1. (a) Policy.

   1. (1) The JJAEP shall have written policies and procedures that govern all facets of the operation of the program.
   2. (2) The JJAEP shall be operated according to current written policies and procedures which address personnel, administration, programming, training, and standards under this chapter.

2. (b) Truancy and Failure to Attend. The JJAEP shall have a written policies concerning truancy as defined under the §51.03(b)(2) of the Texas Family Code and failure to attend under §25.094 of the Texas Education Code. The policies shall, at a minimum, contain the following:

   1. (1) who is responsible for reporting truancy and failure to attend;
   2. (2) to what enforcement agency truancy and failure to attend are to be reported; and
   3. (3) the requirement to report truancy and failure to attend to the identified enforcement agency within two (2) school days.

3. (c) Performance Review. The juvenile board and the JJAEP administrator shall participate in an annual performance review of the JJAEP between the conclusion of the school year and prior to the beginning of the next school year to determine the effectiveness of the program.

   1. (1) The review shall, at a minimum, include statistical information on the number of student program entries and exits, the reason for student entries and exits, student academic performance, attendance rates, assessment scores for math and reading, recidivism rates among students who exit the JJAEP, restraints, and the number of students with disabilities.
   2. (2) Documentation of the review shall be maintained.

4. (d) Management Review. The JJAEP Administrator that oversees the daily functions of the JJAEP shall conduct an annual review of the overall operations of the JJAEP prior to the beginning of each school year.

   1. (1) The review shall include, but is not limited to:

      1. (A) safety and security;
      2. (B) inter-local cooperation; and
      3. (C) the student code of conduct.
   2. (2) Existing policies and procedures shall be reviewed to determine their continued relevance to the mission of the JJAEP.
   3. (3) Documentation of the review shall be maintained.

5. (e) Required Staff. The JJAEP shall maintain the required administration, programmatic and supervision staffing as required by this section.

   1. (1) Administration. The juvenile board or chief juvenile probation officer shall designate a JJAEP administrator.

      1. (A) Qualifications. The JJAEP administrator shall, at a minimum, hold a four-year degree from an accredited university and shall possess juvenile justice and/or education experience.

      2. (B) Duties.

         1. (i) The JJAEP administrator shall be responsible for the management of the JJAEP and shall ensure compliance with all applicable laws and rules related to JJAEPs.
         2. (ii) The JJAEP administrator shall ensure compliance with contractual provisions of all contracts with the Commission related to JJAEPs.

   2. (2) Instructional Staff. The JJAEP shall ensure adequate instructional staff are maintained to provide appropriate educational services to students while attending the JJAEP.

      1. (A) The instructional staff for the JJAEP shall include, at a minimum, one Texas certified teacher.
      2. (B) The JJAEP shall ensure the adequate number of special education teachers are maintained as required by federal law. A special education teacher shall meet the requirements of certification as required by the State Board for Educator Certification.
      3. (C) Instructional staff shall, at a minimum, hold a four-year degree from an accredited university.
      4. (D) Instructional staff to student Ratio. 1 to 16 preferred; 1 to 24 maximum.

   3. (3) Caseworkers. The JJAEP shall ensure adequate caseworker staff are maintained.

      1. (A) Caseworkers shall be either social workers, juvenile probation officers assigned to the JJAEP, counselors or other mental health professionals.
      2. (B) Qualifications. All caseworkers shall meet the minimum professional requirements and shall be licensed or certified by the appropriate authority in their field.

      3. (C) Caseworker Staff to Student Ratio. 1 to 25 preferred; 1 to 50 maximum.

         1. (i) A minimum of one (1) caseworker shall be present during the operational hours of the JJAEP.
         2. (ii) Any caseworker above the required one (1) shall be present at least four (4) hours of the JJAEP operational hours.
         3. (iii) A substitute caseworker is not required when the caseworker is absent for three (3) school days or less from a JJAEP. Alternative arrangements for a substitute caseworker are required if absence is more than three (3) days.
         4. (iv) A caseworker who must leave the JJAEP site in order to complete a JJAEP related duty shall be considered present for ratio purposes.

   4. (4) Supervision Staff.

      1. (A) The JJAEP shall ensure adequate supervision staff are maintained. Supervision staff includes drill instructors, teacher aides, security personnel, caseworker aides, county employed juvenile supervision officers, and behavior management staff.
      2. (B) Supervision staff shall, at a minimum, possess a high school diploma or Certificate of General Educational Development (GED).
      3. (C) Any staff, excluding certified physical education teachers, who participates in the administration of intensive physical activity, shall be certified as a juvenile supervision officer under Chapter 344 of this title.
      4. (D) County employed staff whose primary job function is supervision of JJAEP students may obtain certification as juvenile supervision officers.

   5. (5) Operational Staff.

      1. (A) Operational staff includes instructional staff, supervision staff, caseworkers, and JJAEP administrators.
      2. (B) Operational Staff to Student Ratio. 1 to 8 preferred; 1 to 12 maximum.

6. (f) Verification Documentation.

   1. (1) The JJAEP shall maintain a daily staff roster, staff sign-in sheet or other verification document that indicates all of the operational staff present in the program each day.
   2. (2) The staff roster or sign-in sheet shall include, at a minimum, the date, the time of entry and exit, the staff member's full name and the staff member's position or title.

Source Note:The provisions of this §348.104 adopted to be effective August 1, 2011, 36 TexReg 846.