FOCA (TSBVI) - PLACEMENT IN DISCIPLINARY ALTERNATIVE EDUCATION SETTING: DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS

DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM

TSBVI shall provide a disciplinary alternative education program (DAEP) that meets the following criteria:

  1. Is provided in a setting other than the student's regular classroom.
  2. Is located on or off the School campus.
  3. Provides for the students who are assigned to the disciplinary alternative education program to be separated from students who are not assigned to the program.
  4. Focuses on English language arts, mathematics, science, history, and self
  5. Provides for students' educational and behavioral needs.
  6. Provides supervision and counseling.
  7. Requires that to teach in an off-campus DAEP, each teacher must meet all certification requirements under Education Code Chapter 21, Subchapter B, except that teachers in a DAEP of any kind who were employed by TSBVI during the 2003-04 school year or an earlier school year must meet the certification requirements by the beginning of the 2005-06 school year.

The DAEP may provide for a student's transfer to a different campus, a school-community guidance center, or a community-based alternative school.

Education Code 37.008(a)(b)

ELEMENTARY SCHOOL STUDENTS

An elementary school student may not be placed in a DAEP with any other student who is not an elementary school student.

Education Code 37.006(f)

ACADEMIC MISSION

The academic mission of DAEPs shall be to enable students to perform at grade level.

Education Code 37.008(m)

Opportunity to Complete Coursework

TSBVI shall offer a student removed to a DAEP an opportunity to complete coursework, before the beginning of the next school year, through any method available, including a correspondence course, distance learning, or summer school. TSBVI may not charge the student for a course provided under this subsection. Except for this requirement, TSBVI is not required to provide in the DAEP a course necessary to fulfill a student's high school graduation requirements.

Education Code 37.008(l)

DRUG AND ALCOHOL TREATMENT

A program of educational and support services may be provided to a student and the student's parents when the offense involves drugs or alcohol as specified under Education Code 37.006 and 37.007. A DAEP that provides chemical dependency treatment services must be licensed under Health and Safety Code Chapter 464.

Education Code 37.008(k)

OFF-CAMPUS PROGRAM

An off-campus DAEP is not subject to a requirement imposed by the Education Code, other than a limitation on liability, a reporting requirement, or a requirement imposed by Education Code Chapter 37 or Chapter 39.

Education Code 37.008(c)

FUNDING

A student removed to a DAEP is counted in calculating TSBVI’s average daily attendance for the student's time in actual attendance in the program.

Education Code 37.008(f)

ALLOCATIONS TO DAEPS

TSBVI shall allocate to a DAEP the same expenditure per student attending the DAEP as would be allocated to the student school if the student were attending the student's regularly assigned special education program.

Education Code 37.008(g) [See also EHBC]

JOINTLY CREATED PROGRAMS

TSBVI may provide a DAEP jointly with one or more other districts.

Education Code 37.008(d)

COOPERATION AND ASSISTANCE

TSBVI shall cooperate with government agencies and community organizations that provide services in to students placed in a DAEP.

Education Code 37.008(e)

ANNUAL EVALUATION

TEA shall provide an annual evaluation for the School to be considered in complying with Education Code 11.252 (see BQ (LEGAL), BQA(LEGAL)). Performance data shall be disaggregated with respect to race, ethnicity, and socioeconomic status. Information reported shall conform to limitations consistent with requirements under the Federal Educational Rights and Privacy Act of 1974 (see FL(LEGAL)). The Commissioner may consider the results of this evaluation as a component of monitoring and/or a special accreditation investigation.

The performance of the School’s AEP shall be evaluated on the basis of specific indicators in relation to appropriate performance benchmarks. This evaluation shall be based on the following indicators, with consideration given to the length of student assignment:

  1. Student performance on state assessment instruments, including appropriate Texas Learning Index measures;
  2. Other indicators of student performance in the annual evaluation, which may include course completion rates, dropout rates, completion rates, and attendance rates; and
  3. Repeated disciplinary actions resulting in placement in an alternative education setting.

In addition, the School’s DAEP and overall discipline management in preventing referrals shall be evaluated annually on the basis of identification and placement practices. Placement indicators are evaluated against appropriate standards and include the following:

  1. Percentage of a district's students placed in DAEP, considering all discretionary placements under Education Code 37.001, 37.002, 37.006, and 37.007, and, separately, those mandatory placements under Education Code 37.006 and 37.007;
  2. Percentage of a district's minority and economically disadvantaged students placed in a DAEP, considering all discretionary placements under Education Code 37.001, 37.002, 37.006, and 37.007, and, separately, those mandatory placements under Education Code 37.006 and 37.007; and
  3. Percentage of a district's students with disabilities placed in a DAEP, considering all discretionary placements under Education Code 37.001, 37.002, 37.006, and 37.007, and, separately, those mandatory placements under Education Code 37.006 and 37.007.

19 TAC 97.1021

Adopted: 9/27/96
Amended: 1/24/02, 11/19/04
Reviewed:

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