JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMMEMORANDUM OF UNDERSTANDING

BETWEEN THE JOHNSON COUNTY JUVENILE BOARDAND

JOHNSON COUNTY INDEPENDENT SCHOOL DISTRICTS

Term of Agreement:

This Memorandum of ..M,.> ...., ••standi,..,~·(rMPU":.ijsJe;nter~~intthe Texas Education;<:p(.:jde"PY;'§ll1dbetWeenthe IndepelK1~entSc .;.. Districts of JohnsonCounty ("Districts"),~s··indicatedbY!9~.§igaattJres.;of';gt.9.~ir\·reprEil~,~ntalX!~§;.hereinbelow, andthe Johnson Coupty Juvenile J~~tiGe~;Alternative Edtle~)ign Prbgt§l.fTl~(u· JJAEP") as theagent for the Ju~nileF~9ard Q (;;hnson County, Texas ("JUv· ile BogJCf').

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WHEREAS, n~on Cg~n y, Tex~s; has a populati<?~, grea.~ thai»l'12[,~OO, and theJuvenile Bo>,> has>;bee~;lmandated by Texas Education Gode. SEition 37'.01' develop aJuvenile Ju~~ce Altern~t~ve Education Progr~111("JJAEP"), subjec to the a val of theTexas Juveile JusticeO.epartment ("TJJD"); and,

if':/-"

e SEilc:;ti 7.007 (a),WHEREA(d) and (e)

he DJstrict~ have been ma~aa.e,>,rJex~s Educationexpel students for mandatoryoff~r1.$e~; and,

:;::) __/:'cc '"'-::,,'0;> ~'0

WHEREASection 37.Title 5 of the

e District§~;l,ave the. discre&;n to exp~1 studentsunderTexas Eduation Code(b), (c), of), and Section for conductdeed as a fel~n·y offense inas Penal de;al1d,;

WHEREAS, th istricts hav . e dislcre1tionCode Section 37. 9 (b) who are re~r

"..""'l',i;~~>; ., F; ;;i~~>:;::WHEREAS, the parh~.';9>ereto~'~FeEil.that the JJAEPi~ ~;7:~8op~~!.?e effort between theeducational communityari(;f];tl;l"~ ju~renHel'justicEillSystel11l'withthe, riraary goals of the programbeing education and rehab"ilifatio' ·;~venile;·offenders.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Subject of Agreement

The Juvenile Board, in cooperation with the Districts, will provide the Johnson CountyJuvenile Justice Alternative Education Program (JCJJAEP) as specified by Chapter 37of the Texas Education Code, both through direct provision of services and throughcontractual aqreements with service providers.

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2. Referrals

Students who are expelled or removed from the DISTRICT will be afforded dueprocess as provided by school district policy and federal and state law.

The JCJJAEP will provide services for grade levels s" - 12th to mandatory studentsages 10-18 and discretionary students ages 10-16.

The JCJJAEP will provide services to students expelled or removed under thefollowing Texas Education Code provisions:

(a) Mandatory eXPIJ!§igp':~~L dgy Section 37.007 (a), (d) or (e);(b) Discretign~n~,j'ex"Hlsrcrn en i' by Section 37.007 (b) or (f),

concerf'ii'ng'?gchool related events;(c) Di~J~~~t,onary, Cb'e)fpulsTon'criteria ".,.d~fi.~e

conc'erninserious misbehavior whife ih a'DAE ,/[)isc~,eti,on4ary §~p~~lsio . ed l5yi$ectlon

enai"C'ode,Titie5 felony offenses; ;, '.,"1';

I::)I~cretiQQ:ary removal criteria define concerning,~egiste~eelsex offenders.

