent, broker, or com- DESIGNATION pany through which a qualified investment product may be purchased or contributions may be made.

PAYROLL To the greatest degree possible, the District shall require that con- DEDUCTION tributions to eligible qualified investments be made by automatic payroll deduction and deposited directly in the investment accounts. Art. 6228a-5, Sec. 5(e), (f), V.A.T.S.

PROHIBITIONS ON The District may not: DISTRICT 1. Refuse to enter into a salary reduction agreement with an employee if the qualified investment product that is the subject of the salary reduction is an eligible qualified investment and is registered with TRS under V.A.T.S. Article 6228-5, Sec- tion 8A, unless: a. The eligible qualified investment product that is the subject of the salary reduction agreement is offered by a company that does not comply with the District’s administrative requirements; b. The District imposes the administrative requirements uniformly on all companies that offer eligible qualified investment products; and c. The administrative requirements are necessary to comply with employer responsibilities imposed by: (1) Section 403(b), Internal Revenue Code of 1986, and its subsequent amendments; (2) Any other provision of the Internal Revenue Code of 1986 that applies to Section 403(b); (3) Any regulation adopted in relation to a law described by subsection (1) or (2) that is effective after December 31, 2007; or (4) Any change to V.A.T.S. Article 6228-5 that becomes effective after January 1, 2007; 2. Require or coerce an employee’s attendance at any meeting at which qualified investment products are marketed; 3. Limit the ability of an employee to initiate, change, or terminate a qualified investment product at any time the employee chooses;

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4. Grant exclusive access to an employee by discriminating against or imposing barriers to any agent, broker, or company that provides qualified investment products; 5. Grant exclusive access to information about an employee’s financial information, including information about an employee’s qualified investment products, to a company or agent offering qualified investment products unless the employee consents in writing to the access; 6. Accept any benefit from a company or from an agent or affili- ate of a company that offers qualified investment products; or 7. Use public funds to recommend a qualified investment product offered by a company or an agent of a company that offers a qualified investment product. Art. 6228a-5, Sec. 9, V.A.T.S.

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APPLICABILITY OF All new facilities and major space renovations approved by the STATE STANDARDS Board after January 1, 2004, shall meet the facility standards es- AFTER JANUARY 1, tablished by the Commissioner as set out in Texas Administrative 2004 Code Title 19, Chapter 61, Section 61.1036. Other renovations associated with repair or replacement of architectural interior or exterior finishes, fixtures, equipment, and electrical, plumbing, and mechanical systems are not subject to space or educational ade- quacy requirements, but must meet construction quality standards. Education Code 46.008; 19 TAC 61.1036

DEFINITIONS After January 1, 2004, a “major space renovation” means renovations to all or part of the facility’s instructional space where the scope of the work in the affected part of the facility involves substantial renovations to the extent that most existing interior walls and fixtures are demolished and then subsequently rebuilt in a different configuration or function. 19 TAC 61.1036(a)(8) “Educational program” means a written document, developed and provided by the District, that includes the following information: 1. A summary of the District's educational philosophy, mission, and goals; and 2. A description of the general nature of the District's instructional program in accordance with the Texas Administrative Code Title 19, Chapter 74, Section 74.1 (relating to Essential Knowledge and Skills). The written educational program should describe: a. The learning activities to be housed, by instructional space; b. How the subject matter will be taught (methods of instructional delivery); c. The materials and equipment to be used and stored; d. Utilities and infrastructure needs; and e. The characteristics of furniture needed to support instruction. 19 TAC 61.1036(a)(1) “Educational specifications” means a written document for a proposed new school facility or major space renovation that includes a description of the proposed project, expressing the range of issues and alternatives. School districts that do not have personnel on staff with experience in developing educational specifications shall utilize the services of a design professional or consultant experienced in school planning and design to assist in the development

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of the educational specifications. The District shall allow for input from teachers, other school campus staff, and District program staff in developing the educational specifications. The following information should be included in the educational specifications: 1. The instructional programs, grade configuration, and type of facility; 2. The spatial relationships—the desired relationships for the functions housed at the facility: a. Should be developed by the District to support the Dis- trict's instructional program; b. Should identify functions that should be: (1) Adjacent to, immediately accessible; (2) Nearby, easily accessible; and (3) Removed from or away from; and c. Should relate to classroom/instructional functions, instructional support functions, building circulation, site activities/functions, and site circulation. 19 TAC 61.1036(a)(2)

APPLICABILITY OF All new facilities and major space renovations approved by the STATE STANDARDS Board before January 1, 2004, shall meet the facility standards es- BEFORE JANUARY 1, tablished by the Commissioner as set out in Texas Administrative 2004 Code Title 19, Chapter 61, Section 61.1033. Other renovations associated with repair or replacement of architectural interior or exterior finishes, fixtures, equipment, and electrical, plumbing, and mechanical systems are not subject to space or educational ade- quacy requirements, but must meet construction quality standards. Education Code 46.008; 19 TAC 61.1033(a)(5), (b)

FIRE ESCAPES The Board shall ensure that each school building that is two or more stories shall have such fire escapes as are required by law. Health and Safety Code 791.002, 791.035, 791.036

SECURITY CRITERIA A district that constructs a new instructional facility or conducts a major renovation of an existing instructional facility using Instruc- tional Facilities Allotment funds shall consider, in the design of the instructional facility, security criteria developed by the Texas School Safety Center. Education Code 46.0081

READILY ACCESSIBLE No qualified individual with a disability shall, because the District’s PROGRAMS facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of, the services, programs, and activities of the District or be subject to

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discrimination. 42 U.S.C. 12132; 28 CFR 35.149; 29 U.S.C. 794; 34 CFR 104.21 The District shall operate each program, service, or activity so that when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities. The District is not, however, required to make each existing facility or every part of a facility accessible to and usable by individuals with disabilities. Compliance with these requirements may be achieved by: 1. Redesigning equipment. 2. Reassigning classes or other services to accessible buildings. 3. Assigning aides to qualified individuals with disabilities. 4. Home visits. 5. Delivery of services at alternate accessible sites. 6. Alteration of existing facilities. 7. Constructing new facilities that comply with 34 CFR 104.23 and 28 CFR 35.151. 8. Any other methods that would result in making services, programs, and activities accessible to individuals with disabilities. Structural changes in existing facilities need not be made when other methods will achieve compliance with Title II of the Ameri- cans with Disabilities Act and its implementing regulation. In choosing among available alternatives for meeting these requirements, the Board shall give priority to methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate. 28 CFR 35.150; 34 CFR 104.22

REVIEW OF PLANS All plans and specifications for construction or for the substantial renovation, modification, or alteration of a building or facility that has an estimated construction cost of $50,000 or more shall be submitted to the Department of Licensing and Regulation for review and approval. The District as owner of the building or facility may not allow an application to be filed with a local governmental entity for a building construction permit related to the plans and specifications or allow construction, renovation, modification, or alteration of the building or facility to begin before the date the plans and specifications are submitted to the Department by the architect, interior designer, landscape architect, or engineer.

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The District as owner of each building or facility that has an estimated construction, renovation, modification, or alteration cost of at least $50,000 is responsible for having the building or facility inspected for compliance with the standards and specifications adopted by the Commission of Licensing and Regulation not later than the first anniversary of the date that construction or substantial renovation, modification, or alteration of the building or facility is completed. The inspection must be performed by the Department, an entity with whom the Commission contracts, or a person who holds a certificate of registration to perform inspections. Gov’t Code 469.101, 469.102(c), 469.105

NOTICE The District shall adopt and implement procedures to ensure that interested persons, including those with impaired vision or hearing, can obtain information as to the existence and location of services, activities, and facilities that are accessible to and usable by persons with disabilities. 34 CFR 104.22(f)

PORTABLE BUILDINGS Any portable, modular building capable of being relocated that is purchased or leased after September 1, 2007, for use as a school facility, regardless of whether the building is an industrialized building as defined by Occupations Code 1202.003, must be inspected as provided by Occupations Code Subchapter E, Chapter 1202 to ensure compliance with the mandatory building codes or approved designs, plans, and specifications. Education Code 46.008(b)

PLAYGROUNDS Public funds may not be used to purchase playground equipment or surfacing for the area under and around the equipment if either purchase does not substantially comply with each applicable provision of the Handbook for Public Playground Safety, published by the U.S. Consumer Product Safety Commission.

EXCEPTION Public funds may be used to maintain playground equipment or surfacing that was purchased before September 1, 1997, even if they do not comply with the Playground Safety Handbook. Health and Safety Code 756.061

OUTDOOR LIGHTING An outdoor lighting fixture that is designed, installed, or replaced on FIXTURES or after September 1, 1999, may be installed, replaced, maintained, or operated using state funds only if the fixture meets the specific energy conservation and light pollution standards in Health and Safety Code Chapter 425.

EXCEPTIONS The standards for state-funded outdoor lighting fixtures do not apply when: 1. Preempted by federal law, rule, or regulation;

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2. Emergency personnel temporarily require additional illumination for emergency procedures; 3. The lighting fixture is used temporarily for nighttime work; 4. Special events or circumstances* require additional illumination; 5. The fixture is used solely to enhance the aesthetic beauty of an object; or 6. A compelling safety interest cannot be addressed by another method.

*Note: Special events or situations that may require additional illumination include sporting events and illumination of monuments, historic structures, or flags. Illumination for special events or situations must be installed to shield the outdoor lighting fixtures from direct view and to minimize upward lighting and light pollution.

Health and Safety Code 425.002

TESTING OF NATURAL At least every two years, before the beginning of the school year GAS PIPING and in strict compliance with the time frames established by Rail- road Commission rule, the District shall pressure test the natural gas piping system in each District facility. The testing may be performed on a two-year cycle under which the District pressure tests the natural gas piping system in approximately one-half of the facilities each year. If the District operates one or more District facilities on a year-round calendar, the pressure test in each of those facilities shall be conducted and reported not later than July 1 of the year in which the pressure test is performed. Utilities Code 121.502; 16 TAC 8.230(c)(4)

RAILROAD The Railroad Commission of Texas has adopted rules to enforce COMMISSION this policy. Each District facility described in Commission rules RULES shall be tested in accordance with the procedures and timetables implemented by Commission rules. 16 TAC 8.230

STANDARDS AND A test performed under a municipal code in compliance with Rail- PROCEDURE road Commission rules shall satisfy the pressure testing requirements. Utilities Code 121.502(d); 16 TAC 8.230(c)(1) The pressure test shall determine whether the natural gas piping downstream of a District facility meter holds at least normal operating pressure over a specified period determined by the Railroad Commission. During the pressure test, each system supply inlet and outlet in the facility must be closed. The pressure test shall be

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performed by a person qualified in accordance with the testing procedures established by Railroad Commission rules. At the Dis- trict’s request, the Railroad Commission shall assist the District in developing a procedure for conducting the test. Utilities Code 121.503; 16 TAC 8.230(c)(2), (3)

NOTICE The District shall provide written notice to the District’s natural gas supplier specifying the date and result of each pressure test or other inspection. The supplier shall develop procedures for receiving such written notice from the District. Utilities Code 121.504(a); 16 TAC 8.230(c)(1)

TERMINATION OF The supplier shall terminate service to a District facility if: SERVICE 1. The supplier receives official notification from the firm or individual conducting the test of a hazardous natural gas leakage in the facility piping system; or 2. A test or other inspection is not performed as required. Utilities Code 121.505(a) The supplier shall develop procedures for terminating service to the District if: 1. The natural gas supplier receives notification of a hazardous natural gas leak in the school facility piping system; or 2. The natural gas supplier does not receive written notification from the District specifying the completion date and results of the testing. 16 TAC 8.230(b)(2) REPORTING LEAKS An identified natural gas leakage in a District facility must be reported to the Board. The firm or individual conducting the natural gas piping test shall immediately report any hazardous natural gas leak in a District facility to the Board and to the District’s natural gas supplier. Utilities Code 121.506; 16 TAC 8.230(c)(6) LP-GAS SYSTEMS At least biennially, the District shall perform pressure tests for leak- TESTING age on the LP-gas piping system in each District facility before the beginning of the school year. The District may perform the pressure tests on a two-year cycle under which the tests are performed for the LP-gas piping systems of approximately half of the facilities each year. If the District operates one or more District facilities on a year-round calendar, the pressure test in each of those facilities must be conducted and reported not later than July 1 of the year in which the test is performed.

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A test performed under a municipal code satisfies the pressure testing requirements. Natural Resources Code 113.352; 16 TAC 9.41 REQUIREMENTS OF The District shall perform the pressure test to determine whether TEST the LP-gas piping system holds at least the amount of pressure specified by the National Fire Protection Association 54, National Fuel Gas Code. The pressure test must be conducted in accordance with National Fire Protection Association 54. The Railroad Commission, upon request, shall assist the District in providing for the certification of a District employee to conduct the test and in developing a procedure for conducting the test. Natural Resources Code 113.353 Before the introduction of any LP-gas into the LP-gas piping system, the District shall provide verification to its supplier that the piping has been tested. NOTICE The District shall provide written notice to the Railroad Commission specifying the date and the result of each pressure test or other inspection of the LP-gas piping system within one week of the date each test is performed. Natural Resources Code 113.354; 16 TAC 9.41 TERMINATION OF A supplier shall terminate service to a District facility if: SERVICE 1. The supplier receives official notification from the firm or individual conducting the test of a hazardous leakage in the facility LP-gas piping system; or 2. A test at the facility is not performed as required. Natural Resources Code 113.355

REPORTING LEAKS An identified LP-gas leakage in a District facility shall be reported to the Board and the LP gas system shall be removed from LP gas service until repairs are made and another test passed. Natural Resources Code 113.356; 16 TAC 9.41(b)(3) INTRASTATE PIPELINE The Railroad Commission shall require the owner or operator of EMERGENCY each intrastate hazardous liquid or carbon dioxide pipeline facility, RESPONSE PLAN any part of which is located within 1,000 feet of a public school building containing classrooms, or within 1,000 feet of another public school facility where students congregate, to: 1. On written request from the District, provide in writing the following parts of a pipeline emergency response plan that are relevant to the school:

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a. A description and map of the pipeline facilities that are within 1,000 feet of the school building or facility; b. A list of any product transported in the segment of the pipeline that is within 1,000 feet of the school facility; c. The designated emergency number for the pipeline facility operator; d. Information on the state’s excavation one-call system; and e. Information on how to recognize, report, and respond to a product release; and 2. Mail a copy of the requested items by certified mail, return receipt requested, to the Superintendent of the District in which the school building or facility is located. A pipeline operator or the operator’s representative shall appear at a regularly scheduled meeting of the Board to explain the above items if requested by the Board or District. The Railroad Commission may not require the release of parts of an emergency response plan that include security sensitive information, including maps or data. Security sensitive information shall be made available for review by but not provided to the Board. Natural Resources Code 117.012(k), (l), (m); 16 TAC 8.315

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BOARD AUTHORITY The Board may adopt rules and procedures for the acquisition of goods and services. Education Code 44.031(d)

DELEGATION OF The Board may delegate its authority regarding an action author- AUTHORITY ized or required to be taken by the District by Education Code Chapter 44, Subchapter B to a designated person, representative, or committee. The Board may not delegate the authority to act regarding an action authorized or required to be taken by the Board by Education Code Chapter 44, Subchapter B. In procuring construction services, the District shall provide notice of the delegation and the limits of the delegation in the request for bids, proposals, or qualifications or in an addendum to the request. If the District fails to provide that notice, a ranking, selection, or evaluation of bids, proposals, or qualifications for construction services other than by the Board in an open public meeting is advisory only. Education Code 44.0312

INJUNCTION A court may enjoin performance of a contract made in violation of Education Code Chapter 44, Subchapter B. A county attorney, district attorney, criminal district attorney, citizen of the county in which the District is located, or any interested party may bring an action for an injunction. A party who prevails in an action brought under this subsection is entitled to reasonable attorney’s fees as approved by the court. Education Code 44.032(f)

IMPERMISSIBLE A trustee, employee, or agent of the District who knowingly or with PRACTICES criminal negligence violates the purchasing laws is subject to criminal penalties. Education Code 44.032 [See CH]

CONTRACTS VALUED All District contracts valued at $25,000 or more in the aggregate for AT OR ABOVE $25,000 each 12-month period shall be made by the method that provides the best value for the District [see also CH]: 1. Competitive bidding. [See CVA] 2. Competitive sealed proposals. [See CVB] 3. An interlocal contract. 4. A design/build contract. [See CVC] 5. A contract to construct, rehabilitate, alter, or repair facilities that involves using a construction manager. [See CVD, CVE] 6. A job order contract for the minor construction, repair, rehabilitation, or alteration of a facility. [See CVF]

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7. The reverse auction procedure as defined by Government Code 2155.062(d). [See CH] Education Code 44.031(a) [For information on contract-related fees, see CH]

SELECTING A When the District is considering awarding a construction contract CONTRACTING using a method specified by Education Code 44.031(a), the Board METHOD shall, before advertising, determine which purchasing method provides the best value for the District. Education Code 44.035(a)

PUBLIC NOTICE Notice of the time by when and place where the bids or proposals, or the responses to a request for qualifications, will be received and opened shall be published in the county in which the District’s central administrative office is located, once a week for at least two weeks before the deadline for receiving bids, proposals, or responses to a request for qualifications. If there is not a newspaper in that county, the advertising shall be published in a newspaper in the county nearest the county seat of the county in which the Dis- trict’s central administrative office is located. In a two-step procurement process, the time and place where the second-step bids, proposals, or responses will be received are not required to be published separately. Education Code 44.031(g)

CONTRACT The District shall base its selection among offerors on criteria au- SELECTION CRITERIA thorized in Education Code 44.031(b). [See CH] The District shall publish in the request for bids, proposals, or qualifications the criteria that will be used to evaluate the offerors and the relative weights given to the criteria. Education Code 44.035(b)

MAKING The District shall document the basis of its selection and shall EVALUATIONS PUBLIC make the evaluations public not later than the seventh day after the date the contract is awarded. Education Code 44.035(c)

ATTORNEY FEES A governmental contract for general construction, an improvement, a service, or a public works project may not provide for the award of attorney’s fees to the District in a dispute in which the District prevails unless the contract provides for the award of attorney’s fees to each other party to the contract if that party prevails in the dispute. Gov’t Code 2252.904

IMPACT FEES The District is not required to pay impact fees imposed under Local Government Code Chapter 395 unless the Board consents to the payment of the fees by entering a contract with the political subdivision that imposes the fees. The contract may contain terms the Board considers advisable to provide for the payment of the fees. Local Gov’t Code 395.022

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PROFESSIONAL The purchasing requirements of Education Code 44.031 do not SERVICES apply to a contract for professional services rendered, including the services of an architect, attorney, or fiscal agents. The District may contract for professional services rendered by a financial consultant or a technology consultant in the manner provided by Govern- ment Code 2254.003, in lieu of the methods provided by Education Code 44.031. Education Code 44.031(f) Competitive bids shall not be solicited for professional services of any licensed or registered certified public accountant, architect, landscape architect, land surveyor, physician, optometrist, professional engineer, state-certified or state-licensed real estate appraiser, or registered nurse. Contracts for these professional services shall be made on the basis of demonstrated competence and qualifications to perform the services and for a fair and reasonable price. Gov’t Code 2254.002, 2254.003(a) [See PROCURING AR- CHITECTURAL, ENGINEERING, AND LAND-SURVEYING SER- VICES, below] An interlocal contract between the District and a purchasing cooperative may not be used to purchase engineering or architectural services. Gov’t Code 791.011(h)

EMERGENCY DAMAGE If school equipment, a school facility, or a part of a school facility or OR DESTRUCTION personal property is destroyed or severely damaged or, as a result of an unforeseen catastrophe or emergency, undergoes major operational or structural failure, and the Board determines that the delay posed by the methods provided for in Education Code 44.031 would prevent or substantially impair the conduct of classes or other essential school activities, then contracts for the replacement or repair of the equipment, school facility, or the part of the school facility may be made by methods other than those required by Education Code 44.031. Education Code 44.031(h)

CRIMINAL HISTORY Before entering into a contract with the District, a person or business must give notice to the District if the person or an owner or operator of the business has been convicted of a felony. The Dis- trict may terminate a contract with a person or business if the Dis- trict determines that the person or business failed to give such notice or misrepresented the conduct resulting in the conviction. The District must compensate the person for services performed before the contract terminated. Education Code 44.034

RIGHT TO WORK While engaged in awarding a contract or overseeing procurement or construction for a public work or public improvement, the Dis- trict: 1. May not consider whether a vendor is a member of or has another relationship with any organization; and

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2. Shall ensure that its bid specifications and any subsequent contract or other agreement do not deny or diminish the right of a person to work because of the person’s membership or other relationship status with respect to any organization. Education Code 44.043

REGISTERED An architect registered in accordance with Occupations Code, Title ARCHITECT 6, Chapter 1051, shall prepare architectural plans and specifications for: 1. A new building constructed and owned by the District that will be used for education, assembly, or office occupancy when the total projected construction costs at the commencement of construction exceed $100,000. 2. Any alteration or addition to an existing building owned by the District that is, or will be, used for education, assembly, or office occupancy when the total projected construction costs of alteration or addition at the commencement of construction exceed $50,000 and the alteration or addition requires the removal, relocation, or addition of any walls or partitions or the alteration or addition of an exit. The District may comply with this requirement by choosing a registered architect or a registered professional engineer as the prime design professional for a building construction, alteration, or addition project. Occupations Code 1051.703; 22 TAC 1.212

REGISTERED Electrical or mechanical engineering plans, specifications, and es- ENGINEER timates for a District construction project whose contemplated cost at completion is more than $8,000 and that involves public health, welfare, or safety must be prepared by a registered professional engineer, and the engineering construction executed under the supervision of such an engineer. Occupations Code 1001.053; Atty. Gen. Op. C-791 (1966) The District is not required to secure the services of a registered professional engineer to prepare plans for or supervise a construction project that does not involve electrical or mechanical engineering and for which the contemplated cost does not exceed $20,000. Occupations Code 1001.053

PROCURING In procuring architectural, engineering, or land-surveying services, ARCHITECTURAL, the District shall [see PROFESSIONAL SERVICES above]: ENGINEERING, AND LAND-SURVEYING 1. First select the most highly qualified provider on the basis of SERVICES demonstrated competence and qualifications; and

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2. Then attempt to negotiate a contract with that provider at a fair and reasonable price. If a satisfactory contract cannot be negotiated with the most highly qualified provider of architectural, engineering, or land-surveying services, the District shall formally end negotiations with that provider, select the next most highly qualified provider, and attempt to negotiate a contract with that provider at a fair and reasonable price. The District shall continue this process until a contract is entered into. Gov’t Code 2254.004

ACCESSIBILITY Each facility or part of a facility constructed by, on behalf of, or for the use of the District shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities. Alterations of facilities that affect or could affect their usability shall, to the maximum extent feasible, be altered in such manner that the altered portion is readily accessible to and usable by individuals with disabilities. 28 CFR 35.151, 34 CFR 104.23

PAYMENT AND When the Board makes a public work contract for constructing, al- PERFORMANCE tering, or repairing a public building or carrying out or completing BONDS any public work, it shall require the contractor, before beginning the work, to execute payment and/or performance bonds as specified below. The bonds shall be executed by a corporate surety in accordance with Insurance Code 7.19-1. The bond shall be payable to the Board and in a form approved by the Board. Gov’t Code 2253.021(a), (d), (e) For a contract in excess of $100,000, a performance bond shall be executed in the amount of the contract conditioned on the faithful performance of the work according to the plans, specifications, and contract documents. The bond is solely for the protection of the District. Gov’t Code 2253.021(b) For a contract in excess of $25,000, a payment bond shall be executed in the amount of the contract solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the prime contractor or a subcontractor to supply public work labor or material. Gov’t Code 2253.021(c)

FAILURE TO OBTAIN If the Board fails to obtain a payment bond covering a contract in PAYMENT BOND excess of $25,000 from the prime contractor, it is subject to the same liability as a surety would be, and a payment bond beneficiary is entitled to a lien on money due to the prime contractor in the same manner and to the same extent as if the contract were sub-

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ject to Subchapter J, Chapter 53, Property Code. Gov’t Code 2253.027

NO BOND FOR A payment or performance bond is not required for, and may not DESIGN SERVICES provide coverage for, the portion of a design-build contract that in- ONLY cludes design services only. Education Code 44.036(j) [See CVC for more information on design/build contracts, including bond amounts]

BOND FOR The Board shall ensure that an insurance company that is fulfilling INSURED LOSS its obligation under a contract of insurance by arranging for the replacement of a loss, rather than by making a cash payment directly to the governmental entity, furnishes or has furnished by a contractor: 1. A performance bond for the benefit of the District, as described above; and 2. A payment bond, as described above. If the payment bond is not furnished, the District is subject to the same liability that a surety would have if the surety had issued the payment bond and the District had required the bond to be provided. These bonds shall be furnished before the contractor begins work. It is an implied obligation under a contract of insurance for the insurance company to furnish these bonds.

EXCEPTION TO The requirement that the District secure a performance or payment BOND bond from an insurance company, above, does not apply when a REQUIREMENT surety company is complying with an obligation under a bond that had been issued for the benefit of the District. Gov’t Code 2253.022

OUT-OF-STATE The Board shall not award a contract for general construction, im- BIDDERS provements, services, or public works projects or for purchase of supplies, materials, or equipment to a bidder whose principal place of business is not in this state, unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located. Gov’t Code 2252.001, 2252.002 This requirement shall not apply to a contract involving federal funds. The District shall rely on information published by the comptroller in evaluating the bids of a nonresident bidder. Gov’t Code 2252.003, 2252.004

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FACILITIES CONSTRUCTION CV (LEGAL)

PREVAILING WAGE ON A worker, laborer, or mechanic employed on a public work, exclu- PUBLIC WORKS sive of maintenance work, by or on behalf of the District shall be paid not less than the general prevailing rate of per diem wages. The general prevailing rate of per diem wages is the rate of per diem wages for work of a similar character in the locality in which the work is performed, and also includes the rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for public work with the District. Gov’t Code 2258.001, 2258.021 The Board shall determine, as a sum certain, the general prevailing rate of per diem wages in the District for each craft or type of worker needed to execute the contract and also for legal holiday and overtime work. To ascertain the general prevailing rate of per diem wages, the Board shall either conduct a survey of the wages received by classes of workers, laborers, and mechanics employed on projects of a character similar to the contract work in the District or adopt the prevailing wage rate as determined by the U.S. De- partment of Labor. The Board shall specify the prevailing rate of per diem wages in the call for bids and in the contract itself. The Board’s determination of the general prevailing rates of per diem wages shall be final. Gov’t Code 2258.001, 2258.022

ENFORCEMENT The Board, and an agent or officer of the Board, shall receive complaints regarding violations of the prevailing wage requirements of Chapter 2258, and withhold money from the contractor as required by statute. Upon receipt of a complaint, the Board shall determine, before the 31st day after the date the information is received, whether good cause exists to believe that a contractor or subcontractor has failed to pay the prevailing wage and shall provide written notice of its determination to the contractor or subcontractor and any affected laborer, worker, or mechanic of its initial determination. Gov’t Code 2258.051, 2258.052

RETAINAGE AND The Board shall retain any amounts due under the contract pend- REIMBURSEMENT ing a final determination of the violation. Upon a final determination that violations have occurred, the Board shall use those retained amounts to pay the laborer, worker, or mechanic the difference between the amount the worker received in wages and the amount the worker would have received at the prevailing rate of per diem wages provided in the arbitrator’s award. The Board may adopt rules, orders, or ordinances relating to the manner in which the reimbursement is made. Gov’t Code 2258.052(d), 2258.056

PENALTY FOR The contractor to whom the contract is awarded or any subcontrac- NONCOMPLIANCE tors of the contractor shall pay not less than the specified rates to

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all laborers, workers, and mechanics employed in the execution of the contract. A contractor or subcontractor who fails to pay the specified rates as required shall pay to the District $60 for each worker, laborer, or mechanic employed for each calendar day or part of a calendar day the worker is paid less than the wage rates specified in the contract. The Board must specify this penalty in the contract. If the District does not determine the prevailing wage rates and specify them in the contract, the contractor or subcontractor may not be fined. The Board shall use any penalty money collected to offset the costs incurred in administering Government Code Chapter 2258. Gov’t Code 2258.023

REQUIRED WORKERS’ When the District enters into a building or construction contract on COMPENSATION a project, it shall fulfill the following requirements regarding re- COVERAGE quired workers’ compensation coverages. A project includes the provision of all services related to a building or construction contract for the District. The District shall: 1. Include in the bid specifications all the duties and responsibilities of contractors pertaining to required workers’ compensation coverages. [See CV(EXHIBIT)] 2. As part of the contract, using the language required by 28 TAC 110.110(c)(7), require the contractor to perform the duties and responsibilities pertaining to required workers’ compensation coverages. [See CV(EXHIBIT)] 3. Obtain from the contractor a certificate of coverage for each person providing services on the project, prior to that person’s beginning work on the project. This provision includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracts directly with the contractor and regardless of whether that person has employees. This includes, but is not limited to, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the contract. Services include, but are not limited to, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 4. Obtain from the contractor a new certificate of coverage showing extension of coverage:

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a. Before the end of the coverage period, if the contractor’s current certificate shows that the coverage period ends during the duration of the project; and b. No later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project. 5. Retain certificates of coverage on file for the duration of the project and for three years thereafter. 6. Provide a copy of the certificate of coverage to the Texas De- partment of Insurance upon request and to any person entitled to a copy by law. 7. Use the prescribed language for bid specifications and contracts without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation. [See CV(EXHIBIT) for prescribed language] Labor Code 406.096; 28 TAC 110.110(a)(7)(8), (c)

EXCEPTION This coverage requirement does not apply to sole proprietors or partners of a covered business entity or corporate officers, if the sole proprietor, partner or officer is explicitly excluded from the coverage of their business entity through an endorsement to the insurance policy or certificate of authority to self insure. Labor Code 406.097; 28 TAC 110.110(i)

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FACILITIES CONSTRUCTION CVF JOB ORDER CONTRACTS (LEGAL)

If the District uses the job order contracts method as described in this policy, it must comply with the applicable legal requirements in this policy as well as other applicable legal requirements [see CV(LEGAL)], which include the following steps: 1. SELECTING A CONTRACTING METHOD; 2. Giving PUBLIC NOTICE of the project; 3. Publishing CONTRACT SELECTION CRITERIA; and 4. MAKING EVALUATIONS PUBLIC after the contract is awarded.

Note: Terms in all capital letters, above, point to margin notes in the referenced policy.

The District may award job order contracts for the minor construction, repair, rehabilitation, or alteration of a facility if the work is of a recurring nature, but the delivery times are indefinite and indefinite quantities and orders are awarded substantially on the basis of predescribed and prepriced tasks.

ESTABLISHING UNIT The District may establish contractual unit prices for a job order PRICES contract by: 1. Specifying one or more published construction unit price books and the applicable divisions or line items; or 2. Providing a list of work items and requiring the offerors to bid or propose one or more coefficients or multipliers to be applied to the price book or work items as the price proposal.

TERM OF CONTRACT The base term of a job order contract is for the period, and with any renewal option, that the District sets forth in the request for proposals. If the District fails to advertise that term, the base term may not exceed two years and is not renewable without further advertisement and solicitation of proposals.

ARCHITECT OR If job order contracts or orders issued under the contract require ENGINEER engineering or architectural services that are subject to Occupa- tions Code Title 6, Chapters 1001 or 1051, the District shall select or designate an architect or engineer to prepare the construction documents for the facility. If the architect or engineer is not a full- time employee of the District, the District shall select the architect or engineer on the basis of demonstrated competence and qualifications as provided by Government Code 2254.004. [See CV]

ADVERTISING AND The District shall advertise for [see CV], receive, and publicly open OPENING PROPOSALS sealed proposals for job order contracts. The District may require

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offerors to submit additional information besides rates, including experience, past performance, and proposed personnel and methodology. Education Code 44.041(c), (d)

AWARDING The District may award job order contracts to one or more job order CONTRACTS contractors in connection with each solicitation of bids or proposals. An order for a job or project under the job order contract must be signed by the District’s representative and the contractor. The order may be a fixed-price, lump-sum contract based substantially on contractual unit pricing applied to estimated quantities or may be a unit price order based on the quantities and line items delivered.

BONDS The contractor shall provide payment and performance bonds, if required by law, based on the amount or estimated amount of any order. [See CV for more information on payment and performance bonds] Education Code 44.041

DATE ISSUED: 1/23/2008 2 of 2 UPDATE 82 CVF(LEGAL)-P Please Note: This manual does not have policies in all codes. The coding structure is common to all TASB manuals and is designed to accommodate expansion of both (LEGAL) and (LOCAL) policy topics and administrative regulations.

SECTION D: PERSONNEL

DA EMPLOYMENT OBJECTIVES DAA Equal Employment Opportunity DAB Objective Criteria for Personnel Decisions

DB EMPLOYMENT REQUIREMENTS AND RESTRICTIONS DBA Credentials and Records DBAA Criminal History and Credit Reports DBB Medical Examinations and Communicable Diseases DBD Conflict of Interest DBE Nepotism

DC EMPLOYMENT PRACTICES DCA Probationary Contracts DCB Term Contracts DCC Continuing Contracts DCD At-Will Employment DCE Other Types of Contracts

DE COMPENSATION AND BENEFITS DEA Salaries and Wages DEAA Incentives and Stipends DEB Fringe Benefits DEC Leaves and Absences DED Vacations and Holidays DEE Expense Reimbursement DEG Retirement

DF TERMINATION OF EMPLOYMENT DFA Probationary Contracts DFAA Suspension/Termination During Contract DFAB Termination at End of Year DFAC Return To Probationary Status DFB Term Contracts DFBA Suspension/Termination During Contract DFBB Nonrenewal DFC Continuing Contracts DFCA Suspension/Termination DFD Hearings Before Hearing Examiner DFE Resignation DFF Reduction in Force

DATE ISSUED: 1/23/2008 1 of 2 UPDATE 82 D(LEGAL)-P

Please Note: This manual does not have policies in all codes. The coding structure is common to all TASB manuals and is designed to accommodate expansion of both (LEGAL) and (LOCAL) policy topics and administrative regulations.

SECTION D: PERSONNEL

DG EMPLOYEE RIGHTS AND PRIVILEGES DGA Freedom of Association DGB Personnel-Management Relations DGBA Employee Complaints/Grievances DGC Intellectual Property Rights

DH EMPLOYEE STANDARDS OF CONDUCT DHA Gifts and Solicitations DHE Searches and Alcohol/Drug Testing

DI EMPLOYEE WELFARE DIA Freedom from Harassment

DJ EMPLOYEE RECOGNITION AND AWARDS

DK ASSIGNMENT AND SCHEDULES

DL WORK LOAD DLA Staff Meetings DLB Required Plans and Reports

DM PROFESSIONAL DEVELOPMENT DMA Required Staff Development DMB Career Advancement DMC Continuing Professional Education DMD Professional Meetings and Visitations DME Research and Publication

DN PERFORMANCE APPRAISAL DNA Evaluation of Teachers DNB Evaluation of Other Professional Employees

DP PERSONNEL POSITIONS DPB Substitute, Temporary, and Part-Time Positions

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Humble ISD 101913

EMPLOYMENT REQUIREMENTS AND RESTRICTIONS DBD CONFLICT OF INTEREST (LOCAL)

DISCLOSURE — An employee shall disclose to his or her immediate supervisor a GENERAL STANDARD personal financial interest, a business interest, or any other obligation or relationship that in any way creates a potential conflict of interest with the proper discharge of assigned duties and responsibilities or with the best interest of the District.

SPECIFIC The Superintendent shall file an affidavit with the Board President DISCLOSURES disclosing a substantial interest, as defined by Local Government SUBSTANTIAL Code 171.002, in any business or real property that the Superin- INTEREST tendent or any of his or her relatives in the first degree may have. Any other employee who is in a position to affect a financial decision involving any business entity or real property in which the employee has a substantial interest, as defined by Local Government Code 171.002, shall file an affidavit with the Superintendent; however, the employee shall not be required to file an affidavit for the substantial interest of a relative.

INTEREST IN The Superintendent shall be required to file an affidavit disclosing PROPERTY interest in property in accordance with Government Code 553.002.

CONFLICTS No employee other than the Superintendent shall be required to file DISCLOSURE the conflicts disclosure statement, as promulgated by the Texas STATEMENT Ethics Commission and as specified by Local Government Code 176.003–.004.

ANNUAL FINANCIAL The Superintendent, as the executive officer of the District, shall MANAGEMENT provide to the District in a timely manner information necessary for REPORT the District’s annual financial management report. [See BBFA]

GIFTS No employee shall accept or solicit any gift, favor, service, or other benefit that could reasonably be construed to influence the employee’s discharge of assigned duties and responsibilities, or could be perceived as having been offered because of an existing or potential business relationship. Employees shall disclose any gifts, favors, services, or benefits received with an aggregate value of $100 or more from any one individual over the course of one school year to the District’s director of internal audit. This includes items of food, lodging, transportation, tickets, or business entertainment accepted as a guest. When the employee is in doubt of the value of the gift, he or she should report it to the District’s director of internal audit. If an employee has any questions regarding acceptable conduct or the interpretation of this policy, or if he or she is in doubt about the best course of action in a particular situation, the employee must

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EMPLOYMENT REQUIREMENTS AND RESTRICTIONS DBD CONFLICT OF INTEREST (LOCAL)

seek clarification from his or her supervisor or the District’s director of internal audit. Failure by an employee to disclose gifts pursuant to this policy could result in adverse personnel action against the employee. [See CAA]

ENDORSEMENTS An employee shall not recommend, endorse, or require students to purchase any product, material, or service in which the employee has a financial interest or that is sold by a company that employs or retains the District employee during nonschool hours. No employee shall require students to purchase a specific brand of school supplies if other brands are equal and suitable for the intended instructional purpose.

