Header:
TEXAS ADMINISTRATIVE CODE
TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 348. JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS
SUBCHAPTER A. PROGRAM OPERATIONS
Date:
03/18/2014
Document:
§ 348.120. Security and Control
(a) Security Plan. The JJAEP shall have a written plan that addresses security:
(1) within the JJAEP;
(2) on the JJAEP campus;
(3) at JJAEP sponsored events off campus property; and
(4) during transportation of JJAEP students; if applicable.
(b) Transportation. Policies shall govern the use of motor vehicles to transport students enrolled in the JJAEP and address the following:
(1) methods of transportation authorized;
(2) security and supervision;
(3) authorized transport personnel;
(4) emergency procedures;
(5) the requirement of auto liability insurance when transporting in personal vehicles; and
(6) circumstances under which students will be allowed to drive a personal vehicle to the JJAEP campus.
(c) Emergency Situations.
(1) The JJAEP shall have written policies and procedures regarding emergency situations. Policies, at a minimum, shall address the following:
(A) emergency evacuation plans;
(B) assignment of staff responsibilities; and
(C) notification of emergency services.
(2) Emergency situations include, but are not limited to:
(A) fires;
(B) bomb threats;
(C) hazardous weather conditions; and
(D) riots.
(d) Medical Emergencies. The JJAEP shall have written policies and procedures addressing medical emergencies. At a minimum, the policies shall include provisions regarding the following:
(1) when emergency medical assistance shall be called;
(2) securing medical assistance and notification to appropriate staff and the parent, guardian, or custodian of the student involved; and
(3) documentation of the incident.
(e) Cardio-Pulmonary Resuscitation (CPR) and First Aid. Each JJAEP shall have a minimum of two staff members on duty at all times certified in CPR and first aid. Proof of current certification shall be maintained in staff personnel or training files. Documentation shall reflect the day certification expires or the length of certification.
(f) Emergency Exit Drills. Unless otherwise required more frequently by local fire codes or ordinances, the JJAEP shall conduct two emergency exit drills during the school year. A minimum of one (1) of the emergency exit drills shall be conducted during the first half of the school year (August-December) and one (1) shall be conducted during the second half of the school year (January-June).
(1) Written documentation (i.e., fire drill log, etc.) of the emergency exit drills shall be maintained. Documentation shall include the date, time and staff involved in the emergency drill.
(2) JJAEPs shall post emergency exit routes in all classrooms and common areas.
(g) JJAEP Closure. The JJAEP shall have written policies and procedures addressing the cancellation of classes due to an emergency situation. The policy shall at a minimum address:
(1) the cancellation of school due to inclement weather and/or emergency situations;
(2) who is the responsible party in making that decision; and
(3) the methods in which the closure is to be communicated to the students and parents.
(h) Supervision.
(1) The JJAEP shall have a written policies and procedures that ensure students removed from the classroom for disciplinary purposes and placed in an unlocked isolation, administrative segregation, time-out, in-school suspension or other disciplinary removals from the regular classroom, are under continuous visual supervision by a JJAEP staff member.
(2) Policies and procedures shall prohibit the use of electronic monitoring equipment as a substitute for staff's continuous visual supervision.
(i) Searches.
(1) All students entering the JJAEP shall be subjected to a pat-down search or a metal detector screening on a daily basis.
(2) Searches shall be conducted in accordance with written policies limited to certain conditions. The policies shall address:
(A) when a search is appropriate and/or required;
(B) who is authorized to conduct the search;
(C) what types of searches are permissible;
(D) how the pat-down searches will be conducted; and
(E) what to do when contraband is found.
(3) Policies shall limit pat-down searches to be conducted only by staff of the same sex.
(4) Program written policies shall prohibit strip searches by JJAEP staff.
(j) Disciplinary Reports.
(1) Written policies and procedures shall require JJAEP staff to prepare a written disciplinary report for each inci-dent occurring in the JJAEP that constitutes a major violation of the student code of conduct or JJAEP rules. The policies shall require that the written disciplinary report include the details of the incident, the violation that occurred, action taken by the staff member(s), the date and time of the incident and the outcome.
(2) The disciplinary report shall be forwarded to the JJAEP administrator within 24 hours or on the next working day. Documentation of a disciplinary report being forwarded to the JJAEP administrator shall be maintained. The documentation shall include the date and time the report was forwarded to the JJAEP administrator.
(k) Weapons. Only certified peace officers and certified juvenile probation officers acting in the scope of their au-thority may possess and carry weapons or chemical agents within the premises of the JJAEP.
(1) The JJAEP shall have a written policies that prohibit staff, other than a law enforcement officer acting in the scope of his or her official duty, from the possession of a weapon or a chemical agent as defined by the § 46.01 of the Texas Penal Code on the JJAEP premises or at a JJAEP sponsored event.
(2) Under § 142.006 of the Texas Human Resources Code, certified juvenile probation officers are authorized to carry a firearm. A program's firearm prohibition policies, procedures, and practices shall address situations involving armed certified juvenile probation officers who either work at the JJAEP or who may be visiting, delivering or retrieving students.
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