Mamt'4'" ry studep§ who are expelled to the JCJJAEP willsuccessful completion of brreot the follo'vVing:

a) EiglJty (80) school day~;qt~c0rl1pl~tion'of alJ' g~aduationpro~ram requiremef'it~t~hicll~~r;comes first;a rimClximumdfone (1) s.c~'ool;~ear or 180 school~ays;all; obation and/or cOlJrt~rel~lJ'drequirements; O~&du to space restri6tions, "'the student.is ...~commendter ationas.outlined in Section 6 of this' M.o

quivalent

for early

AEP will,.; ept discretionary referra,ls that m~. the criterirvices. In"addition, discretiOnary referrals ;be accepte

is-availa asis. The minimum' length of placemen r a discretio30 successfQl::school days."T " P TRleT mayplacement l5eYQ.Qg30 successfu ot more than 8case-by-case basis,;". ; "

or referral toan as-space-

student will bee to a length of

cessful days, on a

The JCJJAEP may 0 er~'1 d/or academic achievementwhich may result in the re u xpulsion term. The JCJJAEP andDISTRICT may consider a student's successful completion of the program to coincidewith the end of a grading period.

3. Enrollment

The JCJJAEP will be notified by the DISTRICT and invited to participate in allexpulsion or removal hearings scheduled to consider placement of a student in theJCJJAEP. This notification is to alert the JCJJAEP of the possible placement andassessment of the educational requirements of the student, and to allow thepaperwork to begin for the referral to Johnson County Juvenile Services as required byTexas Education Code Section 37.010.

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If a student is expelled for a mandatory or discretionary felony-level offense, theDISTRICT will notify law enforcement and provide a law enforcement report to theJCJJAEP for the related referral.

4.

The DISTRICT will refer a student to the JCJJAEP by completing the providednotification form and including a copy of the requested student records. A student willnot be allowed to attend the JCJJAEP until the following records are provided by theDISTRICT:

(a)(b)(c)(d)(e)(f)(g) e ....nt ARD report,

d psycmologic"· assessment

If a s lent moveE~Z!ransfersto a DISTRICT in Johnsod"CouJ·il. prior toof theiginal expt:i"'§ion or. removal term, •-the receiving".DI~!rHICT willstuden :length of p'~gement in! therJ,GJJAEP t>eyond th ·erm definexpulsiO r removaI6Fder." ...... ... "

completionextend the

n the original

The JCJJ p"and DISTRICay aan alternative"~gl.J.cationaLprogra;"l"~·~"I'I~~;:";~ug rehabedeteafter the date of e Isian,19~qnphe student's ter[l pf .r

" tit ~"i':~0F' ,,,"'0

'""'ik

of placement inetc.), which occurs

n or removal.

The DISTRICT will maintain enrollmen 0 all JCJJAEP students, using a campusidentification number specific for JCJJAEP, as required by Texas Education CodeSection 37.011 (h).

The JCJJAEP will report attendance to the DISTRICT on a daily basis. The report willbe made bye-mail or fax to the designated reporting person. The JCJJAEP will trackattendance for each student enrolled in the program and report truancy and failure toattend violations to the DISTRICT.

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5. Funding

Funding for all mandatory students will be provided to the Juvenile Board by the TexasJuvenile Justice Department at a rate of $86.00 per student attendance day.

Funding for all discretionary students will be provided to the Juvenile Board by theDISTRICT at a rate of $79.00 per student attendance day. Payment will be madewithin 30 days of receipt of an invoice from the billing authority of Johnson County.

In the case of special population students (as defined in Section 9 of this MOU), theDISTRICT will be financially:;:crespolisible for the•..provision of any related servicesdetermined necessary fortl:lose-students. = ,

6. Facilities,Staffing',,and!'aiIMOperations;'0:

=c·:g'"

The JCJJAEP will be provided in a' facility operated and maintained by JohnsonCounty, specificalJY located "at 1102 E. Kilpatrick-;<':Suite C, Cleburne, Texas. Thefacility mU,st comply with 'all applicable federal, state, county, and city regulations andTJJD standards. The JCJJAEP'wili operate at least seven (7) hours a day and 180days.a year as required by Texas Education Code Section 37.011 -(f).. The JCJJAEPwill PIQvide all personnel and "services necessary to operate 'the JCJJAEP, by eitherdirectj)rovision or through contractual agreements. - _

The, JCJJAEP will have two (2) designated classrooms. Space will only-altow for amaximum 'of eight (8) students in each classroorn.vtherefore, the daily population atany given time shall not exceed 16 students. Upon reaching capacity" mandatedstudents will be given precedence for enrollment over non-mandated students. TheJCJJ~EP reserves .the right to return any discretionary student to hisiqr her homeDISTRlqT in order to accommodate a mandatory student from any DIS=f~ICT. In theevent0ot.J,overcrowcHng, the JCJJAEP 'may recomm~na early termination of amandatory student's expulsion term' based on the st' ent's overall-compliance withthe progr~n1r;attendance 'arlQ'g~ades:' -,',

7. Transportation-

Transportation of students to 'the JCJJAEP will' bethe responsibility of the studentand/or his/her parent(s)/legal~guardian(s).