SALES An employee shall not use his or her position with the District to attempt to sell products or services.

NONSCHOOL An employee shall disclose in writing to his or her immediate su- EMPLOYMENT pervisor any outside employment that in any way creates a potential conflict of interest with the proper discharge of assigned duties and responsibilities or with the best interest of the District.

PRIVATE TUTORING An employee shall disclose in writing to his or her immediate supervisor any private tutoring of District students for pay.

DATE ISSUED: 1/23/2008 ADOPTED: 2 of 2 UPDATE 82 DBD(LOCAL)-X Humble ISD 101913

EMPLOYMENT REQUIREMENTS AND RESTRICTIONS DBE NEPOTISM (LEGAL)

DEFINITION In this policy, the term “appoint” includes appointing, confirming the appointment of, and voting to appoint or confirm the appointment of a person.

NEPOTISM Except as provided by this policy, a public official may not appoint a PROHIBITED person to a position that is to be directly or indirectly compensated from public funds or fees of office if: 1. The person is related to the public official by consanguinity (blood) within the third degree or by affinity (marriage) within the second degree [see below]; or 2. The public official holds the appointment or confirmation authority as a member of a local board and the person is related to another member of the board by blood or marriage within a prohibited degree. Gov’t Code 573.002, 573.041; Atty. Gen. Op. JC-184 (2000)

INDEPENDENT The nepotism law governs the hiring of an individual, whether the CONTRACTOR employee is hired as an individual or an independent contractor. Atty. Gen. Op. DM-76 (1992)

SUPERINTENDENT In a district located wholly in, or whose largest part is located in, a COUNTIES WITH county with a population of 35,000 or more, if, under the employ- POPULATION 35,000 ment policy [see DC], the Board delegates to the Superintendent OR MORE the final authority to select District personnel: 1. The Superintendent is a public official for purposes of the nepotism prohibitions only with respect to a decision made under that delegation of authority; and 2. Each member of the Board remains subject to the nepotism prohibitions with respect to all District employees. For purposes of this provision, a person hired by the District before September 1, 2007, is considered to have been in continuous employment [see CONTINUOUS EMPLOYMENT, below] and is not prohibited from continuing employment with the District subject to the abstention requirements. Education Code 11.1513(f)–(h)

COUNTIES WITH In a district located wholly in, or whose largest part is located in, a POPULATION LESS county with a population of less than 35,000, to the extent the THAN 35,000 Board has delegated final hiring authority to the Superintendent to select personnel [see DC], the Superintendent is a “public official” for purposes of the nepotism laws. Atty. Gen. Op. GA-123 (2003) [See BBFB]

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EMPLOYMENT REQUIREMENTS AND RESTRICTIONS DBE NEPOTISM (LEGAL)

COMPENSATION OF A public official may not approve an account or draw or authorize PROHIBITED the drawing of a warrant or order to pay the compensation of an EMPLOYEE ineligible person if the official knows the person is ineligible. Gov’t Code 573.083

CONSANGUINITY Two persons are related to each other by consanguinity (blood) if one is a descendant of the other or if they share a common ances- tor. An adopted child is considered to be a child of the adoptive parents for this purpose. Gov’t Code 573.022 An individual’s relatives within the third degree by consanguinity are the individual’s: 1. Parent or child (first degree); 2. Brother, sister, grandparent, or grandchild (second degree); and 3. Great-grandparent, great-grandchild, aunt or uncle (who is a sibling of a parent of the person), nephew or niece (who is a child of a brother or sister of the person) (third degree). Gov’t Code 573.023 [See DBE(EXHIBIT)]

HALF-BLOOD There is no distinction under the nepotism statute between half- RELATIVES blood and full-blood relations. Thus, half-blood relationships fall within the same degree as those of the full blood. Atty. Gen. Op. LO-90-30 (1990)

AFFINITY Two persons are related to each other by affinity (marriage) if they are married to each other or if the spouse of one of the persons is related by consanguinity to the other person. The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of the marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives. This provision applies to a Board member or officer of the District only until the youngest child of the marriage reaches the age of 21 years. Gov’t Code 573.024 A husband and wife are related to each other in the first degree by affinity. For other relationships, the degree of affinity is the same as the degree of the underlying relationship by consanguinity. For example, if two persons are related to each other in the second degree by consanguinity, the spouse of one of the persons is related to the other person in the second degree by affinity. A person’s relatives within the second degree by affinity are: 1. The person’s spouse; DATE ISSUED: 1/23/2008 2 of 4 UPDATE 82 DBE(LEGAL)-P Humble ISD 101913

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2. Anyone related by consanguinity to the person’s spouse within the first or second degree; and 3. The spouse of anyone related to the person by consanguinity within the first or second degree. Gov’t Code 573.025

EFFECT OF TRUSTEE All public officers shall continue to perform the duties of their of- RESIGNATION fices until their successors shall be duly qualified, i.e., sworn in. Until the vacancy created by a Trustee’s resignation is filled by a successor, the Trustee continues to serve and have the duties and powers of office, and a relative within a prohibited degree of relationship is barred from employment. Tex. Const., Art. XVI, Sec. 17; Atty. Gen. Ops. JM-636 (1987), DM-2 (1991), O-6259 (1945)

EXCEPTIONS The nepotism prohibitions do not apply to the appointment of a CONTINUOUS person to a position if the person is employed in the position im- EMPLOYMENT mediately before the election or appointment of the public official to (‘GRANDFATHER whom the person is related in a prohibited degree and that prior CLAUSE’) employment is continuous for at least: 1. Thirty days, if the public official is appointed; or 2. Six months, if the public official is elected. Gov’t Code 573.062(a)

RETIREES A teacher who has retired from a full-time, certified teacher position has broken his or her employment with the District and does not qualify for the continuous-employment exception to the nepotism laws. Atty. Gen. Op. JC-442 (2001) For purposes of calculating the appropriate date for the applicability of the continuous-employment exception, a superintendent with final authority to select personnel is an appointed public official. Atty. Gen. Op. GA-177 (2004)

ABSTENTION If an employee continues in a position under this exception, the public official to whom the employee is related in a prohibited degree may not participate in any deliberation or voting on the appointment, reappointment, employment, reemployment, change in status, compensation, or dismissal of the employee, if the action applies only to the employee and is not taken regarding a bona fide class or category of employees. Gov’t Code 573.062(b) A “change in status” includes a reassignment within an organization, whether or not a change in salary level accompanies the reassignment. Atty. Gen. Op. JC-193 (2000)

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EMPLOYMENT REQUIREMENTS AND RESTRICTIONS DBE NEPOTISM (LEGAL)

For an action to be “taken with respect to a bona fide category of employees,” the officeholder’s action must be based on objective criteria, which do not allow for the preference or discretion of the officeholder. Atty. Gen. Op. DM-46 (1991)

SUBSTITUTE The nepotism prohibitions do not apply to appointment or employ- TEACHER ment of a substitute teacher. Gov’t Code 573.061

BUS DRIVER In a district located wholly in, or whose largest part is located in, a COUNTIES WITH county with a population of less than 35,000, the nepotism prohibi- POPULATION tions do not apply to an appointment or employment of a bus LESS THAN driver. Gov’t Code 573.061(4) 35,000 TRADING A public official may not appoint a person to a position in which the person’s services are under the public official’s direction or control and that is to be compensated directly or indirectly from public funds or fees of office if: 1. The person is related to another public official within the prohibited degree; and 2. The appointment would be carried out in whole or in partial consideration for the other public official’s appointing a person who is related to the first public official within a prohibited degree. Gov’t Code 573.044

FEDERAL FUNDS The rules against nepotism apply to employees paid with public funds, regardless of the source of those funds. Thus, the rules apply in the case of a teacher paid with funds from a federal grant. Atty. Gen. L.A. No. 80 (1974)

PENALTIES An individual who violates the nepotism prohibitions shall be removed from his or her position. Gov’t Code 573.081, 573.082. An individual who violates Government Code 573.041 [see NEPO- TISM PROHIBITED], 573.062(b) [see CONTINUOUS EMPLOY- MENT and ABSTENTION, above], or 573.083 [see COMPENSA- TION OF PROHIBITED EMPLOYEE] commits an offense involving official misconduct. Gov’t Code 573.084

DATE ISSUED: 1/23/2008 4 of 4 UPDATE 82 DBE(LEGAL)-P Humble ISD 101913

EMPLOYEE STANDARDS OF CONDUCT DH (LEGAL)

EDUCATOR ETHICS Educators shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom. The State Board for Educator Certification (SBEC) shall provide for the adoption, amendment, and enforcement of an educator’s code of ethics [see DH(EXHIBIT)]. SBEC is solely responsible for en- forcing the ethics code for purposes related to certification disciplinary proceedings. Education Code 21.041(8); 19 TAC 247.1, 247.2

REPORT TO SBEC OF The Superintendent shall promptly notify SBEC in writing by filing a EDUCATOR report with SBEC not later than the seventh day after the Superin- MISCONDUCT tendent first learns about a criminal record or an alleged incident of misconduct, as described at DF, involving a certified educator. The Superintendent shall include the name of a student or minor who is the victim of abuse or unlawful conduct by an educator, but the name of the student or minor is not public information under Government Code, Chapter 552 [see GBAA]. Education Code 21.006; 19 TAC 249.14

PUBLIC SERVANTS All District employees are “public servants” and therefore subject to Title VIII of the Penal Code, regarding offenses against public administration, including restrictions on the acceptance of illegal gifts, honoraria and expenses, and abuse of office. Penal Code 1.07(a)(41), Title VIII [See DBD and BBFA]

TOBACCO USE The Board shall prohibit smoking or using tobacco products at a PROHIBITED school-related or school-sanctioned activity on or off school property.

ENFORCEMENT The Board shall ensure that District personnel enforce the policies on school property. Education Code 38.006(1)(3) [See also FNCD and GKA]

DRUG AND ALCOHOL The Board shall prohibit the use of alcoholic beverages at school- ABUSE PROGRAM related or school-sanctioned activities on or off school property. Education Code 38.007(a) A district that receives a federal grant must agree to provide a drug-free workplace by: 1. Publishing a statement notifying employees of the requirements of the federal Drug-Free Workplace Act (DFWA) and requiring that each employee be given a copy of the statement [see DI(EXHIBIT)];

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EMPLOYEE STANDARDS OF CONDUCT DH (LEGAL)

2. Establishing a drug-free awareness program for employees pursuant to the DFWA; 3. Notifying the granting agency within ten days after receiving notice that an employee has been convicted under a criminal drug statute; 4. Imposing a sanction on an employee who is convicted of such a violation; and 5. Making a good faith effort to continue to maintain a drug-free workplace. 41 U.S.C. 702(a)(1); 49 CFR Part 32 A district that has 15 or more employees shall adopt a policy for elimination of drug abuse and must provide their employees with a copy of the policy on or before the first day of employment. Dis- tricts that comply with the DFWA must amend their policies to include alcoholic beverages. 28 TAC 169.1, 169.2

DIETARY Except as provided at Education Code 38.011(b), a District em- SUPPLEMENTS ployee may not: 1. Knowingly sell, market, or distribute a dietary supplement that contains performance-enhancing compounds to a primary or secondary education student with whom the employee has contact as part of the employee’s duties; or 2. Knowingly endorse or suggest the ingestion, intranasal application, or inhalation of a dietary supplement that contains performance-enhancing compounds by a primary or secondary student with whom the employee has contact as part of the employee’s duties. An employee who violates items 1 or 2, above, commits a Class C misdemeanor offense. Education Code 38.011

DATE ISSUED: 1/23/2008 2 of 2 UPDATE 82 DH(LEGAL)-P Humble ISD 101913

EMPLOYEE STANDARDS OF CONDUCT DHE SEARCHES AND ALCOHOL/DRUG TESTING (LEGAL)

SEARCHES— Citizens, including District employees, have a right to be free from GENERAL RULE unreasonable searches and seizures. U.S. Const. Amendment IV; Tex. Const. Art. I, Sec. 9 The District may search an employee or an employee’s property if: 1. There are reasonable grounds to believe that the search will turn up evidence that the employee is guilty of work-related misconduct; and 2. The search is reasonably related in scope to the circumstances that justified the interference in the first place. O’Connor v. Ortega, 480 U.S. 709 (1987); New Jersey v. T.L.O., 469 U.S. 325 (1985) In addition, the District may search an employee’s workplace for noninvestigatory, work-related purposes, if there are reasonable grounds to believe that the search will turn up evidence that the employee is guilty of work-related misconduct. O’Connor v. Or- tega, 480 U.S. 709 (1987)

DRUG / ALCOHOL Blood, urine, and breath tests of public employees to determine TESTING drug use are searches under the Fourth Amendment of the U.S. Constitution. Skinner v. Railway Labor Executives Ass’n, 489 U.S. 602 (1989)

RANDOM DRUG The District may conduct drug tests, without a warrant and without TESTING individualized suspicion, when the test serves special governmental needs that outweigh the individual’s privacy expectation. Skin- ner v. Railway Labor Executives Ass’n, 489 U.S. 602 (1989); Na- tional Treasury Employees Union v. Von Raab, 489 U.S. 656 (1989)

SAFETY- Random alcohol and drug testing of employees in “safety- SENSITIVE sensitive” positions may be permissible when the intrusiveness of POSITIONS the search is minimal and the Board is able to demonstrate that the drug-testing program furthers its interest in ensuring the physical safety of students. “Safety-sensitive” positions include those that involve the handling of potentially dangerous equipment or hazardous substances in an environment including a large number of children. Aubrey v. Sch. Bd. of LaFayette Parish, 148 F.3d 559 (5th Cir. 1998)

Note: The following testing requirements apply to every employee of the District who operates a commercial motor vehicle and is subject to commercial driver’s license requirements in accordance with federal regulations.

DATE ISSUED: 1/23/2008 1 of 3 UPDATE 82 DHE(LEGAL)-P Humble ISD 101913

EMPLOYEE STANDARDS OF CONDUCT DHE SEARCHES AND ALCOHOL/DRUG TESTING (LEGAL)

TESTING OF DRIVERS The District shall conduct testing, in accordance with federal regulations, of commercial motor vehicle operators for use of alcohol or a controlled substance that violates law or federal regulation. 49 U.S.C. 31.306; 49 CFR Part 382

COMMERCIAL A commercial motor vehicle is defined as a motor vehicle used to MOTOR VEHICLE transport passengers or property that: DEFINED 1. Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or 2. Has a gross vehicle weight rating of 26,001 or more pounds; or 3. Is designed to transport 16 or more passengers, including the driver. 49 CFR 382.107

TESTING The District shall ensure that all alcohol or controlled substances PROCEDURES testing conducted under 49 CFR Part 382 complies with the procedures set forth in 49 CFR Part 40. 49 CFR 382.105

TESTS REQUIRED Required testing includes pre-employment, postaccident, random, reasonable suspicion, return-to-duty, and follow-up testing. No driver shall refuse to submit to a postaccident alcohol or controlled substances test, a random alcohol or controlled substances test, a reasonable suspicion alcohol or controlled substances test, or a return-to-duty or follow-up alcohol or controlled substances test. The District shall not permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions. 49 CFR 382.211, 382.309

EDUCATIONAL The District shall provide educational materials that explain the MATERIALS federal requirements and the District’s policies and procedures with respect to meeting these requirements and shall ensure that a copy of these materials is distributed to each driver before the start of alcohol and controlled substances testing under this policy and to each driver subsequently hired or transferred into a position that requires driving a commercial motor vehicle. Written notice to representatives of employee organizations of the availability of this information shall also be provided. The materials shall include detailed discussion of at least the items listed at 49 CFR 382.601. 49 CFR 382.601

REPORTS A district required by federal safety regulations to conduct alcohol and drug testing of an employee who holds a commercial driver’s license shall report the following information to the Department of Public Safety:

DATE ISSUED: 1/23/2008 2 of 3 UPDATE 82 DHE(LEGAL)-P Humble ISD 101913

EMPLOYEE STANDARDS OF CONDUCT DHE SEARCHES AND ALCOHOL/DRUG TESTING (LEGAL)

1. A valid positive result on an alcohol or drug test and whether the specimen producing the result was a dilute specimen. “Valid positive result” means an alcohol concentration of 0.04 or greater on an alcohol confirmation test, or a result at or above the cutoff concentration levels listed in 49 CFR 40.87 on a confirmation drug test. “Dilute specimen” means a specimen with creatinine and specific gravity values that are lower than expected for human urine. 2. A refusal to provide a specimen for an alcohol or drug test. 3. An adulterated specimen or substituted specimen, as defined at 49 CFR 40.3, on an alcohol or drug test. For purposes of this requirement, the term “employee” includes applicants for employment subject to preemployment testing. Trans. Code 644.251–644.252; 29 CFR 40.3

DATE ISSUED: 1/23/2008 3 of 3 UPDATE 82 DHE(LEGAL)-P Humble ISD 101913

ASSIGNMENT AND SCHEDULES DK (LEGAL)

ASSIGNMENT The District may not employ a person as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor unless the person holds an appropriate certificate or permit. In addition, a public school employee must have the appropriate credentials, as set forth by the State Board for Educator Certification (SBEC), for his or her current assignment, unless the appropriate permit has been issued. Edu- cation Code 21.003; 19 TAC 230.601 [See DBA]

EMERGENCY A superintendent or designee who cannot secure an appropriately PERMITS certified and qualified individual to fill a vacant position may activate an emergency permit for an individual who does not have one of the appropriate credentials for the assignment.

TEMPORARY The District is not required to activate an emergency permit if an VACANCIES uncertified individual is assigned for a certified teacher who will be absent for more than 30 consecutive instructional days due to documented health-related reasons and has expressed the intention to return to the assignment. The District must, however, comply with the parent notification requirements below. 19 TAC 230.501(b), (g)

CURRENT A degreed, certified teacher employed in the previous year or se- EMPLOYEES mester in an assignment for which he or she was fully certified may not be assigned to a position that requires activating an emergency permit unless: 1. The teacher has given written consent to the activation of the permit; or 2. Because of fluctuations in enrollment or changes in course offerings, the teacher’s previous assignment no longer exists and no alternative assignment for which the teacher is fully certified is available on that campus. If a permit is activated for a teacher under these circumstances, the teacher shall be offered the opportunity to return to his or her previous assignment or an alternative assignment for which the teacher is fully certified on that campus as soon as such an assignment is available. If a teacher accepts the assignment, the actual transfer of duties shall occur not later than the beginning of the next academic year. If an emergency permit is activated for a temporary staffing condition within 30 days of the opening of the school year or later during the contract year, the teacher is exempt from the requirement to complete additional coursework or examination requirements for certification for the remainder of the contract year for which the permit is activated. This exemption is not renewable, and a

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ASSIGNMENT AND SCHEDULES DK (LEGAL)

teacher continuing on an emergency permit for a second year must meet the full requirements of an emergency permit. A teacher who refuses to consent to activation of an emergency permit may not be terminated or nonrenewed or otherwise retali- ated against because of the teacher’s refusal to consent to the activation of the permit. However, a teacher’s refusal to consent shall not impair the District’s right to implement a necessary reduction in force or other personnel actions in accordance with local District policy. 19 TAC 230.501(c)

PRINCIPAL’S The principal of a campus shall approve all teacher and staff ap- APPROVAL pointments for the campus from a pool of applicants selected by the District or of applicants who meet the hiring requirements established by the District, based on criteria developed by the principal after informal consultation with the faculty. The Superintendent or designee has final placement authority for a teacher transferred because of enrollment shifts or program changes. Education Code 11.202; Atty. Gen. Op. DM-27 (1991)

TRANSFERS The District’s employment policy may include a provision for providing each current District employee with an opportunity to participate in a process for transferring to another school in or position with the District. Education Code 11.1513(c)(3)

Note: In accordance with Education Code 21.057, the following notice requirements do not apply if a school is required by the No Child Left Behind Act of 2001 to provide notice to a parent or guardian regarding a teacher who is not highly qualified, provided the school gives notice as required by that Act. [See DBA]

PARENT If the District assigns an inappropriately certified or uncertified NOTIFICATION teacher (as defined below) to the same classroom for more than 30 consecutive instructional days during the same school year, it shall provide written notice of the assignment to the parents or guardi- ans of each student in that classroom. The Superintendent shall provide the notice not later than the 30th instructional day after the date of the assignment of the inappropriately certified or uncertified teacher. The District shall make a good-faith effort to ensure that the notice is provided in a bilingual form to any parent or guardian whose primary language is not Eng- lish. The District shall retain a copy of the notice and make information relating to teacher certification available to the public on request.

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ASSIGNMENT AND SCHEDULES DK (LEGAL)

INAPPROPRIATELY An “inappropriately certified or uncertified teacher” includes an in- CERTIFIED OR dividual serving on an emergency certificate or an individual who UNCERTIFIED does not hold any certificate or permit. It does not include an indi- TEACHER vidual who is: 1. Certified and assigned to teach a class or classes outside his or her area of certification, as determined by SBEC rules; 2. Serving on a certificate issued due to a hearing impairment; 3. Serving on a certificate issued pursuant to enrollment in an approved alternative certification program; 4. Certified by another state or country and serving on a certificate issued under Education Code 21.052; 5. Serving on a school district teaching permit; or 6. Employed under a waiver granted by the Commissioner. Education Code 21.057; 19 TAC 230.601

DATE ISSUED: 1/23/2008 3 of 3 UPDATE 82 DK(LEGAL)-P Humble ISD 101913

ACADEMIC ACHIEVEMENT EIF GRADUATION (LEGAL)

A student may graduate and receive a diploma only if the student successfully completes: 1. The curriculum requirements identified by the State Board of Education [see STATE GRADUATION REQUIREMENTS, below] and has performed satisfactorily on the exit-level assessments [see EKB]; or 2. An individualized education program (IEP) developed under Education Code 29.005. [See EHBAB] Education Code 28.025(c); 19 TAC 101.4001(a)

POSTHUMOUS Beginning with students enrolled in grade 12 during the 2005–06 DIPLOMA school year, and on request of the student’s parent, the District shall issue a high school diploma posthumously to a student who died while enrolled in the District at grade level 12, provided that the student was academically on track at the time of death to receive a diploma at the end of the school year in which the student died. “School year” includes any summer session following the spring semester.

EXCEPTION The District is not required to issue a posthumous diploma if the student was convicted of a felony offense under Title 5 or 6, Penal Code, or adjudicated as having engaged in conduct constituting a felony offense under Title 5 or 6, Penal Code. Education Code 28.0254

DIPLOMA / Graduates of each high school are awarded the same type of di- TRANSCRIPT / ploma. The academic achievement record (transcript), rather than CERTIFICATE OF the diploma, records individual accomplishments, achievements, COURSEWORK and courses completed and displays appropriate graduation seals. COMPLETION 19 TAC 74.41(a), 74.51(a), 74.61(a) [See EI for provisions regarding certificate of coursework completion]

SPECIAL A student receiving special education services who successfully EDUCATION completes the requirements of his or her IEP shall receive a high STUDENTS school diploma. 19 TAC 101.7(c)

PERSONAL A principal shall designate a guidance counselor, teacher, or other GRADUATION appropriate individual to develop and administer a personal PLAN (PGP) graduation plan (PGP) for each student enrolled in a junior high, middle, or high school who: 1. Does not perform satisfactorily on a state assessment instrument; or 2. Is not likely to receive a high school diploma before the fifth school year following the student’s enrollment in grade level nine, as determined by the District.

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ACADEMIC ACHIEVEMENT EIF GRADUATION (LEGAL)

A PGP must: 1. Identify educational goals for the student; 2. Include diagnostic information, appropriate monitoring and intervention, and other evaluation strategies; 3. Include an intensive instruction program described in Educa- tion Code 28.0213 [see EHBC]; 4. Address participation of the student’s parent or guardian, including consideration of the parent’s or guardian’s educational expectations for the student; and 5. Provide innovative methods to promote the student’s advancement, including flexible scheduling, alternative learning environments, online instruction, and other interventions that are proven to accelerate the learning process and have been scientifically validated to improve learning and cognitive ability. A student’s IEP developed under Education Code 29.005 [see EHBAB] may be used as the student’s PGP. In addition, the District is encouraged to establish for each student entering grade nine a PGP that identifies a course of study that: 1. Promotes college and workforce readiness; 2. Promotes career placement and advancement; and 3. Facilitates the student’s transition from secondary to postsecondary education. Education Code 28.0212

EARLY GRADUATION A parent is entitled to request, with the expectation that the request will not be unreasonably denied, that the parent’s child be permitted to graduate from high school earlier than the child would normally graduate, if the child completes each course required for graduation. The decision of the Board concerning the request is final and may not be appealed. Education Code 26.003(a)(3)(C), 26.003(b) [See FMH, FNG]

STATE GRADUATION All credit for graduation must be earned no later than grade 12. REQUIREMENTS 19 TAC 74.41(b), 74.51(b), 74.61(b)

Note: For current state graduation requirements, see http://www.tea.state.tx.us/rules/tac/chapter074/index.html.

DATE ISSUED: 1/23/2008 2 of 5 UPDATE 82 EIF(LEGAL)-P Humble ISD 101913

ACADEMIC ACHIEVEMENT EIF GRADUATION (LEGAL)

NINTH GRADERS IN A student entering grade 9 in the 2001–02, 2002–03, or 2003–04 2001–02 THROUGH school year must complete the requirements of the Minimum High 2003–04 School Program, the Recommended High School Program, or the Advanced/Distinguished Achievement High School Program. 19 TAC 74.41(c), 74.42–.44

NINTH GRADERS IN The District shall ensure that each student entering the ninth grade 2004–05 AND in the 2004–05 school year and thereafter enrolls in the courses THEREAFTER necessary to complete the Recommended or Advanced/ Distinguished Achievement High School Program unless the student, the student’s parent or other person standing in parental relation to the student, and a school counselor or school administrator agree that the student should be permitted to take courses under the Minimum High School Program. Education Code 28.025(b); 19 TAC 74.51(d), 74.52.–.54, 74.61(c)

MINIMUM HIGH A student must earn at least 22 credits to complete the Minimum SCHOOL PROGRAM High School Program. A student must demonstrate proficiency in the program requirements listed at 19 TAC 74.11. 19 TAC 74.42, 74.52

RECOMMENDED A student entering grade 9 in the 2007–08 school year or thereafter HIGH SCHOOL must earn at least 26 credits to complete the Recommended High PROGRAM School Program. A student must demonstrate proficiency in the program requirements listed at 19 TAC 74.63. 19 TAC 74.63

ADVANCED / A student entering grade 9 in the 2007–08 school year or thereafter DISTINGUISHED must earn at least 26 credits to complete the Advanced/ ACHIEVEMENT Distinguished Achievement High School Program. A student must HIGH SCHOOL demonstrate proficiency in the program requirements listed at 19 PROGRAM TAC 74.64. 19 TAC 74.64

SUBSTITUTIONS No substitutions are allowed for high school graduation requirements in the Recommended and Advanced/Distinguished Achievement High School Programs, except as provided by State Board rule. 19 TAC 74.43(d), 74.44(e), 74.53(d), 74.54(e)

AP OR IB COURSES College Board Advanced Placement and International Baccalaure- ate courses may be substituted for required courses in appropriate areas. These courses may be used as electives in all three high school graduation programs. 19 TAC 74.41(g), 74.51(h)

READING The District may offer a maximum of 3 credits of reading for state graduation elective credit for identified students if the District: 1. Adopts policies to identify students in need of additional reading instruction;

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ACADEMIC ACHIEVEMENT EIF GRADUATION (LEGAL)

2. Has procedures that include assessment of individual student needs and ongoing evaluation of each student’s progress; and 3. Monitors instructional activities to ensure that student needs are addressed. Reading credits may be selected from Reading I, II, or III. 19 TAC 74.41(d), 74.51(e), 74.61(e)

PHYSICAL The Board may allow a student to substitute certain physical activi- EDUCATION ties for the one and one-half required credits of physical education, SUBSTITUTIONS including the one-half credit of Foundations of Personal Fitness. The substitutions must be based on the physical activity involved in drill team, marching band, and cheerleading during the fall semester; Junior Reserve Officer Training Corps (JROTC); athletics; Dance I–IV; and two- or three-credit career and technology work- based training courses. 19 TAC 74.11(d)(7)(A)

PRIVATE OR In accordance with local District policy, the Board may award up to COMMERCIALLY 2 credits for physical education for appropriate private or commer- SPONSORED cially sponsored physical activity programs conducted either on or PHYSICAL ACTIVITY off campus. The District must apply to the Commissioner for ap- PROGRAMS proval of such programs, which may be substituted for state graduation credit in physical education. 19 TAC 74.52(b)(7)(C), 74.53(b)(7)(C), 74.54(b)(7)(C), 74.63(b)(7), 74.64(b)(7)

TRANSFERS FROM Out-of-state or out-of-country transfer students (including foreign OUT-OF-STATE OR exchange students) and transfer students from Texas nonpublic NONPUBLIC SCHOOLS schools are eligible to receive Texas diplomas but shall complete all applicable high school graduation requirements. Any course credits required for graduation that are not completed before enrollment may be satisfied through credit by examination, correspondence courses, distance learning, or completing the course, according to the provisions of 19 TAC 74.26. 19 TAC 74.11(f), 74.51(f), 74.61(f) [See EEJA, EEJB, EEJC, EHDE, and EI]

GRADUATION OF A student receiving special education services may graduate and SPECIAL EDUCATION be awarded a high school diploma if the student has satisfactorily STUDENTS completed the state’s or District’s (whichever is greater) minimum COMPLETION OF curriculum and credit requirements for graduation applicable to GENERAL students in general education and: EDUCATION REQUIREMENTS 1. Performed satisfactorily on the exit-level assessment instrument; or 2. Been exempted from the exit-level assessment instrument under Education Code 39.027(a)(2)(B).

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ACADEMIC ACHIEVEMENT EIF GRADUATION (LEGAL)

COMPLETION OF A student receiving special education services may also graduate IEP and receive a regular high school diploma when the student’s admission, review, and dismissal (ARD) committee has determined that the student has successfully completed: 1. The student’s IEP and met one of the conditions listed at 19 TAC 89.1070(c)(1) regarding employability, self-help skills, or access to continued services; 2. The state’s or District’s (whichever is greater) minimum credit requirements for students without disabilities; and 3. The state’s or District’s minimum curriculum requirements to the extent possible with modifications/substitutions only when it is determined necessary by the ARD committee for the student to receive an appropriate education.

EVALUATION The student shall be evaluated before graduation as required by 34 CFR 300.534(c) and the ARD committee shall consider the evaluation, the views of the parent and/or student as appropriate, and, when appropriate, seek in writing and consider written recommendations from adult service agencies. Students who participate in graduation ceremonies but who are not graduating and who will remain in school to complete their education do not have to be evaluated. In addition, the ARD committee shall determine needed educational services upon the request of the student or parent to resume services, as long as the student meets the age eligibility requirements.

AGING OUT A student receiving special education services may also graduate and receive a regular high school diploma upon the ARD committee’s determination that the student no longer meets age eligibility requirements and has completed the requirements specified in the IEP. 19 TAC 89.1070

DATE ISSUED: 1/23/2008 5 of 5 UPDATE 82 EIF(LEGAL)-P Humble ISD 101913

TESTING PROGRAMS EK (LEGAL)

LOCAL ACHIEVEMENT In addition to the state-administered assessment instruments, the TESTING District may adopt and administer criterion-referenced or norm- referenced assessment instruments, or both, at any grade level. A locally adopted norm-referenced assessment instrument must be economical, nationally recognized, and state-approved. For purposes of this provision, “assessment instrument” means a District-commissioned achievement test, either nationally normed or criterion-referenced, that is group administered and reported publicly (such as to the Board) in the aggregate. A company or organization scoring an assessment instrument shall send test results to the District for verification. The District shall have 90 days to verify the accuracy of test data and report the results to the Board. The company or organization shall provide test results in electronic form to the District and to TEA. If the District develops its own assessment instrument, it must report the results in electronic form to TEA. The District shall follow procedures for test security and confidentiality set forth in 19 TAC Chapter 101, Subchapter C. [See EKB] The District may not use the same form of an assessment instrument for more than three years. Education Code 39.026, 39.032; 19 TAC 101.101 In any subject area for which a state assessment is administered, the District may not administer District-required assessments to any student on more than 10 percent of the instructional days in any school year. This prohibition does not apply to the administration of college preparation assessments, advanced placement tests, international baccalaureate examinations, or state assessments. Education Code 39.0262

COLLEGE The following provisions apply only if the legislature appropriates PREPARATION funds for these purposes. ASSESSMENTS Each school year, and at state cost, the District shall administer an established, valid, reliable, and nationally norm-referenced preliminary college preparation assessment instrument: 1. To students in the spring of the eighth grade, for the purpose of diagnosing the academic strengths and deficiencies of students before entrance into high school; and 2. To students in the tenth grade, for the purpose of measuring a student's progress toward readiness for college and the workplace.

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TESTING PROGRAMS EK (LEGAL)

High school students, in the spring of the eleventh grade or during the twelfth grade, may select and take once, at state cost, one of the valid, reliable, and nationally norm-referenced assessment instruments used by colleges and universities as part of their under- graduate admissions processes. A high school student is not prohibited from taking a test more than once, at the student’s own expense. TEA shall: 1. Select and approve vendors of the specific assessment instruments administered under this section; and 2. Pay all fees associated with the administration of the assessment instrument, and the Commissioner shall reduce the total amount of state funds allocated to the District from any source in the same manner described for a reduction in allotments under Education Code 42.253. Education Code 39.0261

HOME-SCHOOLED The following provisions apply to a home-schooled student entitled STUDENTS under Education Code 25.001 to attend school in the District. The District shall permit a home-schooled student to participate in an administration of the PSAT/NMSQT or a college advanced placement test offered by the District. “Home-schooled student” means a student who predominantly receives instruction in a general elementary or secondary education program that is provided by the parent, or a person standing in parental authority, in or through the child’s home.

FEES The District shall require a home-schooled student to pay the same fee to participate in such a test that a student enrolled in the District is required to pay.

NOTICE The District shall post on an Internet Web site maintained by the District the date the PSAT/NMSQT will be administered and the date any college advanced placement tests will be administered. The notice must state that the PSAT/NMSQT or the advanced placement test is available for home-schooled students eligible to attend school in the District and describe the procedures for a home-schooled student to register for the test. A district that does not maintain an Internet Web site must publish the notice in a newspaper in the District. If a newspaper is not published in the District, the District shall provide for the publication of notice in at least one newspaper in the county in which the Dis- trict’s central administrative office is located.

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TESTING PROGRAMS EK (LEGAL)

The required notice must be posted or published at the same time and with the same frequency with which the information is provided to a student who attends a District school. Education Code 29.916

DATE ISSUED: 1/23/2008 3 of 3 UPDATE 82 EK(LEGAL)-P Humble ISD 101913

TESTING PROGRAMS EKB STATE ASSESSMENT (LEGAL)

STATE ASSESSMENT Every student receiving instruction in the essential knowledge and OF ACADEMIC SKILLS skills shall take the appropriate criterion-referenced tests, as required by Education Code 39.023(a), (b), (c), (l), and 39.027(e) [see ALL STUDENTS, below]. Education Code 39.023(a), (c), (f); 19 TAC 101.5(a) To be eligible to receive a high school diploma, a nonexempt student must demonstrate satisfactory performance on the exit-level test [see EXIT-LEVEL TESTING, below]. Education Code 39.025(b); 19 TAC 101.7(a)

ADMINISTRATION The District shall follow the test administration procedures established by TEA in the applicable test administration materials. The Superintendent shall be responsible for: 1. Administering tests; 2. Maintaining the integrity of the test administration process; and 3. Ensuring that every test administrator receives at least annual training in these procedures as provided by TEA through the education service centers. 19 TAC 101.25, 101.27

SCHEDULE The Commissioner shall specify the schedule for testing. Participa- tion in University Interscholastic League (UIL) area, regional, or state competitions is prohibited on any days on which testing is scheduled between Monday and Thursday of the school week in which the primary administration of assessment instruments occurs. The Commissioner may provide alternate dates for the administration of tests required for a high school diploma to students who are migratory children and who are out of the state. 19 TAC 101.25

ALTERNATE The Commissioner shall consider requests from districts or cam- TEST DATES puses for alternate test dates on a case-by-case basis. Alternate test dates will only be allowed if the campus or District is closed on the day on which testing is scheduled or if there is an exceptional circumstance, defined below, that may affect a District’s or campus’s ability to administer an assessment or the students’ performance on the assessment. “Exceptional circumstances” include: 1. Inclement weather or natural disasters that would cause the District or campus to be closed or that would cause a small

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TESTING PROGRAMS EKB STATE ASSESSMENT (LEGAL)

percentage of students to be in attendance on the day testing is scheduled; 2. Health epidemics that result in a large number of students being absent on the day of testing; 3. Death of a student or school official that may impact student performance; and 4. Sudden emergencies that occur on the day of testing or shortly before testing that may inhibit students from completing the assessments, such as a fire on campus, a bomb threat, an extended power outage, or a water main break. If an alternate test date for primary test administration is approved, the Commissioner may prohibit the District or campus from participating in UIL competition on the new test date if that is determined to be in the best interest of the District, campus, and students. 19 TAC 101.5003

NOTICE TO PARENTS The Superintendent shall be responsible for providing written no- AND STUDENTS tice to each student and the student’s parent or guardian of:

GRADE 1. The testing requirements for grade advancement [see EIE] ADVANCEMENT and the dates, times, and locations of testing. TESTING Notice of testing requirements shall be provided no later than the beginning of the student’s kindergarten year, for students attending kindergarten in the District, and no later than the beginning of the student’s first-grade year for all other students. The Superintendent shall also provide such notice for students in grades 1–8 who are new to the District.

