Section 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: (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(ii) otherwise authorized to perform the duties of a certified juvenile probation officer, community activities officer, or juvenile supervision officer under §§ 341.400, 341.402, 343.428, 343.622, or 355.428 of this title, as applicable.(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.37 Tex. Admin. Code § 348.200
The provisions of this §348.200 adopted to be effective August 1, 2011, 36 TexReg 846; Adopted by Texas Register, Volume 43, Number 17, April 27, 2018, TexReg 2597, eff. 8/1/2018