Texas Administrative Code Title 19

Education: As effective August 6, 2010

Chapter 103

Subchapter AA

§103.1001: Student Physical Fitness Assessment

(a) In accordance with the Texas Education Code (TEC), Chapter 38, Subchapter C, each school district and open-enrollment charter school shall annually assess the physical fitness of students enrolled in Grades 3-12.

(b) Each student must be assessed based on factors related to student health, including the factors specified in the TEC, §38.102, unless a particular factor is inappropriate for that student because of a health classification as defined in 19 TAC §74.31 of this title (relating to Health Classifications for Physical Education).

(c) The assessment that each school district and open-enrollment charter school shall use to assess student physical fitness will be the assessment instrument selected by the commissioner of education through a request for offers process.

Comments

Source Note: The provisions of this §103.1001 adopted to be effective December 18, 2007, 32 TexReg 9340

§103.1003: Student Physical Activity Requirements and Exemptions

(a) In accordance with the Texas Education Code (TEC), §28.002(l), all students in Kindergarten-Grade 8 must participate in at least 30 minutes of moderate to vigorous daily physical activity subject only to the limitations or exemptions specified in this section.

(1) For a student enrolled in any grade level below Grade 6, the school district or open-enrollment charter school may require a student to participate in moderate or vigorous physical activity for at least 135 minutes during each school week as an alternative.

(2) A student in Grade 6, 7, or 8 must participate daily for at least four semesters during those grades.

(3) A school district or open-enrollment charter school that uses block scheduling may permit a student to participate in 225 minutes of physical activity over two weeks as an alternative.

(4) Each school district or open-enrollment charter school must allow an exemption from the physical activity requirement for a student with an illness or a disability using the health classifications defined in §74.31 of this title (relating to Health Classifications for Physical Education).

(b) Each school district or open-enrollment charter school must provide an exemption for a student on a middle or junior high school campus to participate in an extracurricular activity that has a moderate to vigorous physical activity component and meets the requirements for extracurricular activity as defined by §76.1001 of this title (relating to Extracurricular Activities) and is a structured activity as defined by subsection (d) of this section.

(c) A school district or open-enrollment charter school may allow an exemption for a student on a middle or junior high school campus participating in a school-related activity or an activity sponsored by a private league or club only if that activity meets each of the following requirements.

(1) The activity must be structured as defined in subsection (d) of this section.

(2) The school district's board of trustees or open-enrollment charter school board must certify the activity.

(3) The student must provide proof of participation in the activity.

(d) A structured activity as referenced in this section is defined as an activity that meets, at a minimum, each of the following requirements.

(1) The activity is based on the grade appropriate movement, physical activity and health, and social development strands of the essential knowledge and skills for physical education specified in Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education).

(2) The activity is organized and monitored by school personnel or by appropriately trained instructors who are part of a program that has been certified by the school district's board of trustees or open-enrollment charter school board.

Comments

Source Note: The provisions of this §103.1003 adopted to be effective August 28, 2008, 33 TexReg 6828

Subchapter BB

§103.1101: Automated External Defibrillator (AED) Reimbursement

(a) Eligibility. Each school district and open-enrollment charter school campus that demonstrates priority and need as set forth in this subsection may receive reimbursement for the cost of one automated external defibrillator (AED) device.

(1) For purposes of this section, a "campus" is defined as a single physical facility with a unique physical address.

(2) Each school district and open-enrollment charter school campus that did not have an AED device located at the campus prior to June 1, 2007, has priority for receiving reimbursement for the purchase of an AED device.

(3) Each school district and open-enrollment charter school campus that purchased an AED device on or after June 1, 2007, and did not have an AED device located at the campus prior to June 1, 2007, has the greatest need for reimbursement for the purchase of an AED device.

(b) Application and reimbursement. In order to receive AED reimbursement, each eligible school district and open-enrollment charter school that has at least one campus that has demonstrated priority and need as set forth in subsection (a) of this section shall submit:

(1) the reimbursement application provided in this subsection entitled, "Automated External Defibrillator (AED) Reimbursement"; and

Attached Graphic

(2) a copy of each invoice which documents the purchase and contains the purchase price and the purchase date.

(c) Reimbursement amount. Each school district and open-enrollment charter school campus that has been approved for AED reimbursement is eligible to be reimbursed for the actual amount paid for the AED device or a maximum of $1,475, whichever is less.

(d) Additional available funds. Should funds be available after the AED reimbursements established by subsection (a) of this section are issued, reimbursements may be made to private school campuses that demonstrate priority and need as set forth in subsection (a) of this section.

(e) Donations. In all cases, donated AED devices or AED devices purchased with donated funds are ineligible for reimbursement regardless of the date of receipt or purchase.