Transportation to the JCJJAEP of students eligible for special education services willbe reviewed by the DISTRICT Admission, Review, and Dismissal (ARD) committeeprior to placement in the JCJJAEP, and will follow what is outlined in the IndividualizedEducation Plan (IEP). If according to the IEP, the DISTRICT is required to providetransportation for the student, then the DISTRICT will continue to providetransportation for the student to the JCJJAEP. If the IEP does not require theDISTRICT to provide transportation for the student, then transportation to theJCJJAEP will be the responsibility of the student's parent(s)/legal guardian(s).

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8. Curriculum

The JCJJAEP will provide instruction in English/Language Arts, Math, Science, SocialStudies, and Self Discipline as required by Texas Education Code Section 37.011 (d).All completed coursework will be accepted by the DISTRICT and any credit(s) earnedby the student while enrolled in the JCJJAEP will be reflected on the student's schooltranscript.

The JCJJAEP will administer assessment instruments as required by Texas EducationCode Section 37.011 (d), and will offer a high school equivalency program.

The JCJJAEP will review'ha'::student's academicgprogress with the parent(s)/Iegalguardian(s), and in the'Cas9, ()fT,ashig,h~~S.bpol student,"'~VlJillreview the student'sprogress toward meeting hi~b,~chool;-gra~l;J'ation.r~m!jremerits and establish a specificgraduation plan fo'!- th~~~fbdent as required by Texas,,'E~uTpaiionCode Section 37.011(d). The JCJJAE~"'is not required to provide",a.cp~rse" necessary to fulfill a student'shigh school graduation r~q9irefuents other than a course specified in this Section.

The JCJJAEP, may provide elective courses as available through current JCJJAEPcurriculum. The DISTRICT' will provide for instruction in any elective .course thatcannot be provided by the JCJJAEP but that the DISTRICT wants the, student tornairjtain. The student's coursework will be addressed at the time of the expulsion orremo.val hearing and a determination made as to now the courses for'"iwhich thestudent is currently enrolled can 'be maintained .

.,

9. Special Populations,

Students Eligible for Special Education Services:A student with a disability who receives special education services maw!?~ expelled orremoved, to the JCJ::JAEPxonly after a duly constituted Adrnissiorix.Review, andDismiss~i'I:(ARD) committee determines thafihe .alle~ep offense and/pt:'behavior wasnot a manife~tation of ther tirdent's disability ..in,!~~cordance wi\h:ViTexas EducationCode Section~37.004. "h,-/ .

. ,,';"~ .. '

The JCJJAEP will be notified byjhe DISTRICT: and.invited to participate in all ARDcommittee meetings scheduled to discuss Jhe'~e)(p_l!~sipno~ removal of a specialeducation student to the JGJ~AEP. The DISTRIGT;"Yil!provide a copy of the student'scurrent Individual Education Plan (IEP) and/or Behavior Intervention Plan (BIP) to theJCJJAEP for review prior to the meeting. The JCJJAEP may participate in themeeting to the extent that the meeting relates to the student's placement in theJCJJAEP.

If a student eligible for or receiving special education services is expelled or removedto the JCJJAEP, the DISTRICT will continue to provide any related services outlined inthe IEP and/or BIP which are not available at the JCJJAEP. Related services mayinclude, but are not limited to: counseling, transportation, interpretive services, andspecial curriculum.

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If the JCJJAEP determines that a student, who has not previously been qualified as astudent eligible for special education, may be eligible for services, the JCJJAEP willrefer the student to the DISTRICT for evaluation and determination of eligibility forspecial education services, in accordance with applicable state and federal statutesand regulations.

