19 Tex. Admin. Code § 103.1201 - Standards for the Operation of School District Disciplinary Alternative Education Programs
(a) A disciplinary
alternative education program (DAEP) established in conformance with the Texas
Education Code (TEC), §37.008, and this section is defined as an educational
and self-discipline alternative instructional program, adopted by local policy,
for students in elementary through high school grades who are removed from
their regular classes for mandatory or discretionary disciplinary reasons and
placed in a DAEP.
(b) Each school
district participating in a shared services arrangement (SSA) for DAEP services
shall be responsible for ensuring that the board-approved district improvement
plan and the improvement plans for each campus required by the TEC, §
11.251 and §
11.252, include the
performance of the DAEP student group for the respective district. The
identified objectives for the improvement plans shall include:
(1) student groups served, including
overrepresentation of students from economically disadvantaged families, with
ethnic and racial representations, with a disability who receive special
education services, or receiving limited English proficiency/English learner
services;
(2) attendance
rates;
(3) pre- and post-assessment
results;
(4) dropout
rates;
(5) graduation rates;
and
(6) recidivism rates.
(c) A DAEP may be located
on-campus or off-campus in adherence with requirements specified in §
129.1025 of this title (relating
to Adoption By Reference: Student Attendance Accounting Handbook). For
reporting purposes, the DAEP shall use the county-district-campus number of the
student's locally assigned campus (the campus the student would be attending if
the student was not attending the DAEP).
(d) An individual school district or an SSA
may contract with third parties for DAEP services. The district must require
and ensure compliance with district responsibilities that are transferred to
the third-party provider.
(e) The
campus of accountability for student performance must be the student's locally
assigned campus, including when the individual school district or SSA contracts
with a third party for DAEP services.
(f) Each school district shall provide an
academic and self-discipline program that leads to graduation and includes
instruction in each student's currently enrolled foundation curriculum
necessary to meet the student's individual graduation plan, including special
education services.
(1) A student's high
school personal graduation plan required under TEC, §
28.02121, may not be
altered when the student is assigned to a DAEP. A student must be offered an
opportunity to complete a foundation curriculum course in which the student was
enrolled at the time of removal before the beginning of the next school year,
including correspondence or distance learning opportunities or summer school. A
district may not charge for a course required under this section.
(2) The school day for a DAEP shall be at
least 240 minutes in length each day, including intermissions and recesses as
required under the TEC, §
25.081.
(3) Notwithstanding the TEC, §
37.008(a)(3),
summer programs provided by the district may serve students assigned to a DAEP
in conjunction with other students, as determined by local policy.
(g) A DAEP program serving a
student with a disability who receives special education services shall provide
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 committee, in accordance with
the TEC, §
37.004, and federal
requirements.
(h) Each school
district is responsible for the safety and supervision of the students assigned
to the DAEP; however, the immunity from the liability established in the TEC, §
22.0511, shall not be
impacted.
(1) The certified
teacher-to-student ratio in a DAEP shall be one teacher for each 15 students in
elementary through high school grades. Elementary grade students assigned to
the DAEP shall be separated from secondary grade students assigned to the DAEP.
The designation of elementary and secondary will be determined by adopted local
policy.
(2) The DAEP staff shall be
prepared and trained to respond to health issues and emergencies.
(3) Students in the DAEP shall be separated
from students in a juvenile justice alternative education program and students
who are not assigned to the DAEP.
(4) Each district shall establish a
board-approved policy for discipline and intervention measures to prevent and
intervene against unsafe behavior and include disciplinary actions that do not
jeopardize students' physical health and safety, harm emotional well-being, or
discourage physical activity.
(i) Staff at each DAEP shall participate in
training programs on education, behavior management, and safety procedures that
focus on positive and proactive behavior management strategies. The training
programs must also target prevention and intervention that include:
(1) training on the education and discipline
of students with disabilities who receive special education services;
(2) instruction in social skills and
problem-solving skills that addresses diversity, dating violence, anger
management, and conflict resolution to teach students how to interact with
teachers, family, peers, authority figures, and the general public;
and
(3) annual training on
established procedures for reporting abuse, neglect, or exploitation of
students.
(j) Procedures
for each DAEP shall be developed and implemented for newly-entering students
and their parents or guardians on the expectations of the DAEP, including
written contracts between students, parents or guardians, and the DAEP that
formalize expectations and establish the students' individual plans for
success.
(k) The transition
procedures established for a student who is exiting a DAEP and returning to the
student's locally assigned campus shall be implemented as required by TEC, §
37.023.
Notes
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