Section 348.208 - Program Requirements(a) Special Education. (1) The JJAEP, in collaboration with the sending school district, must ensure that a student with a disability who receives special education services is provided educational services that will support the student in meeting the goals identified in the individualized education program established by a duly constituted admission, review, and dismissal (ARD) committee, in accordance with Section 37.004, Education Code, and federal requirements.(2) The following ARD committee documentation must be maintained for each special education eligible student: (A) the most recent full and complete ARD meeting paperwork;(B) the manifestation determination ARD meeting paperwork; and(C) the most recent evaluation of eligibility for special education services.(b) English as a Second Language (ESL). (1) The JJAEP, in collaboration with the sending school district, must ensure that a student who is non-English speaking or who speaks English as a second language is provided ESL services and instruction appropriate to address his or her needs, as determined by a language proficiency assessment committee (LPAC).(2) Documentation of LPAC determinations must be maintained.(c) Section-504-Eligible Students.(1) The JJAEP must ensure, in collaboration with the sending school district, that a student who is eligible for services under Section 504 of the Rehabilitation Act of 1973 is provided services and instruction appropriate to address his or her needs, as determined by a Section 504 committee.(2) Documentation of Section 504 eligibility determinations must be maintained.(d) Standardized Testing Protocols. (1) JJAEP policies and procedures must describe the safeguards the JJAEP will use to maintain the integrity of the standardized testing process and confidentiality of test results.(2) JJAEP policies and procedures must include the following requirements:(A) tests must be maintained in a secure setting (e.g., a locked file cabinet) so that staff and students do not have access to the test except while the test is being administered;(B) staff are prohibited from making copies of the test;(C) staff are prohibited from teaching the specific questions on the test; and(D) unauthorized persons are prohibited from receiving test results, whether hard copy or electronic.(3) For statewide standardized tests, the JJAEP must adhere to all testing protocols required by the Texas Education Agency.(4) The JJAEP must administer the standardized test selected by TJJD to measure progress in reading and mathematics for students who will be enrolled in the JJAEP for at least 75 school days.(A) The pre-test must be administered within 15 days after the student's enrollment.(B) The post-test must be administered no sooner than 60 days after the student's enrollment.(e) Counseling. Counseling services (individual or group) must be available to all students in attendance at the JJAEP.(f) Meals. (1) Written policies and procedures must require that each student in attendance at the JJAEP is provided a lunch meal on each school day.(2) A student may not be denied a lunch meal as a disciplinary measure.(g) Medical. (1) Authorization to Consent to Treatment. The JJAEP must have on file for each student: (A) an authorization to consent to medical treatment in accordance with Section 32.001, Family Code, signed by the student's parent, guardian, or custodian; or(B) documentation indicating the parent, guardian, or custodian has refused to sign.(2) Medication Administration. The JJAEP must have written policies and procedures governing the administration of medication to students. The policies and procedures must: (A) specify which personnel are authorized to dispense medication to students;(B) identify requirements for the storage, use, and distribution of all medication provided to students;(C) require the student's parent, guardian, or custodian to provide a written request for the administration of the medication;(D) specify that the JJAEP will not accept medication unless it is in the original, properly labeled container; and(E) require that distribution of all medication be documented, including the date/time administered, name of the person who administered, student's name, type of medication, and dosage.(h) Programs that Include Intensive Physical Activity.(1) Weather-Related Policies. A JJAEP that has an intensive physical activity component must develop written policies and procedures regarding extreme weather conditions. These policies and procedures must address the following:(A) gradual acclimatization to hot weather;(B) student clothing for various weather conditions;(C) specific criteria for temperature and humidity level and other weather conditions that indicate when outside activity is not allowed; and(D) the provision of a water break to students at least once every 30 minutes during the intensive physical activity period.(2) Pre-Participation Physical Evaluation.(A) A student may not participate in intensive physical activity unless the student has received a pre-participation physical evaluation performed by a Texas-licensed:(ii) physician assistant;(iii) advanced practice registered nurse; or(iv) doctor of chiropractic.(B) The pre-participation physical evaluation must have been completed within one calendar year prior to the student's participation in intensive physical activity.(C) The pre-participation physical evaluation must indicate whether or not the student has any temporary or permanent physical limitations or conditions that would limit or prohibit participation in intensive physical activity.(D) The JJAEP must adhere to the limitations or prohibitions noted in the pre-participation physical evaluation report.37 Tex. Admin. Code § 348.208
Adopted by Texas Register, Volume 43, Number 17, April 27, 2018, TexReg 2597, eff. 8/1/2018