37 Tex. Admin. Code § 348.200 - Program Administration and Organization
(a) Mission of the JJAEP.
(1) Academically, the mission of the JJAEP
shall be to enable students to perform at grade level.
(2) The mission statement must be located in
the JJAEP's policies and procedures manual and in the student code of
conduct.
(b) Policies
and Procedures.
(1) The JJAEP must:
(A) have written policies and procedures that
govern all aspects of the operation of the program, including personnel,
administration, programming, training, and any other program requirement
included in this chapter;
(B) be
operated according to the written policies and procedures; and
(C) submit the written policies and
procedures to TJJD for review and comment at the following times:
(i) no later than October 1 of each year;
and
(ii) upon request from
TJJD.
(2) The
written policies and procedures must be readily accessible to every JJAEP staff
member.
(c) Memorandum
of Understanding.
(1) The juvenile board must
annually enter into a memorandum of understanding with each participating
school district. The memorandum of understanding must address the items listed
in Section
37.011(k),
Education Code.
(2) The memorandum
of understanding must be submitted to TJJD annually no later than October
1.
(d) Research Studies
and Experimentation. The JJAEP must adhere to requirements established by
§
341.200 of this title regarding
research studies and experimentation involving students in JJAEPs.
(e) JJAEP Performance Review. The juvenile
board and the JJAEP administrator must conduct an annual performance review of
the JJAEP between the conclusion of the school year and the beginning of the
next school year to determine the effectiveness of the program.
(1) The information reviewed must include:
(A) the number of student entries and exits
during the previous school year;
(B) the reason for student entries and exits
during the previous school year;
(C) the number of students who entered the
program during the previous school year who were eligible for special education
services;
(D) student academic
performance as measured by passing rates and, if applicable, half-credits
earned for students who exited the program during the previous school
year;
(E) attendance rates for the
entire length of enrollment for students who exited the program during the
previous school year;
(F)
assessment scores for mathematics and reading as measured by the TJJD-required
pre-test and post-test scores, if applicable, for students who exited the
program during the previous school year;
(G) the number of new arrests or referrals
that occurred during the entire length of enrollment for students who exited
the JJAEP during the previous school year; and
(H) the number of restraints by type (i.e.,
mechanical or personal) during the previous school year.
(2) A written report must be completed that
includes the data listed in paragraph (1) of this subsection, an analysis of
the JJAEP's effectiveness, and any changes to be implemented as a result of the
review.
(3) The report must be
submitted to TJJD no later than October 1.
(f) JJAEP Management Review. The JJAEP
administrator must conduct an annual review of the overall operations of the
JJAEP before the beginning of each school year.
(1) The review must include an assessment of
the following topics and identify any needed changes:
(A) safety and security;
(B) inter-local cooperation; and
(C) the student code of conduct.
(2) Existing policies and
procedures must be reviewed and assessed to determine their continued relevance
to the mission of the JJAEP.
(3)
Documentation of the review must be maintained.
(g) Required Staff Members.
(1) JJAEP Administrator. The juvenile board
or chief juvenile probation officer must designate a JJAEP administrator. The
JJAEP administrator must:
(A) hold a
bachelor's degree from a college or university accredited by an organization
recognized by the Texas Higher Education Coordinating Board;
(B) possess juvenile justice experience
and/or education experience;
(C)
ensure compliance with all applicable laws and rules related to JJAEPs;
and
(D) ensure compliance with
provisions of all contracts with TJJD related to JJAEPs.
(2) Instructional Staff Members.
(A) The JJAEP must maintain a ratio of at
least one instructional staff member for every 24 enrolled students.
Instructional staff members include only:
(i)
teachers who are certified, are highly qualified, and/or meet the teaching
requirements of the organization providing education services at the
JJAEP;
(ii) certified educational
aides; and
(iii) substitute
teachers.
(B) The
instructional staff members for the JJAEP must include at least one teacher
certified by the State Board for Education Certification (SBEC).
(C) The JJAEP must provide at least the
minimum number of special education teachers required by federal law.
