FODA(LEGAL) - EXPULSION: JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM

Meetings with Juvenile Board

  1. The juvenile board for the county in which a district's central administrative office is located; or
  2. The juvenile board's designee.
  1. Service by probation officers at the DAEP site;
  2. Recruitment of volunteers to serve as mentors and provide tutoring services; and
  3. Coordination with other social service agencies.

Education Code 37.013

Juvenile Justice Alternative Education Program

Mandatory JJAEP

Voluntary JJAEP

Education Code 37.011(a), (k), (m)

County Population

  1. The county had a population of 125,000 or less according to the 2000 federal census and the juvenile board of the county enters into, with the approval of the TJJD, a memorandum of understanding (MOU) with each school district within the county that:
    1. Outlines the responsibilities of the board and school districts in minimizing the number of students expelled without receiving alternative educational services; and
    2. Includes the coordination procedures required by Education Code 37.013, above.
  2. Has a population of 180,000 or less; is adjacent to two counties, each of which has a population of more than 1.7 million; and has seven or more school districts located wholly within the county's boundaries.
  3. Has a population of more than 200,000 and less than 220,000; has five or more school districts located wholly within the county's boundaries; and has located in the county a JJAEP that, on May 1, 2011, served fewer than 15 students.

Note: The following provisions apply to all districts that operate JJAEPs, whether voluntary or mandatory.

Placement of Students in JJAEP—Expelled Students

Court-Ordered Placement

  1. If the student is placed on probation under Family Code 54.04, order the student to attend the JJAEP in the county in which the student resides from the date of disposition as a condition of probation, unless the child is placed in a post-adjudication treatment facility;
  2. If the student is placed on deferred prosecution under Family Code 53.03 by the court, prosecutor, or probation department, require the student to immediately attend the JJAEP in the county in which the student resides for a period not to exceed six months as a condition of the deferred prosecution;
  3. In determining the condition of the deferred prosecution or court-ordered probation, consider the length of a district's expulsion order for the student; and
  4. Provide timely educational services to the student in the JJAEP in the county in which the student resides, regardless of the student's age or whether the juvenile court has jurisdiction over the student. This provision does not require that educational services be provided to a student who is not entitled to admission under Education Code 25.001(b).

Students Who Move

Entry and Exit Transition Plans

Funding for JJAEPs

Mandatory Expulsions

Court-Assigned Students

Title 5 Felony Placements

  1. The actual cost incurred each day for the student is determined by the juvenile board of the county operating the program; and
  2. The juvenile board shall determine the actual cost each day of the program based on the board's annual audit.

Funding for Discretionary Expulsions

Arbitration of Disputes

Decision of Arbitrator

  1. The actual average total per student expenditure in the district's DAEP;
  2. The expected per student cost in the JJAEP as described and agreed on in the MOU and in compliance with Education Code Chapter 37; and
  3. The costs necessary to achieve the accountability goals under Education Code Chapter 37.

Fees

Location and Staffing

Academic Mission of JJAEP

Accountability

Program Requirements

Note: The following provisions apply only to districts located in counties with a population greater than 125,000 that are not exempt from the application of the provisions as detailed in Education Code 37.011(a-1), (a-2), or (a-3) [see County Population, above].

Memorandum of Understanding

  1. Outlines the responsibilities of the juvenile board concerning the establishment and operation of a JJAEP;
  2. Defines the amount and conditions on payments from the district to the juvenile board for students who are served in the JJAEP whose placement was not made on the basis of expulsion required under Education Code 37.007(a), (d), or (e);
  3. Establishes that a student may be placed in the JJAEP if the student engages in serious misbehavior, as defined by Education Code 37.007(c);
  4. Identifies and requires a timely placement and specifies a term of placement for expelled students for whom the district has received a notice under Family Code 52.041(d);
  5. Establishes services for the transitioning of expelled students to the district before the completion of the student's placement in the JJAEP;
  6. Establishes a plan that provides transportation services for students placed in the JJAEP;
  7. Establishes the circumstances and conditions under which a juvenile may be allowed to remain in the JJAEP setting once the juvenile is no longer under juvenile court jurisdiction; and
  8. Establishes a plan to address special education services required by law.

Placement in JJAEP

Operating Requirements

Student Code of Conduct

Educational Program

Assessment

Equivalency

Review of Progress

Days and Hours

Performance Reports

Childress ISD

FODA(LEGAL)-P

UPDATE 113

DATE ISSUED: 6/3/2019