GRADUATION 2. The testing requirements for graduation and the dates, times, TESTING and locations of testing. Notice of testing requirements shall be provided no later than the beginning of the student’s seventh-grade year. The Su- perintendent shall also provide such notice for students in grades 7–12 who are new to the District. Notice of the dates, times, and locations of testing shall be provided to each student who will take the tests and to out-of-school individuals. 19 TAC 101.13

ALL STUDENTS All students, except students who are exempt, shall be assessed in: 1. Mathematics, annually in grades 3 through 7 without the aid of technology and in grades 8 through 11 with the aid of technology on any assessment instruments that include algebra; DATE ISSUED: 1/23/2008 2 of 10 UPDATE 82 EKB(LEGAL)-P Humble ISD 101913

TESTING PROGRAMS EKB STATE ASSESSMENT (LEGAL)

2. Reading, annually in grades 3–9; 3. Writing, including spelling and grammar, in grades 4 and 7; 4. English language arts in grade 10; 5. Social studies in grades 8 and 10; and 6. Science in grades 5, 8, and 10. Education Code 39.023(a)

ACCOMMODATIONS Testing accommodations are permitted for any student unless they would make a particular test invalid. Decisions regarding testing accommodations shall take into consideration the needs of the student and the accommodations the student routinely receives in classroom instruction. Permissible testing accommodations shall be described in the appropriate test administration materials. The committee established by the Board to determine the placement of students with dyslexia or related disorders shall determine whether any allowable modification is necessary in administering an assessment to such a student. For a student receiving special education services, the admission, review, and dismissal (ARD) committee shall determine the allowable accommodations and shall document them in the student’s individualized education program (IEP). 19 TAC 101.29; Education Code 39.023(n)

EXIT-LEVEL TESTING A student may not receive a high school diploma until the student has performed satisfactorily on the secondary TAKS exit-level assessment for English language arts, mathematics, social studies, and science. A foreign exchange student who has waived in writing his or her intention to receive a Texas high school diploma may be excused from the exit-level testing requirement. Education Code 39.025(a); 19 TAC 101.5(e)

IMPLEMENTATION A student shall not be required to demonstrate performance on SCHEDULE exit-level tests at a standard higher than the one in effect when the student was first eligible to take the test. Students who were enrolled in grade 8 or a lower grade on Janu- ary 1, 2001, must fulfill testing requirements for graduation with the exit-level Texas Assessment of Knowledge and Skills (TAKS) tests. 19 TAC 101.7(a), 101.3003

ALTERNATIVE An eligible student who has met the passing standard on a state- ASSESSMENTS approved alternative assessment instrument, as set forth at 19 TAC 101.4001, in a particular area has satisfied the exit-level testing requirement in that subject area.

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TESTING PROGRAMS EKB STATE ASSESSMENT (LEGAL)

A student is eligible to substitute an alternative exit-level assessment for a TAKS exit-level assessment if the student, after Janu- ary 1 of the year in which the student would otherwise be eligible to graduate: 1. Enrolls in a public school in Texas for the first time; or 2. Enrolls in a public school in Texas after an absence of at least four years from any public school in the state. A student meets this requirement if the student has not been enrolled for one or more days in a public school in Texas in the four years preceding the date on which the student enrolls.

VERIFICATION OF An eligible student is responsible for providing the District an offi- ELIGIBILITY cial copy of the student’s scores from the alternative assessment. Each district shall be responsible for verifying a student’s eligibility for the alternative exit-level assessment. Upon receipt of official results of an approved alternative exit-level assessment, the Dis- trict must: 1. Verify the student’s score on the alternative assessment; and 2. Determine whether the student met the performance standard required to qualify for a public high school diploma in Texas as established by the Commissioner. 19 TAC 101.4001, 101.4003, 101.4005

RETAKES An eligible student or out-of-school individual who has not met graduation requirements may retest on a schedule determined by the Commissioner. A student who has been denied a diploma because the student failed to meet standards of performance on any sections of the instrument may retake the sections each time the instrument is administered. Education Code 39.025(b); 19 TAC 101.7(a)(2), (d)

SPECIAL EDUCATION A student may be exempted from the administration of state assessments, including exit-level exams, if the student is eligible for special education services and: 1. The student’s IEP does not include instruction in the essential knowledge and skills at any grade level; or 2. The assessment instrument, even with allowable modifications, would not provide an appropriate measure of the student’s achievement as determined by the student’s ARD committee. Education Code 39.027(a)(1), (2)

DATE ISSUED: 1/23/2008 4 of 10 UPDATE 82 EKB(LEGAL)-P Humble ISD 101913

TESTING PROGRAMS EKB STATE ASSESSMENT (LEGAL)

Each exempt student shall take an appropriate locally selected assessment, as determined by the student’s ARD committee, in accordance with procedures developed by TEA. Student performance results on these alternate assessments must be reported to TEA. 19 TAC 101.5(c)

LIMITED ENGLISH In grades 3–12, an LEP student, as defined by Education Code PROFICIENCY (LEP) Chapter 29, Subchapter B, shall participate in the state assess- STUDENTS ment in accordance with Commissioner’s rules at 19 TAC Chapter 101, subchapter AA. 19 TAC 101.5(d)

LANGUAGE The language proficiency assessment committee (LPAC) [see PROFICIENCY EHBE] shall select the appropriate assessment option for each ASSESSMENT LEP student. Assessment decisions must be made on an individ- COMMITTEE (LPAC) ual student basis in accordance with administrative procedures established by TEA. The LPAC must document the reason for any postponement or exemption in the student’s permanent record file. The District shall make a reasonable effort to determine a student’s previous testing history. 19 TAC 101.1003

ENGLISH In kindergarten through grade 12, LEP students shall be adminis- LANGUAGE tered state-identified English language proficiency assessments PROFICIENCY annually in listening, speaking, reading, and writing to fulfill the TESTS state requirements for the assessment and federal requirements under the No Child Left Behind Act. 19 TAC 101.1001

EXEMPTIONS An LEP student may be exempted from the administration of the state assessment: 1. For up to one year if the student has not demonstrated proficiency in English as determined by the assessment system developed to evaluate academic progress of an LEP student; or 2. For an additional two years if the student received the one year exemption and is a recent unschooled immigrant or is in a grade for which no assessment instrument in the primary language of the student is available. “Recent unschooled immigrant” means an immigrant who initially enrolled in a school in the United States not more than 12 months before the date of the administration of an assessment and who, as a result of inadequate schooling outside of the United States, lacks the necessary foundation in the essential knowledge and skills of the curriculum determined by the LPAC. [See IMMIGRANT STUDENTS, below] Education Code 39.027(a)(3), (4), (g)

DATE ISSUED: 1/23/2008 5 of 10 UPDATE 82 EKB(LEGAL)-P Humble ISD 101913

TESTING PROGRAMS EKB STATE ASSESSMENT (LEGAL)

An LEP student who is exempt from the administration of an assessment who achieves reading proficiency in English as determined by the assessment system shall be administered the appropriate assessment. Education Code 39.027(e)

LEP STUDENTS AT LEP students are not eligible for an exemption from the exit-level THE EXIT LEVEL assessment on the basis of limited English proficiency. However, LEP students who are recent immigrants may postpone one time the initial administration of the exit-level test. “Recent immigrant” means an immigrant who first enrolls in U.S. schools no more than 12 months before the administration of the test from which the postponement is sought. 19 TAC 101.1005

LEP STUDENTS AT Each LEP student whose primary language is Spanish, other than OTHER GRADES a student eligible for special education services, may be assessed TESTING IN using assessment instruments in Spanish. In grades 3–6, the SPANISH LPAC shall determine whether an LEP student is administered the state assessment in English or in Spanish. An LEP student may be administered a Spanish version of the assessment for a maximum of three years. If the LEP student is an immigrant, the number of LEP exemptions and administrations of the assessment in Spanish must not exceed three. The District may administer the assessment in Spanish to a student who is not identified as LEP but who participates in a two-way bilingual program if the LPAC determines the assessment in Span- ish is the most appropriate measure of the student’s academic progress. The student may not be administered the Spanish-version assessment for longer than three years. Education Code 39.023(l), (m); 19 TAC 101.1007

IMMIGRANT Certain immigrant LEP students who have had inadequate school- STUDENTS ing outside the U.S. may be eligible for an exemption from the assessment during a period not to exceed their first three school years of enrollment in U.S. schools. “Immigrant” is defined as a student who has resided outside the 50 United States for at least two consecutive years. 1. During the first school year of enrollment, the immigrant student may be granted an exemption if the LPAC determines that the student has not had the schooling outside the U.S. necessary to provide the foundation of learning that Texas schools require and measure on the assessment, whether the foundation be in knowledge of the English language or specific academic skills and concepts in the subjects assessed. 2. An immigrant LEP student who achieves a rating of advanced high on the state-administered reading proficiency tests in

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TESTING PROGRAMS EKB STATE ASSESSMENT (LEGAL)

English during the student’s first school year of enrollment in U.S. schools is not eligible for an exemption in the second or third school year of enrollment in U.S. schools. An immigrant LEP student who achieves a rating of advanced or advanced high on this assessment during the student’s second school year of enrollment in U.S. schools is not eligible for an exemption in the third school year of enrollment in U.S. schools. 3. During the second and third school year of enrollment in U.S. schools, the immigrant student whose schooling outside the U.S. was inadequate and for whom a primary language assessment is not available may be granted an LEP exemption if the LPAC determines that the student lacks the academic language proficiency in English necessary for an assessment in English to measure the student’s academic progress in a valid, reliable manner. 4. During the second and third school year of enrollment in U.S. schools, the immigrant student whose schooling outside the U.S. was inadequate and for whom a Spanish-version assessment is available is not eligible for an LEP exemption and must take the assessment in either English or Spanish unless: a. The student is in an English as a second language program that does not call for instruction in Spanish and the LPAC determines that the student lacks the language proficiency in English and the academic instruction and/or literacy in Spanish for the assessment in either English or Spanish to measure the student’s academic progress in a valid, reliable manner; or b. The student is in a bilingual education program and the LPAC has documentation, including signed verification by the parent or guardian whenever possible, that there was an extensive period of time outside the U.S. in which the student did not attend school and that this absence of schooling resulted in such limited academic achievement and/or literacy that assessment in either English or Spanish is inappropriate as a measure for school accountability. The term “extensive period of time outside the U.S.,” as used in this paragraph, shall be defined in the test administration materials. Students exempted under the above provisions shall be administered assessments in subjects and grades required by federal law and regulations as delineated in the test administration materials. Exempt students assessed only for federal accountability purposes shall not be subject to the grade advancement requirements under the Student Success Initiative [see EIE]. DATE ISSUED: 1/23/2008 7 of 10 UPDATE 82 EKB(LEGAL)-P Humble ISD 101913

TESTING PROGRAMS EKB STATE ASSESSMENT (LEGAL)

An LEP student whose parent or guardian has declined bilingual education/ESL services is not eligible for an exemption. The student shall take the assessments in English and the English Lan- guage Proficiency Assessments. 19 TAC 101.1007

LEP STUDENTS Decisions regarding the selection of assessments for LEP students IN SPECIAL who receive special education services shall be made by the ARD EDUCATION committee, which includes a member of the LPAC to ensure that issues related to the student’s language proficiency are duly considered. 19 TAC 1001.1009(a) An LEP student who receives special education services may be exempted from the English language proficiency assessments only if the ARD committee determines that these assessments cannot provide a meaningful measure of the student’s annual growth in English language proficiency for reasons associated with the student’s disability. 19 TAC 101.1009(c) The provisions at LEP STUDENTS AT OTHER GRADES apply to the assessment and the state-developed alternative assessment. 19 TAC 101.1009(d) An LEP student who receives special education services and whose parent or guardian has declined bilingual services is not eligible for an exemption on the basis of limited English proficiency. 19 TAC 101.1009(e)

REPORTING RESULTS Overall student performance data, aggregated by ethnicity, sex, TO THE PUBLIC grade level, subject area, campus, and district, shall be made available to the public, with appropriate interpretations, at regularly scheduled meetings of the Board, after receipt from TEA. The information shall not contain the names of individual students or teachers. Education Code 39.030(b)

TO THE BOARD The Superintendent shall accurately report all test results with appropriate interpretations to the Board according to the schedule in the applicable test administration materials.

TO PARENTS AND The District shall notify each of its students and his or her parent or STUDENTS guardian of test results, observing confidentiality requirements stated at CONFIDENTIALITY. All test results shall be included in each student’s academic achievement record and shall be furnished for each student transferring to another district or school. [See BQ series, FD, and FL] 19 TAC 101.81; No Child Left Behind Act, 20 U.S.C. 6311(h)(6)

DATE ISSUED: 1/23/2008 8 of 10 UPDATE 82 EKB(LEGAL)-P Humble ISD 101913

TESTING PROGRAMS EKB STATE ASSESSMENT (LEGAL)

PARENTAL ACCESS A parent is entitled to access to a copy of each state assessment instrument administered to the parent’s child. This right of access does not apply, however, to those instruments or particular questions that are being field-tested by TEA. Education Code 26.005, 26.006(a)(2)

SECURITY The statewide assessment program is a secure testing program. Procedures for maintaining security shall be specified in the appropriate test administration materials. Secure test materials must be accounted for before, during, and after each test administration. Only authorized personnel may have access to secure test materials. 19 TAC 101.61

CONFIDENTIALITY The contents of each test booklet and answer document are confidential in accordance with state and federal law. Individual student performance results are confidential and may be released only in accordance with the Family Education Rights and Privacy Act of 1974. Education Code 39.030(b); 19 TAC 101.63 [See FL and GBA]

PENALTIES Violation of security or confidential integrity of any test shall be prohibited. A person who engages in prohibited conduct may be subject to sanction of credentials. Procedures for maintaining the security and confidential integrity of a test shall be specified in the appropriate test administration materials. Conduct that violates the security and confidential integrity of a test is defined as any departure from the test administration procedures established by the Commissioner. Conduct of this nature may include the following acts and omissions: 1. Duplicating secure examination materials; 2. Disclosing the contents of any portion of a secure test; 3. Providing, suggesting, or indicating to an examinee a response or answer to a secure test item or prompt; 4. Changing or altering a response or answer of an examinee to a secure test item or prompt; 5. Aiding or assisting an examinee with a response or answer to a secure test item or prompt; 6. Encouraging or assisting an individual to engage in the conduct described in 1–5 above; or 7. Failing to report to an appropriate authority that an individual has engaged in conduct outlined in 1–6 above.

DATE ISSUED: 1/23/2008 9 of 10 UPDATE 82 EKB(LEGAL)-P Humble ISD 101913

TESTING PROGRAMS EKB STATE ASSESSMENT (LEGAL)

Any person who violates, assists in the violation of, or solicits another to violate or assist in the violation of test security or confidential integrity, and any person who fails to report such a violation are subject to the following penalties: 1. Placement of restrictions on the issuance, renewal, or holding of a Texas teacher certificate, either indefinitely or for a set term; 2. Issuance of an inscribed or non-inscribed reprimand; 3. Suspension of a Texas teacher certificate for a set term; or 4. Revocation or cancellation of a Texas teacher certificate without opportunity for reapplication for a set term or permanently. Any irregularities in test security or confidential integrity may also result in the invalidation of student results. The Superintendent and campus principal shall develop procedures to ensure the security and confidential integrity of the tests and shall be responsible for notifying TEA in writing of conduct that violates the security or confidential integrity of a test. Failure to report can subject the person responsible to the applicable penalties specified above. 19 TAC 101.65

DATE ISSUED: 1/23/2008 10 of 10 UPDATE 82 EKB(LEGAL)-P Humble ISD 101913

ATTENDANCE FEA COMPULSORY ATTENDANCE (LEGAL)

GENERAL RULE Students who are at least six years of age, or who have been previously enrolled in first grade, and who have not yet reached their eighteenth birthday shall attend school for the entire period the program is offered, unless exempted as indicated below. Students enrolled in prekindergarten or kindergarten shall attend school.

STUDENTS 18 AND A person who voluntarily enrolls in school or voluntarily attends OVER school after the person’s eighteenth birthday shall attend school each school day for the entire period the program of instruction is offered. The District may revoke for the remainder of the school year the enrollment of a person who has more than five unexcused absences in a semester. A person whose enrollment is revoked for exceeding this limit may be considered an unauthorized person on school grounds for the purposes of Education Code 37.107 regarding trespassing. The Board may adopt a policy requiring the student to attend school until the end of the school year. If the Board adopts such a policy, Education Code 25.094 [see STUDENT LIABILITY, below] applies to the student, but Education Code 25.093 and 25.095 do not apply to the student’s parent.

ACCELERATED / A student must also attend: COMPENSATORY PROGRAMS 1. An extended-year program for which the student is eligible that is provided by the District for students identified as likely not to be promoted to the next grade level or tutorial classes required by the District under Education Code 29.084 [see EHBC]; 2. An accelerated reading instruction program to which the student has been assigned under Education Code 28.006(g) [see EKC]; 3. An accelerated instruction program to which the student is assigned under Education Code 28.0211 [see EIE]; 4. A basic skills program to which the student is assigned under Education Code 29.086 [see EHBC]; or 5. A summer program provided: a. To a student placed in in-school suspension or other alternative setting, other than a disciplinary alternative education program (DAEP), who has been offered the opportunity to complete each course in which the student was enrolled at the time of removal. [See FO]

DATE ISSUED: 1/23/2008 1 of 7 UPDATE 82 FEA(LEGAL)-P Humble ISD 101913

ATTENDANCE FEA COMPULSORY ATTENDANCE (LEGAL)

b. To a student removed to a DAEP who has been offered an opportunity to complete coursework, before the beginning of the next school year. [See FOCA] Education Code 25.085

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

EQUIVALENCY 1. The student is at least 17 years of age and has been issued a DIPLOMA high school equivalency certificate or diploma.

PRIVATE OR HOME 2. The student attends a private or parochial school that in- SCHOOL cludes in its course a study of good citizenship. A student in a home school shall be exempt from compulsory attendance if he or she is pursuing in good faith a curriculum consisting of books, workbooks, other written materials (including those that appear on an electronic screen of either a computer or video tape monitor), or any combination of these. The curriculum shall be designed to meet basic education goals of reading, spelling, grammar, mathematics, and a study of good citizenship. TEA v. Leeper, 893 S.W.2d 432 (Tex. 1994)

SPECIAL 3. The student is eligible to participate in the District’s special EDUCATION — education program under Education Code 29.003 and cannot NONDISTRICT be appropriately served by the resident district. PLACEMENT MEDICAL 4. The student has a temporary and remediable physical or CONDITION mental condition that renders attendance infeasible and the student has a certificate from a qualified physician that speci- fies the condition, indicates the prescribed treatment, and covers the anticipated time of absence needed for receiving and recuperating from remedial treatment.

EXPULSION — NO 5. The student has been expelled in accordance with legal re- JJAEP quirements in a district that does not participate in a mandatory juvenile justice alternative education program. [See FOD]

17-YEAR-OLD IN 6. The student is at least 17 years old, is attending a course of GED COURSE instruction to prepare for the high school equivalency examinations, and: a. Has the permission of the student’s parent or guardian to attend the course; b. Is required by court order to attend the course;

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ATTENDANCE FEA COMPULSORY ATTENDANCE (LEGAL)

c. Has established a residence separate and apart from the student’s parent, guardian, or other person having lawful control of the student; or d. Is homeless as defined by 42 U.S.C. 11302.

HIGH SCHOOL 7. The student is enrolled in the Texas Academy of Leadership REPLACEMENT in the Humanities or Texas Academy of Mathematics and Sci- PROGRAMS ence.

16-YEAR-OLD IN 8. The student is at least 16 years old and is attending a course GED PROGRAM OR of instruction to prepare for the high school equivalency ex- JOB CORPS aminations, if: a. The student is recommended to take the course by a public agency that has supervision or custody of the student under a court order; or b. The student is enrolled in a Job Corps training program under the Workforce Investment Act of 1998, 29 U.S.C. 2801.

OTHER EXEMPTION 9. The student is specifically exempted under another law. Education Code 25.086

EXCUSED ABSENCES A person required to attend school may be excused for temporary TEMPORARY absence resulting from any cause acceptable to the teacher, prin- ABSENCES cipal, or Superintendent of the school in which the person is enrolled. Education Code 25.087

SPECIAL Students may be excused for special education assessment pro- EDUCATION cedures and for special education-related services. 19 TAC MATTERS 129.21(l)

COURT A student who has been referred to a juvenile court for delinquent PROCEEDINGS conduct or conduct indicating a need for supervision shall receive an excused absence for any missed class when: 1. The assigned juvenile judge or probation officer has detained the student or required the student to participate in activities related to the student’s referral; 2. Detention or participation in such activities resulted in absence from class; 3. The probation officer communicates the cause of the absence in writing to District personnel; and 4. The student successfully completes all missed assignments. 19 TAC 129.22(a)

DATE ISSUED: 1/23/2008 3 of 7 UPDATE 82 FEA(LEGAL)-P Humble ISD 101913

ATTENDANCE FEA COMPULSORY ATTENDANCE (LEGAL)

HUMAN SERVICES A student who has been referred to the Texas Department of Hu- ACTIVITIES man Services or a county or local welfare unit on the basis that he or she has been abused or is neglected shall be excused when: 1. The assigned caseworker has required the student to participate in activities related to the student’s referral; 2. Participation in such activities resulted in an absence from class; 3. The caseworker communicates the cause of the absence in writing to District personnel; and 4. The student successfully completes all missed assignments. 19 TAC 129.22(b)

RELIGIOUS, COURT- The District shall excuse a student from attending school for the RELATED, AND following purposes, including travel for those purposes: MEDICAL ABSENCES 1. Observing religious holy days. Excused days for travel shall be limited to not more than one day for travel to and one day for travel from the site where the student will observe the religious holy days. 2. Attending a required court appearance.

3. Temporary absence resulting from an appointment with a health-care professional if that student commences classes or returns to school on the same day of the appointment. Education Code 25.087; 19 TAC 129.21(k) [See FEB]

MAKE-UP WORK The student shall be allowed a reasonable time to make up school work missed on those days. If the student satisfactorily completes the work, the days of absence shall be counted as days of compulsory attendance. The student shall not be penalized for the absence. Education Code 25.087 In the case of a student who has missed class due to court proceedings or human services activities, it is the responsibility of the liaison for court-related children [see FFC(LEGAL)] to assist students and teachers to ensure that students are provided the opportunity to complete all missed assignments. 19 TAC 129.22(c)

TAPS AT MILITARY In addition, the District may excuse a student in grades 6 through FUNERAL 12 for the purpose of sounding “Taps” at a military honors funeral held in this state for a deceased veteran. If the District excuses the absence, the student may not be penalized for that absence and shall be counted as if the student attended school for purposes of calculating the average daily atten- DATE ISSUED: 1/23/2008 4 of 7 UPDATE 82 FEA(LEGAL)-P Humble ISD 101913

ATTENDANCE FEA COMPULSORY ATTENDANCE (LEGAL)

dance of students in the District. The student shall be allowed a reasonable time to make up school work missed on those days. If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance. Education Code 25.087(c)

NOTICES TO PARENTS The District shall notify a student’s parent in writing at the begin- WARNING NOTICE ning of the school year that, if the student is absent from school on ten or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period, the student’s parent is subject to prosecution under Education Code 25.093, and the student is subject to prosecution under Education Code 25.094 or to referral to a juvenile court in a county with a population less than 100,000.

NOTICE OF The District shall notify a student’s parent if the student has been ABSENCES absent from school, without excuse under Education Code 25.087, on three days or parts of days within a four-week period. The notice must: 1. Inform the parent that: a. It is the parent’s duty to monitor the student’s school attendance and require the student to attend school, b. The parent is subject to prosecution under Education Code 25.093; and 2. Request a conference between school officials and the parent to discuss the absences. The fact that a parent did not receive the notices described above is not a defense to prosecution for the parent’s failure to require a child to attend school nor for the student’s failure to attend school. Education Code 25.095

NON-ATTENDANCE A parent or person standing in parental relation commits an offense PARENT LIABILITY if: 1. A warning notice is issued, 2. The parent with criminal negligence fails to require the child to attend school as required by law, and 3. The child has absences for the amount of time specified under Education Code 25.094. The attendance officer [see FED] or other appropriate school official shall file a complaint against the parent in an appropriate court, as permitted under Education Code 25.093.

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ATTENDANCE FEA COMPULSORY ATTENDANCE (LEGAL)

AFFIRMATIVE It is an affirmative defense to prosecution that one or more of the DEFENSE — absences required to be proven was excused by a school official or PARENT should be excused by the court. A decision by the court to excuse an absence for this purpose does not affect the ability of the District to determine whether to excuse the absence for another purpose. Education Code 25.093

STUDENT LIABILITY A student who is required to attend school under the compulsory attendance laws and fails to attend school on ten or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period may be prosecuted for nonattendance in: 1. The constitutional county court of the county in which the individual resides or in which the school is located, if the county has a population of two million or more; 2. The justice court of any precinct in the county in which the student resides; 3. The justice court of any precinct in the county in which the school is located; 4. The municipal court in the municipality in which the child resides; or 5. The municipal court in the municipality in which the school is located. Education Code 25.094(a), (b)

CONDUCT IN Conduct indicating a need for supervision includes the absence of NEED OF a child on ten or more days or parts of days within a six-month pe- SUPERVISION riod in the same school year or on three or more days or parts of days within a four-week period from school. Family Code 51.03(b)(2)

AFFIRMATIVE It is an affirmative defense to prosecution for nonattendance or to DEFENSE — an allegation of conduct in need of supervision that one or more of STUDENT the absences required to be proven were excused by a school official or by the court or that one or more of the absences were invol- untary, but only if there is an insufficient number of unexcused or voluntary absences remaining to constitute an offense. A decision by the court to excuse an absence for this purpose does not affect the ability of the District to determine whether to excuse the absence for another purpose. Education Code 25.094(f), (g); Family Code 51.03(d)

DATE ISSUED: 1/23/2008 6 of 7 UPDATE 82 FEA(LEGAL)-P Humble ISD 101913

ATTENDANCE FEA COMPULSORY ATTENDANCE (LEGAL)

DISTRICT COMPLAINT If a student fails to attend school without excuse on ten or more OR REFERRAL days or parts of days within a six-month period in the same school year, the District shall within ten school days of the student’s tenth absence: 1. File a complaint against the student or the student’s parent or both in a county, justice, or municipal court for an offense under Education Code 25.093 or 25.094, as appropriate, or refer the student to a juvenile court in a county with a population of less than 100,000; or 2. Refer the student to a juvenile court for conduct indicating a need for supervision under Family Code 51.03(b)(2). A court shall dismiss a complaint or referral by the District that does not comply with these requirements. The District may take the actions listed above if a student fails to attend school without excuse on three or more days or parts of days within a four-week period, but does not fail to attend school for the time specified above. Education Code 25.0951

DATE ISSUED: 1/23/2008 7 of 7 UPDATE 82 FEA(LEGAL)-P Humble ISD 101913

ATTENDANCE FED ATTENDANCE ENFORCEMENT (LEGAL)

ATTENDANCE The Board may select a school attendance officer. A school atten- OFFICER dance officer also may be selected by two or more boards to serve their districts jointly. Education Code 25.088 In districts where no attendance officer has been selected, the Su- perintendent and the peace officers in the District shall perform the duties of attendance officer, but no additional compensation shall be paid for the services. Education Code 25.090 [See PEACE OFFICERS, below]

POWERS AND An attendance officer employed by the District who is not commis- DUTIES sioned as a peace officer has the following powers and duties with respect to enforcement of compulsory school attendance requirements: 1. To investigate each case of a violation of the compulsory school attendance requirements referred to the attendance officer; 2. To enforce compulsory school attendance requirements by: a. Referring a student to a juvenile court or filing a complaint against a student in a county, justice, or municipal court if the student has unexcused absences for the amount of time specified under Education Code 25.094 or under Family Code 51.03(b)(2); and b. Filing a complaint in a county, justice, or municipal court against a parent who violates Education Code 25.093; 3. To monitor school attendance compliance by each student investigated by the officer; 4. To maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the Board, or the Commis- sioner, to provide a record to the individual or entity requesting the record; 5. To make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that the attendance officer may not enter a residence without permission of the parent or of the owner or tenant of the residence; 6. At the request of a parent, to escort a student from any location to a school campus to ensure the student’s compliance with compulsory school attendance requirements; and 7. If the attendance officer has or is informed of a court-ordered legal process directing that a student be taken into custody

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ATTENDANCE FED ATTENDANCE ENFORCEMENT (LEGAL)

and the district employing the officer does not employ its own police department, to contact the sheriff, constable, or any peace officer to request that the student be taken into custody and processed according to the legal process.

PEACE OFFICERS A peace officer serving as an attendance officer has the following powers and duties concerning enforcement of compulsory school attendance requirements: 1. To investigate each case of a violation of compulsory school attendance requirements referred to the peace officer; 2. To enforce compulsory school attendance requirements by: a. Referring a student to a juvenile court or filing a complaint against a student in a county, justice, or municipal court if the student has unexcused absences for the amount of time specified under Education Code 25.094 or under Family Code 51.03(b)(2); and b. Filing a complaint in a county, justice, or municipal court against a parent who violates Education Code 25.093; 3. To serve court-ordered legal process; 4. To review school attendance records for compliance by each student investigated by the officer; 5. To maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the Board, or the Commis- sioner, to provide a record to the individual or entity requesting the record; 6. To make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that a peace officer may not enter a residence without the permission of the parent of a student required to attend school or of the tenant or owner of the residence except to lawfully serve court-ordered legal process on the parent; and 7. To take a student into custody with the permission of the student’s parent or in obedience to a court-ordered legal process. A peace officer who has probable cause to believe that a child is in violation of the compulsory attendance law may take the child into custody for the purpose of returning the child to the school campus of the child to ensure the child’s compliance with compulsory attendance requirements.

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ATTENDANCE FED ATTENDANCE ENFORCEMENT (LEGAL)

Education Code 25.091

JUVENILE CASE On approval of the Board, the District may employ or agree in ac- MANAGER cordance with Government Code Chapter 791 to jointly employ a case manager to provide services in cases involving juvenile of- fenders before a court consistent with the court’s statutory powers. The District may apply to the criminal justice division of the gover- nor’s office for reimbursements of the costs of employing a juvenile case manager. Code of Criminal Procedure 45.056

DATE ISSUED: 1/23/2008 3 of 3 UPDATE 82 FED(LEGAL)-P Humble ISD 101913

WELLNESS AND HEALTH SERVICES FFAA PHYSICAL EXAMINATIONS (LEGAL)

PHYSICAL FITNESS Annually, the District shall assess the physical fitness of students in ASSESSMENT grades 3 through 12, using an assessment instrument adopted by the Commissioner. The District is not required to assess a student for whom, as a result of disability or other condition identified by Commissioner rule, the assessment instrument is inappropriate

REPORT The District shall compile the results of the physical fitness assessment and provide summary results, aggregated by grade level and any other appropriate category identified by Commissioner rule, to TEA. The summary results may not contain the names of individual students or teachers.

CONFIDENTIALITY The results of individual student performance on the physical fitness assessment instrument are confidential and may be released only in accordance with state and federal law. The District may accept donations made to facilitate implementation of this subchapter. Education Code Ch. 38, Subch. C

VISION AND HEARING As soon as possible after admission and within a period set by rule, SCREENING a student required to be screened shall undergo approved screening for vision and hearing disorders and any other special senses and communication disorders specified by the Texas Department of State Health Services (TDSHS). Health and Safety Code 36.005(a)

DISTRICT The Superintendent shall ensure that each student admitted to the RESPONSIBILITY District complies with the screening requirements set by TDSHS or submits an affidavit of exemption (see below). Health and Safety Code 36.005(c)

SCREENING All students enrolled in the District shall be screened for vision and SCHEDULE hearing problems in prekindergarten; kindergarten; and first, third, ROUTINE fifth, and seventh grades before May 31 of each year. Upon written SCREENING request approved by TDSHS, the screening of vision and hearing may instead occur in prekindergarten; kindergarten; and first, second, fourth, and sixth grades. 25 TAC 37.23(d), (f)

SCREENING ON Students four years of age and older, who are enrolled in the Dis- ENROLLMENT trict for the first time, must be screened for possible vision and hearing problems within 120 calendar days of enrollment. If the student is enrolled within 60 days of the date school closes for the summer, the student must be tested by December 31 of that year. 25 TAC 37.23(e)(1)

DATE ISSUED: 1/23/2008 1 of 4 UPDATE 82 FFAA(LEGAL)-P Humble ISD 101913

WELLNESS AND HEALTH SERVICES FFAA PHYSICAL EXAMINATIONS (LEGAL)

OUTSIDE Except for students enrolled in kindergarten or first grade, the Dis- SCREENING trict shall exempt a student from screening if the student’s parent or legal guardian submits proof that the student’s vision and/or hearing has been screened within the prior reporting year. Proof of vision and hearing screening upon initial enrollment must be submitted to the District by the dates for screening upon enrollment. Proof for all other students must be submitted by May 31. 25 TAC 37.23(e)(3), 37.26(a), (b)

PROVISIONAL A parent, guardian, managing conservator, or person having legal ADMISSION responsibility for the student’s support may execute an affidavit stating that a person other than the screener used by the District shall conduct the screening as soon as is feasible. The student may be admitted on a provisional basis, or the student may be denied admission, until the screening results are provided to the Dis- trict. 25 TAC 37.23(g)

EXEMPTION— The District shall not require a student to be screened if the parent, RELIGIOUS BELIEFS guardian, managing conservator, or person having legal responsibility for the student’s support submits to the District, on or before the date vision or hearing screening is scheduled, an affidavit in lieu of the record of screening stating that the vision or hearing screening conflicts with the tenets or practices of a church or religious denomination of which the affiant is an adherent or member. Health and Safety Code 36.005(b); 25 TAC 37.23(h)

RECORDS The District shall maintain the screening records required by statute and regulation. Health and Safety Code 36.006; 25 TAC 37.24

TRANSFER OF A student’s screening records may be transferred among districts RECORDS without the consent of the student or minor student’s parent, managing conservator, or guardian. The District shall honor an original or true copy of the proofs of screening upon the transfer of a student from another Texas district. When a district’s official record for a student contains entries of vision or hearing examinations or screening test results, the original or true and correct copy of the record may be transferred between districts. Health and Safety Code 36.006(c); 25 TAC 37.28

REPORTS On or before June 30 of each year, the District shall submit to TDSHS a report on the screening status of its aggregate population screened during the reporting year. The results of required professional examinations or screening tests shall be reported as specified on forms approved by TDSHS. Health and Safety Code 36.006; 25 TAC 37.26(c)(1)

RISK ASSESSMENT As soon as possible after admission and as required by rule, each FOR TYPE 2 DIABETES student required to be assessed shall undergo approved risk assessment for type 2 diabetes. The risk assessment should:

DATE ISSUED: 1/23/2008 2 of 4 UPDATE 82 FFAA(LEGAL)-P Humble ISD 101913

WELLNESS AND HEALTH SERVICES FFAA PHYSICAL EXAMINATIONS (LEGAL)

1. Identify students with acanthosis nigricans; and 2. Further assess students identified under paragraph 1 to determine the students’: a. Body mass index; and b. Blood pressure. The risk assessment shall be performed at the same time hearing and vision screening or spinal screening is performed. Health and Safety Code 95.002(d), 95.003(a)

DISTRICT The Superintendent shall ensure that each student admitted to the RESPONSIBILITY District complies with the risk assessment requirements or submits an affidavit of exemption. Health and Safety Code 95.003(c)

APPLICABILITY Students who attend public schools located in TEA Regional Edu- cation Service Centers 1, 2, 3, 4, 10, 11, 13, 15, 18, 19, and 20 shall be subject to risk assessment. Health and Safety Code 95.002(b)

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

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

RECORDS The Superintendent shall maintain the risk assessment records required by the statute and regulations and enter the risk assessment information for each individual on the surveillance software selected by the University of Texas—Pan American Border Health Office (the Office). The risk assessment records are open for inspection by the Office or the local health department. Health and Safety Code 95.004(a)

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

ANNUAL REPORT Each district shall submit to the Office an annual report on the risk assessment status of the students in attendance during the report-

DATE ISSUED: 1/23/2008 3 of 4 UPDATE 82 FFAA(LEGAL)-P Humble ISD 101913

WELLNESS AND HEALTH SERVICES FFAA PHYSICAL EXAMINATIONS (LEGAL)

ing year and shall include in the report any other required information. Health and Safety Code 95.004(e)

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

DISTRICT The Superintendent shall ensure that each student admitted to the RESPONSIBILITY District complies with the screening requirements or submits an affidavit of exemption (see below). Health and Safety Code 37.002(c), 25 TAC 37.148(m)

SCREENING Students in grades six and nine shall be screened for abnormal SCHEDULE spinal curvature before the end of the school year. The screening ROUTINE requirement for students entering grades six or nine may be met if SCREENING the student has been screened for spinal deformities during the previous year. Districts may implement a program that includes screening in grades five and eight in lieu of grades six and nine. 25 TAC 37.148(a), (b)

SCREENING ON New students enrolling in grades scheduled for screening (i.e., ENROLLMENT grades six and nine or five and eight), who have no record of having received their scheduled screening(s) shall be screened the year they enroll. Districts shall consider offering a student enrolling in grades ten, eleven, or twelve the opportunity for spinal screening if the student has no record of having been screened previously. 25 TAC 37.148(c)

EXEMPTION— A student is exempt from screening if it conflicts with the tenets and RELIGIOUS BELIEFS practices of a recognized church or religious denomination of which the student is an adherent or a member. The minor student’s parent, managing conservator, or guardian must submit an affidavit stating the objections to screening. This affidavit shall be submitted on or before the day of the screening procedure each year the screening is performed. Health and Safety Code 37.002(b); 25 TAC 37.148(d)

ANNUAL REPORT Each district shall submit to TDSHS an annual report of spinal screening performed during the school year no later than June 30 of the reporting year. The report shall be submitted as specified on a form issued by TDSHS. 25 TAC 37.148(n)

TRANSFER OF A student’s health record shall be acceptable as proof of screening RECORDS if such record contains entries of screening results. In such case, the original or a true and correct copy of that record may be transferred between schools and shall be honored upon transfer of a student from another district in Texas or within the United States. 25 TAC 37.148(o)

DATE ISSUED: 1/23/2008 4 of 4 UPDATE 82 FFAA(LEGAL)-P Humble ISD 101913

STUDENT ACTIVITIES FM (LEGAL)

APPLICABILITY OF UIL A student enrolled in the District or who participates in an extracur- RULES AND DISTRICT ricular activity or a University Interscholastic League (UIL) competi- POLICIES tion is subject to District policy and UIL rules regarding participation only when the student is under the direct supervision of an employee of the school or district in which the student is enrolled or at any other time specified by resolution of the Board. Education Code 33.081(b) [See FO regarding additional standards of conduct for extracurricular activities]

STEROID TESTING The UIL shall adopt rules for the annual administration of a steroid testing program under which high school students participating in an athletic competition sponsored or sanctioned by the league are tested at multiple times throughout the year for the presence of steroids [see FNF]. Results of such steroid tests are confidential and, unless required by court order, may be disclosed only to the student and the student’s parent and the activity directors, principal, and assistant principals of the school attended by the student. Education Code 33.091(d)(e)

ELIGIBILITY A student otherwise eligible to participate in an extracurricular activity or a UIL competition is not ineligible because the student is enrolled in a course offered for joint high school and college credit, or in a course offered under a concurrent enrollment program, regardless of the location at which the course is provided. Education Code 33.087

SUSPENSION FROM A student shall be suspended from participation in any extracurricu- EXTRACURRICULAR lar activity sponsored or sanctioned by the District or the UIL after a ACTIVITIES grade evaluation period in which the student received a grade lower than the equivalent of 70 on a scale of 100 in any academic class other than a course described below at ADVANCED COURSES.

