Commissioner's Rules
Adopted 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
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted 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 (PDF)
III. Summary of Public Comments and Agency Responses
SUMMARY:
The rule action in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts 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. In accordance with the Texas Education Code (TEC), §37.0062, the adopted new rule establishes instructional requirements for education services provided by a school district or open-enrollment charter school in a pre-adjudication or a post-adjudication residential facility.
STATUTORY AUTHORITY:
TEC, §37.0062, as added by House Bill (HB) 425, 80th Texas Legislature, 2007.
EFFECTIVE DATE:
June 11, 2009.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Juvenile detention centers are short-term, pre-adjudication or post-adjudication secure facilities. Administered by a juvenile board or a privately operated facility certified by the juvenile board, these facilities are designed 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. Post-adjudication secure correctional facilities operated by the Texas Youth Commission are administered in the same way, but are intended for the treatment and rehabilitation of youth who have been adjudicated.
School districts are required to provide education to students placed in pre-adjudication or post-adjudication juvenile residential facilities, but the level of education varies across the state and in many instances there is minimal education provided to these students due to the lack of education standards.
HB 425, 80th Texas Legislature, 2007, amended the TEC, Chapter 37, by adding the TEC, §37.0062, giving the commissioner of education authority to adopt rules to establish the instructional requirements for education services provided by a school district or open-enrollment charter school in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility operated by a juvenile board or a post-adjudication secure correctional facility operated under contract with the Texas Youth Commission. Until 2007, instructional requirements for education services for residential facilities were not addressed under the TEC, Chapter 37.
HB 425 requires the commissioner to coordinate with the Texas Juvenile Probation Commission and the Texas Youth Commission in determining the instructional requirements in pre- and post-adjudication residential facilities to ensure that students who are detained have access to a quality education.
The adopted new 19 TAC §89.1801 implements the TEC, §37.0062, by establishing in rule educational standards for instructional requirements for pre- and post-adjudication residential facilities. As directed by statute, the adopted new rule includes provisions relating to the length of the school day, the number of days of instruction provided to students each school year, and the curriculum of the educational program to enable students to maintain progress toward completing high school graduation requirements.
In response to public comment, proposed new 19 TAC §89.1801 was modified at adoption to clarify that the ten days referenced in subsection (b)(1) is ten school days.
FISCAL IMPACT:
The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT:
The adopted new rule provides consistent standards for educational services for pre- and post-adjudication residential facilities to ensure that students who are detained under the criminal justice system have access to a quality education.
PROCEDURAL AND REPORTING IMPLICATIONS:
None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The adopted new rule requires school districts, open-enrollment charter schools, and pre- and post-adjudication residential facilities to maintain documentation of educational services that are provided to students.
PUBLIC COMMENTS:
The public comment period on the proposal began January 9, 2009, and ended February 9, 2009. Attachment III is a summary of public comments received and corresponding agency responses regarding the 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.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Julie Harris-Lawrence, Deputy Associate Commissioner, Student Services and GED
Priscilla Gonzalez-Flores, Senior Advisor, Student Services and GED
For additional information, email rules@tea.state.tx.us.