| (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:
(i) physician;
(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.
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