LENGTH OF A suspension continues for at least three school weeks and is not SUSPENSION removed during the school year until the conditions of REIN- STATEMENT, described below, are met. A suspension shall not last beyond the end of a school year.

GRADE “Grade evaluation period” means: EVALUATION PERIOD 1. The six-week grade reporting period; or 2. The first six weeks of a semester and each grade reporting period thereafter, in the case of a district with a grade reporting period longer than six weeks. Education Code 33.081(c)

DATE ISSUED: 1/23/2008 1 of 5 UPDATE 82 FM(LEGAL)-P Humble ISD 101913

STUDENT ACTIVITIES FM (LEGAL)

SCHOOL WEEK The school week is defined as beginning at 12:01 a.m. on the first instructional day of the calendar week and ending at the close of instruction on the last instructional day of the calendar week, excluding holidays. 19 TAC 76.1001(b)

ADVANCED The suspension and reinstatement provisions of Education Code COURSES 38.001(c) and (d) do not apply to an advanced placement or international baccalaureate course, or to an honors or dual credit course in the subject areas of English language arts, mathematics, science, social studies, economics, or a language other than Eng- lish. Education Code 33.081(d-1)

STUDENTS WITH In the case of a student with a disability that significantly interferes DISABILITIES with the student’s ability to meet regular academic standards, suspension must be based on the student’s failure to meet the requirements of the student’s individualized education program (IEP). The determination of whether the disability substantially interferes with the student’s ability to meet the requirements of the student’s IEP must be made by the admission, review, and dismissal (ARD) committee. For the purposes of this provision, “student with a disability” means a student who is eligible for the District’s special education program under Education Code 29.003(b). Education Code 33.081(e)

PRACTICE OR A student suspended under Education Code 33.081 may practice REHEARSAL or rehearse with other students for an extracurricular activity but may not participate in a competition or other public performance. Education Code 33.081(f)

REINSTATEMENT Until the suspension is removed or the school year ends, the Dis- trict shall review the grades of a student at the end of each three- week period following the date on which the suspension began. At the time of a review, the suspension is removed if the student’s grade in each class, other than a course described above at AD- VANCED COURSES, is equal to or greater than the equivalent of 70 on a scale of 100. The principal and each of the student’s teachers shall make the determination concerning the student’s grades. Education Code 33.081(d)

ATTENDANCE AND The State Board of Education by rule shall limit participation in and PARTICIPATION practice for extracurricular activities during the school day and the school week. The Board may adopt a policy establishing the number of times a student who is otherwise eligible to participate in an extracurricular activity may be absent from class to participate in an extracurricular activity sponsored or sanctioned by the District, UIL, or an organi-

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STUDENT ACTIVITIES FM (LEGAL)

zation sanctioned by Board resolution. The policy must permit a student to be absent from class at least ten times during the school year, and the policy prevails over any conflicting policy adopted by the State Board of Education. Education Code 33.081(a), 33.0811

STATE BOARD OF The following provisions apply to any UIL activity. EDUCATION RULES Other organizations requiring student participation that causes a student to miss a class may request sanction from the Board. If sanctioned by resolution of the Board, student participation in the organization’s activities shall be subject to all provisions of statute and to Texas Administration Code Title 19, section 76.1001. If the Board does not grant sanction, any absences incurred by a student while participating with that organization’s activities shall be subject to the attendance provisions of the Education Code. 19 TAC 76.1001(f) [See FEB]

EXTRACURRICULAR An extracurricular activity is an activity sponsored by the UIL, the ACTIVITIES Board, or an organization sanctioned by Board resolution. The activity is not necessarily directly related to instruction of the essential knowledge and skills, but may have an indirect relation to some areas of the curriculum. Extracurricular activities include public performances (except as described below), contests, demonstrations, displays, and club activities. In addition, an activity is subject to this policy if any one of the following criteria applies: 1. The activity is competitive; 2. The activity is held in conjunction with another activity that is considered extracurricular; 3. The activity is held off-campus, except in a case in which adequate facilities do not exist on campus; 4. The general public is invited; or 5. An admission is charged.

EXCEPTION — A student ineligible to participate in an extracurricular activity, but PUBLIC who is enrolled in a state-approved course that requires demon- PERFORMANCES stration of the mastery of the essential knowledge and skills in a public performance, may participate in the performance if: 1. Only item 4, above, applies; and 2. The requirement for student participation in public is stated in the essential knowledge and skills of the course. 19 TAC 76.1001(a)

DATE ISSUED: 1/23/2008 3 of 5 UPDATE 82 FM(LEGAL)-P Humble ISD 101913

STUDENT ACTIVITIES FM (LEGAL)

LIMITS ON Limitations on practice, rehearsal, and student participation during PARTICIPATION the school week shall be as follows: AND PRACTICE 1. For any given extracurricular activity, a student may not par- DURING THE ticipate in more than one activity per school week, excluding SCHOOL WEEK holidays, except as provided in item 2, below; 2. A student may also participate in a tournament or post-district contest, as well as a contest postponed by weather or public disaster that may determine advancement to a post-district level of competition; 3. For each extracurricular activity, the District must limit students to a maximum of eight hours of practice and rehearsal outside the school day per school week. 4. The Commissioner recommends that school districts avoid scheduling extracurricular activities or public performances on the day or evening immediately preceding the day on which the statewide student assessment program is scheduled for grades 3–11. 19 TAC 76.1001(d); Education Code 33.081(a)

DURING THE Limitations on practice and rehearsal during the school day shall SCHOOL DAY be as follows: 1. The District must limit a student to one period of practice during the regularly scheduled school day for practice of extracurricular activities, such as athletics, drill team, or cheerleading. 2. The limit in item 1 does not prohibit a student from enrolling in any state-approved class. A student who is enrolled in a state-approved class that includes essential knowledge and skills that relate to the preparation for an extracurricular activity may practice that extracurricular activity for no more than one period during the school day. 3. A student may not be permitted to miss a scheduled academic class to practice for an unrelated extracurricular activity. 4. The District must limit extracurricular practice during the school day to ensure that class periods for extracurricular practice do not exceed the time allotted for other class periods. 5. Regardless of the schedule type in place (traditional or non- traditional), a school may elect to practice extracurricular activities daily, provided the total minutes allowed for the extra-

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STUDENT ACTIVITIES FM (LEGAL)

curricular practice is not greater than 300 minutes during the school week. 19 TAC 76.1001(e); Education Code 33.081(a)

RECORD OF The District shall maintain an accurate record of extracurricular ab- ABSENCES sences for each student in the District each school year. 19 TAC 76.1001(c)

PARENTAL NOTICE A parent is entitled to full information regarding the school activities AND CONSENT of a parent’s child except as provided by Education Code 38.004 (regarding child abuse investigations). Education Code 26.008(a) Anonymous evaluations of a student that determine whether the student may participate in a school-related program do not provide full information about the student’s school activities. The District may by policy establish the parameters for parental contact with evaluating teachers, taking into account the type of evaluation, the information elicited in the evaluation, and scheduling and workload requirements of the teachers. Byard v. Clear Creek Indep. Sch. Dist., Tex. Comm’r of Educ. Decision No. 020-R5-1001 (June 17, 2002) A District employee is not required to obtain the consent of a child’s parent before the employee may videotape the child or record the child’s voice if the videotape or recording is to be used only for a purpose related to a cocurricular or extracurricular activity. Educa- tion Code 26.009(b)(2)

DISCRIMINATORY An extracurricular activity sponsored or sanctioned by the District, CLUB including an athletic event or an athletic team practice, may not take place at an athletic club located in the United States that denies any person full and equal enjoyment of equipment or facilities provided by the athletic club because of the person’s race, color, religion, creed, national origin, or sex. “Athletic club” means an entity that provides sports or exercise equipment or facilities to its customers or members or to the guests of its customers or members. Education Code 33.082

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STUDENT ACTIVITIES FMH COMMENCEMENT (LEGAL)

INVOCATIONS/ School officials shall not direct the performance of a formal reli- BENEDICTIONS gious exercise at promotional and graduation ceremonies. Lee v. Weisman, 505 U.S. 577 (1992) (addressing prayer by clergy at graduation) The Board may permit the graduating senior class(es), with the advice and counsel of the senior class sponsor, to select student volunteers to deliver nonsectarian, nonproselytizing invocations and benedictions for the purpose of solemnizing their graduation ceremonies. Jones v. Clear Creek Indep. Sch. Dist., 977 F.2d 963 (5th Cir. 1992), cert. denied, 508 U.S. 967 (1993) [See FNA(LEGAL) regarding EXPRESSION OF RELIGIOUS VIEWPOINTS]

Note: Although not expressly overruled, the precedential value of Jones v. Clear Creek Indep. Sch. Dist. has been called into question by the United States Supreme Court’s decision in Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290 (2000). [See FNA(LEGAL) at PRAYER AT SCHOOL ACTIVITIES]

EARLY GRADUATES A parent is entitled to have a child who graduates earlier than the child would normally graduate participate in graduation ceremonies at the time the child graduates, if the child completes each course required for graduation. Education Code 26.003(a)(3)(C), (4) [See EIF]

SPECIAL EDUCATION The District shall issue a certificate of attendance to a student who STUDENTS receives special education services and who has completed four years of high school but has not completed the student’s individualized education program. The District shall allow a student who receives a certificate of attendance to participate in a graduation ceremony with students receiving high school diplomas. A student may participate in only one graduation ceremony under this provision. This provision does not preclude a student from receiving a diploma if the student successfully completes an IEP. Education Code 28.025(f)

DATE ISSUED: 1/23/2008 1 of 1 UPDATE 82 FMH(LEGAL)-P Humble ISD 101913

STUDENT RIGHTS AND RESPONSIBILITIES FN (LOCAL)

Each student is expected to respect the rights and privileges of other students, teachers, and District staff. All teachers, administrators, and other District personnel are expected to respect the rights and privileges of students. [See DH series]

STUDENT HANDBOOK The Superintendent or designee shall develop student handbooks with information on curriculum, grading, extracurricular activities, and other such topics that students and parents are likely to need during the school year. The Superintendent or designee shall ensure that no student handbook information is in conflict with policy or the Student Code of Conduct. In case of conflict between a Board policy or the Student Code of Conduct and provisions of student handbooks, policy and/or the Student Code of Conduct shall prevail.

NO BOARD ACTION Student handbooks are subject to Board review but shall not be adopted by the Board.

DISTRIBUTION Student handbooks shall be made available on the District’s Web site at the beginning of the school year; hard copy shall be provided upon request. Amendments to the handbook shall be communicated promptly to students and parents. [For provisions on the Student Code of Conduct, see FO]

DATE ISSUED: 1/23/2008 ADOPTED: 1 of 1 UPDATE 82 FN(LOCAL)-A Humble ISD 101913

STUDENT EXPRESSION FNAA DISTRIBUTION OF NONSCHOOL LITERATURE (LOCAL)

Written or printed materials, handbills, photographs, pictures, films, tapes, or other visual or auditory materials not sponsored by the District or by a District-affiliated school-support organization shall not be sold, circulated, distributed, or posted on any District premises by any District student, except in accordance with this policy. The District shall not be responsible for, nor shall the District endorse, the contents of any nonschool literature distributed by students. For purposes of this policy, “distribution” means the circulation of more than ten copies of material from a source other than the Dis- trict. Materials distributed under the supervision of instructional personnel as a part of instruction or other authorized classroom activities shall not be considered nonschool literature and shall not be governed by this policy. [For distribution of nonschool literature by nonstudents, see GKDA]

LIMITATIONS ON Nonschool literature shall not be distributed by students on District CONTENT property if: 1. The materials are obscene, vulgar, or otherwise inappropriate for the age and maturity of the audience. 2. The materials endorse actions endangering the health or safety of students. 3. The materials promote illegal use of drugs, alcohol, or other controlled substances. 4. The distribution of such materials would violate the intellectual property rights, privacy rights, or other rights of another person. 5. The materials contain defamatory statements about public figures or others. 6. The materials advocate imminent lawless or disruptive action and are likely to incite or produce such action. 7. The materials are hate literature or similar publications that scurrilously attack ethnic, religious, or racial groups or contain content aimed at creating hostility and violence, and the materials would materially and substantially interfere with school activities or the rights of others. 8. There is reasonable cause to believe that distribution of the nonschool literature would result in material and substantial interference with school activities or the rights of others. DATE ISSUED: 1/23/2008 1 of 2 UPDATE 82 FNAA(LOCAL)-A1 Humble ISD 101913

STUDENT EXPRESSION FNAA DISTRIBUTION OF NONSCHOOL LITERATURE (LOCAL)

PRIOR REVIEW All nonschool literature intended for distribution by students on school campuses or other District premises under this policy shall be submitted to the campus principal or designee for prior review in accordance with the following: 1. Materials shall include the name of the person or organization sponsoring the distribution. 2. Using the standards found in this policy at LIMITATIONS ON CONTENT, the campus principal or designee shall approve or reject submitted materials within two school days of the time the materials were received.

EXCEPTIONS TO Prior review shall not be required for distribution of nonschool lit- PRIOR REVIEW erature by District students only in the following circumstances: 1. Distribution of materials by a student to other attendees during a meeting of a noncurriculum-related student group authorized to meet at school during noninstructional time in accordance with FNAB(LOCAL); or 2. Distribution of nonschool materials in circumstances for which exceptions to prior review are authorized at GKDA(LOCAL). Even when prior review is not required, all other provisions of this policy shall apply.

TIME, PLACE, AND Each campus principal shall designate times, locations, and means MANNER by which nonschool literature that is appropriate for distribution, as RESTRICTIONS provided in this policy, may be made available or distributed by students to students or others at the principal’s campus. The Superintendent or designee shall designate times, locations, and means for distribution of nonschool literature by students at District facilities other than school campuses, in accordance with this policy.

VIOLATIONS OF Failure to comply with this policy regarding distribution of non- POLICY school literature shall result in appropriate administrative action, including but not limited to confiscation of nonconforming materials, suspension of a noncurriculum-related student group’s use of Dis- trict facilities, and/or other disciplinary action in accordance with the Student Code of Conduct.

APPEALS Decisions made by the administration in accordance with this policy may be appealed in accordance with FNG(LOCAL).

DATE ISSUED: 1/23/2008 ADOPTED: 2 of 2 UPDATE 82 FNAA(LOCAL)-A1 Humble ISD 101913

STUDENT CONDUCT FNCG WEAPONS (LEGAL)

POSSESSION OF A student shall not possess, use, or exhibit any firearm, illegal WEAPONS knife, club, or prohibited weapon at school or any school-related EXPULSION activity. Education Code 37.007(a)(1) [See also FOD] OFFENSE

CRIMINAL OFFENSE A student shall not intentionally, knowingly, or recklessly possess or go with a firearm, illegal knife, club, or prohibited weapon on the physical premises of a school, any grounds or building on which an activity sponsored by a school is being conducted, or a passenger transportation vehicle of a school, unless pursuant to written regulations or written authorization of the District. An offense under this provision is a third degree felony. It is not a defense to prosecution that the actor possessed a handgun and was licensed to carry a concealed handgun under Government Code Chapter 411, Subchapter H. Penal Code 46.03(a)(1), (f), (g)

FIREARMS A student commits a third degree felony if, in a manner intended to EXPULSION cause alarm or personal injury to another person or to damage OFFENSE school property, the student intentionally exhibits, uses, or threatens to exhibit or use a firearm: 1. In or on any property, including a parking lot, parking garage, or other parking area, that is owned by the District; or 2. On a school bus being used to transport children to or from school-sponsored activities. Education Code 37.125 In accordance with the Gun-Free Schools Act, the District shall expel from the student’s regular program, for a period of one year, any student who is determined to have brought a firearm, as defined by federal law, to any District school. 20 U.S.C. 7151; Educa- tion Code 37.007(e) [See FOD]

DEFINITIONS For purposes of state law, “firearm” shall mean any device de- FIREARM signed, 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 46.01(3)

ILLEGAL KNIFE “Illegal knife” is, as defined by law, a knife with a blade over 5-1/2 inches; hand instrument designed to cut or stab another by being thrown; dagger, including a dirk, stiletto, and poniard; bowie knife; sword; or spear, or is as defined by local policy. Penal Code 46.01(6); Education Code 37.007(a)(1)(B)

CLUB A “club” is an instrument specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a DATE ISSUED: 1/23/2008 1 of 3 UPDATE 82 FNCG(LEGAL)-P Humble ISD 101913

STUDENT CONDUCT FNCG WEAPONS (LEGAL)

person with the instrument, including a blackjack, nightstick, mace, and tomahawk. Penal Code 46.01(1)

OTHER PROHIBITED A prohibited weapon is: WEAPONS 1. 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 ter- ror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon). Penal Code 46.01(2) 2. 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) 3. 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) 4. A firearm silencer (any device designed, made, or adapted to muffle the report of a firearm). Penal Code 46.01(4) 5. A switchblade knife (any knife with a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressing a button or other device on the handle, or opens or releases from the handle or shaft by the force of gravity or centrifugal force). Penal Code 46.01(11) 6. 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) 7. 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). Pe- nal Code 46.01(12) 8. A chemical dispensing device (a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a chemical capable of causing an adverse psycho- logical or physiological effect on a human being). Penal Code 46.01(14)

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STUDENT CONDUCT FNCG WEAPONS (LEGAL)

9. 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) Penal Code 46.05(a)

DATE ISSUED: 1/23/2008 3 of 3 UPDATE 82 FNCG(LEGAL)-P Humble ISD 101913

PLACEMENT IN A DISCIPLINARY ALTERNATIVE EDUCATION SETTING FOCA DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM OPERATIONS (LEGAL)

DISCIPLINARY The District shall provide a disciplinary alternative education pro- ALTERNATIVE gram (DAEP) that meets the following criteria: EDUCATION PROGRAM (DAEP) 1. Is provided in a setting other than the student’s regular classroom. 2. Is located on or off a regular school campus. 3. Provides for the students who are assigned to the DAEP to be separated from students who are not assigned to the program. 4. Focuses on English language arts, mathematics, science, history, and self-discipline. 5. Provides for students’ educational and behavioral needs. 6. Provides supervision and counseling. 7. Employs only teachers who meet all certification requirements under Education Code Chapter 21, Subchapter B. 8. Provides not less than the minimum amount of instructional time per day required by Education Code 25.082(a) [see EC]. The DAEP may provide for a student’s transfer to a different campus, a school-community guidance center, or a community-based alternative school. Education Code 37.008(a), (b)

ELEMENTARY An elementary school student may not be placed in a DAEP with SCHOOL STUDENTS any other student who is not an elementary school student. Edu- cation Code 37.006(f)

ACADEMIC MISSION The academic mission of DAEPs shall be to enable students to perform at grade level. Education Code 37.008(m)

OPPORTUNITY TO The District shall offer a student removed to a DAEP an opportunity COMPLETE to complete coursework, before the beginning of the next school COURSEWORK year, through any method available, including a correspondence course, distance learning, or summer school. The District may not charge the student for a course provided under this subsection. Except for this requirement, the District is not required to provide in the DAEP a course necessary to fulfill a student’s high school graduation requirements. Education Code 37.008(l)

ASSESSMENT OF The District shall administer to a student placed in a DAEP pro- ACADEMIC GROWTH gram for a period of 90 school days or longer an assessment instrument approved by the Commissioner for that purpose. The instrument shall be administered:

DATE ISSUED: 1/23/2008 1 of 3 UPDATE 82 FOCA(LEGAL)-P Humble ISD 101913

PLACEMENT IN A DISCIPLINARY ALTERNATIVE EDUCATION SETTING FOCA DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM OPERATIONS (LEGAL)

1. Initially on placement of the student in the program; and 2. Subsequently on the date of the student’s departure from the program, or as near that date as possible. The assessment must be designed to assess at least a student’s basic skills in reading and mathematics and is in addition to the assessment instruments required to be administered under Educa- tion Code Chapter 39. [See EKB] Education Code 37.0082

DRUG AND ALCOHOL A program of educational and support services may be provided to TREATMENT a student and the student’s parents when the offense involves drugs or alcohol as specified under Education Code 37.006 and 37.007. A DAEP that provides chemical dependency treatment services must be licensed under Health and Safety Code Chapter 464. Education Code 37.008(k)

OFF-CAMPUS An off-campus DAEP is not subject to a requirement imposed by PROGRAM the Education Code, other than a limitation on liability, a reporting requirement, or a requirement imposed by Education Code Chap- ter 37 or Chapter 39. Education Code 37.008(c)

FUNDING A student removed to a DAEP is counted in calculating the Dis- trict’s average daily attendance for the student’s time in actual attendance in the program. Education Code 37.008(f)

ALLOCATIONS TO The District shall allocate to a DAEP the same expenditure per DAEPS student attending the DAEP as would be allocated to the student’s school if the student were attending the student’s regularly assigned education program, including a special education program. Education Code 37.008(g) [See also EHBC]

JOINTLY CREATED The District may provide a DAEP jointly with one or more other dis- PROGRAMS tricts. Education Code 37.008(d)

COOPERATION AND The District shall cooperate with government agencies and com- ASSISTANCE munity organizations that provide services in the District to students placed in a DAEP. Education Code 37.008(e)

SERVICE CENTERS If the District requests, a regional education service center may provide the District with information on developing a DAEP that takes into consideration the District’s wealth, size, and existing facilities in determining the program best suited to the District. Edu- cation Code 37.008(i)

ANNUAL EVALUATION TEA shall provide an annual evaluation for each district to be considered in complying with Education Code 11.252 [see BQ and BQA]. Performance data shall be disaggregated with respect to race, ethnicity, and socioeconomic status. Information reported

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PLACEMENT IN A DISCIPLINARY ALTERNATIVE EDUCATION SETTING FOCA DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM OPERATIONS (LEGAL)

shall conform to limitations consistent with requirements under the Federal Educational Rights and Privacy Act of 1974 [see FL]. The Commissioner may consider the results of this evaluation as a component of monitoring and/or a special accreditation investigation. The performance of the District’s DAEP shall be evaluated on the basis of specific indicators in relation to appropriate performance benchmarks. This evaluation shall be based on the following indicators, with consideration given to the length of student assignment: 1. Student performance on state assessment instruments, including appropriate Texas Learning Index measures; 2. Other indicators of student performance in the annual evaluation, which may include course completion rates, dropout rates, completion rates, and attendance rates; and 3. Repeated disciplinary actions resulting in placement in a DAEP. In addition, the District’s DAEP and overall discipline management in preventing referrals shall be evaluated annually on the basis of identification and placement practices. Placement indicators are evaluated against appropriate standards and include the following: 1. Percentage of the District’s students placed in a DAEP, considering all discretionary placements under Education Code 37.001, 37.002, 37.006, and 37.007, and, separately, those mandatory placements under Education Code 37.006 and 37.007; 2. Percentage of the District’s minority and economically disad- vantaged students placed in a DAEP, considering all discretionary placements under Education Code 37.001, 37.002, 37.006, and 37.007, and, separately, those mandatory placements under Education Code 37.006 and 37.007; and 3. Percentage of the District’s students with disabilities placed in a DAEP, considering all discretionary placements under Edu- cation Code 37.001, 37.002, 37.006, and 37.007, and, separately, those mandatory placements under Education Code 37.006 and 37.007. 19 TAC 97.1021

DATE ISSUED: 1/23/2008 3 of 3 UPDATE 82 FOCA(LEGAL)-P Humble ISD 101913

STUDENT DISCIPLINE FOD EXPULSION (LEGAL)

STUDENTS YOUNGER A student younger than ten years of age shall not be expelled but THAN TEN shall be placed in a disciplinary alternative education program (DAEP). Education Code 37.007(e)(2), (h)

OVERAGE STUDENTS A person who is 21 years of age or older and is admitted by the District for the purpose of completing the requirements for a diploma is not eligible for placement in a JJAEP if the person engages in conduct that would require or authorize such placement for a student under the age of 21. If the student engages in such conduct, the District shall revoke the student’s admission. Educa- tion Code 25.001(b-1)

MANDATORY A student shall be expelled if the student, on school property or EXPULSION while attending a school-sponsored or school-related activity on or SCHOOL RELATED off of school property: 1. Uses, possesses, or exhibits a firearm, an illegal knife, a club, or a prohibited weapon, as those terms are defined in the Pe- nal Code, or any knife prohibited by local policy [see FNCG]; 2. Engages in conduct that contains the elements of the offense of aggravated assault, sexual assault, aggravated sexual assault, arson, murder, capital murder, criminal attempt to commit murder or capital murder, indecency with a child, aggravated kidnapping, aggravated robbery, manslaughter, criminally negligent homicide, or continuous sexual abuse of a young child or children, as those offenses are defined in the Penal Code; or 3. Commits a drug- or alcohol-related offense described at Edu- cation Code 37.006(a)(2)(C) or (D), if that conduct is punishable as a felony. Education Code 37.007(a)

RETALIATION The District shall expel a student who engages in conduct that contains the elements of any offense listed above against any District employee or volunteer in retaliation for or as a result of the person’s employment or association with the District, without regard to whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off of school property. Education Code 37.007(d)

FIREARM In accordance with the Gun-Free Schools Act, the District shall expel from the student’s regular program, for a period of one year, any student who is determined to have brought a firearm, as defined by federal law, to any District school. The Superintendent may modify the term of expulsion for a student or assess another comparable penalty that results in the student’s exclusion from the regular school program, on a case-by-case basis. The District or

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STUDENT DISCIPLINE FOD EXPULSION (LEGAL)

other local educational agency shall provide educational services to an expelled student in a DAEP if the student is younger than ten years of age. The District or other local educational agency may provide educational services to an expelled student who is ten years of age or older in a DAEP. 20 U.S.C. 7151; Education Code 37.007(e) [See also GRA] For the purposes of this provision, “firearm” means: 1. Any weapon (including a starter gun), which will or is designed to or which may readily be converted to expel a projectile by the action of an explosive; 2. The frame or receiver of any such weapon; 3. Any firearm muffler or firearm silencer; or 4. Any destructive device. “Destructive device” means any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one- quarter ounce, mine, or device similar to any of the preceding described devices. It also means any type of weapon (other than a shotgun shell or a shotgun that is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and any combination of parts either designed or intended for use in converting any device into a destructive device as described in this item, and from which a destructive device may be readily assembled. 18 U.S.C. 921

DISCRETIONARY A student may be expelled if the student engages in conduct in- EXPULSION volving a public school that contains the elements of the offense of THREATS false alarm or report under Penal Code 42.06, or terroristic threat under Penal Code 22.07.

SCHOOL- RELATED A student may be expelled if the student, while on or within 300 CONDUCT feet of school property, as measured from any point on the school’s real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:

ALCOHOL OR 1. Sells, gives, or delivers to another person, or possesses, DRUGS uses, or is under the influence of any amount of:

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STUDENT DISCIPLINE FOD EXPULSION (LEGAL)

a. Marijuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. section 801 et seq.; or b. A dangerous drug, as defined by Chapter 483, Health and Safety Code; or c. An alcoholic beverage, as defined by Section 1.04, Alco- holic Beverage Code.

VOLATILE 2. Engages in conduct that contains the elements of an offense CHEMICALS relating to an abusable volatile chemical under Health and Safety Code 485.031–485.034.

ASSAULT ON AN 3. Engages in conduct that contains the elements of an offense EMPLOYEE OR under Penal Code 22.01(a)(1) against a District employee, or VOLUNTEER a volunteer as defined by Education Code 22.053. [See FOC(EXHIBIT)]

DEADLY 4. Engages in conduct that contains the elements of the offense CONDUCT of deadly conduct under Penal Code 22.05. Education Code 37.007(b)

CONDUCT WITHIN Subject to the mandatory expulsion requirement for retaliation, a 300 FEET OF student may be expelled if the student, while within 300 feet of SCHOOL school property, as measured from any point on the school’s real property boundary line, engages in the following conduct: 1. Any conduct for which expulsion would have been mandatory under Education Code 37.007(a) [see MANDATORY EXPUL- SION — SCHOOL RELATED, above]; or 2. Possession of a firearm, as defined by 18 U.S.C. sec. 921 [see FIREARM, above]. Education Code 37.007(b)

RETALIATION A student may be expelled if the student engages in an assault, AGAINST SCHOOL under Penal Code 22.01(a)(1), on an employee or volunteer in re- EMPLOYEE OR taliation for or as a result of the person’s employment or associa- VOLUNTEER tion with the District, without regard to whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off school property. Education Code 37.007(d)

CONDUCT AGAINST A student may be expelled if the student engages in conduct ANOTHER STUDENT against another student that contains the elements of the offenses of aggravated assault, sexual assault, aggravated sexual assault, arson, murder, capital murder, criminal attempt to commit capital murder, or aggravated robbery, without regard to whether the con-

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STUDENT DISCIPLINE FOD EXPULSION (LEGAL)

duct occurs on or off of school property or while attending a school- sponsored or school-related activity on or off of school property. Education Code 37.007(b)

CRIMINAL MISCHIEF The District may use its discretion to expel a student who has engaged in conduct that contains the elements of criminal mischief, as defined in the Penal Code, if the conduct is punishable as a felony. Regardless of whether the student is expelled, the District shall refer the student to the authorized officer of the juvenile court. Education Code 37.007(f)

PERSISTENT A student who continues to engage in serious or persistent misbe- MISBEHAVIOR IN havior that violates the District’s Student Code of Conduct while DAEP placed in a DAEP may be removed from class and expelled. If the student is expelled, the Board or its designee shall refer the student to the authorized officer of the juvenile court for appropriate proceedings under Family Code Title 3 (Juvenile Justice Code). Education Code 37.007(c), 37.010(b)

PROPERTY OR The District may expel a student who attends school in the District ACTIVITIES OF if: ANOTHER DISTRICT 1. The student engages in conduct for which expulsion would have been mandatory if the conduct had occurred on District property or while attending a District-sponsored or District- related activity; and 2. The student engages in that conduct on the property of another district or while attending a school-sponsored or school- related activity of another district in this state. Education Code 37.007(i)

EXPULSION Before a student may be expelled, the Board or its designee shall PROCEEDINGS provide the student a hearing at which the student is afforded ap- DUE PROCESS propriate due process as required by the federal constitution. Edu- cation Code 37.009(f) The minimum procedural requirements necessary to satisfy due process depend upon the circumstances and the interests of the parties involved. Federal due process requires notice and some opportunity for hearing.

NOTICE The notice should contain a statement of the specific charges and grounds that, if proven, would justify expulsion. In some cases, the student should be given the names of the witnesses against him or her and an oral or written report on the facts to which each witness testifies.

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STUDENT DISCIPLINE FOD EXPULSION (LEGAL)

HEARING The rights of the student may properly be determined upon the hearsay evidence of school administrators who investigate disciplinary infractions. [See also Brewer v. Austin Indep. Sch. Dist., 779 F.2d 260 (5th Cir. 1985); Keough v. Tate County Bd. of Educ., 748 F.2d 1077 (5th Cir. 1984); McClain v. Lafayette County Sch. Bd. of Educ., 673 F.2d 106 (5th Cir. 1982); Tasby v. Estes, 643 F.2d 1103 (5th Cir. 1981); Boykins v. Fairfield Bd. of Educ., 492 F.2d 697 (5th Cir. 1974), cert. denied, 420 US 962 (1975); Dixon v. Alabama State Bd. of Educ., 294 F.2d 150 (5th Cir. 1961), cert. denied, 368 U.S. 930 (1961)]

REPRESENTATIVE At the hearing, the student is entitled to be represented by the student’s parent, guardian, or another adult who can provide guidance to the student and who is not an employee of the District. If the District makes a good-faith effort to inform the student and the student’s parent or guardian of the time and place of the hearing, the District may hold the hearing regardless of whether the student, the student’s parent or guardian, or another adult representing the student attends.

TERM OF EXPULSION If the period of expulsion is inconsistent with the guidelines on length of expulsion in the Student Code of Conduct, the order must give notice of the inconsistency. EXPULSION The period of expulsion may not exceed one year unless the Dis- BEYOND ONE YEAR trict determines that: 1. The student is a threat to the safety of other students or to District employees; or 2. Extended placement is in the best interest of the student. Education Code 37.009(h) NOTICE OF The Board or its designee shall deliver a copy of the order expel- EXPULSION ORDER ling the student to the student and the student’s parent or guardian. TO PARENT OR After such notification, the parent or guardian shall provide ade- GUARDIAN quate supervision for the student during the period of expulsion. Education Code 37.009(g), (h) TO COURT Not later than the second business day after the date an expulsion hearing is held, the Board or its designee shall deliver a copy of the expulsion order and any information required under Family Code 52.04 to the authorized officer of the juvenile court in the county in which the student resides. Family Code 52.04 requires the following information from a referring entity that is not a law enforcement agency or has not taken the child into custody:

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STUDENT DISCIPLINE FOD EXPULSION (LEGAL)

1. All information in the District’s possession pertaining to the identity of the child and the child’s address; the name and address of the child’s parent, guardian, or custodian; the names and addresses of any witnesses; and the child’s present whereabouts; and 2. A complete statement of the circumstances of the alleged delinquent conduct or conduct indicating a need for supervision. Education Code 37.010(a); Family Code 52.04(a), 52.041(a), (b)

TO JUVENILE In a county that operates a juvenile justice alternative education BOARD program (JJAEP) [see FODA], no student shall be expelled without written notification by the Board or its designee to the juvenile board’s designated representative. The notification shall be made not later than two business days following the Board’s determination that the student is to be expelled. Failure to timely notify the designated representative shall result in the child’s duty to continue attending the District’s educational program, which shall be provided to that child until such time as the notification to the designated representative is properly made. Family Code 52.041

TO STAFF In addition to providing any notice required under Code of Criminal Procedure 15.27 [see GRA], the District shall inform each educator who has responsibility for, or is under the direction and supervision of an educator who has responsibility for, the instruction of a student who has engaged in expellable conduct. Each educator shall keep the information confidential from any person not entitled to the information, except that the educator may share the information with the student’s parent or guardian as provided by state or federal law. An educator’s certificate may be suspended or revoked for intentional failure to keep such information confidential. Education Code 37.007(g)

COMPLETION OF If a student withdraws from the District before an order for expul- PROCEEDING UPON sion is entered, the principal or Board, as appropriate, may com- WITHDRAWAL plete the proceedings and enter an order. If the student subsequently enrolls in the District during the same or subsequent school year, the District may enforce the order at that time except for any period of the expulsion that has been served by the student in another district that honored the order. If the principal or Board fails to enter an order after the student withdraws, the next district in which the student enrolls may complete the proceedings and enter an order. Education Code 37.009(i)

ADDITIONAL If, during the term of expulsion, a student engages in additional PROCEEDINGS conduct for which placement in a DAEP or expulsion is required or

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STUDENT DISCIPLINE FOD EXPULSION (LEGAL)

permitted, additional proceedings may be conducted and the principal or Board, as appropriate, may enter an additional order. Edu- cation Code 37.009(j)

APPEALS A decision by the Board’s designee to expel a student may be appealed to the Board. If the hearing is not before the Board directly, the results and findings of the hearing should be presented in a report open to the student’s inspection. Education Code 37.009(f); Dixon v. Alabama State Bd. of Educ., 294 F.2d 150 (5th Cir. 1961), cert. denied, 368 U.S. 930 (1961)

RESTRICTIONS ON A court may not order an expelled student to attend a regular COURT ORDERS classroom, a regular campus, or the District DAEP as a condition of probation.

