Tex. Educ. Code Section 37.011
Juvenile Justice Alternative Education Program


(a)

The juvenile board of a county with a population greater than 125,000 shall develop a juvenile justice alternative education program, subject to the approval of the Texas Juvenile Justice Department. The juvenile board of a county with a population of 125,000 or less may develop a juvenile justice alternative education program. For the purposes of this subchapter, only a disciplinary alternative education program operated under the authority of a juvenile board of a county is considered a juvenile justice alternative education program. A juvenile justice alternative education program in a county with a population of 125,000 or less:

(1)

is not required to be approved by the department; and

(2)

is not subject to Subsection (c), (d), (f), or (g).

(a-1)

For purposes of this section and Section 37.010 (Court Involvement)(a), a county with a population greater than 125,000 is considered to be a county with a population of 125,000 or less if:

(1)

the county had a population of 125,000 or less according to the 2000 federal census; and

(2)

the juvenile board of the county enters into, with the approval of the Texas Juvenile Justice Department, a memorandum of understanding with each school district within the county that:

(A)

outlines the responsibilities of the board and school districts in minimizing the number of students expelled without receiving alternative educational services; and

(B)

includes the coordination procedures required by Section 37.013 (Coordination Between School Districts and Juvenile Boards).

(a-2)

For purposes of this section and Section 37.010 (Court Involvement)(a), a county with a population greater than 125,000 is considered to be a county with a population of 125,000 or less if the county:

(1)

has a population of 195,000 or less;

(2)

is adjacent to two counties, each of which has a population of more than 1.7 million; and

(3)

has seven or more school districts located wholly within the county’s boundaries.

(a-3)

For purposes of this section and Section 37.010 (Court Involvement)(a), a county with a population greater than 125,000 is considered to be a county with a population of 125,000 or less if the county:

(1)

has a population of more than 200,000 and less than 233,500;

(2)

has five or more school districts located wholly within the county’s boundaries; and

(3)

has located in the county a juvenile justice alternative education program that, on May 1, 2011, served fewer than 15 students.

(a-4)

A school district located in a county considered to be a county with a population of 125,000 or less under Subsection (a-3) shall provide educational services to a student who is expelled from school under this chapter. The district is entitled to count the student in the district’s average daily attendance for purposes of receipt of state funds under the Foundation School Program. An educational placement under this section may include:

(1)

the district’s disciplinary alternative education program; or

(2)

a contracted placement with:

(A)

another school district;

(B)

an open-enrollment charter school;

(C)

an institution of higher education;

(D)

an adult literacy council; or

(E)

a community organization that can provide an educational program that allows the student to complete the credits required for high school graduation.

(a-5)

For purposes of Subsection (a-4), an educational placement other than a school district’s disciplinary alternative education program is subject to the educational and certification requirements applicable to an open-enrollment charter school under Subchapter D (Authorization), Chapter 12 (Charters).

(b)

If a student admitted into the public schools of a school district under Section 25.001 (Admission)(b) is expelled from school for conduct for which expulsion is required under Section 37.007 (Expulsion for Serious Offenses)(a), (d), or (e), or for conduct that contains the elements of the offense of terroristic threat as described by Section 22.07 (Terroristic Threat)(c-1), (d), or (e), Penal Code, the juvenile court, the juvenile board, or the juvenile board’s designee, as appropriate, shall:

(1)

if the student is placed on probation under Section 54.04 (Disposition Hearing), Family Code, order the student to attend the juvenile justice alternative education program 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 Section 53.03 (Deferred Prosecution), Family Code, by the court, prosecutor, or probation department, require the student to immediately attend the juvenile justice alternative education program 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 conditions of the deferred prosecution or court-ordered probation, consider the length of the school district’s expulsion order for the student; and

(4)

provide timely educational services to the student in the juvenile justice alternative education program in the county in which the student resides, regardless of the student’s age or whether the juvenile court has jurisdiction over the student.

