Texas Administrative Code
Title 19 - EDUCATION
Part 2 - TEXAS EDUCATION AGENCY
Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS
Subchapter HH - COMMISSIONER'S RULES CONCERNING EDUCATION IN A JUVENILE RESIDENTIAL FACILITY
Section 89.1801 - Instructional Requirements for Education Services Provided in a Juvenile Residential Facility
Universal Citation: 19 TX Admin Code ยง 89.1801
Current through Reg. 49, No. 38; September 20, 2024
(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 school 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).
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