| (a) Use of the Words "Including" and "Includes." When
used in this chapter, the words "including" and "includes" are to
be understood as introducing a non-exhaustive list, unless the context
clearly indicates otherwise.
(b) Applicability. This chapter applies to JJAEPs operated
under Section 37.011, Education Code.
(c) Records Retention. For purposes of this chapter,
any standard that requires documentation to be maintained but does
not specify the length of the retention period means at least two
years past the end of the school year in which the student exited
the JJAEP unless the local records retention schedule specifies a
longer retention period.
(d) Policies and Procedures. Any policy or procedure
required by this chapter must be established by the juvenile board
that is responsible for the operation of the JJAEP.
(e) Parent Notifications.
(1) Any requirement in this chapter for the JJAEP to
provide a notice to a student's parent, guardian, or custodian applies
only if:
(A) the student is under 18 years of age; or
(B) the student is 18 years of age or older and:
(i) has provided written consent;
(ii) the student has a disability and has authorized
the parent, guardian, custodian, or other designated individual to
receive the notification under a supported decision-making agreement,
as referenced in Chapter 1357, Estates Code;
(iii) the student is a dependent student as defined
in Section 152 of the Internal Revenue Code and the notice relates
to education services; or
(iv) the notification is one that the parent would
have received under the Individuals with Disabilities Education Act
before the student reached 18 years of age.
(2) Any notifications provided under paragraph (1)(B)
of this subsection to a parent, guardian, or custodian without the
written consent of a student who is at least 18 years of age must
also be provided to the student.
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