EXCEPTION A court may order a student to attend a regular classroom, a regular campus, or the District DAEP if the District has entered into a memorandum of understanding (MOU) with the juvenile board for the county in which the District’s central administrative office is located, concerning the juvenile probation department’s role in supervising and providing other support services for students in DA- EPs. Education Code 37.010(c)

DISTRICT In a county that operates a JJAEP, the District is responsible for RESPONSIBILITY FOR providing an immediate educational program to a student who en- EXPELLED STUDENT gages in behavior for which expulsion is permitted but not required under Education Code 37.007, but who is not eligible for admission into the JJAEP in accordance with an MOU. [See FODA]

CONTRACTING FOR The District may provide the program or the District may contract SERVICES with a county juvenile board, a private provider, or one or more other school districts to provide the program. Education Code 37.011(l)

RETURN TO CLASS On the recommendation of the placement review committee, or on EARLY / its own initiative, the District may readmit an expelled student while PERMISSIVE the student is completing any court disposition requirements. REQUIRED After an expelled student has successfully completed any court disposition requirements, including conditions of a deferred prosecution, or conditions required by the prosecutor or probation department, the District may not refuse to admit the student if the student meets the requirements for admission. [See FD] The District may place the student in a DAEP.

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STUDENT DISCIPLINE FOD EXPULSION (LEGAL)

The student may not be returned to the classroom of the teacher under whose supervision the offense occurred without that teacher’s consent. The teacher may not be coerced to consent. Education Code 37.010(f)

EXPELLED FROM If a student has been expelled from another school district, the ex- ANOTHER DISTRICT pelling district shall provide to the district in which the student enrolls a copy of the expulsion order and the referral to the authorized officer of the juvenile court. The district in which the student enrolls may continue the expulsion under the terms of the order, may place the student in a DAEP for the period specified by the expulsion order, or may allow the student to attend regular classes without completing the period of expulsion.

OUT-OF-STATE The District may take any of the above actions if the student was EXPULSION expelled by a district in another state if: 1. The out-of-state district provides a copy of the expulsion order; and 2. The grounds for the expulsion are also grounds for expulsion in the district in which the student is enrolling. Education Code 37.010(g) If the student was expelled for more than one year and the enrolling district continues the expulsion or places the student in a DAEP, the aggregate period of expulsion or placement may not exceed one year unless the district determines that: 1. The student is a threat to the safety of other students or to district employees; or 2. Extended placement is in the best interest of the student. Education Code 37.010(g-1)

Note: See FOF for provisions concerning expulsion of students with disabilities.

DATE ISSUED: 1/23/2008 8 of 8 UPDATE 82 FOD(LEGAL)-P Please Note: This manual does not have policies in all codes. The coding structure is common to all TASB manuals and is designed to accommodate expansion of both (LEGAL) and (LOCAL) policy topics and administrative regulations.

SECTION G: COMMUNITY AND GOVERNMENTAL RELATIONS

GA ACCESS TO PROGRAMS, SERVICES, AND ACTIVITIES

GB PUBLIC INFORMATION PROGRAM GBA Information Access GBAA Requests for Information GBB School Communications Program GBBA News Media Relations

GE RELATIONS WITH PARENT ORGANIZATIONS

GF PUBLIC COMPLAINTS

GK COMMUNITY RELATIONS GKA Conduct on School Premises GKB Advertising and Fund Raising in the Schools GKC Visitors to the Schools GKD Nonschool Use of School Facilities GKDA Distribution of Nonschool Literature GKE Business, Civic, and Youth Groups GKF Cultural Institutions GKG School Volunteer Program

GN RELATIONS WITH EDUCATIONAL ENTITIES GNA Other Schools and Districts GNB Regional Education Service Centers GNC Colleges and Universities GND State Education Agency GNE Education Accreditation Agencies

GR RELATIONS WITH GOVERNMENTAL ENTITIES GRA Local Governmental Authorities GRB County Governmental Authorities GRC Emergency Management

DATE ISSUED: 1/23/2008 1 of 1 UPDATE 82 G(LEGAL)-P

Humble ISD 101913

COMMUNITY RELATIONS GKA CONDUCT ON SCHOOL PREMISES (LEGAL)

TRESPASSING The Board or its authorized representative may refuse to allow persons having no legitimate business to enter on property under the Board’s control and may eject any undesirable person from the property on his or her refusal to leave peaceably on request. Iden- tification may be required of any person on the property. Education Code 37.105, 37.107

DISRUPTION OF A person commits a Class B misdemeanor if the person, alone or LAWFUL ASSEMBLY in concert with others, intentionally engages in disruptive activity on the campus or property of any school in the District.

DEFINITION Disruptive activity means: 1. Obstructing or restraining the passage of persons in an exit, entrance, or hallway of any building without the authorization of the administration of the school. 2. Seizing control of any building or portion of a building to interfere with any administrative, educational, research, or other authorized activity. 3. Preventing or attempting to prevent by force or violence or the threat of violence any lawful assembly authorized by the school administration so that a person attempting to participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur. 4. Disrupting by force or violence or the threat of force or violence a lawful assembly in progress. 5. Obstructing or restraining the passage of any person at an exit or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats thereof the ingress or egress of any person to or from the property or campus without the authorization of the administration of the school.

FREE SPEECH This provision shall not be construed to infringe upon any right of free speech or expression guaranteed by the constitutions of the United States or the state of Texas. Education Code 37.123

DISRUPTION OF A person commits a Class C misdemeanor if the person, on school CLASSES property or on public property within 500 feet of school property, alone or in concert with others, intentionally disrupts the conduct of classes or other school activities.

DEFINITIONS Disrupting the conduct of classes or other school activities includes:

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COMMUNITY RELATIONS GKA CONDUCT ON SCHOOL PREMISES (LEGAL)

1. Emitting noise of an intensity that prevents or hinders classroom instruction. 2. Enticing or attempting to entice a student away from a class or other school activity that the student is required to attend. 3. Preventing or attempting to prevent a student from attending a class or other school activity that the student is required to attend. 4. Entering a classroom without the consent of either the principal or teacher and, either through acts of misconduct or use of loud or profane language, disrupting class activities. For purposes of this provision, “school property” shall include the public school campuses or school grounds upon which any public school is located, and any grounds or buildings used by District schools for assemblies or other school-sponsored activities. For purposes of this provision, “public property” shall include any street, highway, alley, public park, or sidewalk. Education Code 37.124

TOBACCO The Board shall prohibit smoking or using tobacco products at a school-related or school-sanctioned activity on or off school property. Students are prohibited from possessing tobacco products at a school-related or school-sanctioned activity on or off school property. School personnel shall enforce these policies on school property. Education Code 38.006

SMOKING IN The District shall not permit smoking within any indoor facility used BUILDINGS for provision of routine or regular kindergarten, elementary, or secondary education or library services to children; or regular or routine health care or day care or early childhood development (Head Start) services to children or for the use of employees who provide such services. 20 U.S.C. 6083; 20 U.S.C. 7183

CRIMINAL A person commits an offense if he or she is in possession of a PENALTY burning tobacco product or smokes tobacco in a facility of a public school or an elevator.

DEFENSE It is a defense to prosecution that the District does not have promi- nently displayed a reasonably sized notice that smoking is prohibited by state law in such place and that an offense is punishable by a fine not to exceed $500.

FACILITIES FOR The District shall be equipped with facilities for extinguishment of EXTINGUISHMENT smoking materials. Penal Code 48.01(a)–(c)

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COMMUNITY RELATIONS GKA CONDUCT ON SCHOOL PREMISES (LEGAL)

ALCOHOL The Board shall prohibit the use of alcoholic beverages at school- related or school-sanctioned activities on or off school property. Education Code 38.007(a) [See FNCF]

INTOXICANTS The possession of any intoxicating beverage for consumption, sale, or distribution while on the grounds or in a building of any school in the District or while entering or inside any enclosure, field, or stadium where any athletic event sponsored or participated in by a school in the District is being held constitutes a Class C misdemeanor. Education Code 37.122

FIREARMS / WEAPONS A person commits an offense if the person knowingly, intentionally, or recklessly possesses or goes with a firearm, illegal knife, or prohibited weapon listed in Penal Code 46.05(a) onto the physical premises of a school or educational institution or any grounds or building in which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, unless pursuant to written regulations or written authorization of the District. Penal Code 46.03 [See also FNCG] “Premises,” for purposes of this policy, means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Penal Code 46.035(f)(3) A person commits a third degree felony if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally exhibits, uses or threatens to exhibit or use a firearm: 1. In or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or 2. On a school bus being used to transport children to and from school-sponsored activities. Education Code 37.125

CONCEALED A concealed handgun license holder commits an offense if the li- HANDGUN LICENSE cense holder carries a handgun on the property of another without HOLDER effective consent and received notice that entry on the property by a license holder with a concealed handgun was forbidden or that remaining on the property with a concealed handgun was forbidden and failed to depart. For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the

DATE ISSUED: 1/23/2008 3 of 5 UPDATE 82 GKA(LEGAL)-P Humble ISD 101913

COMMUNITY RELATIONS GKA CONDUCT ON SCHOOL PREMISES (LEGAL)

owner provides notice to the person by oral or written communication. “Written communication” means: 1. A card or other document on which is written language identi- cal to the following: “Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Gov- ernment Code (concealed handgun law), may not enter this property with a concealed handgun”; or 2. A sign posted on the property that includes the language described above in both English and Spanish, appears in con- trasting colors with block letters at least one inch in height; and is displayed in a conspicuous manner clearly visible to the public. An offense under this section is a Class A misdemeanor.

PREMISES It is an exception to the application of this law that the property on EXCEPTION which the license holder carries a handgun is owned or leased by the District and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Sec- tion 46.03 or 46.035. Penal Code 30.06 [See also FNCG]

INTERSCHOLASTIC A license holder commits an offense if the license holder intention- EVENTS ally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder’s person on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event. Penal Code 46.035(b)(2)

BOARD MEETINGS A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Government Code Chapter 411, Subchapter H, regardless of whether the handgun is concealed, at any meeting of the Board, if the license holder was given effective notice under Penal Code 30.06. Penal Code 46.035(c), (i)

DEFENSE TO It is a defense to prosecution under Penal Code 46.035(b) and (c) PROSECUTION [see INTERSCHOLASTIC EVENTS and BOARD MEETINGS, above] that the actor, at the time of the commission of the offense, was: 1. A judge or justice of a federal court;

DATE ISSUED: 1/23/2008 4 of 5 UPDATE 82 GKA(LEGAL)-P Humble ISD 101913

COMMUNITY RELATIONS GKA CONDUCT ON SCHOOL PREMISES (LEGAL)

2. An active judicial officer, as defined by Section 411.201, Gov- ernment Code; 3. A district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney; or 4. A bailiff designated by the active judicial officer and engaged in escorting the officer. Penal Code 46.035(h-1)

FIREWORKS A person may not explode or ignite fireworks within 600 feet of any school unless the person receives authorization in writing from the school. Occupations Code 2154.251(a)(1)

DATE ISSUED: 1/23/2008 5 of 5 UPDATE 82 GKA(LEGAL)-P Humble ISD 101913

NONSCHOOL USE OF SCHOOL FACILITIES GKDA DISTRIBUTION OF NONSCHOOL LITERATURE (LOCAL)

DISTRIBUTION OF Written or printed materials, handbills, photographs, pictures, films, NONSCHOOL tapes, or other visual or auditory materials not sponsored by the LITERATURE District or by a District-affiliated school-support organization shall PERMITTED not be sold, circulated, distributed, or posted on any District premises by any District employee or by persons or groups not associated with the District, except in accordance with this policy. The District shall not be responsible for, nor shall the District endorse, the contents of any nonschool literature distributed on any District premises. [See CPAB regarding use of the District’s internal mail system and FNAA regarding distribution of nonschool literature by students]

LIMITATIONS ON Nonschool literature shall not be distributed on District property if: CONTENT 1. The materials are obscene, vulgar, or otherwise inappropriate for the age and maturity of the audience. 2. The materials endorse actions endangering the health or safety of students. 3. The materials promote illegal use of drugs, alcohol, or other controlled substances. 4. The distribution of such materials would violate the intellectual property rights, privacy rights, or other rights of another person. 5. The materials contain defamatory statements about public figures or others. 6. The materials advocate imminent lawless or disruptive action and are likely to incite or produce such action. 7. The materials are hate literature or similar publications that scurrilously attack ethnic, religious, or racial groups or contain content aimed at creating hostility and violence; and the materials would materially and substantially interfere with school activities or the rights of others. 8. There is reasonable cause to believe that distribution of the nonschool literature would result in material and substantial interference with school activities or the rights of others.

PRIOR REVIEW All nonschool literature intended for distribution on school campuses or other District premises under this policy shall be submitted to the Superintendent or designee for prior review in accordance with the following: 1. Materials shall include the name of the person or organization sponsoring the distribution. DATE ISSUED: 1/23/2008 1 of 2 UPDATE 82 GKDA(LOCAL)-X Humble ISD 101913

NONSCHOOL USE OF SCHOOL FACILITIES GKDA DISTRIBUTION OF NONSCHOOL LITERATURE (LOCAL)

2. Using the standards found in this policy at LIMITATIONS ON CONTENT, the Superintendent or designee shall approve or reject submitted materials within one week of the time the materials were received.

EXCEPTIONS TO Prior review shall not be required for distribution of nonschool lit- PRIOR REVIEW erature in the following circumstances: 1. Distribution of materials by an attendee to other attendees at a school-sponsored meeting intended for adults and held after school hours; 2. Distribution of materials by an attendee to other attendees at a community group meeting held in accordance with GKD (LOCAL) or a noncurriculum-related student group meeting held in accordance with FNAB(LOCAL); or 3. Distribution for electioneering purposes during the time a school facility is being used as a polling place in accordance with state law [see BBB]. All nonschool literature distributed under these exceptions shall be removed from District property immediately following the event at which the materials were distributed. Even when prior review is not required, all other provisions of this policy shall apply.

TIME, PLACE, AND Each campus principal shall designate times, locations, and means MANNER by which nonschool literature that is appropriate for distribution, as RESTRICTIONS provided in this policy, may be made available or distributed to students or others at the principal’s campus. The Superintendent or designee shall designate times, locations, and means for distribution of nonschool literature at District facilities other than school campuses, in accordance with this policy.

VIOLATIONS OF Failure to comply with this policy regarding distribution of non- POLICY school literature shall result in appropriate administrative action, including but not limited to confiscation of nonconforming materials and/or suspension of use of District facilities. Appropriate law enforcement officials may be called if a person refuses to comply with this policy or fails to leave the premises when asked. [See GKA]

APPEALS Decisions made by the administration in accordance with this policy may be appealed in accordance with the appropriate District complaint policy. [See DGBA or GF]

DATE ISSUED: 1/23/2008 ADOPTED: 2 of 2 UPDATE 82 GKDA(LOCAL)-X Humble ISD 101913

RELATIONS WITH EDUCATIONAL ENTITIES GND STATE EDUCATION AGENCY (LEGAL)

ACCREDITATION Each district must be accredited by TEA. Accreditation shall be REQUIRED determined in accordance with the Education Code. Education Code 11.001, 39.071

ACADEMIC The State Board shall adopt a set of indicators of the quality of EXCELLENCE learning on a campus. Campus and District performance on the INDICATORS indicators shall be compared to state-established standards and the degree of change from one school year to the next on each indicator shall also be considered. The indicators must be based on information that is disaggregated by race, ethnicity, gender, and socioeconomic status and shall include: 1. The results of certain state assessment instruments aggregated by grade level and subject area. 2. Dropout and completion rates, including dropout rates and District completion rates for grade levels 9 through 12 computed in accordance with standards and definitions adopted by the National Center for Education Statistics of the United States Department of Education [see CFC]. 3. High school graduation rates computed in accordance with standards and definitions adopted in compliance with the No Child Left Behind Act of 2001. 4. Student attendance rates. 5. The percentage of graduating students who attain scores on the questions developed for end-of-course assessment instruments under Education Code 39.0233(a) that are equivalent to a passing score on the TASP, administered by state institutions of higher education. 6. The percentage of graduating students who meet the course requirements established by the State Board for the recommended high school program. 7. The results of the Scholastic Assessment Test (SAT), the American College Test (ACT), articulated postsecondary degree programs described by Education Code 61.852, and certified workforce training programs described by Labor Code Chapter 311. 8. The percentage of students, aggregated by grade level, provided accelerated instruction under Education Code 28.0211(c), the results of assessments administered under that section, the percentage of students promoted through the grade placement committee process under Education Code 28.0211, the subject of the assessment instrument on which each student failed to perform satisfactorily, and the perform-

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ance of those students in the school year following that promotion on the state assessment instruments. 9. For students who have failed to perform satisfactorily on a state assessment instrument, the numerical progress of those students grouped by percentage on subsequent assessment instruments, aggregated by grade level and subject area. 10. The percentage of students exempted, by exemption category, from the assessment program. 11. The percentage of students of limited English proficiency exempted from the administration of an assessment instrument under Education Code 39.027(a)(3) and (4). 12. The percentage of students in a special education program under Subchapter A, Chapter 29, assessed through assessment instruments developed or adopted under Education Code 39.023(b). 13. The measure of progress toward preparation for postsecondary success. 14. The measure of progress toward dual language proficiency under Education Code 39.034(b) for students of limited Eng- lish proficiency. Education Code 39.051(a), (b) Performance on the indicators at items 1, 2, 3, 8, 9, and 14 must be based on longitudinal student data that is disaggregated by the bilingual education or special language program, if any, in which students of limited English proficiency, as defined by Education Code 29.052, are or former students of limited English proficiency were enrolled. If such a student is not or was not enrolled in spe- cialized language instruction, the number and percentage of those students shall be provided. Education Code 39.051(b-1) Performance on the indicator at item 1 above shall be compared to state standards, required improvement, and comparable improvement, as established by the Commissioner. Required improvement is the progress necessary for a campus or the District to meet state standards and for its students to meet exit requirements; comparable improvement is derived by measuring campuses and the Dis- trict against a profile developed from a total state student performance data base that exhibits substantial equivalence to the characteristics of students served by a campus or district, including past academic performance, socioeconomic status, ethnicity, and limited English proficiency. Education Code 39.051(c) Annually, the Commissioner shall define exemplary, recognized, and unacceptable performance on indicators at items 1 through 7 DATE ISSUED: 1/23/2008 2 of 8 UPDATE 82 GND(LEGAL)-P Humble ISD 101913

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and shall project the standards for each level of performance for succeeding years. For the indicator at item 8 above, the Commis- sioner shall define exemplary, recognized, and unacceptable performance based on student performance for the period covering both the current and the preceding academic years. Education Code 39.051(d); 19 TAC 97.1001(a) The indicators, standards, and procedures used to determine ratings under both standard and alternative education accountability procedures established by the Commissioner shall be annually published in official TEA publications and shall cover the following: 1. Indicators, standards, and procedures used to determine Dis- trict ratings; 2. Indicators, standards, and procedures used to determine campus ratings; 3. Indicators, standards, and procedures used to determine ac- knowledgement on additional indicators; and 4. Procedures for submitting a rating appeal. 19 TAC 97.1001(a)

ACCREDITATION The District’s accreditation is based primarily on: CRITERIA 1. The District’s overall performance by all student populations PRIMARY and on the performance of each of its individual campuses, as demonstrated on the state-adopted Academic Excellence In- dicator System (AEIS) and other indicators of student performance. 2. The District’s current special education compliance status with TEA. Use of the AEIS in the rating system shall include consideration of campus and District performance in relation to the state standard for each indicator, required improvement, and comparable improvement. Consideration of the effectiveness of the District’s special population and career and technology programs must be based on data collected through the Public Education Information Management System (PEIMS) for purposes of accountability and include the results of assessments required under Education Code 39.023. Education Code 39.072(b), (c); 19 TAC 97.1(b), (c), 97.3

OTHER Other criteria for accreditation include: 1. Statutory Requirements

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2. State Board of Education rules 3. Applicable court orders 4. Reporting data through PEIMS 5. High school graduation requirements 6. Effectiveness of career and technology programs 7. Effectiveness of programs for special populations 8. Extracurricular activities 9. Health and safety 10. Purchasing 11. Elementary school class size limits 12. Removal of a disruptive student from the classroom 13. At-risk programs 14. Prekindergarten programs 19 TAC 97.1(b), (c)

INTERNET A district that maintains an Internet Web site shall, not later than DISSEMINATION the tenth day of instruction of each school year, make the information contained in the most recent performance rating of the District, as determined under Education Code 39.072, and a definition and explanation of each performance rating described by Education Code 39.072(a) available to the public on the Web site. Education Code 39.252

ACCREDITATION The Commissioner of Education shall determine the frequency of INVESTIGATIONS on-site visits and the level of investigative review needed, according to annual comprehensive analyses of student performance and equity in relation to the academic excellence indicators. Education Code 39.074(b) The Commissioner shall authorize special accreditation investigations to be conducted: 1. When excessive numbers of students eligible to be tested in the state assessment program are absent from testing. 2. When excessive numbers of students are exempted from required state assessment instruments. 3. In response to complaints alleging violations of civil rights or other requirements imposed on the state by federal law or court order.

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4. In response to established compliance reviews of the District’s financial accounting practices and state and federal program requirements. 5. When extraordinary numbers of students are placed in disciplinary alternative education programs, other than placements under Education Code 37.006 (required removal) or 37.007 (expulsion). 6. In response to an allegation involving a conflict between members of the Board or between the Board and District administration, if it appears that the conflict involves a violation of a role or duty, clearly defined in the Education Code, of the Board or the administration. 7. When excessive numbers of students in special education programs under Education Code Chapter 29, Subchapter A, are assessed through assessment instruments developed or adopted under Education Code 39.023(b). 8. In response to an allegation regarding or an analysis using a statistical method result indicating a possible violation of an assessment instrument security procedure established under Education Code 39.0301, including for the purpose of investigating or auditing the District under that section. 9. As the Commissioner otherwise determines necessary. Education Code 39.075(a)

PAPERWORK The Commissioner may authorize special accreditation investiga- REQUIREMENTS tions to be conducted in response to repeated complaints submitted to TEA concerning imposition of excessive paperwork requirements on classroom teachers. Education Code 39.075(b-1)

INVESTIGATION TEA shall adopt written procedures for conducting on-site investi- PROCEDURES gation and shall make the procedures available to the complainant, the alleged violator, and the public. Education Code 39.076(a)

REVISION OF Ratings may be revised as a result of investigative activities by the RATINGS Commissioner. 19 TAC 97.100(c)

ACCREDITATION TEA shall evaluate the District’s performance and rate it for ac- RATINGS creditation purposes as: 1. Exemplary (meets or exceeds state exemplary standards). 2. Recognized (meets or exceeds the state standards and meets required improvement). 3. Academically acceptable (exceeds academically unacceptable, but is below exemplary and recognized).

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4. Academically unacceptable (fails to achieve the standard of acceptable performance). Education Code 39.072; 19 TAC 97.1(a), 97.2

GOLD PERFORMANCE In addition to District and campus performance ratings, the Com- RATINGS missioner shall develop a gold performance rating program based on enhanced performance. Under the gold performance rating program, a district or campus rated exemplary is eligible for an exemplary gold rating, a district or campus rated recognized is eligible for a recognized gold rating, and a district or campus rated academically acceptable is eligible for an academically acceptable gold rating. The performance standards on which a gold performance rating is based should include: 1. Student proficiency on state assessment instruments and other measures of proficiency determined by the Commis- sioner; 2. Student performance on one or more nationally recognized norm-referenced assessment instruments; 3. Improvement in student performance; 4. In the case of middle or junior high school campuses, student proficiency in mathematics, including algebra; and 5. In the case of high school campuses: a. The extent to which graduating students are academically prepared to attend institutions of higher education; b. The percentage of students who take advanced placement tests and student performance on those tests; and c. The percentage of students who take and successfully complete advanced academic courses or college-level course work offered through dual credit programs provided under agreements between high schools and institutions of higher education. Education Code 39.0721

EXCELLENCE Except as provided below, a school campus or district that is rated EXEMPTIONS exemplary is exempt from requirements and prohibitions imposed and rules adopted by the State Board under the Education Code. A school campus or the District shall not be exempt from a prohibition on conduct that constitutes a criminal offense. A school campus or the District shall not be exempt from requirements imposed by federal law or rule, including requirements for special education

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RELATIONS WITH EDUCATIONAL ENTITIES GND STATE EDUCATION AGENCY (LEGAL)

or bilingual education programs. A school campus or the District shall not be exempt from a requirement or prohibition imposed by state law or rule relating to: 1. Curriculum essential knowledge and skills or minimum graduation requirements 2. Public school accountability 3. Extracurricular activities 4. Health and safety 5. Competitive bidding 6. Elementary school class size limits, except as provided below 7. Removal of a disruptive student from the classroom 8. At-risk program 9. Prekindergarten programs 10. Rights and benefits of school employees 11. Special education programs under Education Code Chapter 29, Subchapter A 12. Bilingual education programs under Education Code Chapter 29, Subchapter B ELEMENTARY The Commissioner may exempt an exemplary school campus from CLASS SIZE elementary class size limits under this section if the school campus submits to the Commissioner a written plan showing steps that will be taken to ensure that the exemption from the class size limits will not be harmful to the academic achievement of the students on the school campus. The Commissioner shall review achievement levels annually. The exemption remains in effect until the Commis- sioner determines that achievement levels of the campus have declined. [See BF] Education Code 39.112

CONFINED A student confined by court order in a residential program or facility STUDENTS operated by or under contract with the Texas Youth Commission, Texas Juvenile Probation Commission, or any other governmental entity, including a juvenile board, is not considered to be a student of the school district in which the program or facility is physically located. The performance of such a student on an assessment instrument or other academic excellence indicator shall be determined, reported, and considered separately from the performance of students attending a school of the district in which the program or facility is physically located. Education Code 39.072(d)

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RELATIONS WITH EDUCATIONAL ENTITIES GND STATE EDUCATION AGENCY (LEGAL)

IMPROVEMENT PLAN If the District or a campus is required to develop and implement a EXEMPTION student achievement improvement plan because it does not satisfy accreditation criteria, it may request from the Commissioner and be granted an exemption or waiver from any law or rule other than a prohibition on conduct that constitutes a criminal offense, a requirement imposed by federal law or rule, or a requirement or prohibition imposed by state law or rule relating to accountability, educator rights and benefits, or textbook selection. Education Code 7.056(f)

CHARACTER PLUS TEA shall, based on data reported by districts, annually designate SCHOOL as a Character Plus School each school that provides a character education program that meets the prescribed criteria and is approved by the committee selected by the District. Education Code 29.906(e)(2) [See EHBK]

DATE ISSUED: 1/23/2008 8 of 8 UPDATE 82 GND(LEGAL)-P Humble ISD 101913

RELATIONS WITH GOVERNMENTAL ENTITIES GR (LEGAL)

INTERLOCAL In order to increase the efficiency and effectiveness of District op- COOPERATION erations and government, the District may contract, to the extent it CONTRACTS deems feasible, with other school districts, local governments, and agencies of the state to study the feasibility of the performance of a governmental function or service by interlocal contract or to provide a governmental function or service that each party to the contract is authorized to perform individually. Gov’t Code 791.001, 791.011(c) An interlocal contract must be authorized by the Board and the governing body of each contracting party; must state the purpose, terms, rights, and duties of the contracting parties; and must specify that each party paying for the performance of governmental functions or services shall make those payments from current revenues available to the paying party. An interlocal contractual payment must be in an amount that fairly compensates the performing party for the services or functions performed under the contract. The contract may be renewed annually. Gov’t Code 791.011(d)–(f)

COOPERATIVE The District may participate in a cooperative purchasing program PURCHASING with another local government or a local cooperative organization. PROGRAM If the District does so, it may sign an agreement with another participating local government or a local cooperative organization as described at CH(LEGAL). Local Gov’t Code 271.102

NURSING SERVICES The District may contract with a hospital district in which the District is located to provide nursing services and assistance to employees or students of the District. Health and Safety Code 281.0465

TRANSPORTATION The Board may establish and operate an economical public school SYSTEM transportation system outside the county or District, as applicable, if the county or District enters into an interlocal contract as provided by Government Code Chapter 791. Education Code 34.007(a)

DATE ISSUED: 1/23/2008 1 of 1 UPDATE 82 GR(LEGAL)-P Humble ISD 101913

RELATIONS WITH GOVERNMENTAL ENTITIES GRA LOCAL GOVERNMENTAL AUTHORITIES (LEGAL)

REPORTS TO LOCAL The principal, or a school employee under his or her supervision LAW ENFORCEMENT who is designated by the principal, shall notify the District police department (if one exists) and the police department of the municipality in which the school is located, or, if the school is not in a municipality, the sheriff of the county in which the school is located, if the principal has reasonable grounds to believe that any of the following activities occur in school, on school property, or at a school- sponsored or school-related activity on or off school property, without regard to whether the activity is investigated by school security officers: 1. Conduct that may constitute an offense listed in Government Code 508.149; deadly conduct, as described by Penal Code 22.05; or a terroristic threat, as described by Penal Code 22.07. [See GRA(EXHIBIT)] 2. The use, sale, or possession of a controlled substance, drug paraphernalia, or marijuana, as defined by Health and Safety Code 481. 3. The possession of any of the weapons or devices listed in Penal Code 46.01(1)–(14) or (16). [See FNCG] 4. The possession of a weapon as defined by 18 U.S.C. Section 921, in accordance with the Gun-Free Schools Act. [See FOD] 5. Conduct that may constitute a criminal offense under Penal Code 71.02, Engaging in Organized Criminal Activity. [See GRA(EXHIBIT)] 6. Conduct that may constitute a criminal offense for which a student may be expelled under Education Code 37.007(a), (d), or (e). The report shall include the name and address of each student the person believes may have participated in the activity, but is not required if the person reasonably believes that the activity does not constitute a criminal offense. Education Code 37.015, 37.007(e) REPORTS TO The Superintendent or designee may disclose information con- JUVENILE JUSTICE tained in a student’s educational records to a juvenile justice AGENCY agency if the disclosure is under an interagency agreement authorized by Family Code 58.0051. The District is not required or authorized to release student-level information except in conformity with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g). [See FL] Education Code 37.084

DATE ISSUED: 1/23/2008 1 of 7 UPDATE 82 GRA(LEGAL)-P Humble ISD 101913

RELATIONS WITH GOVERNMENTAL ENTITIES GRA LOCAL GOVERNMENTAL AUTHORITIES (LEGAL)

STUDENTS TAKEN The District shall permit a student to be taken into custody: INTO CUSTODY 1. Pursuant to an order of the juvenile court. 2. Pursuant to the laws of arrest. 3. By a law enforcement officer if there is probable cause to believe the student has engaged in delinquent conduct or conduct in need of supervision. 4. By a probation officer if there is probable cause to believe the student has violated a condition of probation imposed by the juvenile court. 5. Pursuant to a properly issued directive to apprehend. 6. By an authorized representative of Child Protective Services (CPS), Texas Department of Family and Protective Services (DFPS), a law enforcement officer, or a juvenile probation officer, without a court order, under the conditions set out in Fam- ily Code 262.104 relating to the student’s physical health or safety. Family Code 52.01, 262.104

STUDENTS IN A person taking a child into custody, without unnecessary delay CUSTODY and without first taking the child to any place other than a juvenile processing office designated under Family Code 52.025, may, if school is in session, bring the child to the school campus to which the child is assigned if the principal, the principal’s designee, or a peace officer assigned to the campus agrees to assume responsibility for the child for the remainder of the school day. Family Code 52.02(a)(7)

NOTICE FROM LAW A law enforcement agency that arrests any person or refers a child ENFORCEMENT to the office or official designated by the juvenile board who the ARREST OF agency knows or believes is enrolled as a student in a public pri- STUDENT mary or secondary school shall orally notify the superintendent or designee in the district in which the student is enrolled or believed to be enrolled of that arrest or referral within 24 hours after the arrest or referral is made, or on the next school day. Within seven days after oral notice is given, the law enforcement agency shall mail written notice. Both the oral and written notice shall contain sufficient details of the arrest or referral and the acts allegedly committed by the student to enable the Superintendent or the Su- perintendent’s designee to determine whether there is a reasonable belief that the student has engaged in conduct defined as a felony offense by the Penal Code. The information contained in the notice may be considered by the Superintendent or designee in making such a determination. This notice shall be made only if the

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RELATIONS WITH GOVERNMENTAL ENTITIES GRA LOCAL GOVERNMENTAL AUTHORITIES (LEGAL)

student has been arrested or referred for committing an offense specified at REPORTABLE OFFENSES. Code of Criminal Proce- dure 15.27(a)

NOTICE OF On conviction, deferred prosecution, deferred adjudication, or ad- DISPOSITION OF judication of delinquent conduct of a student, for an offense or for CHARGES any conduct specified at REPORTABLE OFFENSES, the office of the prosecuting attorney shall orally and in writing notify the Super- intendent or designee of the conviction, deferred prosecution, deferred adjudication, or adjudication and whether the student is required to register as a sex offender. Code of Criminal Procedure 15.27(b) The office of the prosecuting attorney or the office or official designated by the juvenile board shall, within two working days, notify the district that removed a student to a disciplinary alternative education program, if: 1. Prosecution of the student’s case was refused for lack of prosecutorial merit or insufficient evidence and no formal proceedings, deferred adjudication, or deferred prosecution will be initiated; or 2. The court or jury found the student not guilty or made a find- ing the child did not engage in delinquent conduct or conduct indicating a need for supervision and the case was dismissed with prejudice. Code of Criminal Procedure 15.27(g)

SEX OFFENDER The local law enforcement authority shall immediately provide notice to the superintendent of the district in which the person subject to registration under the Sex Offender Registration Program intends to reside, by mail to the office of the Superintendent, as set out below.