(b-1)

Subsection (b)(4) does not require that educational services be provided to a student who is not entitled to admission into the public schools of a school district under Section 25.001 (Admission)(b).

(c)

A juvenile justice alternative education program shall adopt a student code of conduct in accordance with Section 37.001 (Student Code of Conduct).

(d)

A juvenile justice alternative education program must focus on English language arts, mathematics, science, social studies, and self-discipline. Each school district shall consider course credit earned by a student while in a juvenile justice alternative education program as credit earned in a district school. Each program shall administer assessment instruments under Subchapter B (Essential Skills and Knowledge), Chapter 39 (Public School System Accountability), and shall offer a high school equivalency program. The juvenile board or the board’s designee, with the parent or guardian of each student, shall regularly review the student’s academic progress. In the case of a high school student, the board or the board’s designee, with the student’s parent or guardian, shall review the student’s progress towards meeting high school graduation requirements and shall establish a specific graduation plan for the student. The program is not required to provide a course necessary to fulfill a student’s high school graduation requirements other than a course specified by this subsection.

(e)

A juvenile justice alternative education program may be provided in a facility owned by a school district. A school district may provide personnel and services for a juvenile justice alternative education program under a contract with the juvenile board.

(f)

A juvenile justice alternative education program must operate at least seven hours per day and 180 days per year, except that a program may apply to the Texas Juvenile Justice Department for a waiver of the 180-day requirement. The department may not grant a waiver to a program under this subsection for a number of days that exceeds the highest number of instructional days waived by the commissioner during the same school year for a school district served by the program.

(g)

A juvenile justice alternative education program shall be subject to a written operating policy developed by the local juvenile justice board and submitted to the Texas Juvenile Justice Department for review and comment. A juvenile justice alternative education program is not subject to a requirement imposed by this title, other than a reporting requirement or a requirement imposed by this chapter or by Chapter 39 (Public School System Accountability) or 39A (Accountability Interventions and Sanctions).

(h)

Academically, the mission of juvenile justice alternative education programs shall be to enable students to perform at grade level. For purposes of accountability under Chapters 39 (Public School System Accountability) and 39A (Accountability Interventions and Sanctions), a student enrolled in a juvenile justice alternative education program is reported as if the student were enrolled at the student’s assigned campus in the student’s regularly assigned education program, including a special education program. Annually the Texas Juvenile Justice Department, with the agreement of the commissioner, shall develop and implement a system of accountability consistent with Chapters 39 (Public School System Accountability) and 39A (Accountability Interventions and Sanctions), where appropriate, to assure that students make progress toward grade level while attending a juvenile justice alternative education program. The department shall adopt rules for the distribution of funds appropriated under this section to juvenile boards in counties required to establish juvenile justice alternative education programs. Except as determined by the commissioner, a student served by a juvenile justice alternative education program on the basis of an expulsion required under Section 37.007 (Expulsion for Serious Offenses)(a), (d), or (e) is not eligible for Foundation School Program funding under Chapter 31 (Instructional Materials and Technology) or 48 (Foundation School Program) if the juvenile justice alternative education program receives funding from the department under this subchapter.

(i)

A student transferred to a juvenile justice alternative education program must participate in the program for the full period ordered by the juvenile court unless the student’s school district agrees to accept the student before the date ordered by the juvenile court. The juvenile court may not order a period of transfer under this section that exceeds the term of any probation ordered by the juvenile court.

(j)

In relation to the development and operation of a juvenile justice alternative education program, a juvenile board and a county and a commissioners court are immune from liability to the same extent as a school district, and the juvenile board’s or county’s professional employees and volunteers are immune from liability to the same extent as a school district’s professional employees and volunteers.

