PART 2. TEXAS EDUCATION AGENCY
CHAPTER 89. ADAPTATIONS FOR SPECIAL POPULATIONS
SUBCHAPTER HH. COMMISSIONER'S RULES CONCERNING EDUCATION IN A JUVENILE RESIDENTIAL FACILITY
The Texas Education Agency (TEA) proposes new §89.1801, concerning education in a juvenile residential facility. In accordance with the Texas Education Code (TEC), §37.0062, the proposed new rule would adopt instructional requirements for education services provided by a school district or open-enrollment charter school in a pre-adjudication or a post-adjudication residential facility.
Juvenile detention centers are short-term, pre-adjudication or post-adjudication secure facilities. Administered by a juvenile board or a privately operated facility certified by the juvenile board, these facilities are designed for the temporary placement of any juvenile or other individual who is accused of having committed an offense and is awaiting court action, an administrative hearing, or other transfer action. Post-adjudication secure correctional facilities operated by the Texas Youth Commission are administered in the same way, but are intended for the treatment and rehabilitation of youth who have been adjudicated.
School districts are required to provide education to students placed in pre-adjudication or post-adjudication juvenile residential facilities, but the level of education varies across the state and in many instances there is minimal education provided to these students due to the lack of education standards.
House Bill (HB) 425, 80th Texas Legislature, 2007, amended the TEC, Chapter 37, by adding the TEC, §37.0062, giving the commissioner of education authority to adopt rules to establish the instructional requirements for education services provided by a school district or open-enrollment charter school in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility operated by a juvenile board or a post-adjudication secure correctional facility operated under contract with the Texas Youth Commission. Until 2007, instructional requirements for education services for residential facilities were not addressed under the TEC, Chapter 37.
HB 425 requires the commissioner to coordinate with the Texas Juvenile Probation Commission and the Texas Youth Commission in determining the instructional requirements in pre- and post-adjudication residential facilities to ensure that students who are detained have access to a quality education.
The proposed new 19 TAC §89.1801 would implement the TEC, §37.0062, by establishing in rule educational standards for instructional requirements for pre- and post-adjudication residential facilities. As directed by statute, the proposed new rule would include provisions relating to the length of the school day, the number of days of instruction provided to students each school year, and the curriculum of the educational program to enable students to maintain progress toward completing high school graduation requirements.
The proposed new rule would require school districts, open-enrollment charter schools, and pre- and post-adjudication residential facilities to maintain documentation of educational services that are provided to students.
Jeff Kloster, associate commissioner for health and safety, has determined that for the first five-year period the new rule is in effect there will be no additional costs for state or local government as a result of enforcing or administering the new rule.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
Mr. Kloster has determined that for each year of the first five years the new rule is in effect the public benefit anticipated as a result of enforcing the new rule will be consistent standards for educational services for pre- and post-adjudication residential facilities to ensure that students who are detained under the criminal justice system have access to a quality education. There is no anticipated economic cost to persons who are required to comply with the proposed new rule.
The public comment period on the proposal begins January 9, 2009, and ends February 9, 2009. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register on January 9, 2009.
The new rule is proposed under the TEC, §37.0062, which authorizes the commissioner of education to adopt rules necessary to establish instructional requirements for alternative education services in juvenile residential facilities.
The proposed new rule implements the TEC, §37.0062.
§89.1801.Instructional Requirements for Education Services Provided in a Juvenile Residential Facility.
(a) Definition. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Pre-adjudication secure detention facility--A secure facility administered by a governing board that includes construction and fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility and is used for the temporary placement of any juvenile or other individual who is accused of having committed an offense and is awaiting court action, an administrative hearing, or other transfer action.
(2) Post-adjudication secure correctional facility--A secure facility administered by a governing board or the Texas Youth Commission that includes construction and fixtures designed to physically restrict the movements and activities of the residents and is intended for the treatment and rehabilitation of youth who have been adjudicated. A post-adjudication secure correctional facility does not include any non-secure residential program operating under the authority of a juvenile board as defined by the Texas Family Code, §51.12(j).
(3) Resident--A juvenile or other individual who has been admitted into a pre-adjudication secure detention facility or a post-adjudication secure correctional facility.
(4) Residential facility--A facility as described by the Texas Education Code (TEC), §5.001(8).
(5) School district--The educational service provider in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility. For the purposes of this subchapter, the definition of school district includes open-enrollment charter school.
(b) Enrollment.
(1) The school district providing the education services in a pre-adjudication secure detention facility shall ensure that a student is enrolled in its school district or, by local agreement, in the student's locally-assigned school district on the first school day after the student's arrival at the facility unless it is confirmed that the student will return to a different district within ten days. The school district that maintains a student's enrollment is responsible for ensuring that appropriate education services are provided to each of its students while in the facility.
(2) The school district providing the education services in a post-adjudication secure correctional facility shall ensure that a student is enrolled in its school district or, by local agreement, in the student's locally-assigned school district on the student's first school day in the facility as a court-committed juvenile.
(3) The school district in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility shall coordinate with the student's previous locally-assigned campus to ensure that appropriate academic records are received within ten school days of the student's enrollment.
(c) Class size. The school district shall ensure that the classroom ratio does not exceed one certified educator to 24 students per class period.
(d) Pre-assessment. The school district shall ensure that a pre-assessment is administered to students in a post-adjudication secure correctional facility. The pre-assessment shall:
(1) be administered within ten school days from the student's first day of enrollment; and
(2) at a minimum, evaluate the student's basic reading and mathematics skills in relation to their current grade level.
(e) Curriculum of the educational program.
(1) Each school district in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility shall, at a minimum, provide students with the subjects and courses necessary to complete the minimum high school program, as specified in §74.62 of this title (relating to Minimum High School Program).
(2) Each school district in a pre-adjudication secure detention facility shall ensure that a student is provided courses that afford an opportunity of continued progress toward the completion of the minimum high school program, as specified in §74.62 of this title.
(3) Each school district in the post-adjudication secure correctional facility shall, at a minimum, provide a student curriculum that enables the student the opportunity to complete the requirements of the minimum high school program, as specified in §74.62 of this title.
(4) The school district in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility shall ensure that the educational services of the students consist of curriculum that is aligned with the requirements described in the TEC, §28.002, and the Texas Essential Knowledge and Skills (TEKS).
(5) The school district in a post-adjudication secure correctional facility shall provide students, ages 15-18 and identified as appropriate candidates, the opportunity and resources to prepare for the five general educational development examinations.
(f) Award of credit. The school district in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility shall grant credits for coursework completed to ensure that high school credit is awarded to students for the successful completion of required courses while enrolled in educational services at the facility.
(g) Length and number of school days required.
(1) The school district in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility shall, at a minimum, provide a seven-hour school day that consists of at least five and one-half hours of required secondary curriculum to students in the facility. For each school year, each school district must operate so that the facility provides for at least 180 days of instruction for students.
(2) The school district in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility shall ensure that students with disabilities are provided instructional days commensurate with those provided to students without disabilities in accordance with requirements contained in §89.1075(d) of this title (relating to General Program Requirements and Local District Procedures).
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 19, 2008.
TRD-200806652
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: February 8, 2009
For further information, please call: (512) 475-1497