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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 11TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 348JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS
SUBCHAPTER BPROGRAM OPERATIONS
RULE §348.216Safety, Security, and Emergency Response

(a) Security Plan. The JJAEP must have a written plan that addresses security:

  (1) within the JJAEP building(s);

  (2) on the JJAEP campus;

  (3) at JJAEP-sponsored events that take place off campus property; and

  (4) during transportation of JJAEP students; if applicable.

(b) Transportation. The JJAEP must have written policies and procedures that govern the use of motor vehicles to transport students enrolled in the JJAEP. The policies and procedures must address the following:

  (1) authorized methods of transportation;

  (2) security and supervision requirements;

  (3) authorized transport personnel;

  (4) procedures for responding to emergencies while transporting students;

  (5) a requirement to possess appropriate auto liability insurance when transporting students in personal vehicles, if allowed; and

  (6) circumstances under which a student is allowed to drive a personal vehicle to the JJAEP campus.

(c) Emergency Situations. The JJAEP must have written policies and procedures regarding emergency situations. The policies and procedures must address the following:

  (1) emergency evacuation plans;

  (2) assignment of staff responsibilities;

  (3) notification of emergency services; and

  (4) procedures for specific emergency situations, including:

    (A) fire;

    (B) bomb threat;

    (C) hazardous weather conditions;

    (D) active shooter event; and

    (E) riot.

(d) Medical Emergencies. The JJAEP must have written policies and procedures addressing medical emergencies. The policies and procedures must address the following:

  (1) obtaining medical assistance;

  (2) when emergency medical services must be called;

  (3) notification to appropriate staff and to the parent, guardian, or custodian of the student involved; and

  (4) documentation of the incident.

(e) Cardiopulmonary Resuscitation (CPR) and First Aid. Each JJAEP must have at least two staff members certified in CPR and first aid on duty and in close proximity to the students at all times when students are present at the JJAEP campus. Proof of current certification must be maintained in personnel or training files. Documentation must reflect the day certification expires.

(f) Emergency Exit Drills. The JJAEP must conduct at least two emergency exit drills during the school year unless local fire codes or ordinances require these drills more frequently. At least one drill must be conducted during the first half of the school year (August-December) and at least one drill must be conducted during the second half of the school year (January-June).

  (1) Written documentation (e.g., fire drill log) of the emergency exit drills must be maintained. Documentation must include the date, time, and staff involved in the emergency drill.

  (2) The JJAEP must post emergency exit routes in all classrooms and common areas.

(g) JJAEP Closure. The JJAEP must have written policies and procedures addressing the cancellation of classes due to an emergency situation. The policies and procedures must:

  (1) address the cancellation of classes due to inclement weather and/or emergency situations;

  (2) identify the individual responsible for making the decision to cancel classes; and

  (3) specify the method(s) by which the closure is to be communicated to the students and their parents, guardians, or custodians.

(h) Supervision upon Removal from a Classroom.

  (1) The JJAEP must have written policies and procedures that ensure students removed from the classroom for disciplinary reasons and placed in isolation, administrative segregation, time-out, in-school suspension, or any other location are under continuous visual supervision by a JJAEP staff member.

  (2) Policies and procedures must prohibit:

    (A) use of a locked room for disciplinary removals; and

    (B) the use of electronic monitoring equipment as a substitute for continuous visual supervision.

(i) Searches.

  (1) All students entering the JJAEP must be subjected to a pat-down search or a metal detector screening on a daily basis.

  (2) Searches must be conducted in accordance with written policies and procedures. The policies must:

    (A) address:

      (i) when a search is appropriate and/or required;

      (ii) who is authorized to conduct the search;

      (iii) what types of searches are permissible;

      (iv) how pat-down searches will be conducted, if applicable; and

      (v) what to do when contraband is found;

    (B) if pat-down searches are used, require that the staff member conducting a pat-down search is the same gender as the student unless an exception is approved and documented by the JJAEP administrator; and

    (C) prohibit strip searches and anal and genital body cavity searches.

(j) Disciplinary Reports.

  (1) Written policies and procedures must require JJAEP staff to prepare a written disciplinary report for each incident occurring in the JJAEP that constitutes a major violation of the student code of conduct or of JJAEP rules. The policies must require that the written disciplinary report include:

    (A) details of the incident;

    (B) violation(s) that occurred;

    (C) action(s) taken by the staff member(s);

    (D) date and time of the incident; and

    (E) discipline imposed, if any.

  (2) The disciplinary report must be sent to the JJAEP administrator no later than the next school day. Documentation that shows the date and time the disciplinary report was sent to the JJAEP administrator must be maintained.


Source Note: The provisions of this §348.216 adopted to be effective August 1, 2018, 43 TexReg 2593

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