(k)

Each school district in a county with a population greater than 125,000 and the county juvenile board shall annually enter into a joint memorandum of understanding that:

(1)

outlines the responsibilities of the juvenile board concerning the establishment and operation of a juvenile justice alternative education program under this section;

(2)

defines the amount and conditions on payments from the school district to the juvenile board for students of the school district served in the juvenile justice alternative education program whose placement was not made on the basis of an expulsion required under Section 37.007 (Expulsion for Serious Offenses)(a), (d), or (e);

(3)

establishes that a student may be placed in the juvenile justice alternative education program if the student engages in serious misbehavior, as defined by Section 37.007 (Expulsion for Serious Offenses)(c);

(4)

identifies and requires a timely placement and specifies a term of placement for expelled students for whom the school district has received a notice under Section 52.041 (Referral of Child to Juvenile Court After Expulsion)(d), Family Code;

(5)

establishes services for the transitioning of expelled students to the school district prior to the completion of the student’s placement in the juvenile justice alternative education program;

(6)

establishes a plan that provides transportation services for students placed in the juvenile justice alternative education program;

(7)

establishes the circumstances and conditions under which a juvenile may be allowed to remain in the juvenile justice alternative education program setting once the juvenile is no longer under juvenile court jurisdiction; and

(8)

establishes a plan to address special education services required by law.

(l)

The school district shall be responsible for providing an immediate educational program to students who engage in behavior resulting in expulsion under Section 37.007 (Expulsion for Serious Offenses)(b) and (f) but who are not eligible for admission into the juvenile justice alternative education program in accordance with the memorandum of understanding required under this section. The school district may provide the program or the school district may contract with a county juvenile board, a private provider, or one or more other school districts to provide the program. The memorandum of understanding shall address the circumstances under which such students who continue to engage in serious misbehavior, as defined by Section 37.007 (Expulsion for Serious Offenses)(c), shall be admitted into the juvenile justice alternative education program.

(m)

Each school district in a county with a population greater than 125,000 and the county juvenile board shall adopt a joint memorandum of understanding as required by this section not later than September 1 of each school year.

(n)

If a student who is ordered to attend a juvenile justice alternative education program moves from one county to another, the juvenile court may request the juvenile justice alternative education program in the county to which the student moves to provide educational services to the student in accordance with the local memorandum of understanding between the school district and juvenile board in the receiving county.

(o)

In relation to the development and operation of a juvenile justice alternative education program, a juvenile board and a county and a commissioners court are immune from liability to the same extent as a school district, and the juvenile board’s or county’s employees and volunteers are immune from liability to the same extent as a school district’s employees and volunteers.

(p)

If a district elects to contract with the juvenile board for placement in the juvenile justice alternative education program of students expelled under Section 37.007 (Expulsion for Serious Offenses)(b), (c), and (f) and the juvenile board and district are unable to reach an agreement in the memorandum of understanding, either party may request that the issues of dispute be referred to a binding arbitration process that uses a qualified alternative dispute resolution arbitrator in which each party will pay its pro rata share of the arbitration costs. Each party must submit its final proposal to the arbitrator. If the parties cannot agree on an arbitrator, the juvenile board shall select an arbitrator, the school districts shall select an arbitrator, and those two arbitrators shall select an arbitrator who will decide the issues in dispute. An arbitration decision issued under this subsection is enforceable in a court in the county in which the juvenile justice alternative education program is located. Any decision by an arbitrator concerning the amount of the funding for a student who is expelled and attending a juvenile justice alternative education program must provide an amount sufficient based on operation of the juvenile justice alternative education program in accordance with this chapter. In determining the amount to be paid by a school district for an expelled student enrolled in a juvenile justice alternative education program, the arbitrator shall consider the relevant factors, including evidence of:

(1)

the actual average total per student expenditure in the district’s alternative education setting;

(2)

the expected per student cost in the juvenile justice alternative education program as described and agreed on in the memorandum of understanding and in compliance with this chapter; and

(3)

the costs necessary to achieve the accountability goals under this chapter.

