ATTACHMENT III
Summary of Public Comments and Agency Responses Related to Proposed New 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter HH, Commissioner's Rules Concerning Education in a Juvenile Residential Facility, §89.1801, Instructional Requirements for Education Services Provided in a Juvenile Residential Facility
§89.1801(b)
Comment: Smith County Juvenile Services commented that one of the key provisions of the proposed new rule, specified in subsection (b)(1), requires that the school district providing education services in a pre-adjudication secure detention facility 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 days. Smith County Juvenile Services requested clarification regarding the definition of "locally-assigned school district" and the definition of "ten days."
Agency Response: The agency agrees that clarification is needed for "ten days" and has modified subsection (b)(1) to specify that a student is to be enrolled unless returning to a different district within ten school days. The agency disagrees that further clarification is needed for the term "locally-assigned district." This is the district in which the student would otherwise reside if not detained at a juvenile residential facility.
Comment: Smith County Juvenile Services recommended approaching pre-adjudication and post-adjudication facilities differently due to the inherent differences related to them, including, but not limited to, pre-adjudication has pending court involvement and the residents are more transient than the residents in a post-adjudication facility. The commenter also stated that pre-adjudication facilities are intended to be a continuation of educational services while juveniles are detained (a stop-gap measure) whereas post-adjudication facilities may be educational service providers.
Agency Response: The agency agrees. The rule differentiates between pre- and post-adjudication facilities, in particular in subsections (b), (d), and (e).
§89.1801(c)
Comment: Dallas County Juvenile Justice Charter School commented that proposed new subsection (c) ensures that the classroom ratio does not exceed one certified educator to 24 students and expressed concern with the qualifier, "certified." The commenter stated that certified staff are not necessarily highly-qualified staff. The commenter noted that highly-qualified status is dependent on what the teacher teaches (grade level and subject). The commenter recommended that it would be more beneficial for educational entities if the language indicated "highly qualified" educator as opposed to "certified" educator. The commenter expressed concern that certified does not necessarily mean highly qualified and that schools are mandated by the No Child Left Behind Act to have highly-qualified staff.
Agency Response: The agency disagrees. School districts are to employ only teachers who meet all certification requirements established under the Texas Education Code (TEC), Chapter 21, Subchapter B. The intent of the rule is that the students be served by certified teachers.
Comment: Victoria Regional Juvenile Justice Center requested clarification pertaining to the standards for teachers at residential facilities.
Agency Response: The agency provides the following clarification. The standards for teachers at residential facilities are equivalent to those at regular campuses requiring districts to employ only teachers who meet all certification requirements established under the TEC, Subchapter B, Chapter 21.
§89.1801(e)
Comment: Dallas County Juvenile Justice Charter School commented that proposed new subsection (e) states that the curriculum of the educational program shall provide students with the courses necessary to complete the minimum high school program. The commenter stated that providing certain subjects and courses specified in the minimum high school program such as physical education, health education, speech, technology applications, and elective courses in a secure facility may present safety, security, or logistical issues.
Agency Response: The agency disagrees. The agency has determined that subsection (e) ensures that students who are detained in a residential facility have access to a quality education that includes at least the minimum high school graduation requirements. A student must be offered an opportunity to complete specific foundation curriculum courses, which allow a student to remain on track to complete foundation curriculum courses on the same schedule despite having been removed from the student's regular educational setting.
Comment: Victoria Regional Juvenile Justice Center requested clarification pertaining to the provision of the state minimum curriculum.
Agency Response: The agency provides the following clarification. Residential facilities will provide the state minimum curriculum of 22 credits. The agency has determined that 19 TAC §89.1801(e)(1) ensures that a student is not placed on a less demanding graduation plan. Second, a student must be offered an opportunity to complete specific foundation curriculum courses which allow a student to remain on track to complete foundation curriculum courses on the same schedule despite having been removed. A juvenile justice alternative education program may offer a student a different enrichment curriculum course, but must provide an opportunity to complete the same course in the foundation curriculum in which the student was enrolled at the time of removal.
§89.1801(e)(5)
Comment: Galveston County Juvenile Justice Department stated that although it was supportive of the current content, it recommended that this rule provide for a student who successfully tests and attains a General Educational Development Certificate to be counted as a successful educational outcome in the Public Education Information Management System (PEIMS) data of the student's locally-assigned school district. The commenter stated that the attainment of a General Educational Development Certificate is often a major accomplishment and an educational success for students assigned to post-adjudication facilities by juvenile courts and that these students should not be designated as a "drop out" in PEIMS.