LAW ENFORCEMENT A local law enforcement authority shall provide notice to the Super- NOTICE TO intendent only if: SUPERINTENDENT 1. The victim was at the time of the offense a child younger than 17 years of age or a student enrolled in a public or private secondary school; 2. The person subject to registration is a student enrolled in a public or private secondary school; or 3. The basis on which the person is subject to registration is a conviction, a deferred adjudication, or an adjudication of delinquent conduct for an offense under Penal Code 43.25 (Sexual Performance by a Child) or 43.26 (Possession or

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RELATIONS WITH GOVERNMENTAL ENTITIES GRA LOCAL GOVERNMENTAL AUTHORITIES (LEGAL)

Promotion of Child Pornography), or a substantially similar offense A local law enforcement authority may not provide notice to the Superintendent if the basis for the notice is a conviction, a deferred adjudication, or an adjudication of delinquent conduct for an offense under Section 25.02, Penal Code (Prohibited Sexual Con- duct, relating to incest), or a substantially similar offense. Code of Criminal Procedure 62.054

NOTICE TO The Superintendent shall promptly notify all instructional and sup- PERSONNEL port personnel who have responsibility for supervising a student ARREST OF who has been arrested or taken into custody as provided by a law STUDENT enforcement agency. All personnel shall keep the information received confidential. The Superintendent or designee may send to an employee having direct supervisory responsibility over the student the information contained in the confidential notice of the student’s arrest or referral as provided by the law enforcement agency if the Superinten- dent or designee determines that the employee needs the information for educational purposes or for the protection of the person informed or others. Code of Criminal Procedure 15.27(a), (a-1)

CONVICTION OR When the Superintendent or designee receives information from a ADJUDICATION OF prosecuting attorney of a student’s conviction, deferred prosecu- STUDENT tion, deferred adjudication, or adjudication of delinquent conduct for an offense specified at REPORTABLE OFFENSES, the Super- intendent or designee shall, within 24 hours of receiving notification from the office of the prosecuting attorney, notify all instructional and support personnel who have regular contact with the student. Code of Criminal Procedure 15.27(b)

SEX OFFENDER On receipt of the notice from law enforcement regarding a registered sex offender, the Superintendent shall release the information contained in the notice to appropriate District personnel, including peace officers and security personnel, principals, nurses, and counselors. Code of Criminal Procedure 62.053(e), 62.055(f)

REPORTABLE The following are reportable offenses for purposes of this policy: OFFENSES 1. Any felony offense; and 2. The following misdemeanors: a. An offense under Penal Code 20.02 (Unlawful Re- straint), 21.08 (Indecent Exposure), 22.01 (Assault),

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RELATIONS WITH GOVERNMENTAL ENTITIES GRA LOCAL GOVERNMENTAL AUTHORITIES (LEGAL)

22.05 (Deadly Conduct), 22.07 (Terroristic Threat), or 71.02 (Engaging in Organized Criminal Activity); b. The unlawful use, sale, or possession of a controlled substance, drug paraphernalia, or marijuana, as defined by Health and Safety Code Chapter 481; and c. The unlawful possession of any of the weapons or devices listed in Penal Code 46.01(1)–(14) or (16), or a weapon listed as a prohibited weapon under Penal Code 46.05. Code of Criminal Procedure 15.27(h)

JUVENILE JUSTICE Juvenile justice agencies in a county or region of Texas may jointly INFORMATION create and maintain a local juvenile justice information system in SYSTEM accordance with Family Code Chapter 58, Subchapter D. A local juvenile justice information system shall include each public school district in the county. Family Code 58.303, 58.305 Districts that are served by a local juvenile justice information system shall have Level 1 Access. Level 1 Access is information that relates to a child: 1. Who: a. A school official has reasonable grounds to believe has committed an offense for which a report is required under Education Code 37.015; or b. Has been expelled, the expulsion of which is required to be reported under Family Code 52.041; and 2. Who has not been charged with a fineable only offense, a status offense, or delinquent conduct. Family Code 58.306 Information that is part of a local juvenile justice information system is not public information and may not be released, except as authorized by law. Family Code 58.307

CPS INVESTIGATIONS A school official may not refuse to permit a CPS investigator to in- AT SCHOOL terview at school a student who is alleged to be a victim of abuse or neglect under Family Code 261. A school official may not require the CPS investigator to permit District personnel to be present at a student interview conducted at school. Family Code 261.302(b), 261.303(a); Atty. Gen. Op. DM-476 (1998) A person that has confidential locating or identifying information regarding a family that is the subject of a CPS investigation shall release that information to DFPS on request. The release of infor- DATE ISSUED: 1/23/2008 5 of 7 UPDATE 82 GRA(LEGAL)-P Humble ISD 101913

RELATIONS WITH GOVERNMENTAL ENTITIES GRA LOCAL GOVERNMENTAL AUTHORITIES (LEGAL)

mation to DFPS as required by this subsection by a person is not subject to Government Code 552.352 or any other law providing liability for the release of confidential information. Family Code 261.303(e)

CPS INVESTIGATIONS On receipt of a report of alleged or suspected child abuse or ne- OF SCHOOLS glect in a public school, DFPS shall perform an investigation as provided by Family Code 261. Investigations of school personnel or volunteers for child abuse or neglect shall be conducted by CPS in accordance with the procedures adopted in DFPS rule. Family Code 261.406; 40 TAC 700.401–413

NOTIFICATION TO Prior to conducting an investigation of school personnel or volun- PRINCIPAL teers, CPS shall notify the school principal (or the principal’s supervisor if the school principal is an alleged perpetrator) of the fact that a report has been assigned for investigation, the nature of the allegations contained in the report, and the date and time when the investigator plans to visit the school campus to begin the investigation. The CPS investigator must request that the school principal (or the principal’s supervisor) not alert the alleged perpetrator or others regarding the report until the investigator has first had an opportunity to interview the alleged perpetrator. 40 TAC 700.407

CONDUCTING School officials or other persons related to the school setting may INTERVIEWS not interfere with an investigation of a report of child abuse or neglect conducted by DFPS. Interviews and examinations in a school investigation may take place on or off the school premises, as deemed appropriate by the CPS investigator, provided the investigator notifies the school principal (or that individual’s supervisor in the event that the principal is the alleged perpetrator) prior to conducting an interview or examination on school premises.

PARTICIPANTS CPS may request that school personnel or volunteers not be present during the interview or examination of an alleged victim, an alleged perpetrator, an adult or child witness, or any other person who may have information relevant to the investigation if the investigator determines that: 1. The presence of school personnel or volunteers would com- promise the integrity of the investigation; or 2. A better interview or examination of the child would result without school personnel or volunteers being present. Family Code 261.303; 40 TAC 700.409(a)

DATE ISSUED: 1/23/2008 6 of 7 UPDATE 82 GRA(LEGAL)-P Humble ISD 101913

RELATIONS WITH GOVERNMENTAL ENTITIES GRA LOCAL GOVERNMENTAL AUTHORITIES (LEGAL)

REPORT OF After DFPS has closed the school investigation, CPS shall provide FINDINGS a report of the investigation to TEA, SBEC, the Board President, and the school principal, unless the principal is the alleged perpetrator. CPS need not provide a report of the investigation if a report of abuse or neglect is closed administratively prior to notification to any school official that a report was received by DFPS. 40 TAC 700.411(a), (d)

NOTICE FROM A residential facility, unless the facility is an open-enrollment char- RESIDENTIAL ter school, shall notify the district in which the facility is located not FACILITY later than the third day after the date a person three years of age or older is placed in a residential facility. Education Code 5.001, 29.012(a)

MUNICIPAL A municipality that proposes to annex an area shall provide written ANNEXATION notice of the proposed annexation to each public school district located in the area proposed for annexation within the period prescribed for publishing the notice of the first annexation hearing. The municipality may not proceed with the annexation unless it provides the required notice. Local Gov’t Code 43.905

SCHOOL CROSSING A municipality with a population greater than 850,000 may contract GUARDS with one or more school districts to provide school crossing guards. Under such a contract, the District may provide school crossing guard services to areas of the municipality that are not part of the District. Local Gov’t Code 343.012

VISITING SCHOOL “School resource officer” means a peace officer who is licensed RESOURCE OFFICER under Occupations Code Chapter 1701 and assigned by the officer’s employing political subdivision to provide: 1. A police presence at a public school; 2. Safety or drug education to students; or 3. Other similar services. Occupations Code 1701.601, 1701.602

DATE ISSUED: 1/23/2008 7 of 7 UPDATE 82 GRA(LEGAL)-P Humble ISD 101913

RELATIONS WITH GOVERNMENTAL ENTITIES GRC EMERGENCY MANAGEMENT (LEGAL)

MUTUAL AID A district that maintains the capability to provide mutual aid may render mutual aid to other local government entities under mutual aid agreements or the Texas Statewide Mutual Aid System. Gov’t Code 418.107(c) The District may provide mutual aid assistance on request from another local government entity or organized volunteer group. The Superintendent, with the approval and consent of the Board Presi- dent, may provide that assistance while acting in accordance with the policies, ordinances, and procedures established by the Board. Gov’t Code 418.109(d)

DEFINITIONS “Local government entity” means a county, incorporated city, inde- LOCAL pendent school district, emergency services district, other special GOVERNMENT district, joint board, or other entity defined as a political subdivision ENTITY under the laws of this state that maintains the capability to provide mutual aid. MUTUAL AID “Mutual aid” means a homeland security activity, as defined by Government Code 421.001, performed under the system or a written mutual aid agreement. Gov’t Code 418.004

REQUESTS FOR A request for mutual aid assistance may be submitted verbally or in ASSISTANCE writing. If a request is submitted verbally, it must be confirmed in writing not later than the 30th day after the date the request was made. Gov’t Code 418.115

ABILITY TO RENDER When contacted with a request for mutual aid assistance, the Dis- ASSISTANCE trict shall assess local resources to determine availability of personnel, equipment, and other assistance to respond to the request. A responding local government entity may provide assistance to the extent personnel, equipment, and resources are determined to be available. A local government entity is not required to provide mutual aid assistance unless the entity determines that the entity has sufficient resources to provide assistance, based on current or anticipated events in its jurisdiction. Gov’t Code 418.1151

SUPERVISION AND When providing mutual aid assistance under the system: CONTROL 1. The response effort must be organized and function in accordance with the National Incident Management System guidelines; 2. The personnel, equipment, and resources of the District being used in the response effort are under the operational control

DATE ISSUED: 1/23/2008 1 of 4 UPDATE 82 GRC(LEGAL)-P Humble ISD 101913

RELATIONS WITH GOVERNMENTAL ENTITIES GRC EMERGENCY MANAGEMENT (LEGAL)

of the requesting local government entity unless otherwise agreed; 3. Direct supervision and control of personnel, equipment, and resources and personnel accountability remain the responsibility of the designated supervisory personnel of the District; 4. The designated supervisory personnel of the District shall: a. Maintain daily personnel time records, material records, and a log of equipment hours; b. Be responsible for the operation and maintenance of the equipment and other resources furnished by the District; and c. Report work progress to the requesting local government entity; 5. The District’s personnel and other resources are subject to recall at any time, subject to reasonable notice to the requesting local government entity. Gov’t Code 418.1152

DURATION OF AID The provision of mutual aid assistance under the system may continue until: 1. The services of the District are no longer required; or 2. The District determines that further assistance should not be provided. Gov’t Code 418.1153

EMPLOYEE RIGHTS A person assigned, designated, or ordered to perform duties by the AND PRIVILEGES district employing the person in response to a request under the Texas Statewide Mutual Aid System is entitled to receive the same wages, salary, pension, and other compensation and benefits, including injury or death benefits, disability payments, and workers’ compensation benefits, for the performance of the duties under the system as though the services were rendered for the entity employing the person. The district employing the person is responsible for the payment of wages, salary, pension, and other compensation and benefits associated with the performance of duties under the system. Gov’t Code 418.116

REIMBURSEMENT If the division of emergency management in the office of the gover- OF COSTS nor requests the provision of assistance and the District responds,

DATE ISSUED: 1/23/2008 2 of 4 UPDATE 82 GRC(LEGAL)-P Humble ISD 101913

RELATIONS WITH GOVERNMENTAL ENTITIES GRC EMERGENCY MANAGEMENT (LEGAL)

the state shall reimburse the actual costs of providing assistance, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred by the District. A request for reimbursement made to the division must be made in accordance with procedures developed by the division. Gov’t Code 418.118 If a local government entity requests mutual aid assistance from the District under the system, the requesting local government entity shall reimburse the actual costs of providing mutual aid assistance to the District, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred by the District in response to a request for reimbursement. Local government entities with a mutual aid agreement when the request for mutual aid assistance is made are subject to the agreement’s terms of reimbursement, as provided by Government Code 418.111. Gov’t Code 418.1181

EMERGENCY This section applies only to an appointed public officer: MANAGEMENT TRAINING 1. Whose position description, job duties, or assignment includes emergency management responsibilities; or 2. Who plays a role in emergency preparedness, response, or recovery. An appointed public officer shall complete a course of training provided or approved by the division of emergency management in the office of the governor of not less than three hours regarding the responsibilities of state and local governments under Government Code Chapter 418 not later than the 180th day after the date the person: 1. Takes the oath of office, if the person is required to take an oath of office to assume the person’s duties as an appointed public officer; or 2. Otherwise assumes responsibilities as an appointed public officer, if the person is not required to take an oath of office to assume the person’s duties. The division or other entity providing the training shall provide a certificate of course completion to public officers who complete the training required by this section. A public officer who completes the training required by this section shall maintain and make available for public inspection the record of the public officer’s completion of the training. Not later than January 1, 2009, each public officer who has taken the oath of office for the District office before January 1, 2008, and

DATE ISSUED: 1/23/2008 3 of 4 UPDATE 82 GRC(LEGAL)-P Humble ISD 101913

RELATIONS WITH GOVERNMENTAL ENTITIES GRC EMERGENCY MANAGEMENT (LEGAL)

who is required to complete a course of training under this section must complete the training. Government Code 418.005 [See CKC for emergency management within the District]

DATE ISSUED: 1/23/2008 4 of 4 UPDATE 82 GRC(LEGAL)-P

Vantage Points

A Board Member’s Guide to Update 82

Vantage Points is an executive summary of the TASB Localized Update prepared specifically for board members. The topic-by-topic outline and the thumbnail descriptions focus attention on key issues to assist local officials in studying changes found in the policies. The description of policy changes in Vantage Points is highly summarized and should not substitute for careful attention to the significantly more detailed, district-specific Explanatory Notes and the policies within the localized update packet.

PLEASE NOTE: This Update 82 Vantage Points and the Localized Update 82 packet may not be considered as legal advice and are not intended as a substitute for the advice of a board’s own legal counsel.

We welcome your comments or suggestions for improving Vantage Points. Please write to us at TASB Policy Service, P.O. Box 400, Austin, TX 78767- 0400, e-mail us at [email protected], or call us at 800-580-7529 or 512-467-0222.

For further information about Policy Service, check out our Web site at http://www.tasb.org/services/policy.

1 Update 82 is the second of two post-legislative updates and is primarily focused on incorporating changes in the law from the 80th Legislative session that were not included in Update 81. Update 82 covers numerous issues, including required participation in county appraisal districts, employee health insurance, energy conservation, and emergency response.

Board AE(LOCAL) POLICY CONSIDERATIONS:

Educational The requirement from HB 2563 that the board adopt a vision statement and Philosophy comprehensive goals for the district and superintendent prompted us to con- solidate these topics in a single code, AE. If the district had locally developed goals at AF(LOCAL), they have been moved to this code. Text at AF(EXHIBIT), addressing the mission, goals, and objectives of the public education system, has also been moved to AE.

Closed Meeting SB 11 adds the discussion of security audits to the list of reasons a board may go into closed session. The law already permitted a board to discuss the deployment of security personnel or devices in closed session; now districts may discuss sensitive safety and security information not previously covered by the exception. See BEC(LEGAL).

Nepotism For districts in counties with a population over 35,000, the law regarding nepotism has changed. The board is now subject to the nepotism prohibitions for all personnel even when it has delegated hiring authority to the superintendent. The superintendent, as a public official, is also subject to the nepotism prohibitions for the employees he or she hires. Employees hired before September 1, 2007, are not prohibited from continuing employment. These provisions from HB 2563 were added to DBE(LEGAL) with Update 81 and are now being added to BBFB(LEGAL) on prohibited practices for board members.

Finances Districts that choose to tax property meeting the definition of goods-in-transit may do so by following the procedures from HB 621, included at Goods-in-Transit CCG(LEGAL). The board must take official action before January 1 of the first tax year in which the district proposes to tax the goods and must conduct a public hearing prior to taking action.

Leasing District To promote a public purpose of the district, HB 2618 permits a district to Property lease district property or provide office space to another governmental entity. The district is not required to comply with competitive purchasing or obtain fair market value. See CDB(LEGAL).

2 Health Insurance Two bills affect the cost and administration of employee health insurance, as outlined at CRD(LEGAL). SB 1846 changes the district’s obligation to make TRS contributions for retired employees by moving the effective date of the provision from January to September 2005.

HB 973 makes an employee who resigns after the end of the school year eligible to continue health insurance coverage for one year from the date coverage was made available to the employee the previous year. The district must continue its contributions during this time; as a result, most employees who resign will have coverage during the summer months.

Federal law extended the period for which an employee on military leave may continue health insurance coverage from 18 to 24 months.

Appraisal CCH(LOCAL) POLICY CONSIDERATIONS: Districts HB 1010 eliminates the option for districts that extend into two or more counties to participate in only one appraisal district. As a result, this provision was deleted from CCH(LEGAL). A district must now participate in all appraisal districts in which it has property. Because the only issue in CCH(LOCAL) was the board’s choice of which appraisal district to participate in, the policy is no longer necessary and should be deleted.

Operations CL(LEGAL) contains new material on energy conservation. HB 3693 requires the board to establish a goal to reduce the district’s annual electric Energy consumption by five percent each year for six years, beginning in 2007. A Conservation record of utility usage amounts and the respective costs must be reported on the district’s Web site. In addition, light fixtures in instructional facilities must have energy efficient light bulbs.

SB 831 enables districts to finance energy savings performance contracts under a lease/purchase contract for a longer term than previously allowed. Financing may now be for 20 years from the final date of installation, rather than 15 years, as before. The bill also extends the permissible financing term when the provider of the energy or water conservation measure provides the financing. The same bill adds detail about the cost savings review that must occur before a district may enter into an energy savings performance contract.

Facilities Several bills affect CV(LEGAL), on facilities construction: Construction

3 ■ HB 2918 removes certain catalog purchases made through the state from the list of permissible purchasing methods for contracts valued at or above $25,000.

■ HB 1268 prohibits construction contracts from providing for an award of attorney fees to the district when the district prevails in a dispute, unless the contract also provides for such an award to the other parties should they prevail.

■ SB 883 addresses payment of impact fees for new development.

■ HB 1886 prohibits the use of an interlocal contract to purchase engineering or architectural services.

■ HB 2625 removes the requirement that a U.S. Department of Labor survey used by a district to determine the prevailing wage on public works be conducted within the previous three years.

Train Derailment Emergency response to train derailments is now at CKC(LEGAL). For a district with a school located within 1000 yards of a railroad track, SB 1504 requires the district’s multihazard emergency operations plan to address how the district will respond to a train derailment.

Transportation HB 323 addresses seat belts on school buses. On school buses equipped with seat belts, districts must require students to wear the belts; for buses without seat belts, districts must consider offers of donations to install seat belts. The same bill requires districts to make school bus accident reports to TEA. See CNB(LEGAL).

HB 273 permits a district to establish a transportation system outside the district through an interlocal contract, as reflected at GR(LEGAL).

Employees DBD(LOCAL) and DBF(LOCAL) POLICY CONSIDERATIONS:

Nonschool Local text on nonschool employment previously found at DBF has been re- Employment developed and recoded to DBD(LOCAL). The recommended new provisions require an employee to disclose in writing to his or her immediate supervisor any outside employment that may create a potential conflict of interest with the employee’s duties or the best interest of the district. These disclosures permit the supervisor to examine the nonschool employment on a case-by-case basis and determine whether it should be prohibited based on a conflict of interest. A separate provision addresses private tutoring of district students for pay. DBF is no longer an active code.

4 Nonrenewal of BJCF(LOCAL) POLICY CONSIDERATIONS: Superintendent To match changes made at Update 80 to DFBB(LOCAL) for term contract employees, two reasons for nonrenewal of the superintendent’s contract have been revised. Nonrenewal may be based on the superintendent’s failure to report an indictment, no contest or guilty plea, or any other adjudication for certain offenses. Nonrenewal based on convictions or deferred adjudication has been broadened to include additional offenses.

Students FN(LOCAL) POLICY CONSIDERATIONS:

Handbooks New recommended text includes the common practice of distributing student handbooks electronically on the district’s Web site. Districts that choose to distribute the handbooks electronically must still provide a hard copy of the handbook if a student or parent requests one.

Graduation When a special education student has completed four years of high school but has not completed his or her IEP, SB 673 requires a district to issue the student a certificate of attendance and allow the student to participate in a graduation ceremony. See FMH(LEGAL).

At EIF(LEGAL), provisions from HB 2237 have been added encouraging districts to develop a personal graduation plan for each student entering ninth grade. Districts are already required to develop these plans for students who fail a state assessment instrument or who are not likely to graduate within five years of beginning ninth grade.

Also at EIF(LEGAL) is the HB 1563 requirement that a district award, at the request of a parent, a posthumous diploma to a student who dies while enrolled in the district as a senior if the student was academically on track to graduate at the time of death and does not have certain felony offenses.

Physical Fitness Two bills contributed changes to FFAA(LEGAL). SB 530 requires physical Assessments fitness assessments of each student in grades three through twelve. TEA communicated with districts this fall regarding the details and administration of this new program. SB 415 converts the acanthosis nigricans screening program to a broader risk assessment screening for type 2 diabetes.

5 Student FNAA(LOCAL) POLICY CONSIDERATIONS: Expression At Update 81, a provision was added to FNA(LEGAL) based on the recent U.S. Supreme Court case Morse v. Frederick, which clarified that a district may restrict student expression that it reasonably regards as promoting illegal drug use. This case also applies to student distribution of nonschool literature. Accordingly, the recommended provision added to FNAA(LOCAL) prohibits student distribution of nonschool literature that promotes illegal use of drugs, alcohol, or other controlled substances.

Extracurricular Three bills that affect a student’s eligibility to participate in extracurricular ac- Activities tivities have prompted revisions to FM(LEGAL). ■ SB 8 requires the UIL to adopt rules and implement steroid testing of students during the 2007–08 school year.

■ HB 208 clarifies that students who are in dual-credit courses or concurrent enrollment programs are not considered ineligible because of their absence from the district campus.

■ SB 1517 states that now only certain advanced courses are exempt from the no pass, no play requirements.

Discipline Policies regarding student discipline have been revised as follows: ■ At FNCG(LEGAL), HB 2112 modifies the felony offense for firearms on school property to expressly include parking lots and garages on the property.

■ At FOD(LEGAL), districts that admit students ages 21–25 may not place such students in a JJAEP. If such a student engages in conduct that would normally result in JJAEP placement, the district must revoke the student’s admission, in accordance with HB 1137. Also, from HB 8, continuous sexual abuse of a young child has been added as a school-related offense that results in mandatory expulsion.

DAEP The operation of the district’s DAEP, as detailed at FOCA(LEGAL), is affected by HB 426. DAEP teachers must meet all certification requirements, and instructional time per day in the DAEP must not be less than that required for non-disciplinary programs.

Also at FOCA(LEGAL), HB 2532 requires districts to assess the academic growth of students placed in a DAEP for 90 school days or longer. The commissioner will develop an assessment instrument for this purpose.

6 Truancy At FEA(LEGAL) revisions prompted by SB 1161 and HB 2884 clarify that the district has ten school days after the student’s tenth absence to refer a student for failure to attend school.

To allow truant students to meet compulsory attendance requirements, a new provision from HB 2237 allows peace officers to return a truant student to the appropriate district campus. See FED(LEGAL).

Accountability GND(LEGAL) has been revised based on SB 1031, which implements end- of-course assessments beginning in the 2011–12 school year. Until the State Board of Education develops the end-of-course assessments, students will continue to take exit-level assessments.

Two other provisions from SB 1871 and SB 1031, respectively, have been added to GND(LEGAL). The academic excellence indicators used to assess campus and district performance must include the performance of limited English proficient students disaggregated by the bilingual education or special language program in which they are or were enrolled. This information will be used to evaluate the effectiveness of the different programs. In addition, the Commissioner may initiate a special accreditation investigation in response to a possible violation of an assessment instrument security procedure. Community At GKA(LEGAL), HB 2112 modifies the restriction against the public bringing firearms onto school property in the same manner as at FNCG(LEGAL) for Firearms students. In accordance with HB 1889 and HB 2300, certain concealed handgun license holders may assert a defense to prosecution if they carry a handgun to interscholastic events or board meetings. This defense is available if the holder is a judge or justice of a federal court, an active judicial officer, a district or county attorney, or a bailiff at the time of the commission of the offense.

Distribution of GKDA(LOCAL) POLICY CONSIDERATIONS: Literature As at FNAA(LOCAL), a recommended provision prohibiting members of the public from distributing nonschool literature that promotes illegal use of drugs, alcohol, or other controlled substances has been added.

Emergency GRC(LEGAL) is a new policy that was developed to gather together in a sin- Management gle code provisions on emergency management involving other governmental entities. HB 1471 established the Texas Statewide Mutual Aid System, which permits a district to render aid to another local government entity, including a

7 school district. If a district receives a request for aid, the district must asses whether it has sufficient resources to provide assistance. The requesting governmental entity is responsible for reimbursing the provider district for the cost of the aid.

Also at GRC(LEGAL), SB 11 adds that an appointed public officer whose job includes emergency management responsibilities must complete a training course regarding the responsibilities of state and local governments under the mutual aid provisions.

Local Several other bills addressing interaction with local government authorities Government have prompted revisions to GRA(LEGAL) as follows: Authorities ■ HB 776 allows a person who has taken a child into custody to release the child to the principal, principal’s designee, or a peace officer at the child’s school if the school staff member agrees to assume responsibility for the child for the remainder of the school day.

■ HB 2532 now requires the office of the prosecuting attorney to notify a district when a student is required to register as a sex offender. In addition, when a superintendent receives information from the prosecuting attorney about the conviction or adjudication of a student, the superintendent must provide notification to personnel within 24 hours of receiving the information.

■ HB 2532 also changes the requirements to notify personnel when a student is arrested or taken into custody. The superintendent must promptly notify personnel who have responsibility for supervising the student. In addition, the superintendent may provide to the relevant personnel confidential information about the arrest if the superintendent determines that the information is needed for educational or safety purposes.

■ SB 758 requires a district to release to the Texas Department of Fam- ily and Protective Services (FPS) otherwise confidential information regarding the location or identifying information of a family subject to a Child Protective Services investigation if FPS requests the information.

More For further information on these policy changes, refer to the policy-by-policy Information Explanatory Notes—customized for each district’s policies—and the policies themselves, found in your localized update packet.

8 Board of Trustees Agenda Item

District Target References (Check all that apply): Achieve Academic Excellence Number of Board Meetings item Plan for Our Future is planned to be presented: Maximize Our Financial Resources this agenda only Develop and Retain Our People other, explain:

Title: Early Head Start

Consideration of 2008-2009 Early Head Start Annual Plans

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the 2008-2009 Northeast Harris County Early Head Start Annual Plans Background /Impact Information:

Humble ISD has been the fiscal agent for the Northeast Harris County Early Head Start (EHS) Program for the past nine (9) years. Under the Head Start philosophy of shared governance, our Humble ISD Board of Trustees serves as the EHS governing body that, along with the EHS Parent Policy Council and EHS Staff, insure implementation of a high quality program for eligible infants, toddlers, pregnant women and families. In order to comply with Head Start Program Performance Standards, we are submitting our attached Annual Plans for governing body (Humble ISD Board of Trustees) approval. Board approval of this item further strengthens the formal structure of program governance outlined in Head Start Program Performance Standards.

Fiscal Impact Statement: None. However continuation funding by the Department of Health and Human Services is contingent upon maintaining compliance with all Head Start Program Performance Standards, including governing body approval of the EHS annual plans.

Cost: Recurring One-Time

Funding Source: General Fund Grant Funds (Specify): Fiscal Year: 1

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments:Attachments will be hand delivered and include the following: Education and Early Childhood Development Written Plan Child Health and Developmental Services/Child Health and Safety/Child Nutrition Written Plan Family and Community Partnerships Written Plan Management Systems and Procedures Written Plan Program Governance Written Plan Eligibility, Recruitment, Selection, Enrollment and Attendance Written Plan Human Resources Management Written Plan Facilities, Materials, and Equipment Written Plan Training and Technical Assistance Plan Strategic Plan Update Parent Handbook Staff Handbook of Program Policies and Procedures Policy Council Bylaws and Regulations Parent Committee Guidelines Early Learning Center "Partners in Learning" Volunteer Handbook

Campus/Department Submitting Form:Special Programs Funding and Accountability Date Submitted:March 27, 2008 Resource Personnel: Janet Orth - Assistant Superintendent for Learning Support, x8116 [email protected]

Ken Schrader - Director of Special Programs Funding and Accountability, x8389 [email protected]

Joy Bayley - Coordinator of Special Programs Funding and Accountability, x8389 [email protected]

2 Board of Trustees Agenda Item

District Target References (Check all that apply): Achieve Academic Excellence Number of Board Meetings item Plan for Our Future is planned to be presented: Maximize Our Financial Resources this agenda only Develop and Retain Our People other, explain:

Title: Foreign Exchange Waiver

Consideration of a Waiver for Quest, Atascocita, Kingwood, Kingwood Park, and Humble High Schools that limits the number of foreign exchange students to five per school. Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve a waiver that limits the number of foreign exchange students to a maximum of five for each of the high schools in the Humble Independent School District. Background /Impact Information: Federal and state legislation liberalized the rules that once limited the numbers of foreign exchange students attending schools in the United States. Schools in Texas must accept unlimited numbers of students unless the conditions for a waiver are met on page 3 of 8 (section 6 a-c of FD (Legal). In recent years it could easily be argued that within HISD’s crowded and tightly staffed high schools that a, b, and c are true. Staffing hardships, the quality of education being negatively impacted and domestic students vying for resources with foreign exchange students are all present in Humble Independent School District at this time. Companies representing foreign exchange students are much more prevalent and aggressive in placing students within the Humble Independent School District.

Humble Independent School District students will be able to benefit from having foreign exchange students within their respective schools. However, the number will be reasonably limited. ESL and other services will not be over-taxed by foreign exchange students. Additional staff will not be needed.

A waiver to limit the number of foreign exchange students to five per high school has been approved by TEA for the past five school years.

Fiscal Impact Statement: Cost: Recurring 1 One-Time

Funding Source: General Fund Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments:Attachment 1 FD (Legal) Attachment 2 TEA Waiver Request Form Campus/Department Submitting Form: Deputy Superintendent's Office Date Submitted: 3-14-08 Resource Personnel: Dr. Cecilia Hawkins [email protected] 281-641-8110

Board of Trustees Agenda Item

District Target References (Check all that apply): Achieve Academic Excellence Number of Board Meetings item Plan for Our Future is planned to be presented: Maximize Our Financial Resources this agenda only Develop and Retain Our People other, explain:

Title: Racial Profiling

Report on Racial Profiling and Pedestrian Stop Data

Background /Impact Information: Senate Bill 1074 requires that beginning January 1, 2002, all police departments in the state of Texas must collect and report data concerning traffic and pedestrian stops and how they relate to the legislation concerning racial profiling.

In compliance with Senate Bill 1074, this is our 6th year to report on our racial profiling traffic and pedestrian data. This annual report outlines the law, offers background concerning the Humble ISD Police Department’s work in this area, gives a copy of the actual legislation, describes training efforts, explains the complaint process in this area and provides data regarding traffic and pedestrian stops. It must be noted that numbers are small in this area. The Humble ISD Police Department writes relatively few traffic citations due to the fact that most of their work takes place on campuses, not patrolling streets.

Fiscal Impact Statement: Cost: Recurring One-Time

Funding Source: General Fund Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

1 Attachments: Attachment 1 Humble ISD Police Department Racial Profiling Traffic and Pedestrian Stop Date 2007 "To be Hand Delivered" Campus/Department Submitting Form: Deputy Superintendent Date Submitted: March 25, 2008 Resource Personnel: Cecilia Hawkins 281-641-8110 [email protected]

Chief Solomon Cook 281-540-5904 [email protected]

2 Board of Trustees Agenda Item

District Target References (Check all that apply): Achieve Academic Excellence Number of Board Meetings item Plan for Our Future is planned to be presented: Maximize Our Financial Resources this agenda only Develop and Retain Our People other, explain: Action item in May

Title: Parent / Student Handbook

Report on Student / Parent Handbook and Student Code of Conduct

Background /Impact Information: The Student Handbook and Student Code of Conduct were significantly revised both in format and content over the past two years. Subsequently, this year’s Handbook Committee evaluated the Student Handbook and Student Code of Conduct (SCOC) for accuracy regarding legal mandates, conformity to board policy and clarity with the intent of providing students, parents and administrators with documents that were clearly written and easy to use.

The Committee comprised of parents, teachers, central office staff and administrators met five times during the course of this school year. Sub-committees were formed to evaluate policies and procedures at the elementary, secondary, and central office/administrative levels that potentially could impact the content of the Handbook and SCOC. In addition to the work of the subcommittees, meetings were held on each secondary campus so as to solicit input from campus administration regarding format and accuracy of the 2007-2008 Handbook, as well as the need for any additions, deletions or changes. Elementary campus administrators, in a similar process, meet in clusters and were also solicited for their input.

The summaries of the secondary campus and elementary cluster meetings, as well as information gathered by the Handbook subcommittees, were shared with district administrators during district horizontal meetings. The shared dialogue of these horizontal meetings resulted in identified revisions that were then incorporated into Handbook and SCOC by the Handbook Committee. The drafts of the 2008-2009 Student Handbook and Student Code of Conduct, which are being presented to you as an information item, represent the collaborative work of many stakeholders in our district.

1 A document outlining the changes and rationale for the changes has been prepared to facilitate the review of the Student Handbook and SCOC.

Fiscal Impact Statement: Cost: Recurring One-Time

Funding Source: General Fund Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: Attachment 1 Student-Parent Handbook and Student Code of Conduct To be "Hand Delivered" Attachment 2 Rationale for Handbook changes To be "Hand Delivered" Campus/Department Submitting Form: Deputy Superintendent Date Submitted: 3-27-08 Resource Personnel: Cecilia Hawkins, Deputy Superintendent [email protected] 281-641-8110 Paula Almond, Associate Superintendent [email protected] 281-641-8110 Stephanie Rosenberg, General Counsel [email protected] 281-641-8101

2 Board of Trustees Agenda Item

Title: Tax Refunds

Consideration of Petitions for Refunds in Excess of $500

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the petitions for tax refunds. Background /Impact Information:

The Texas Property Tax Code, Section 31.11(c) states “If a taxpayer applies to the tax collector of a taxing unit for a refund of an overpayment or erroneous payment of taxes and the auditor for the unit determines that the payment was erroneous or excessive, the tax collector shall refund the amount of the excessive or erroneous payment from available current tax collections or from funds appropriated by the unit for making refunds. However, the collector may not make the refund unless: (1) in the case of a collector who collects taxes for one taxing unit, the governing body of the taxing unit also determines that the payment was erroneous or excessive and approves the refund if the amount of the refund exceeds:…(B) $500 for a refund to be paid by any other taxing unit;…An application for a refund must be made within three years after the date of the payment or the taxpayer waives the right to the refund.” Detailed information and rationale for each correction or refund has been documented in the attachment.

If the Board approves this consideration, Humble ISD will be in compliance with the Texas Property Tax Code. If the Board does not approve this consideration, the District will not be in compliance.

If approved, the total effect of the refund(s) will result in a reduction of total collections received of $280,464.23. Overpayments are recorded as a liability on the general ledger upon receipt and, therefore, do not cause a decrease in recorded revenue when refunded.