(D) A special education teacher must be
certified as a special education teacher by SBEC or be eligible to work as a
special education teacher prior to obtaining certification, as allowed by
SBEC.
(E) Upon entry into the
JJAEP, substitute teachers who are not JJAEP staff members must be provided the
JJAEP student code of conduct and JJAEP policies and procedures that directly
affect their duties and sign an acknowledgment of receipt.
(3) Caseworkers.
(A) A caseworker must be a social worker,
juvenile probation officer assigned to the JJAEP, counselor, or other mental
health provider, as defined in Chapter 355 of this title.
(B) Caseworkers must meet the minimum
professional requirements and be licensed or certified by the appropriate
licensing board in their field.
(C)
The JJAEP must maintain a ratio of at least one caseworker for every 50
enrolled students.
(i) At a JJAEP with 50 or
fewer enrolled students, the caseworker must be present during all operational
hours of the JJAEP, except as noted in clauses (vi) and (vii) of this
subparagraph.
(ii) At a JJAEP with
51-100 enrolled students, one caseworker must be present during all operational
hours of the JJAEP, except as noted in clauses (vi) and (vii) of this
subparagraph. The second caseworker must be present for at least four of the
JJAEP's daily operational hours, except as noted in clauses (vi) and (vii) of
this subparagraph.
(iii) At a JJAEP
with 101-150 enrolled students, two caseworkers must be present during all
operational hours of the JJAEP, except as noted in clauses (vi) and (vii) of
this subparagraph. The third caseworker must be present for at least four of
the JJAEP's daily operational hours, except as noted in clauses (vi) and (vii)
of this subparagraph.
(iv) At a
JJAEP with 151-200 enrolled students, three caseworkers must be present during
all operational hours of the JJAEP, except as noted in clauses (vi) and (vii)
of this subparagraph. The fourth caseworker must be present for at least four
of the JJAEP's daily operational hours, except as noted in clauses (vi) and
(vii) of this subparagraph.
(v) At
a JJAEP with more than 200 enrolled students, the number of caseworkers
required to be present during all operational hours of the JJAEP follows the
same pattern set forth in clauses (i) - (iv) of this subparagraph.
(vi) A substitute caseworker is not required
when a caseworker is absent for three or fewer consecutive school days. A
substitute caseworker is required if an absence is more than three consecutive
school days.
(vii) A caseworker who
must leave the JJAEP site to complete a JJAEP-related duty is considered
present for purposes of calculating the ratio.
(4) Supervision Staff Members.
(A) The JJAEP must ensure an adequate number
of supervision staff members are present during all operational
hours.
(B) Supervision staff
members include drill instructors, educational aides, security personnel,
juvenile supervision officers, juvenile probation officers, community
activities officers, and behavior management staff.
(C) Any staff member, excluding a certified
physical education teacher, who participates in the administration of intensive
physical activity must be a:
(i) juvenile
supervision officer;
(ii) juvenile
probation officer; or
(iii)
community activities officer who has received training in adolescent
development and behavior, as required by §
341.402 of this title.
(D) Except for professionals as
defined in §
344.100 of this title who are
providing services in their professional capacity, any staff member whose
position may require supervising or transporting JJAEP students must be:
(i) certified by TJJD as a juvenile probation
officer, juvenile supervision officer, or community activities officer;
or
(5) Operational Staff Members.
(A) Operational staff members include
instructional staff members, supervision staff members, caseworkers, and JJAEP
administrators.
(B) The JJAEP must
maintain a ratio of at least one operational staff member for every 12 enrolled
students.
(h)
Verification Documentation.
(1) The JJAEP must
maintain a daily staff member roster, staff sign-in sheet, or other
verification document that identifies each of the operational staff members who
are present in the JJAEP each day.
(2) The staff member roster, sign-in sheet,
or other verification document must include the date, the time of entry and
exit, the staff member's full name, and the staff member's position or title.
Electronic records are acceptable for documenting whether staff members are
present or absent.
Notes
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