Comments

Source Note: The provisions of this §103.1101 adopted to be effective May 11, 2008, 33 TexReg 3631

Subchapter CC

§103.1201: Standards for the Operation of School District Disciplinary Alternative Education Programs

(a) A disciplinary alternative education program (DAEP) established in conformance with the Texas Education Code (TEC), §37.008, and this section is defined as an educational and self-discipline alternative instructional program, adopted by local policy, for students in elementary through high school grades who are removed from their regular classes for mandatory or discretionary disciplinary reasons and placed in a DAEP.

(b) Each school district participating in a shared services arrangement (SSA) for DAEP services shall be responsible for ensuring that the board-approved district improvement plan and the improvement plans for each campus required by the TEC, §11.251 and §11.252, include the performance of the DAEP student group for the respective district. The identified objectives for the improvement plans shall include:

(1) student groups served, including overrepresentation of students from economically disadvantaged families, with ethnic and racial representations, and with a disability who receive special education and limited English proficiency services;

(2) attendance rates;

(3) pre- and post-assessment results;

(4) dropout rates;

(5) graduation rates; and

(6) recidivism rates.

(c) A DAEP may be located on-campus or off-campus in adherence with requirements specified in §129.1025 of this title (relating to Adoption By Reference: Student Attendance Accounting Handbook). For reporting purposes, the DAEP shall use the county-district-campus number of the student's locally assigned campus (the campus the student would be attending if the student was not attending the DAEP).

(d) An individual school district or an SSA may contract with third parties for DAEP services. The district must require and ensure compliance with district responsibilities that are transferred to the third-party provider.

(e) The campus of accountability for student performance must be the student's locally assigned campus, including when the individual school district or SSA contracts with a third party for DAEP services.

(f) Each school district shall provide an academic and self-discipline program that leads to graduation and includes instruction in each student's currently enrolled foundation curriculum necessary to meet the student's individual graduation plan, including special education services.

(1) A student's four-year graduation plan (minimum, recommended, or distinguished achievement--advanced) may not be altered when the student is assigned to a DAEP. A student must be offered an opportunity to complete a foundation curriculum course in which the student was enrolled at the time of removal before the beginning of the next school year, including correspondence or distance learning opportunities or summer school. A district may not charge for a course required under this section.

(2) The school day for a DAEP shall be at least seven hours but no more than ten hours in length each day, including intermissions and recesses as required under the TEC, §25.082(a).

(3) Notwithstanding the TEC, §37.008(a)(3), summer programs provided by the district may serve students assigned to a DAEP in conjunction with other students, as determined by local policy.

(g) A DAEP program serving a student with a disability who receives special education services shall provide educational services that will support the student in meeting the goals identified in the individualized education program (IEP) established by a duly-constituted admission, review, and dismissal (ARD) committee, in accordance with the TEC, §37.004, and federal requirements.

(h) Each school district is responsible for the safety and supervision of the students assigned to the DAEP; however, the immunity from the liability established in the TEC, §22.0511, shall not be impacted.

(1) The certified teacher-to-student ratio in a DAEP shall be one teacher for each 15 students in elementary through high school grades. Elementary grade students assigned to the DAEP shall be separated from secondary grade students assigned to the DAEP. The designation of elementary and secondary will be determined by adopted local policy.

(2) The DAEP staff shall be prepared and trained to respond to health issues and emergencies.

(3) Students in the DAEP shall be separated from students in a juvenile justice alternative education program (JJAEP) and students who are not assigned to the DAEP.

(4) Each district shall establish a board-approved policy for discipline and intervention measures to prevent and intervene against unsafe behavior and include disciplinary actions that do not jeopardize students' physical health and safety, harm emotional well-being, or discourage physical activity.

(i) Staff at each DAEP shall participate in training programs on education, behavior management, and safety procedures that focus on positive and proactive behavior management strategies. The training programs must also target prevention and intervention that include:

(1) training on the education and discipline of students with disabilities who receive special education services;

(2) instruction in social skills and problem-solving skills that addresses diversity, dating violence, anger management, and conflict resolution to teach students how to interact with teachers, family, peers, authority figures, and the general public; and

(3) annual training on established procedures for reporting abuse, neglect, or exploitation of students.

(j) Procedures for each DAEP shall be developed and implemented for newly-entering students and their parents or guardians on the expectations of the DAEP, including written contracts between students, parents or guardians, and the DAEP that formalize expectations and establish the students' individual plans for success.

(k) The transition procedures established for a student who is exiting a DAEP and returning to the student's locally assigned campus shall be implemented and updated annually as needed. The transition procedures shall include:

(1) an established timeline for the student's transition from the DAEP to the student's locally assigned campus; and

(2) written and oral communication from the DAEP staff to the locally assigned campus during the student's assignment to the DAEP, including the student's educational performance and tasks completed.

Comments

Source Note: The provisions of this §103.1201 adopted to be effective December 14, 2008, 33 TexReg 10152