1 Fiscal Impact Statement: Cost: Recurring

One-Time

Funding Source: General Fund

Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: Summary of Petitions for Refunds Campus/Department Submitting Form: Tax Office/Financial Services Date Submitted: March 31, 2008 Resource Personnel: Lynn Lynn 281-641-8014 [email protected] Janice Himpele 281-641-8185 [email protected]

2 Attachment - Refunds Over $500 Humble Independent School District Summary of Petitions for Refunds in Excess of $500 March 31, 2008

Reason for Refund Year Property Description Account No. Refund Amount

Overpayment (1) 2007 LTS 46 47 48 & 49 BLK 1 022-109-001-0046 $1,171.82 KOINM J H Overpayment (1) 2007 TR 1W-8 041-051-001-0029 $2,519.37 ABST 95 W B ADAMS Overpayment (1) 2007 TR 12B 041-051-007-0041 $778.30 ABST 95 W B ADAMS Overpayment (1) 2007 LT 22 BLK 5 083-557-000-0022 $943.64 HUMBLE ROAD PLACE SEC 2 Overpayment (1) 2007 LT 7 BLK 1 089-144-000-0007 $629.97 EASTEX OAKS VILLAGE SEC 1 Overpayment (3) 2007 LT 11 094-346-000-0011 $526.21 REESE U/R Overpayment (1) 2007 LT 2 BLK 5 095-089-000-0002 $1,896.41 FOREST COVE SEC 3 U/R Overpayment (3) 2007 LT 25 BLK 1 103-242-000-0025 $2,419.46 TRAILWOOD VILLAGE SEC 1 Overpayment (1) 2007 LT 12 BLK 3 105-563-000-0018 $769.60 KINGS FOREST SEC 1 Overpayment (3) 2007 LT 23 BLK 8 106-191-000-0023 $2,175.40 AUDUBON PARK SEC 1 Overpayment (1) 2007 LT 269 BLK 10 109-022-000-0269 $943.20 SHERWOOD TRAILS SEC 1 Overpayment (1) 2007 LT 7 BLK 56 109-083-000-0007 $1,561.47 WOODLAND HILLS VILLAGE SEC 9 Overpayment (1) 2007 LT 23 BLK 1 109-272-001-0023 $4,168.28 KINGWOOD LAKES VLG 4 2ND R/P Overpayment (1) 2007 LT 3 BLK 6 111-022-000-0003 $1,002.19 AUDUBON PARK SEC 2 R/P Overpayment (1) 2007 LT 51 BLK 17 111-153-000-0051 $1,572.00 PINEHURST OF ATASCOCITA SEC 6 Overpayment (1) 2007 LT 13 BLK 11 111-999-000-0013 $1,467.20 GREENTREE VILLAGE SEC 1 AMEND Overpayment (1) 2007 LT 18 BLK 1 112-214-000-0018 $685.78 NORTH HOLLOW ESTATES R/P Overpayment (1) 2007 LT 25 BLK 8 112-653-000-0025 $1,017.71 ATASCOCITA SOUTH SEC 1 Overpayment (1) 2007 LT 39 BLK 12 113-142-000-0039 $1,399.04 ATASCOCITA NORTH SEC 2 Overpayment (1) 2007 LT 1 BLK 6 113-543-000-0001 $852.80 HUNTERS RIDGE VILLAGE SEC 1 Overpayment (1) 2007 LT 58 BLK 17 114-139-017-0058 $2,295.90 ATASCOCITA NORTH SEC 3 R/P Overpayment (1) 2007 LT 5 BLK 1 114-302-001-0005 $1,629.13 GOLF VILLAS OF ATASCOCITA Overpayment(1) 2007 LT 13 BLK 11 114-302-001-0013 $1,094.62 GOLF VILLAS OF ATASCOCITA Overpayment (1) 2007 LT 1 BLK 14 114-370-014-0001 $1,153.32 TIMBERWOOD SEC 3 Overpayment (3) 2007 LT 7 BLK 17 114-385-017-0007 $598.28 ELM GROVE VILLAGE SEC 2 Overpayment (1) 2007 LT 24 BLK 16 114-385-016-0024 $1,279.24 ELM GROVE VILLAGE SEC 2 Overpayment (1) 2007 LT 9 BLK 9 114-516-009-0009 $1,121.36 NORTHSHIRE SEC 3 2ND R/P Overpayment (1) 2007 RES D 114-851-000-0008 $6,943.00 KINGWOOD PLACE SEC 8 Overpayment (3) 2007 LT 23 BLK 12 114-947-012-0023 $1,020.18 ATASCOCITA FOREST SEC 9 Overpayment (1) 2007 LT 63 BLK 11 115-236-011-0063 $2,421.04 OLYMPIC VILLAGE WALDEN ON LAKE HOUSTON PH2 Overpayment (1)_ 2007 LT 14 BLK 17 115-236-017-0014 $2,589.77 OLYMPIC VILLAGE WALDEN ON LAKE HOUSTON PH2 Overpayment (1) 2007 LT 3 BLK 37 115-283-037-0003 $2,004.38 ELM GROVE VILLAGE SEC 3 Overpayment (1) 2007 LT 20 BLK 1 115-409-001-0020 $1,933.74 KINGS CROSSING SEC 7 Overpayment (1) 2007 LT 3 BLK 3 117-194-003-0003 $1,692.65 MILLS BRANCH VILLAGE 3 AMENDED Overpayment (1) 2007 LT 48 BLK 5 117-337-005-0048 $1,803.16 MILLS BRANCH VILLAGE 4 Overpayment (1) 2007 LT 23 BLK 1 117-539-001-0023 $4,377.26 KINGS POINT VILLAGE SEC 8

Refunds 3-31-08.xls 1 4/1/20081:40 PM Attachment - Refunds Over $500 Humble Independent School District Summary of Petitions for Refunds in Excess of $500 March 31, 2008

Reason for Refund Year Property Description Account No. Refund Amount Overpayment (1) 2007 LT 2 BLK 4 117-539-004-0002 $3,319.54 KINGS POINT VILLAGE SEC 8 Overpayment (1) 2007 LT 19 BLK 3 117-672-003-0019 $1,587.12 ATASCOCITA FOREST SEC 12 Overpayment (3) 2007 LT 1 BLK 3 118-756-003-0001 $531.18 SUMMERWOOD SEC 3 EDGEWATER VLG Overpayment (3) 2007 LT 35 BLK 1 118-839-001-0035 $1,999.99 PINES OF ATASCOCITA SEC 4 Overpayment (1) 2007 LT 4 BLK 2 119-029-002-0004 $2,054.68 KINGWOOD GLEN SEC 4 Overpayment (3) 2007 RES A BLK 1 119-130-001-0001 $2,341.48 WOODSTREAM RESERVE Overpayment (3) 2007 LT 29 BLK 2 119-441-002-0029 $1,247.47 KINGWOOD GREENS VILLAGE SEC 4 Overpayment (1) 2007 RES B BLK 1 119-859-001-0002 $14,075.95 JOE'S CRAB SHACK HUMBLE Overpayment (1) 2007 LT 16 BLK 1 121-460-001-0016 $1,957.13 EAGLE SPRINGS SEC 3 Overpayment (1) 2007 RES A BLK 1 121-822-001-0001 $13,034.50 ATASCOCITA CLAYTON Overpayment (1) 2007 LT 61 BLK 1 122-953-001-0061 $3,473.15 SUMMERWOOD SEC 16 Overpayment (2) 2007 LT 7 BLK 5 123-079-005-0007 $2,031.14 SUMMER LAKE RANCH SEC 1 Overpayment (3) 2007 LT 17 BLK 4 123-385-004-0017 $2,293.71 ATASCA WOODS SEC 4 AMEND Overpayment (3) 2007 TR 1 BLK 1 123-515-001-0021 $547.08 KINGS RIVER ESTATES SEC 5 Overpayment (1) 2007 LT 1 BLK 3 123-515-003-0001 $1,398.95 KINGS RIVER ESTATES SEC 5 Overpayment (3) 2007 RES A BLK 1 124-544-001-0001 $9,288.71 WESTLAKE HOUSTON RESERVE Overpayment (1) 2007 LT 56 BLK 2 124-855-002-0056 $1,401.44 EAGLE SPRINGS SEC 20 AMEND Overpayment (1) 2007 LT 63 BLK 2 124-855-002-0056 $1,557.94 EAGLE SPRINGS SEC 20 AMEND Overpayment (1) 2007 LT 5 BLK 1 124-857-001-0005 $1,405.03 SUNSET RIDGE SEC 1 Overpayment (3) 2007 LT 28 BLK 4 124-857-004-0028 $1,802.11 SUNSET RIDGE SEC 1 Overpayment (1) 2007 LT 6 BLK 2 124-973-002-0006 $1,819.68 EAGLE SPRINGS SEC 21 Overpayment (1) 2007 LOT 46 BLOCK 1 124-991-001-0046 $3,257.42 FALL CREEK SEC 14 R/P Overpayment (1) 2007 LOT 12 BLOCK 2 125-115-002-0012 $1,620.05 CLAYTONS CORNER SEC 4 Overpayment (1) 2007 LT 28 BLK 1 125-647-001-0028 $2,679.85 SUMMERWOOD SEC 20 Overpayment (1) 2007 LT 74 BLK 2 SEC 6 126-024-002-0074 $1,390.05 CANYON VILLAGE AT PARK LAKES Overpayment (3) 2007 RES A BLK 1 126-139-001-0001 $36,587.64 BECKTON ATASCA OAKS Overpayment (1) 2007 LT 10 BLK 1 126-384-001-0010 $629.83 FALL CREEK SEC 15 PAR R/P Overpayment (1) 2007 LT 5 BLK 1 126-877-001-0005 $1,438.86 ATASCOCITA TRACE SEC 1 Overpayment (1 ) 2007 LT 35 BLK 2 126-877-002-0035 $1,393.36 ATASCOCITA TRACE SEC 1 Overpayment (1) 2007 LT 6 BLK 4 127-930-004-0006 $1,129.04 ATASCOCITA FOREST SEC 21 Overpayment (3) 2007 RADIO, CELLULAR, TV AND CABLE P070-2437 $920.79 M&E Overpayment (1) 2007 VEHICLES P104-8926 $1,374.66

Overpayment (1) 2007 DEALER INVENTORY P106-0687 $813.05

Overpayment (1) 2007 BUSINESS PERSONAL PROPERTY P200-8666 $2,387.42 CMP F&F INV M&E SUP Overpayment (2) 2007 PAYMENT SENT IN ERROR $93,217.35

Totals $280,464.23 (1) Double payment: two payments made on the same account (2) Payment made in error by property owner or mortgage company (3) Taxpayer paid incorrect amount.

Refunds 3-31-08.xls 2 4/1/20081:40 PM Board of Trustees Agenda Item

Title: Waiver of P & I-Denial

Consideration of Request for Waiver of Penalty & Interest on Delinquent Taxes

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees deny the request for waiver of penalty & interest on a delinquent tax account. Background /Impact Information:

Texas Property Tax Code, Section 31.02 (b) Delinquency Date. An eligible person serving on active duty in any branch of the United States armed forces during a war or national emergency declared in accordance with federal law may pay delinquent property taxes on property in which the person owns any interest without penalty or interest no later than the 60th day after the date on which the earliest of the following occurs: (1) the person is discharged from active military service; (2) the person returns to the state for more than 10 days; (3) the person returns to non-active duty status in the reserves; or (4) the war or national emergency ends.

The taxpayer requesting this waiver is not an 'eligible person' serving on active duty and her spouse, who is a contractor in operational support to U.S. forces in Iraq, is also not considered an "eligible person'. In addition, the spouse is not on the deed of the house and therefore, he does not have an interest in the property.

If the Board approves the recommendation to deny this consideration, Humble ISD will be in compliance with the Texas Property Tax Code (as well as consistent with treatment of previous requests of this nature). If the Board does not approve the recommendation to deny the request for waiver of penalty and interest, the District will not be in compliance. The District will not realize a loss of funds if the Board approves this recommendation. If not approved, the total effect of the request for waiver of penalty and interest results in a loss of $1,405.59. 1

Fiscal Impact Statement: Cost: Recurring One-Time

Funding Source: General Fund

Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: Summary of Request for Waiver of Penalty and Interest on Delinquent Taxes- Denial Campus/Department Submitting Form: Tax Office/Financial Services Date Submitted: March 31, 2008 Resource Personnel: Lynn Lynn 281-641-8014 [email protected] Janice Himpele 281-641-8185 [email protected]

2 Attachment - Waiver of P&I-Denial Humble Independent School District Summary of Request for Waiver of Penalty and Interest on Delinquent Taxes-Denial March 31, 2008

Reason for Property Date Contacted Satisfactory P&I Waiver Request/Denial Owner # Account # Check # Mailed HISD Proof Amount

Sec. 31.02(b) Postponement 119-428-001-0001 02/12/08 $ 1,405.59 of delinquency date due to person serving on active duty in any branch of the United States Armed Forces

Total $ 1,405.59

Denial of Waiver of P&I 3-31-08.xls 1 4/1/200812:23 PM Board of Trustees Agenda Item

Title: Waiver of P & I - Approval

Consideration of Requests for Waiver of Penalty & Interest on Delinquent Taxes

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the requests for waiver of penalty & interest on delinquent tax accounts. Background /Impact Information:

Section 1.08, Timeliness of Action by Mail and Section 33.011, Waiver of Penalty and Interest, of the Texas Property Tax Code, provide conditions for timely payments and waiver of penalties and interest.

The taxpayers on the attached schedule have provided satisfactory evidence to meet the requirements of these sections of the Property Tax Code. Documentation is available for review in the tax office.

If the Board approves the recommendation to grant these waivers of penalty and interest, Humble ISD will be in compliance with the Texas Property Tax Code (as well as consistent with treatment of previous requests of this nature). If the Board does not approve the recommendation to grant the requests for waiver of penalty and interest, the District will not be in compliance.

If approved, the total effect of the request for waiver of penalty and interest results in a loss of $7,576.39.

Fiscal Impact Statement: Cost: Recurring One-Time

Funding Source: General Fund

Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: Summary of Requests for Waiver of Penalty and Interest on Delinquent Taxes Campus/Department Submitting Form: Tax Office/Financial Services Date Submitted: March 31, 2008 Resource Personnel: Lynn Lynn 281-641-8014 [email protected] Janice Himpele 281-641-8185 [email protected]

2 Attachment - Waiver of P&I Humble Independent School District Summary of Requests for Waiver of Penalty and Interest on Delinquent Taxes March 31, 2008

Reason for Property Date Contacted Satisfactory P&I Waiver Request Owner # Account # Check # Mailed HISD Proof Amount

Sec. 1.08 Timeliness of Action A 106-195-000-0007 5266 12/19/07 02/14/08 Sworn Affidavit $ 60.84

Sec. 1.08 Timeliness of Action B 116-381-029-0012 3126 12/16/07 03/24/08 Sworn Affidavit $ 173.31

Sec. 33.011 Waiver of P&I C 118-044-004-0019 03/10/08 HCAD Letter $ 7,342.24

Total $ 7,576.39

Waiver of P&I 3-31-08.xls 1 4/3/20083:46 PM Board of Trustees Agenda Item

Meeting Date: April 08, 2008 Occasion: Agenda Placement Agenda Item Type Regular Meeting Learning Considerations Administrative Report Governance Considerations Action Item Special Meeting Financial Svcs. Considerations Information /Workshop Support Svcs. Considerations / Discussion Item

Title: Budgetary Amendments

Consideration of Budgetary Amendments

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the budgetary amendments as described in the accompanying attachments. Background /Impact Information: The Texas Education Code Section 44.006, the Texas Education Agency Resource Guide Sections 2.10.5 and 5.3.4 and Humble ISD Board Policy Ce (LOCAL), page 2, require that certain budgetary amendments be approved by the Board of Trustees. Changes to budgetary accounts in the General Fund, Food Service Fund and Debt Service Fund that affect functional expenditure categories must be approved by the Board of Trustees according to TEA regulations. By approving these amendments, Humble ISD will be in compliance with both state law and local policy regarding approval of budgetary amendments. Upon approval, there is no change to the General Fund Balance, Food Service Fund Balance or the Debt Service Fund Balance.

Fiscal Impact Statement: Cost: Recurring One-Time

Funding Source: General Fund Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

1 Attachments: Budgetary Amendments Detail Campus/Department Submitting Form: Budget Department Date Submitted: February 28, 2008 Resource Personnel: Lynn Lynn 281-641-8014 [email protected] Marilyn Farrell 281-641-8012 [email protected]

2 Humble I.S.D. Budgetary Amendments Detail April 8, 2008

Net Change in Change in Transfers Media Staff Instruct School Guidance/ Social Health Pupil Cocurric/ Gen Maint & Security Data Commun Debt Facility Juvenile

General Fund Effect Reserves/ Estimated Out Instruction Svcs Develop Leadershp Leadershp Counsel Svcs Svcs Transp Extracurr Admin Operation Svcs Process Svcs Svc Acquisit Justice TIRZ Explanation of Amendment on F/B Designations Revenues 00 11 12 13 21 23 31 32 33 34 36 41 51 52 53 61 71 81 95 97 Items Affecting Fund Balance/Reserves:

Items Affecting Revenues and Functional Categories: Revenue received by Athletics Dept from tournament fees charged 13,366 10,009 3,357 for the partial funding of maintenance and other cocurricular expenditures.

Donation from Riverwood Longhorns Booster Club ck#982 for 2,000 2,000 partial funding of the cost of athletic equipment.

Transfers Between Functional Categories: Transfers between functional categories for proper coding of 0 (17,091) 730 4,091 (3,614) 4,282 5,600 0 3,500 0 2,500 0 (430) 432 0 0 0 0 0 0 substitute wages, stipends, overtime, other benefits, cocurricular, other professional svcs, operating leases, misc contracted svcs, textbooks, library & media, general supplies, employee travel and field trips.

Totals 0 0 15,366 0 (17,091) 730 4,091 (3,614) 4,282 5,600 0 3,500 0 14,509 0 2,927 432 0 0 0 0 0 0

Net Change Change in Transfers Food Maint & Security Debt

Food Service Effect in Estimated Out Service Operation Svcs Service Explanation of Amendment on F/B Reserves Revenues 00 35 51 52 71 Items Affecting Fund Balance/Reserves:

Items Affecting Revenues and Functional Categories:

Transfers Between Functional Categories: Transfers between functional categories for proper coding of (16,000) 16,000 security cameras.

Totals 0000(16,000) 0 16,000 0

Net Change Change in Transfers Debt

Debt Service Effect in Estimated Out Svc TIRZ Explanation of Amendment on F/B Reserves Revenues 00 71 97 Items Affecting Fund Balance/Reserves:

Items Affecting Revenues and Functional Categories:

Totals 000000

Budget Amendments - Detail 08-0408.xls 4/3/200810:06 AM Board of Trustees Agenda Item

Title: Blanket Purchase Agreement for District Furniture

Consideration of Blanket Purchase Agreement for District Furniture

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve a Blanket Purchase Agreement with HON Company for District furniture. Background /Impact Information: Over the past 12 months, the District has purchased in excess of $985,000 for furniture including furniture for the opening of River Pines Elementary, Kingwood Park High School, and renovations at Kingwood and Humble High Schools. In accordance with legal and local policies, these purchases were made through the Texas Multiple Award Schedule (TxMAS) and through an RFP for furniture.

The HON Company is an environmentally conscientious manufacturer with certified products. HON's General Services Administration (GSA) Contract (TxMAS) includes a discount pricing matrix that is approved by the State of Texas for use by governmental entities for the purchase of furniture. The discounts are structured by tier depending on project size and range from approximately 58% (Tier 1 for project from $240 to $9,999) to as much as 65 to 75% (Tier 9 for project $1 million and above) depending on the furniture type. (Please see Attachment 1). Entities have the ability to purchase on a project-by-project basis, or they have the option to combine projects in order to maximize discounts. The Blanket Purchase Agreement (BPA) with HON would allow the District to realize a greater discount by estimating the combined total of furniture purchases for the 12-month period (Annual Purchase Projection) and making a commitment to HON for that amount (please see Attachment 2). There would be no penalties or fees in the event that the District failed to meet its Annual Purchase Projection (APP); however, HON would base discounts in future Blanket Purchase Agreements on the amount purchased in the most recent 12 month period.

Next year the District will open Fall Creek Elementary and continue renovations at Kingwood and Humble High Schools along with an 800 student classroom addition at Atascocita High 1 School. Furniture, fixtures, and equipment (FFE) funding in excess of $2.9 million is available for these projects. The District would like to commit to an Annual Purchase Projection of $1 million in order to receive the maximum discount pricing, Tier 9, with HON.

Per the GSA Contract, design and installation services will be provided by the servicing dealer. This allows the Purchasing Department to select the servicing dealer(s) based on previous performance as well as project type and size in order to meet project time lines.

Fiscal Impact Statement: The majority of the funding for furniture will be provided by bond funds from the 2005 Bond Program.

Cost: Recurring One-Time

Funding Source: General Fund

Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: The HON Company Multiple Award Schedule Overview - Attachment 1 The HON Company Sample Blanket Purchase Agreement - Attachment 2 Campus/Department Submitting Form: Purchasing Department Date Submitted: March 24, 2008 Resource Personnel: Catherine Dalles, 281-641-8994, [email protected] Kendra Jackson, 281-641-8995, [email protected]

2 The HON Company - Multiple Award Schedule Overview

GSA Contract GS-28F-8 47H Effective: April 15, 2 3 Expiration: October 14, 2 8 Veneer & Tables Wood Steel Metal Desking & Systems Furniture Systems Furniture Vertical Files, Other Filing basyx Laminate Casegoods Seating Seating Computer Support Initiate Panel System Simplicity II Lateral Files & & Storage Laminate Conference & & Valido & Flagship Pedestals & Other Pedestals Shelf Files Training Tables, Bookcases Project Size at List SIN 711-8 SIN 711-11 SINs 711-17 & 711-18 SINs 711-18 & 711-19 SIN 711-2 SIN 711-1 SIN 711-1 SIN 711-3 SINs 711-3 & 711-7 SIN 711-2, 711-8, 711-11 Tier 1 $240.00 to 58.2% 58.2% 58.2% 58.2% 58.2% 58.2% 58.2% 58.2% 58.2% 44.6% $9,999.00 0.418 0.418 0.418 0.418 0.418 0.418 0.418 0.418 0.418 0.554 Tier 2 $10,000.00 to 61.1% 61.1% 61.1% 61.1% 61.1% 61.1% 61.1% 61.1% 61.1% 49.6% $24,999.00 0. 89 0. 89 0. 89 0. 89 0. 89 0. 89 0. 89 0. 89 0. 89 0.504 Tier $25,000.00 to 62. % 61.1% 61.1% 62. % 62. % 62.8% 62. % 6 .1% 6 .1% 49.6% $49,999.00 0. 77 0. 89 0. 89 0. 77 0. 77 0. 72 0. 77 0. 69 0. 69 0.504 Tier 4 $50,000.00 to 62. % 61.1% 61.1% 62. % 62. % See Below 62. % 65.0% 65.0% 49.6% $124,999.00 0. 77 0. 89 0. 89 0. 77 0. 77 0. 77 0. 50 0. 50 0.504 Tier 5 $125,000.00 to 6 .8% 61.9% 6 .0% 64.5% 64.5% See Below 64.5% 69.5% 66.0% 49.6% $ 12,499.00 0. 62 0. 81 0. 70 0. 55 0. 55 0. 55 0. 05 0. 40 0.504 Tier 6 $ 12,500.00 to 64.2% 62. % 6 .0% 64.9% 65.7% See Below 64.5% 71.5% 66. % 49.6% $499,999.00 0. 58 0. 77 0. 70 0. 51 0. 4 0. 55 0.285 0. 7 0.504 Tier 7 $500,000.00 to 64.5% 62.6% 6 .0% 64.9% 65.7% Negotiated 65.2% 71.5% 66. % 49.6% $624,999.00 0. 55 0. 74 0. 70 0. 51 0. 4 0. 48 0.285 0. 7 0.504 Tier 8 $625,000.00 to 64.9% 6 .0% Negotiated Negotiated 65.7% Negotiated 65.6% 7 . % 66.6% 49.6% $999,999.00 0. 51 0. 70 0. 4 0. 44 0.267 0. 4 0.504 Tier 9 $1,000,000.00 65. % 6 .4% Negotiated Negotiated 66.4% Negotiated Negotiated 75. % 66.9% 49.6% and above 0. 47 0. 66 0. 6 0.247 0. 1 0.504

Refer to Special Item Number (SIN) and product description in HON Group Pricer for discount category clarifications. ***RED PRINT EQUALS THE COST MULTIPLIER***

Projects above $500,000.00 net ($200,000.00 net for Seating) may be eligible for negotiated discounting. Contact HON Territory Manager or Government Account Manager for details.

Systems Furniture 1) The HON Company & Allsteel orders may be combined to maximize discounts on HON and Allsteel Initiate Panel System products. Orders shall be shipping to one destination at one time, and be placed simultaneously to each company & Flagship Pedestals with a cross reference to combine order values for maximum discounting. SIN 711-1 2) Pricing is destination, tailgate per FAR 52.247- 4. 'Inside' delivery available. Acknowledgements to ordering activity $50,000.00 to 65.0% and Servicing Dealer. Terms are Net 0. $99,999.00 0. 50 ) Design and Installation services are the responsibility of The HON Company. Servicing Dealers to negotiate and $100,000.00 to 66.1% provide on a project-by-project basis. $149,999.00 0 . 9 4) Leasing is available. For leasing information, contact HON Territory Manager or Government Account Manager. $150,000.00 to 67.8% 5) Only 'authorized' Servicing Dealers may offer this program to Federal activities. $249,999.00 0. 22 6) Restocking charges of 25% applicable for items cancelled after production begins, all returns and cancellations must $250,000.00 to 68.9% be pre-approved by HON Government Customer Service. $499,999.00 0. 11 7) Cancellation is 'no charge' prior to production. 8) Commercial Specification Fee program does not apply to government sales. 9) $100.00 net minimum order limit.

Discounts Effective 12-1-2004 HON Government Customer Service PH: 800-466-8694 11-1-06 FX: 800-8 - 902 Proprietary Information - See FAR .104 Email: [email protected] BPA Number ______

BLANKET PURCHASE AGREEMENT

THIS BLANKET PURCHASE AGREEMENT (this “Agreement”) is effective as of ______, 200__, by and between The HON Company (“HON”) and ______(the “Agency”).

HON and ______, the Agency have agreed to enter into this Agreement in order to allow the Agency to acquire HON commercial products and services directly from HON, with the assistance of authorized servicing dealers, using pricing, terms, and conditions set forth in the HON Federal Supply Schedule Contracts GS-28F-8047H and GS-27F- 0015S, by and between HON and the General Services Administration (GSA) (the “HON GSA Contracts”). The pricing, terms, and conditions of the HON GSA Contracts (each as may be amended, revised or renewed from time to time under the terms of the individual GSA Contract) are incorporated by reference herein. HON will provide ______the Agency with copies of the HON GSA Contracts upon the written request of the Agency.

The Agency, ______agrees to purchase, during the following dates, ______a minimum of $______list of product from HON (“Annual Purchase Projection”), determined on a net invoice basis. Based upon the Annual Purchase Projection, the Agency shall be entitled to purchase HON products at the following discounts off the current list price in effect under the HON GSA Contracts:

Veneer & Laminate Casegoods: XX.X% Tables: XX.X% Seating-Wood: XX.X% Seating-Steel: XX.X% Steel Desking, Computer Support, & Valido: XX.X% Initiate Systems & Flagship Pedestals XX.X% Simplicity II & Other Pedestals XX.X% Verticals, Laterals, & Shelf Filing XX.X% 210 Series Verticals XX.X% Storage Cabinets, Track Filing, & Steel Bookcases: XX.X% Special Use (Accomplish) XX.X% Balance of Line (Open Market): XX.X%

In the event the Agency, ______fails to meet its Annual Purchase Projection, HON will base discounts in future Blanket Purchase Agreements with the Agency’s performance under this

1 Agreement for the most recent twelve-month BPA period. HON reserves the right to deny the Agency future Blanket Purchase Agreements.

Orders MUST reference the individual HON GSA Contract number or numbers, and the BPA number of this agreement. If products from both GSA contracts are placed on the same purchase order, then both HON GSA Contract numbers must be placed on the purchase order to HON. Orders shall be submitted for a minimum of $100.00 net on each order. Orders must have a single “ship to” destination within the United States in order for the freight to be paid by HON.

This Agreement expires ______, 200__.

The following office(s) are hereby authorized to place orders under this Agreement.

OFFICE POINT OF CONTACT/PHONE/FAX ______

Orders may be placed via Fax or paper to: The HON Company C/O Servicing Dealer 200 Oak Street Muscatine, IA 52761 PH: 800-466-8694 FX: 800-833-3902

Orders may be sent to the HON Servicing Dealer providing the product installation services for review prior to order placement.

HON shall invoice the Agency upon shipment of product.

Payment terms are net 30 days, with no additional discount for early payment.

Product shall be shipped not to exceed 60 days after receipt of a valid order.

The HON Company: Agency:

The HON Company ______By: ______By: ______Date: ______Date: ______Mike Paar ______(print name) V.P. Government & Education Sales ______(title)

2 Board of Trustees Agenda Item

District Target References (Check all that apply): Achieve Academic Excellence Number of Board Meetings item Plan for Our Future is planned to be presented: Maximize Our Financial Resources this agenda only Develop and Retain Our People other, explain:

Title: Financial Reports

Consideration of Year-to-Date Financial Reports and Monthly Cash and Investment Reports Superintendent’s Recommendation:

Background /Impact Information:

Year-to-date financial reports and monthly cash and investment reports as of March 31, 2008, are included in the accompanying attachments in accordance with the Texas Education Code, Section 44.007(d). The listing of checks issued for the month of March is on file in the Accounts Payable Department. Checks issued on the Medical and Workers’ Compensation funds for the month of March are on file in the Insurance Department.

Fiscal Impact Statement: Cost: Budgetary Codes: Recurring Fund Func Object Sub-Object Org PIC One-Time ------Funding Source: General Fund Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

1 Attachments: 1-1: Schedule of Revenues and Expenditures - Budget and Actual - General Fund 1-2: Schedule of Revenues and Expenditures - Budget and Actual - Other 2: Capital Projects Expenditure Summary 3-1: Statement of Position by Fund 3-2: Cash Report 3-3: Investment Report by Pooled Fund Group 3-4: Summary of Individual Investments by Fund 3-5: Investment Report - Glossary 3-6: Investment Report - Compliance Statement 4: Tax Collection Report Campus/Department Submitting Form: Financial Services Date Submitted: April 8, 2008 Resource Personnel: Lynn Lynn 281-641-8014 [email protected] Donna Boyd 281-641-8018 [email protected] Ida Schultze 281-641-8016 [email protected]

2 Attachment 1-1 Humble Independent School District Schedule of Revenues and Expenditures Budget and Actual - General Fund As of March 31, 2008

Budgeted Amounts Ratio of Actual To Original Amended Actual Amounts Amended Budget REVENUES: General Fund Revenue Local Taxes 90,637,271.00 90,637,271.00 95,428,630.67 Local Other 3,339,295.00 3,775,288.00 3,502,683.13 State 118,357,206.00 118,357,206.00 59,577,995.69 Federal 135,000.00 135,000.00 50,932.67 Other Resources/Transfers 0.00 0.00 101,425.28 Total Revenue 212,468,772.00 212,904,765.00 158,661,667.44 0.75

EXPENDITURES: Current: Instruction 133,140,543.00 135,084,827.95 81,923,877.90 0.61 Instructional Resources & Media Services 3,106,759.00 2,847,722.00 1,718,257.01 0.60 Curriculum and Staff Development 2,456,944.00 2,634,477.00 1,692,719.64 0.64 Instructional Leadership 1,996,374.00 2,010,143.00 1,358,644.72 0.68 School Leadership 14,956,022.00 14,893,044.00 9,637,031.09 0.65 Guidance, Counseling & Evaluation Services 9,900,630.00 9,878,899.00 6,239,969.61 0.63 Social Work Services 254,945.00 251,196.00 156,124.13 0.62 Health Services 2,345,697.00 2,260,398.00 1,345,137.33 0.60 Student (Pupil) Transportation 7,669,081.00 7,562,829.00 5,053,237.93 0.67 Cocurricular/Extracurricular Activities 5,645,266.00 6,021,662.00 3,858,132.94 0.64 General Administration 6,888,895.00 7,332,327.00 4,977,825.45 0.68 Plant Maintenance and Operations 25,534,668.00 25,343,101.00 17,247,565.36 0.68 Security and Monitoring Services 1,706,599.00 1,707,070.00 1,166,106.37 0.68 Data Processing Services 1,719,550.00 1,922,057.32 1,291,159.04 0.67 Community Services 712,299.00 731,441.00 497,161.30 0.68 Debt Service 0.00 0.00 0.00 0.00 Payments to Juvenile Justice Alt. Ed. Prg. 219,829.00 219,829.00 199,120.00 0.91 Payments to Tax Increment Fund 4,119,024.00 4,119,024.00 0.00 0.00 Total Expenditures 222,373,125.00 224,820,047.27 138,362,069.82 0.62

Excess (Deficiency) of Revenues Over (Under) Expenditures (9,904,353.00) (11,915,282.27) 20,299,597.62 (1.70)

Transfers Out

Net Change in Fund Balances (9,904,353.00) (11,915,282.27) 20,299,597.62 (1.70)

6/30/07 Unreserved, Undesignated Fund Balance 0.00 34,724,078.00 0.00

6/30/07 Released Reserves/Designations 0.00 2,010,929.00 0.00

Partial Release of Prior Year Designation for Compensation 0.00 0.00 0.00

Unreserved, Undesignated General Fund Balance as of March 2008 0.00 24,819,724.73 0.00 Unreserved, Undesignated General Fund Balance as a % of Total Budgeted Expenditures 0.11

Current Fund Balance Reserves/Designations: Reserve for Inventory 0.00 319,727.00 0.00 Reserve for Encumbrances 0.00 0.00 0.00 Designated for Capital Outlay 0.00 0.00 0.00 Designated for E-Rate 0.00 0.00 0.00 Designated for Compensation 0.00 3,371,867.00 0.00 Designated for Medical Plan Benefits 0.00 1,907,372.00 0.00 Designated for Special Education 0.00 996,911.00 0.00 Designated for Opening New Campuses 0.00 12,200,000.00 0.00 Total Fund Balance Reserves/Designations 0.00 18,795,877.00 0.00

Total General Fund Balance as of March 2008 (9,904,353.00) 43,615,601.73 0.00 Attachment 1-2 Humble Independent School District Schedule of Revenues and Expenditures Budget and Actual - Other As of March 31, 2008

Amended Budget to Actual Ratio of Actual to Budget Actual Variance Amended Budget BUDGETED FUNDS: In Dollars

Food Service Fund Revenue: Local Other 6,988,327 5,323,092 (1,665,235) State 60,000 69,781 9,781 Federal 4,227,234 2,914,340 (1,312,894) Other Resources/Transfers - - - Total 11,275,561 8,307,213 (2,968,348) 73.67%

Food Service Fund Expenditures 12,087,846 7,460,826 4,627,020 61.72%

Net Change in Fund Balance (812,285) 846,387 1,658,672

6/30/07 Unreserved, Undesignated Fund Balance 2,485,653 - - 6/30/07 Reserved for Inventory 275,368

6/30/07 Released Reserves and Designations 106,444 - -

Total Food Service Fund Balance as of March 2008 2,055,180 - -

Debt Service Fund Revenue: Local Taxes 23,530,830 24,485,270 954,440 Local Other 5,576,454 1,119,492 (4,456,962) State 8,243,354 7,917,950 (325,404) Federal - - - Other Resources/Transfers 7,082,258 4,572,228 (2,510,030) Total 44,432,896 38,094,940 (6,337,956) 85.74%

Debt Service Fund Expenditures 44,432,896 36,167,563 8,265,333 81.40%

Net Change in Fund Balance - 1,927,376 1,927,376

6/30/07 Fund Balance 30,834,730 - -

Total Debt Service Fund Bal as of March 2008 30,834,730 - -

Internal Service Fund Revenue: Medical 16,027,050 12,485,468 (3,541,582) 77.90% Workers' Comp 3,400,000 2,833,008 (566,992) 83.32% Total 19,427,050 15,318,477 (4,108,573)

Internal Service Fund Expenditures: Medical 19,019,241 13,899,300 5,119,941 73.08% Workers' Comp 940,000 721,250 218,750 76.73% Total 19,959,241 14,620,551 5,338,690

Net Change in Medical Net Assets (2,992,191) (1,413,832) 1,578,359 Net Change in Workers' Comp Net Assets 2,460,000 2,111,758 (348,242) Total (532,191) 697,926 1,230,117

6/30/07 Medical Net Assets 1,866,963 - - 6/30/07 Workers' Comp Net Assets 2,981,126 - - Total 4,848,089 - -

Medical Net Assets as of March 2008 (1,125,228) - - Workers' Comp Net Assets as of March 2008 5,441,126 - - Total 4,315,898 - - Capital Projects Expenditure Summary Attachment 2 Inception to March 31, 2008

Total Remaining Authorization/ 2003 2004 2005 2006 2007 2008 Expenditures Budget Fund Budget Expenditures Expenditures Expenditures Expenditures Expenditures Expenditures To Date Encumbrances Balance 2002 - $229,984,624

Capital Projects: Phase 1 - 6203 52,075,000 14,533,929 29,880,159 6,829,169 799,356 32,387 - 52,075,000 - - Phase 2 - 6303 89,767,579 149,701 8,896,951 40,902,331 38,080,617 1,737,979 - 89,767,579 - - Phase 3 - 6305 42,764,488 - - 7,289,025 24,474,931 8,665,311 2,316,677 42,745,944 - 18,544 Phase 4 - 6406 25,646,718 - - - 2,450,325 12,184,560 1,824,350 16,459,235 8,578,716 608,767

Capital Outlay: Phase 1 - 6913 3,700,000 1,389,250 1,026,841 1,174,390 100,819 8,700 - 3,700,000 - - Phase 2 - 6914 1,932,421 - 692,089 731,588 502,402 6,342 - 1,932,421 - - Phase 3 - 6915 2,105,512 - - 319,968 787,270 798,812 194,127 2,100,177 2,611 2,724 Phase 4 - 6916, 6917 3,612,906 - - - 236,011 775,805 826,029 1,837,845 299,991 1,475,070

Debt Service: Phase 1-4 - 599x 8,380,000 8,175,000 - 130,000 75,000 - - 8,380,000 - -

Total 2002 229,984,624 24,247,880 40,496,040 57,376,471 67,506,731 24,209,896 5,161,183 218,998,201 8,881,318 2,105,105

2005 - $342,030,000

Capital Projects: Phase 1 - 6515 42,300,000 - - 2,373,314 22,836,142 13,190,851 294,330 38,694,637 2,060,432 1,544,931 Phase 2 - 6526 98,410,000 - - - 6,513,690 55,615,960 23,278,554 85,408,204 9,756,181 3,245,615 Phase 3 - 6537 85,000,000 - - - - 5,878,277 25,684,692 31,562,969 49,544,026 3,893,005 Phase 4 - 6547 25,000,000 - - - - 552,416 6,592,281 7,144,697 14,428,461 3,426,842

Total 2005 250,710,000 - - 2,373,314 29,349,832 75,237,504 55,849,857 162,810,507 75,789,100 12,110,393

Total-all funds 480,694,624 24,247,880 40,496,040 59,749,785 96,856,563 99,447,400 61,011,040 381,808,708 84,670,418 14,215,498 Attachment 3-1 Humble Independent School District Statement Of Position By Fund March 31, 2008

Lone Star U.S. Total Fund Description Checking Investment TexPool CD's Gov't / By Pool Agencies Fund Operating Accounts General Fund $2,674,362.91 $65,412,409.26 $11,895,482.70 $79,982,254.87 Food Service Fund 646,258.21 $2,555,069.74 $3,201,327.95 Special Revenue Funds 1,828,572.29 $424,629.30 $2,253,201.59 Capital Projects Fund (7,654.25) $99,167,692.41 $99,160,038.16 Private Purpose Trust 0.00 $1,123,825.10 $1,123,825.10 Student Activity Fund 950,762.25 $950,762.25 Total 6,092,301.41 168,683,625.81 11,895,482.70 0.00 0.00 186,671,409.92 Debt Service Fund 181,587.40 2,686,764.33 24,645,918.98 5,247,551.96 $32,761,822.67 Internal Service Fund 46,003.72 12,651,178.86 $12,697,182.58 $6,319,892.53 $184,021,569.00 $36,541,401.68 $0.00 $5,247,551.96 $232,130,415.17 Attachment 3-2 Humble Independent School District Cash Report March 31, 2008

Balance Balance Operating Account - Chase FUND 02/29/08 Receipts Disbursements 03/31/08 Total Operating Account Various 4,583,858.81 23,082,412.38 21,573,969.78 6,092,301.41 Comparative Total -3/31/07 2,663,916.69

Debt Service Fund - Chase 5998 195,661.50 800,846.87 814,920.97 181,587.40 Comparative Total -3/31/07 406,381.69

Internal Service Fund - Chase Self-funded - Medical 7998 (61,154.24) 1,688,111.79 1,579,763.32 47,194.23 Self-funded - Workers' Comp 7998 (21,672.32) 120,010.61 99,528.80 (1,190.51) Total Internal Service Fund (82,826.56) 1,808,122.40 1,679,292.12 46,003.72 Comparative Total -3/31/07 6,756.22

Chase Avg. Rate 3/31/08 4.03% Comparative Avg. Rate 3/31/07 4.83% Attachment 3-3 Humble Independent School District Investment Report by Pooled Fund Group 2/29/08 - 3/31/08

Balance Balance 02/29/08 Deposits Withdrawals 03/31/08 LSIP Liquidity Plus Fund (Avg. Rates: 3/31/08-3.12% ; LSIP Liquidity Plus 3/31/07-5.29%) General Fund 1998 80,142,409.23 2,215,869.27 16,945,869.24 65,412,409.26 Comparative Total -3/31/07 67,937,692.85 Campus Activity (Coca Cola) 4618 107,236.12 283.84 0.00 107,519.96 Comparative Total -3/31/07 134,293.65 Food Service 2408 2,749,439.86 400,000.00 594,370.12 2,555,069.74 Comparative Total -3/31/07 2,427,562.31 Livestock Show Activity 4828 233,183.20 62,700.34 0.00 295,883.54 Comparative Total -3/31/07 227,925.48 Athletic Activity 4838 22,557.95 10,139.91 11,472.06 21,225.80 Comparative Total -3/31/07 620.40 Debt Service Fund 5998 1,880,242.22 $768,595.57 64,800.00 2,584,037.79 Comparative Total -3/31/07 23,470,816.16 Debt Refunding Reserve 5998 102,455.35 271.19 0.00 102,726.54 Comparative Total -3/31/07 97,979.40 Capital Projects-2005 6305 18,596.29 49.10 52.34 18,593.05 Comparative Total -3/31/07 3,231,224.92 Capital Projects-6406 6406 9,129,097.42 282,895.56 170,051.31 9,241,941.67 Comparative Total -3/31/07 12,413,466.20 Capital Projects-2005B 6515 3,799,148.09 9,774.10 193,784.29 3,615,137.90 Comparative Total -3/31/07 9,208,448.27 Capital Projects-2006 6526 14,594,572.18 10,583.00 1,592,775.67 13,012,379.51 Comparative Total -3/31/07 59,608,845.99 Capital Projects-2007 6537 59,937,301.01 124,011.82 6,471,930.97 53,589,381.86 Comparative Total -3/31/07 85,266,119.09 Capital Projects-2007 II 6547 19,034,531.00 48,070.66 1,178,804.73 17,903,796.93 Comparative Total -3/31/07 0.00 Capital Projects-Local 6605 (0.00) 0.00 0.00 0.00 Comparative Total -3/31/07 62,310.07 Capital Outlay - 2005 6915 18,949.29 20.47 13,614.40 5,355.36 Comparative Total -3/31/07 438,582.98 Capital Outlay - 2006 6916 1,851,094.13 5,326.54 75,314.54 1,781,106.13 Comparative Total -3/31/07 3,053,039.55 Self Funded Workers' Comp 7998 10,117,702.16 289,833.32 98,512.60 10,309,022.88 Comparative Total -3/31/07 7,409,280.52 Medical Fund 7998 2,512,945.12 1,189,663.23 1,360,452.37 2,342,155.98 Comparative Total -3/31/07 2,726,826.58 Trust Fund - Expendable 8298 264,064.81 684.83 825.25 263,924.39 Comparative Total -3/31/07 254,466.88 Trust Fund - KVFD 8298 857,630.64 2,270.07 0.00 859,900.71 Comparative Total -3/31/07 844,351.20 .. TexPool (Avg. Rates: 3/31/08-2.97%, 3/31/07-5.29%) General Fund 1998 11,749,601.80 145,880.90 0.00 11,895,482.70 Comparative Total -3/31/07 9,150,671.64 Debt Service Fund 5998 24,230,050.55 $415,868.43 $0.00 24,645,918.98 Comparative Total -3/31/07 1,597,988.10

90 Day U.S. Treasury Bill Rate 2.21% Attachment 3-4 Humble Independent School District Summary of Individual Investments By Fund As of March 31, 2008

Campus Activity Funds Purchase/ Type Beginning Ending Change Days Yield Interest (Sorted By)Weighted Sale Trade CUSIP # of Par Market Market in Book To To Accrued Maturity Average Date Ticket # Investment Value Value Value MV Value Maturity Maturity For Period Date Maturity 0 $0.00 0 0 $0.00 $0.00 $0.00

Debt Service Fund Purchase/ Type Beginning Ending Change Days Yield Interest (Sorted By)Weighted Sale Trade CUSIP # of Par Market Market in Book To To Accrued Maturity Average Date Ticket # Investment Value Value Value MV Value Maturity Maturity For Period Date Maturity 6/20/2000 SZR08702T 2000-02659 SLGS Time $2,455,000.00 $2,479,550.00 336 6.00% $12,275.00 02/01/09 6/20/2000 SZR08702T 2000-02659 SLGS Time $2,740,596.00 $2,768,001.96 701 6.00% $13,702.98 02/01/10 $5,195,596.00 $5,247,551.96 $25,977.98 528.5

Student Activity Funds Purchase/ Type Beginning Ending Change Days Yield Interest (Sorted By)Weighted Sale Trade CUSIP # of Par Market Market in Book To To Accrued Maturity Average Date Ticket # Investment Value Value Value MV Value Maturity Maturity For Period Date Maturity CD $0.00

$0.00 $0.00 $0.00 0.0 Attachment 3-5 Humble Independent School District Investment Report - Glossary March 31, 2008

BA Banker's Acceptances are short-term, noninterest-bearing notes sold at a discount and redeemed by the accepting banks at maturity for face value. Banker's acceptances generally are created based on a letter of credit issued in a foreign trade transaction. Banker's acceptances are essentially checks. They represent a bank's promise and ability to pay the face or principal amount on the banker's acceptance on the stipulated maturity date. Maturities for banker's acceptances are generally less than three months. Any banker's acceptance purchased by a public entity must have a stated maturity of 270 days or less, must be accepted by a bank organized and existing under federal law, and the short-term obligations of the bank must be rated not less than A1/P1. Similar to a treasury bill, a banker's acceptance typically does not have a coupon, is issued at a discount, and matures at par (face) value.