(q)

In accordance with rules adopted by the board of trustees for the Teacher Retirement System of Texas, a certified educator employed by a juvenile board in a juvenile justice alternative education program shall be eligible for membership and participation in the system to the same extent that an employee of a public school district is eligible. The juvenile board shall make any contribution that otherwise would be the responsibility of the school district if the person were employed by the school district, and the state shall make any contribution to the same extent as if the person were employed by a school district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 9, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1282, Sec. 1, eff. June 20, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.17, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1225, Sec. 2, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 1055, Sec. 16, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 376 (H.B. 1425), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 235 (H.B. 592), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 948 (H.B. 968), Sec. 4, eff. June 17, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 70.01, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 33, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(20), eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.042, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1150 (H.B. 3012), Sec. 2, eff. June 14, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 19, eff. September 1, 2023.

Source: Section 37.011 — Juvenile Justice Alternative Education Program, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­37.­htm#37.­011 (accessed Mar. 23, 2024).

37.001
Student Code of Conduct
37.002
Removal by Teacher
37.003
Placement Review Committee
37.004
Placement of Students with Disabilities
37.005
Suspension
37.006
Removal for Certain Conduct
37.007
Expulsion for Serious Offenses
37.008
Disciplinary Alternative Education Programs
37.009
Conference
37.010
Court Involvement
37.011
Juvenile Justice Alternative Education Program
37.0011
Use of Corporal Punishment
37.0012
Designation of Campus Behavior Coordinator
37.012
Funding of Juvenile Justice Alternative Education Programs
37.0013
Positive Behavior Program
37.013
Coordination Between School Districts and Juvenile Boards
37.014
Court-related Children--liaison Officers
37.015
Reports to Local Law Enforcement
37.016
Report of Drug Offenses
37.017
Destruction of Certain Records
37.018
Information for Educators
37.019
Emergency Placement or Expulsion
37.020
Reports Relating to Out-of-school Suspensions, Expulsions, and Disciplinary Alternative Education Program Placements
37.0021
Use of Confinement, Restraint, Seclusion, and Time-out
37.021
Opportunity to Complete Courses During In-school and Certain Other Placements
37.0022
Removal by School Bus Driver
37.022
Notice of Disciplinary Action
37.0023
Prohibited Aversive Techniques
37.023
Transition from Alternative Education Program to Regular Classroom
37.0051
Placement of Students Committing Sexual Assault Against Another Student
37.051
Establishment
37.0052
Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior
37.052
Cooperative Programs
37.053
Cooperation of Governmental Agencies
37.054
Parental Notice, Consent, and Access to Information
37.055
Parental Involvement
37.056
Court Supervision
37.0061
Funding for Alternative Education Services in Juvenile Residential Facilities
37.0062
Instructional Requirements for Alternative Education Services in Juvenile Residential Facilities
37.0081
Expulsion and Placement of Certain Students in Alternative Settings
37.081
School District Peace Officers, School Resource Officers, and Security Personnel
37.0082
Assessment of Academic Growth of Students in Disciplinary Alternative Education Programs
37.082
Possession of Paging Devices
37.083
Discipline Management Programs
37.084
Interagency Sharing of Records
37.085
Arrests Prohibited for Certain Class C Misdemeanors
37.086
Required Posting of Warning Signs of Increased Trafficking Penalties
37.087
Immunity from Liability
37.089
Role of Persons Carrying a Firearm on School Grounds
37.0091
Notice to Noncustodial Parent
37.101
Applicability of Criminal Laws
37.102
Rules
37.103
Enforcement of Rules
37.104
Courts Having Jurisdiction
37.105
Unauthorized Persons: Refusal of Entry, Ejection, Identification