Agency Response: The agency cannot address the Comment: The comment addresses issues outside the scope of the current rule proposal.
§89.1801(f)
Comment: Dallas County Juvenile Justice Charter School commented that most schools award credits at the end of the semester. The commenter noted that the Dallas County Juvenile Justice Charter School uses three grading periods and the semester exam to determine the average that is used to award credits. The commenter stated that if students are not present for the entire grading period or if the school cannot get grades from the home school to account for the time, the school is not able to award credit. The commenter also explained that if students are released prior to the end of the semester, the Dallas County Juvenile Justice Charter School transfers records to the receiving school and then the receiving school gives final grades and awards credits at the end of the semester. Dallas County Juvenile Justice Charter School stated that it has students who leave in the middle of a semester. Dallas County Juvenile Justice Charter School also expressed concern that it cannot and should not award credits if the student is no longer at the school.
Agency Response: The agency disagrees in part in and agrees in part. The agency has determined that credits will be awarded by the campus where the student is enrolled at the time of course completion. Therefore, if the records from a locally-assigned district are unavailable or insufficient, the residential facility should take appropriate steps to assess the student and determine eligibility for credit. The residential facility is also responsible for forwarding records for a student who departs and, therefore, would not award credit for a student who is no longer at the facility.
§89.1801(g)
Comment: Smith County Juvenile Services and Galveston County Juvenile Justice Department expressed concern about the provisions in subsection (g) requiring juvenile justice alternative education programs to provide a seven-hour school day that consists of at least five and one-half hours of required secondary curriculum and to operate so that at least 180 days of instruction are provided to the students. The commenters stated that the length of the school year should coincide with the local school district calendar. The commenters also stated that a seven-hour school day presents logistical problems for pre-adjudication facilities such as disruption or conflict with daily scheduled activities (visitation, court, recreation, showers, counseling services, etc.) and potential increased personnel costs for the school districts.
Agency Response: The agency disagrees. The length and number of school days specified in new 19 TAC §89.1801(g) are in alignment with the TEC, §25.081 and §28.082, and are established in rule to ensure sufficient time to provide required educational services to students in residential facilities.
Comment: Galveston County Juvenile Justice Department commented that rules found in 37 TAC Chapter 343 place numerous requirements for the provision of services on pre- and post-adjudication facilities. The commenter cited the example of 37 TAC §343.52(e)(1)-(4), which requires each resident of a post-adjudication facility to receive rehabilitative services that include individual counseling, group counseling, substance abuse prevention education, and AIDS awareness. The commenter stated that there are numerous other standards stipulating services that all make demands on a limited amount of time each day over and above routines of daily living and rehabilitative programming. The commenter asserted that a mandatory seven-hour educational day will exceed the time available for delivery of education curriculum in light of the numerous TAC requirements placed upon post-adjudication programs. The commenter also stated that many of these programs operate with very few teachers and the currently proposed operational requirements would not afford teachers the opportunity for conference periods or other preparation time in programs that often demand time-intensive individualized content delivery.
Agency Response: The agency disagrees. The seven-hour school day specified in new 19 TAC §89.1801(g) is in alignment with the TEC, §25.082, and is established in rule to ensure sufficient time to provide the required educational services.
Comment: The director of alternative education programs at Dickinson Independent School District provided an overview of programs in Galveston County. The commenter also stated that some districts obtain waivers that shorten the school calendar and recommended that the calendar for pre- and post-adjudication programs match the calendar of the host district.
Agency Response: The agency disagrees. The length and the number of school days specified in new 19 TAC §89.1801(g) are in alignment with the TEC, §25.081 and §28.082, and are established in rule to ensure sufficient time to provide required educational services to students in residential facilities.
Other
Comment: Victoria Regional Juvenile Justice Center requested clarification pertaining to the use of the teacher of record.
Agency Response: The agency provides the following clarification. The comment addresses issues outside the scope of the current rule proposal.
Comment: Victoria Regional Juvenile Justice Center requested clarification pertaining to the requirement for certified principals.
Agency Response: The agency provides the following clarification. The comment addresses issues outside the scope of the current rule proposal.
Comment: Victoria Regional Juvenile Justice Center requested clarification pertaining to the method to enforce accountability.
Agency Response: The agency provides the following clarification. The comment addresses issues outside the scope of the current rule proposal.
For additional information, email rules@tea.state.tx.us.