CP Commercial Paper, an unsecured promissory note issued by a corporation with a fixed maturity of no more than 270 days. Most commercial paper is non-interest bearing and sold at a discount from par.

FFCB Federal Farm Credit Bank System provides credit and related services to farmers, ranchers, producers and harvesters of aquatic products, farm related businesses, agricultural cooperatives and rural utilities. FFCB System institutions are federally chartered under the Farm Credit Act of 1971 and are subject to regulation by a federal agency, the Farm Credit Administration.

FHLB Federal Home Loan Bank System, established in 1932, includes twelve Federal Home Loan Banks and their member institutions. The Federal Home Loan Banks are instrumentalities of the United States and operate under the supervision on the Federal Housing Finance Board.

FHLMC Federal Home Loan Mortgage Corporation (Freddie Mac) is a publicly held government sponsored enterprise created pursuant to the Federal Home Loan Mortgage Corporation Act of 1970. Freddie Mac's statutory mission is to provide stability in the secondary market for home mortgages, to respond appropriately to the private capital market and to provide on going assistance to the home mortgage secondary market.

FNMA Federal National Mortgage Association (Fannie Mae), a federally chartered and stockholder owned corporation, is the largest investor in home mortgages in the United States. FNMA provides funds to the mortgage market by purchasing mortgage loans from lenders. FNMA was originally incorporated in 1938 as a wholly owned government corporation but the Housing and Development Act of 1968 changed FNMA to a federally chartered corporation.

GIC A Guaranteed Investment Contract is a fixed-rate, fixed-maturity contract that is similar to a bond. However, unlike a bond, a GIC is always valued at par (face) value. This occurs because the company issuing the GIC usually is an insurance company that guarantees the investment by agreeing to pay the difference between the market value and the book value for the issue if the investor decides to sell it. A guaranteed investment contract may be structured in a manner similar to a flexible repurchase agreement, whereby the investor is able to draw down the balance upon written request throughout the life of the contract.

MARKET Market Value is the current value of a security, which is determined by multiplying its VALUE par (face) value by the current market price. The unrealized gain or loss on a security can be calculated by subtracting the book value from the market value.

PURCHASE The date of the initial purchase / investment. DATE

MATURITY The date when the principal amount of a security or debt becomes due and payable. DATE

MMMF Money Market Mutual Funds are a specific type of mutual fund that invests only in money market instruments (i.e., short-term debt instruments such as treasury bills, commercial paper, banker's acceptances, repurchase agreements, and federal funds) as defined and registered with the Securities and Exchange Commission. Money market mutual funds are regulated by the Investment Company Act of 1940 as 2a-7 funds. They strive to maintain a $1 net asset value (NAV) for participants. There are three types of money market mutual funds: treasury, governmental and prime. Money market mutual funds are designed to provide both safety and liquidity.

REPO A Repurchase Agreement is an investment agreement involving the purchase of a security with a simultaneous agreement to repurchase that security at a specified price and date. Repurchase agreements may be used to earn income on idle cash at or near the federal funds market rate. A holder of securities sells them to an investor with a repurchase agreement. The buyer is in effect lending the seller money for the period of the agreement. The terms of the repurchase agreement are structured to compensate the buyer. Dealers often use repurchase agreements to finance their positions. The exception occurs when the Fed is said to be doing repurchase agreements, in this instance it is lending money, i.e., increasing bank reserves. Repurchase agreements should always be governed by an executed PSA Master Repurchase Agreement between the investor and the dealer to reduce collateral risk. SLMA Student Loan Marketing Association ( Sallie Mae) is a stockholder-owned corporation established by an Act of Congress in 1972. Sallie Mae is the largest source of financing and servicing for education loans in the U.S.

SLGS State and Local Government Series securities are generally used in escrow accounts for advanced refund of bond issues and for certain other funds. Yield is restricted by the Internal Revenue Service's arbitrage regulations. SLGS are non-marketable securities issued by the U.S. Treasury directly to the issuer as a tool to manage yield-restricted bond proceeds. The interest rate on SLGS is selected by the purchaser (e.g., school district) based upon a maximum rate scale published daily by the U.S. Treasury. This allows the purchaser to structure an overall rate of return on the escrow that is less than or equal to the yield on the bond issue so that there is no violation of arbitrage restrictions. The most frequent use of SLGS is in advance refunding transactions in which the yield on the escrow being created to defease old bonds must not be greater than the yield on the refunding bonds sold to fund the escrow. By using SLGS, the bond issuer can structure an optimal structure in an escrow that yields less than the bond yield. Attachment 3-6 Humble Independent School District Investment Report - Compliance Statement March 31, 2008

We, the approved Investment Officers of Humble ISD, hereby certify that the following Investment Report represents the investment position of the District as of March, 2008 in compliance with the Board approved Investment Policy, the Public Funds Investment Act (Texas Government Code 2256 ), and Generally Accepted Accounting Principles (GAAP).

Donna Boyd , Director of Finance

Lynn Lynn , Assistant Superintendent for Finance Humble I.S.D. Attachment 4 Tax Collection Report 3/31/2008

Maintenance & Operations Interest & Sinking Total Collections Current Month Year To Date Current Month Year To Date Current Month Year To Date Current Taxes $ 2,121,440.03 $ 90,597,582.30 $ 550,757.96 $ 23,520,527.18 $ 2,672,197.99 $ 114,118,109.48 Delinquent Taxes 165,057.17 4,324,463.16 31,362.07 838,384.59 196,419.24 5,162,847.75 Penalties & Interest 165,150.02 1,040,964.93 40,604.39 211,548.59 205,754.41 1,252,513.52 Tax Certificates / NSF Fees 224.21 2,437.13 224.21 2,437.13 Total Tax Collections 2,451,871.43 95,965,447.52 622,724.42 24,570,460.36 3,074,595.85 120,535,907.88 Attorney Fees 21,242.95 653,027.13 21,242.95 653,027.13 HCAD Penalty Fees 4,965.48 63,588.85 4,965.48 63,588.85 Overpayments 169,764.06 1,286,975.20 169,764.06 1,286,975.20 Total Collections 2,647,843.92 97,969,038.70 622,724.42 24,570,460.36 3,270,568.34 122,539,499.06 Refunds Due to Roll Corrections (39,191.16) (328,158.80) (9,275.73) (68,148.73) (48,466.89) (396,307.53) Refunds Due to Overpayments (1) (120,904.98) (400,954.55) (120,904.98) (400,954.55) Returned Checks (33,029.63) (330,971.44) (7,355.51) (68,276.94) (40,385.14) (399,248.38) HCAD Penalty Fees (4,965.48) (63,588.85) (4,965.48) (63,588.85) Attorney Fees (21,242.95) (653,027.13) (21,242.95) (653,027.13) Net Collections $ 2,428,509.72 $ 96,192,337.93 $ 606,093.18 $ 24,434,034.69 $ 3,034,602.90 $ 120,626,372.62

Current Taxes Final Delinquent Taxes Tax Year 2007 Tax Year 2006 Tax Year 2006 As of 3/31/08 As of 3/31/07 Total Market Value as of Certification Date $ 9,881,195,041 $ 8,624,973,393 $ 8,624,973,393 $ - $ - Certified Taxable Value 8,289,296,825 7,449,997,743 7,449,997,743 Year To Date Supplementals 1,228,364,916 867,928,216 945,464,868 Year To Date Corrections (33,073,412) (14,190,988) (22,924,384) Year To Date Adjustments (Timber) 7,244,154 11,418,334 14,067,034 Adjusted Taxable Value (3) 9,491,832,483 8,315,153,305 8,386,605,261 Tax Rate 1.31 1.64 1.64

Beginning Tax Levy 108,589,788 122,179,963 122,179,963 9,157,410 8,154,370 Adjust Delinquent Taxes Due to Statute of Limitations (125,540) (106,566) Adjusted Delinquent Tax Roll 9,031,870 8,047,804 Year-To-Date Adjustments 15,748,327 14,188,551 15,360,138 Adjusted Tax Levy 124,338,115 136,368,514 137,540,101 9,031,870 8,047,804 Levy Lost Due to Frozen Accounts (2,514,556) (2,047,320) (2,066,433) Current Levy 121,823,559 134,321,194 135,473,668

Net Collections (2) $ 113,622,380.62 $ 125,582,564.47 $ 130,432,979.08 $ 5,053,022.91 $ 4,289,170.20

% Collected 93.27% 93.49% 96.28% 55.95% 53.30%

(1) Overpayments/double payments by taxpayers or mortgage companies. (2) Net collections equal current collections minus refunds and returned checks. (3) Amount does not include estimated non-certified value of $102,494,506. Board of Trustees Agenda Item

Title: New Buses

Consideration of New Buses

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the award for new buses to Longhorn Bus Sales.

Background /Impact Information: Humble ISD currently operates a fleet of 242 buses. Many of these buses have crossed the twenty year anniversary of service. The Transportation Department identified needs based on a plan to retire a majority of the buses in excess of 20 years and move buses in the 10-20 year group off of daily route use and into the auxiliary service fleet. A Request for Quotation was prepared by the Purchasing Department and submitted through the TASB BuyBoard process for 25 general education (77 passenger) and 15 special needs (47 passenger) new buses. Quotes were solicited from four approved BuyBoard vendors with two companies responding. Based on an analysis of the quotes received, Longhorn Bus Sales was determined as the top vendor with the lowest bid on each of the specified buses. The new buses will meet all current requirements for Texas School Bus Specifications.

The responses also included a quote for a hybrid electric vehicle. If supporting grant funds can be secured, the Transportation Department would like to procure two hybrid buses as a pilot program to determine the benefits of hybrid technologies.

Fiscal Impact Statement: Funding in the amount of $3,501,450 for the new buses will be provided with funds designated for this purpose in Phase 5 of the 2005 Bond Program.

Cost: Budgetary Codes: Recurring Fund Func Object Sub-Object Org PIC One-Time

1 Funding Source: General Fund

Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: Tabulation Summary Campus/Department Submitting Form: Transportation Department Date Submitted: March 25, 2008 Resource Personnel: Mark Krueger, 281-641-8712, [email protected] David W. Hoffman, 281-641-8723, [email protected] Allan Griffin, 281-641-8724, [email protected] Melinda Sappington 281-641-8999, [email protected] Kendra Jackson, 281-641-8992, [email protected]

2 New Bus Purchase RFP # 2008- 067 March 24, 2008 10:00 A.M. TABULATION

VENDORS Longhorn Bus Sales Thomas Bus Gulf Coast GP. INC

6921 Homestead Road 8806 Mississippi Houston, Texas 77028 Houston, Texas 77029 Duke West Wayne Cope 713-631-9306 713-580-7611

ITEM DESCRIPTION QTY. Unit Price Ext. Price Unit Price Ext. Price

A2577 Passenger Bus 177 passenger bus $ 86,707.00 $ 2,167,675.00 $ 87,870.00 $ 2,196,750.00 2Delivery 120-150 Days 120-150 Days B1547 Passenger Bus- Special Needs 147 passenger bus $ 88,865.00 $ 1,332,975.00 $ 93,550.00 $ 1,403,250.00 2Delivery 120-150 days 120-150 days C Fees 1TASB Buyboard Administration Fee 1$ 800.00 $ 800.00 $ 800.00 $ 800.00

TOTAL $ 3,501,450.00 $ 3,600,800.00

The recommended award items are highlighted in YELLOW.

The District sent requests for quotation to 4 vendors. The tabulation represents a summary of the recommended award to the lowest respondent offering product meeting District requirements. These prices, together with each vendor's response and proposal specifications, are available for review in the proposal files maintained by the Purchasing Department. Each vendor is aware that the quantities expressed in the specification document were intended as estimates and in no way should be considered a commitment by the District. Board of Trustees Agenda Item

Title: Chiller Replacement

Consideration of Chiller Replacement at Oak Forest Elementary

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the award for chiller replacements at Oak Forest Elementary to American Mechanical Services of Houston, LLC. Background /Impact Information: The Maintenance Department annually reviews the District A/C chiller replacement schedule and verifies the condition of each chiller. The two chillers at Oak Forest Elementary were installed in 1995 and require that one to two compressors be replaced annually. The Maintenance Department has contracted with four A/C companies (including factory authorized repair companies) to identify and resolve the problems with the chillers at Oak Forest with little long term results. Due to compressor design, these units require continual maintenance.

In order to resolve the chiller problems at Oak Forest, the Maintenance Department requested competitive sealed proposals for replacement chillers. Based on an analysis of the bid tabulations and in strict compliance with the evaluation criteria, American Mechanical Services was detemined as the top vendor.

Fiscal Impact Statement: Funding in the amount of $293,041 will be provided in Phase 5 of the 2005 Bond Program. Cost: Budgetary Codes: Recurring Fund Func Object Sub-Object Org PIC One-Time ------Funding Source: General Fund

Grant Funds (Specify): Fiscal Year: 1

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: Tabulation Summary Campus/Department Submitting Form: Maintenance & Operations Date Submitted: 3/24/08 Resource Personnel: Kenny Kendrick, 281-641-8701, [email protected] Mark Krueger, 281-641-8712, [email protected] Kendra Jackson, 281-641-8992, [email protected]

2 Chiller Replacement RFP # 2008-058 March 13, 2008 9:00 A.M. TABULATION

Vendor by Ranking Amount American Mechnical Services $293,041 Mechanical Piping Systems, Inc. $314,700 TX Lone Star Mech $282,600 C-AIR-S Mechanical, Inc. $331,649 Harcon $350,500 Lakewood Mechanical $386,600 Hunter Allied $363,350 Envirotech $395,979 Gurry Mechanical $353,229 CFI Mechanical $372,750

The District sent requests for proposal to 10 vendors and received 10 responses. The tabulation represents a summary of the recommended award to the respondent offering product meeting District requirements. These prices, together with each vendor's response and proposal specifications, are available for review in the proposal files maintained by the Purchasing Department. Each vendor is aware that the quantities expressed in the specification document were intended as estimates and in no way should be considered a commitment by the District. Board of Trustees Agenda Item

Title: Concrete Services

Consideration of Concrete Services

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the dual award for concrete services to Sparks Construction Services and Southern Customs, Inc. Background /Impact Information: In order to insure competitive pricing/value for various concrete projects within the District, the Maintenance Department requested proposals for multiple types of concrete services including sidewalks, curbs, patios, handicapped ramps, and miscellaneous repairs. The RFP specifications contained twenty-one categories including minimum trip charge for any type of service. Based on an analysis of the bid tabulations and verification of references, the top two vendors were determined to be Sparks Construction Services and Southern Customs, Inc. It was determined to be in the best interest of the District to recommend a dual award in order to insure a comprehensive offering of services for different types of projects as well as availability for various project time lines.

Sparks Construction will be designated as primary vendor. As such, the District will initially contact Sparks Constuction for all concrete services. For those services not provided by Sparks Construction or for projects with timing issues, the District will utilize the services of Southern Customs, Inc. The contract terms will be effective through June 30, 2009, with an option to renew for three additional one-year terms that coincide with the fiscal year.

Fiscal Impact Statement: Funding for concrete services will be provided by the Maintenance & Operations budget and is anticipated to exceed $25,000 in a 12-month period.

Cost: Budgetary Codes: Recurring Fund Func Object Sub-Object Org PIC One-Time ------1 Funding Source: General Fund

Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: Tabulation Summary Campus/Department Submitting Form: Maintenance & Operations Date Submitted: 3/26/08 Resource Personnel: Kenny Kendrick, 281-641-8701, [email protected] Mark Krueger, 281-641-8712, [email protected] Kendra Jackson, 281-641-8992, [email protected]

2 Concrete Services RFP# 2008-038 March 24, 2008 10:00 A.M. TABULATION

Vendor Trip Charge Unit Pricing

1 Sparks Construction Services $250.00 Lowest bidder on 14 out of 21 categories

2 Southern Customs, Inc. $500.00 Lowest bidder on 5 out of 21 categories

Factoring in the trip charge, unit pricing was cost- 3 Concrete Services Inc. $1,500.00 prohibitive

4 Tenney Brick & Concrete Company $375.00 Unit pricing was cost-prohibitive to utilize this vendor

The Purchasing Department sent twenty request for proposals and received four responses. The tabulation represents a summary of the recommended awards to the lowest respondents offering product meeting District requirements. These prices, together with each vendor's response and proposal specifications, are available for review in the proposal files maintained by the Purchasing Department. Each vendor is aware that the quantities expressed in the specification document were intended as estimates and in no way should be considered a commitment by the District. Board of Trustees Agenda Item

District Target References (Check all that apply): Achieve Academic Excellence Number of Board Meetings item Plan for Our Future is planned to be presented: Maximize Our Financial Resources this agenda only Develop and Retain Our People other, explain:

Title: Paving Services

Consideration of Award for the Weckford Drive Cul-de-sac Paving at Summer Creek High School. Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the award to complete the construction of the paving at the cul-de- sac on Weckford Drive to Topco. Topco will complete this project for $68,800.00. Background /Impact Information: The original installation of Weckford Drive was approved by Harris County and was installed by a sub-contractor for the developer. Though the paving itself was concrete, the turning aprons at the cul-de-sac were asphalt. The original paving of Weckford Drive ended at the entrance to the Summer Creek High School main driveway. When the plans for SCHS were approved and accepted by the county, the county did not realize that the Weckford Drive cul-de-sac would sometimes be a dead-end street, if the gates to the high school property were closed.

When this situation was realized, Harris County required that the asphalt turning aprons be removed and replaced with concrete paving. Since this change was necessitated by Humble ISD, funding this project became Humble ISD’s burden.

PBK Architects provided drawings and specifications for this project. On Thursday, March 13, 2008 at 10:00 AM, Humble ISD received competitive sealed proposals. They were opened and read aloud. PBK reviewed the proposals, checked references and recommended that we accept the low proposer, Topco.

If approved, construction will begin on April 14, 2008. Barring weather delays, Substantial Completion is scheduled for May 23, 2008.

1 Fiscal Impact Statement: Cost: Recurring One-Time

Funding Source: General Fund Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: Weckford Drive - Attachment A - Proposal Tab Campus/Department Submitting Form: Construction Department Date Submitted: April 8, 2008 Resource Personnel: [email protected] [email protected] [email protected]

2 PROPOSAL TABULATION SHEET RFP# 2008-0042 WECKFORD DR. CUL-de-SAC @ SUMMER CREEK H.S. HUMBLE INDEPENDENT SCHOOL DISTRICT

Proposal Date/Time: Thursday, March 13, 2008; 10:00 a.m. PBK Project No.: 0623-02

Rebel Dozier Service and Beyer Construction Jaho Inc Topco Construction

BASE PROPOSAL $85,000.00 $73,400.45 $68,800.00 $99,300.00

Proposal Bond Yes Yes Yes Yes CONTRACTOR'S PROJECT TEAM MEMBERS Project Manager Joseph Coleman Greg Pollard Tony Posso Jack Prentiss

Project Superintendent T.B.D Shawn Orum Doug Posso Tim Glass

Assistant Superintendent James Thompson N/A N/A N/A

FELONY CONVICTION NOTIFICATION Yes Yes Yes No AFFIDAVIT OF NON-DISCRIMINATORY Yes Yes Yes No EMPLOYMENT

PROPOSAL EVALUATION WAIVER Yes Yes Yes No

Conflict of Interest Questionaire Yes - Not Signed Yes Yes No

A305 Submitted (Qualifications) No Yes Yes No

Ranking 3214

leh\F:\06\0623\Drawings\0623-02\Proposal\0623-02-Proposal Tab.xls Page 1 of 1 Board of Trustees Agenda Item

Title: Painting Services

Consideration of Painting Services at Timberwood Middle School and Humble Elementary School Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve the award for painting services at Timberwood Middle School to Morales Construction and at Humble Elementary School to Finishing By Progressive. Background /Impact Information: The Custodial Operations Department annually reviews the interior and exterior condition of District facilities regarding maintenance and repairs. Historically, District buildings have been repainted based on a 10-year painting schedule. In order to maintain the painting schedule, the Custodial Operations Department requested sealed proposals for painting services. Based on an analysis of the bid tabulations and verification of references, the top two vendors were determined to be Morales Construction and Finishing By Progressive. It was determined to be in the best interest of the District to recommend a dual award in order to insure availability for various project time lines.

Fiscal Impact Statement: Funding for these two projects in the amount of $123,265 will be provided with funds designated for painting projects in Phase 5 of the 2005 Bond Program. The total expenditure for painting projects will not exceed the approved budget amount of $212,157.

Cost: Recurring One-Time

Funding Source: General Fund

Grant Funds (Specify): Fiscal Year:

1 Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: Tabulation Summary Campus/Department Submitting Form: Custodial Operations Date Submitted: March 13, 2008 Resource Personnel: Tom Duffee, 281-641-8751, [email protected] Mark Krueger, 281-641-8712, [email protected] Catherine Dalles, 281-641-8994, [email protected]

2 PAINTING (INTERIOR & EXTERIOR) OF TMS & HUMBLE ELEM THURSDAY, MARCH 6TH, 2008 @ 1:30 P.M. TABULATION Vendor Timberwood Middle Humble Elementary Finishing by Progressive $74,500 $50,840 Morales Construction$72,425 $52,450 CertaPro Painters$169,182 $85,218 Harris Construction$94,450 $89,820 AJ Painting & Restoration $146,000 $149,000 SYMCO Painters Int'l$260,978 $177,589

The District sent requests for proposals to 16 vendors and received 2 no proposal notifications. The tabulation represents a summary of the recommended awards to the lowest respondents offering product meeting District requirements. These prices, together with each vendor's response and proposal specifications, are available for review in the proposal files maintained by the Purchasing Department. Each vendor is aware that the quantities expressed in the specification document were intended as estimates and in no way should be considered a commitment by the District. Board of Trustees Agenda Item

District Target References (Check all that apply): Achieve Academic Excellence Number of Board Meetings item Plan for Our Future is planned to be presented: Maximize Our Financial Resources this agenda only Develop and Retain Our People other, explain:

Title: Bond 2005 Major Renovations - Phase IV

Consideration of Award Contractor for Bond 2005 Major Renovations - Phase IV

Superintendent’s Recommendation: The Superintendent recommends that the Board of Trustees approve Prime Contractors to complete the construction of the Bond 2005 Major Renovations - Phase IV package. Background /Impact Information: On November 13, 2007, the Board approved the design development for the Major Renovations-Phase IV package completed by PBK Architects. Humble, Jack Fields, Lakeland, North Belt, Whispering Pines Elementaries and Humble Middle School were included in the project.

Bids were received on March 13, 2008, from three (3) contractors. As a result of recent inflation, all bids were over the allocated Bond 2005 budget of $6.8million. Overages ranged from $1.3million to $1.9million. In order to bring the project within budget the Facility Planning and Construction Department, Maintenance & Operations Department, Child Nutrition Services and PBK Architects worked to reassess those items for each school that were the most critical as well as those that could be deferred.

The remaining scope of the work encompasses 5 campuses with the majority of each of those 5 campus projects remaining to be completed. Following are examples of items that were eliminated or modified: • Whispering Pines Elementary -- deferred all items (HVAC & maintenance replacement items, covered awning over walkway, upgrade burglar alarm, replace toilet partitions, replace drinking fountains, replace dividing walls, replace dish machine) • Jack Fields Elementary -- deferred all except an add'l serving line (no new water heater, maintenance on cooling tower, library enclosure, or new fire alarm system) • Lakeland Elementary -- deferred kitchen remodel, drinking fountain replacements, drainage improvements, changed HVAC return air and diffuser replacement covers • Humble Elementary -- deferred 6 sinks requested by campus 1 • North Belt Elementary -- changed HVAC replacement of diffusers and eliminated boots • Humble Middle School -- deferred snack bar, art room casework, changed HVAC diffusers

The deferred projects will be considered using surplus Bond 2005 funds and/or surplus Bond 2008 funds (if approved by the voters in May 2008).

Prime Contractors is being recommended to complete the scope of this work based on their previous experience in the District. Additionally Prime has demonstrated a collaborative attitude to work with the District in an effort to bring this scope of work within budget without sacrifice to quality or service.

Fiscal Impact Statement: The contract amount shall be $6,560,056 which has been calculated through value engineering and scope reductions totaling $2,019,944, from the original bid of $8,580,000.

Cost: Budgetary Codes: Recurring Fund Func Object Sub-Object Org PIC One-Time ------Funding Source: General Fund Grant Funds (Specify): Fiscal Year: Harris County Community & Economic Devel Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

Attachments: (1) Proposal Tab Sheet Campus/Department Submitting Form: Facility Planning & Construction Department Date Submitted: April 3, 2008 Resource Personnel: Mark Krueger 281.641.8712 [email protected] Deborah A. Yocham 281.641.8702 [email protected] Karl Lundquist 281.641.8749 [email protected]

2 PROPOSAL TABULATION SHEET RFP# 2008-052 PHASE 5 MAJOR RENOVATIONS HUMBLE INDEPENDENT SCHOOL DISTRICT

Proposal Date: Thursday, March 13, 2008, Base and Alternate Proposal - 2:00 p.m. PBK Project No.: 0785

DivisionOne ICI Construction Prime Contractors

PROPOSAL BOND SUBMITTED SUBMITTED SUBMITTED

BASE PROPOSAL $8,759,000.00 $8,100,000.00 $8,580,000.00

ADDENDA No. 1 & 2 & 3 Acknowledged Acknowledged Acknowledged

ALTERNATES Alternate No. HES 01: Add door & window $7,500.00 $8,000.00 $10,000.00 frame system at library.

Alternate No. HMS 01: Remove existing $11,000.00 $10,000.00 $3,000.00 marquee sign and relocate to building wall

Alternate No. HMS 02: Provide new $20,000.00 $15,000.00 $20,000.00 marquee sign at building wall Alternate No. HMS 03: Provide new $32,000.00 $15,000.00 $6,000.00 signage at all interior rooms Alternate No. HMS 04: Replace flooring at $63,000.00 $75,000.00 $50,000.00 gym, with wood flooring Alternate No. HMS 05: Replace flooring at $57,000.00 $82,000.00 $6,000.00 gym, with 'Sport Court' flooring Alternate No. HMS 06: Demo existing $3,000.00 $4,000.00 $1,000.00 marquee sign only Alternate No. JFES 01: Replace cooling $88,000.00 $86,000.00 $80,000.00 tower with new unit Alternate No. NBES 01: Food service $15,000.00 $29,000.00 $12,000.00 layout Alternate No. NBES 02: Add parking $25,000.00 $15,000.00 $28,000.00 spaces at southwest corner of site Alternate No. WPES 01: Replace existing $9,000.00 $8,000.00 $8,000.00 operable walls at cafeteria Alternate No. FES 01: Add door & window $11,000.00 $12,000.00 $12,000.00 frame system at lobby MAJOR SUBCONTRACTORS; Mechanical: Tri-Co Mechanical Rex Mechanical Standard Mechanical Electrical: Aus-Tex Electric Grant Electric Grant or Aus-Tex Plumbing: Ramco Cougar JC Mechanical Masonry: Walton Masonry Walton Masonry Walton Masonry Steel: ACE Ace Fabrications Empire Steel FELONY CONVICTION NOTIFICATION SUBMITTED SUBMITTED SUBMITTED AFFIDAVIT OF NON-DISCRIMINATORY SUBMITTED SUBMITTED SUBMITTED EMPLOYMENT PROPOSAL EVALUATION WAIVER SUBMITTED SUBMITTED SUBMITTED

Grand Total: Includes Base Proposal, $8,759,000.00 $8,100,000.00 $8,580,000.00 Alternate No. 1 & 3

BP doesn't include: 1. Fire alarms @ New Add'n & Renovations for HMS; 2. Lakeland ES Alt to replace AHU Security System upgrades @ HMS, NBE EXCLUSIONS: See Proposal NONE as per M Dwgs adds $15,000 & LE; 3. Improved parking lighting at NBE scope of work not shown on dwgs.

Evaluation Criteria - Total Points 77.50 88.25 88.38

Ranking

lc\T:\Support Services-Reports, Considerations & Purchases\Major Renovations - Attachment 1.xls Page 1 of 1 Board of Trustees Agenda Item

District Target References (Check all that apply): Achieve Academic Excellence Number of Board Meetings item Plan for Our Future is planned to be presented: Maximize Our Financial Resources this agenda only Develop and Retain Our People other, explain:

Title: “Go Green Committee”

Report on District "Go Green Committee" Recommendations

Background /Impact Information:

On February 21, 2008, eighty-seven (87) students, teachers, staff members and community volunteers joined together to form the Humble ISD Go Green Committee. The members of the Go Green were asked to respond to the following charges that were issued to by the Superintendent:

GO GREEN COMMITTEE CHARGES

9 Recommend school design standards that are cost effective, energy conserving, and environmentally friendly while also providing a healthy, safe, and comfortable learning environment.

9 Compare Humble ISD’s current consumption of electricity, natural gas, and water with school districts of similar characteristics and recommend ways to further decrease energy consumption

9 Recommend ways to increase recycling and to decrease disposable waste in Humble ISD facilities

9 Review best practices for maintaining and operating school buildings efficiently and make recommendations for improving Humble ISD’s energy conservation guidelines

9 Recommend new and emerging energy conserving measures that have a payback of 10 years or less

9 Recommend one District-wide energy conserving or recycling activity and encourage campuses to initiate energy conserving and recycling activities

9 Develop a communication and education plan for sharing energy conserving and recycling best practices with students, staff, and the community

9 Recommend energy conserving and eco-friendly procedures for purchasing and operating vehicles and equipment The Go Green Committee met three times over a two-month period. At the first Go Green meeting, members self-selected and joined one of five subcommittees (facilitators listed in parentheses):

1 1. School Building Design Standards (Deborah Yocham) 2. Energy Conserving Measures (Tom Duffee) 3. Maintenance and Operations of Existing School Facilities (Karl Lundquist) 4. Student Subcommittee (Alyssa Howell and Kim Huseman) 5. Transportation and Purchasing (David Hoffman)

Each subcommittee was facilitated by a District representative and met several more times independent of the Go Green committee meetings. Subcommittee members selected a chairperson, reviewed their respective tasks, investigated and researched options, developed preliminary findings and directions, and ultimately reached consensus on final recommendations (cfr. attached Final Recommendations).

At the May 13th Board meeting, the Superintendent will recommend that the Board adopt a series of recommendations from the Go Green Committee that will be implemented by Humble ISD over the next several months and years. Some “green” recommendations are “no cost” items that can be easily implemented while other recommendations have significant cost associated with them that need to be carefully considered by the administration and Board before adopting.

The Humble ISD community owes a debt of gratitude to the Go Green Committee members who volunteered to work on this endeavor. As a result of their efforts, Humble ISD and its community will take a major step toward:

- Conserving energy and conserving resources - Reducing the school district’s utility bills - Creating healthy school buildings - Educating the community about the values of energy and resource conservation

Green schools are not only better for the environment; they are also healthier for students and teachers.

Green schools have higher student attendance and teacher retention rates than do conventional schools. Green schools have better lighting, temperature controls, and ventilation which contribute to higher student achievement and reduced instances of asthma, colds, flu and absenteeism. Green schools cost less money to operate and use less water and energy. Although initial construction costs may be $1-2 per square foot more than a conventional building, the return on investment is typically three years or less.

Humble ISD has had a long-term commitment to energy conservation. The “Go Green Committee” is a continuation of that long-term commitment to reducing energy use, reducing waste, preserving resources, and being good stewards of the taxpayer’s dollars.

Fiscal Impact Statement: Cost: Recurring One-Time

Funding Source: General Fund Grant Funds (Specify): Fiscal Year:

Bond Funds (Specify): Amendment Required? Yes No

Other Funds ( Specify):

2 Attachments: Go Green Committee Final Recommendations (to be distributed at meeting)

Campus/Department Submitting Form: Support Services Division Date Submitted: April 8, 2008 Resource Personnel: Mark Krueger 281-641-8712 [email protected]

Subcommittee facilitators are Deborah Yocham, Tom Duffee, Karl Lundquist, David Hoffman, Alyssa Howell and Kim Huseman