37.106
Vehicle Identification Insignia
37.107
Trespass on School Grounds
37.108
Multihazard Emergency Operations Plan
37.109
School Safety and Security Committee
37.110
Information Regarding Gang-free Zones
37.113
Notification Regarding Bomb Threat or Terroristic Threat
37.114
Best Practices for Emergency School Drills and Exercises
37.115
Threat Assessment and Safe and Supportive School Program and Team
37.117
Silent Panic Alert Technology
37.119
Certain Private Provider Access to School Safety Training
37.121
Fraternities, Sororities, Secret Societies, and Gangs
37.122
Possession of Intoxicants on Public School Grounds
37.123
Disruptive Activities
37.124
Disruption of Classes
37.125
Exhibition, Use, or Threat of Exhibition or Use of Firearms
37.126
Disruption of Transportation
37.141
Definitions
37.142
Conflict of Law
37.143
Citation Prohibited
37.144
Graduated Sanctions for Certain School Offenses
37.145
Complaint
37.146
Requisites of Complaint
37.147
Prosecuting Attorneys
37.148
Right to Report Crime
37.0151
Report to Local Law Enforcement Regarding Certain Conduct Constituting Assault or Harassment
37.151
Definitions
37.152
Personal Hazing Offense
37.153
Organization Hazing Offense
37.154
Consent Not a Defense
37.155
Immunity from Prosecution or Civil Liability Available
37.156
Offenses in Addition to Other Penal Provisions
37.157
Reporting by Medical Authorities
37.158
Venue
37.0181
Professional Development Regarding Disciplinary Procedures
37.201
Definition
37.202
Purpose
37.203
Board
37.204
Officers
37.205
Safety Training Programs
37.207
Model Safety and Security Audit Procedure
37.208
On-site Assistance
37.209
Center Website
37.211
Recognition of Schools
37.212
Interagency Cooperation
37.213
Public Junior Colleges
37.214
Authority to Accept Certain Funds
37.215
Budget
37.216
Biennial Report
37.217
Community Education Relating to Internet Safety
37.218
Programs on Dangers of Students Sharing Visual Material Depicting Minor Engaged in Sexual Conduct
37.220
Model Threat Assessment Team Policies and Procedures
37.221
Facilities Standards Review
37.222
Resources on Safe Firearm Storage
37.301
Definition
37.302
Applicability
37.303
Removal of Registered Sex Offender from Regular Classroom
37.304
Placement of Registered Sex Offender Who Is Under Court Supervision
37.305
Placement of Registered Sex Offender Who Is Not Under Court Supervision
37.306
Review of Placement in Alternative Education Program
37.307
Placement and Review of Student with Disability
37.308
Transfer of Registered Sex Offender
37.309
Placement in Disciplinary Alternative Education Program or Juvenile Justice Alternative Education Program
37.310
Funding for Registered Sex Offender Placed in Juvenile Justice Alternative Education Program
37.311
Conference
37.312
Liability
37.313
Conflicts of Law
37.351
Facilities Standards Compliance
37.352
Purchasing Requirements
37.353
Good Cause Exception
37.354
Funding for Facilities Standards Compliance
37.355
Confidentiality
37.0811
School Marshals: Public Schools
37.0812
Training Policy: School District Peace Officers and School Resource Officers
37.0813
School Marshals: Private Schools
37.0814
Armed Security Officer Required
37.0815
Transportation or Storage of Firearm and Ammunition by License Holder in School Parking Area
37.0818
Private School Peace Officers
37.0831
Dating Violence Policies
37.0832
Bullying Prevention Policies and Procedures
37.1081
Public Hearing on Multihazard Emergency Operations Plan Noncompliance
37.1082
Multihazard Emergency Operations Plan Noncompliance
37.1083
Agency Monitoring of School District Safety and Security Requirements
37.1084
Regional School Safety Review Teams
37.1085
Assignment of Conservator for Noncompliance with School Safety and Security Requirements
37.1086
Guidelines for Multihazard Emergency Operations Plan Provisions for Individuals with Disabilities or Impairments
37.1131
Notification Regarding Violent Activity
37.1141
Active Threat Exercises
37.2071
District Multihazard Emergency Operations Plan Review and Verification
37.2091
Registry of Persons Providing School Safety or Security Consulting Services
37.2121
Memoranda of Understanding and Mutual Aid Agreements
37.2161
School Safety and Security Progress Report
37.08131
Memorandum of Understanding Between Public and Private Schools Regarding School Marshals

Accessed:
Mar. 23, 2024

§ 37.011’s source at texas​.gov