If the JCJJAEP determines that the student's educational and/or behavioral needscannot be met in the program, the JCJJAEP will immediately notify the DISTRICT.Upon receiving such notice from the JCJJAEP, the DISTRICT will convene an ARDcommittee meeting to determine if the student's IEP and/or BIP need to be modified,or whether the student's plac men . Del'" e=nsidered.

Students Identified Ish as a SecondLan ua e Learners:The JCJJAEP yYill~servest~de.OfsiidentifiedT a's Eng~i§h a!f'alearners by pr8viaingrt9~en·eces~ar:y~~.~p~iges, 7~ihst~.~gti8n, .9commodations asrecommenge9~oy the,"Langua . Jrofidencyc;Als.~:~;~.~merit;;p;ornmlie"~~;.The DISTRICTwill conti~~.e to provid. y related services:re§8mme~~~d "i."." the LanguageProficienc ,Assessmentfrommittee which are not ava"ilable atttle) EP.

d

The DISTRICT wil(a) providing

enrolled in the esting;(D) providinq any allowab e accommodations documented for a student in a

special population (e.g., oral reading) or determined necessary(interpreter) for statewide assessments;

(c) delivering the required testing materials and/or supplies to the JCJJAEPprior to the scheduled testing date(s) and picking up the testingmaterials/supplies upon completion of the testing; and

(d) providing a copy of statewide assessment scores to the JCJJAEP forthose students enrolled in the JCJJAEP at the time of testing.

Stude with"·Sectior1504 Plans: -c..

The J~'JJAEP wilJ~iserveidentified students who require a Sa ph"sfcal or m~~6tal impairment by pr~~,iding the necessaacc odation§~jlas iecommen9~9tlYi th~ 59~ Commi!tecon e to pro~iae any related "se. ·.~d sl){·";· 'idrnendedby thare avqi}aolel'Eit the JCJJAEP.

1o. =S=ta~~:..::;...;..=~~===

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11. Exit and Transition

A certified teacher assigned by the JCJJAEP will review all academic work of astudent prior to the student's exit from the JCJJAEP, and will certify completion ofcoursework based upon a determination that the student has mastered the essentialknowledge and skills for a course at the seventieth percentile pursuant to TexasEducation Code Section 28.002.

Upon completion of the program, the JCJJAEP will notify the DISTRICT of thestudent's plan to return to the DISTRICT. This notification will be provided in writingand will include, at a minimundance days, withdrawal grades, andany credits earned.

In accordance,..... Tex~s':::E:'aucation",Coae ~~Qtion,.,~.1 (d), all completedcoursework will ,peaCQepted'By~the...~;I§I:~I:~!anal any·~r~dit(g.);~~rnedBythe studentwhile enrolledttirith~cJCJJAEP... 'It]'eCreflected70nthe stud~nt's s···· I transcript.

The t 'rm of~tlils Mr :,.. will Be~fromAugust 1, 2014,pf! upothe I ignatory,tp,the MOU, whichever..is later, through·1Junot t inated by';either..party.tor if neitge.rparty requests anthis U shall t!1ereaftercontinue in e' . until such time asit b rminatedr superseded.

he MOU byhis MOU isthe MOU,uests that

12.

13.

In th •. ' ent that.MOU has not Been executed by Septemc.. r 1 of the ,Ctlrrentschoolyear,f~f19an agreement doe~not appearEpq~siBle,the,pa.~!~sshall su c.•• it to BindingarBitratif?h.'as outlin~GIinTexa§ ...·'.S8.yc~ti9n..c.gde"Sectj.on·37.011(p If, however,ongoingr;oegotiations'pfqbibit thf§xecCJtion'·pfcthe..ry10 'tthe curre ~hool year, thepast schar?:'.ear MOU re'ltI:ainsin'effect until-the'ne U is finaliz nd executed.

At such tim ntatives from theparticipating sc·I;,.distfict§'Jeach an agreellJ§.n promulgated by thearbitrators, such 'MO~"shalllb~Isubrnltt~d to tl1 oard and to the schoolBoard for each of the"pa·fti.8jR~!iI"l9¥§9hooIdistric consideration and approval.The new MOU shall, afte(appr;gy riate authorities, or following themandate of the arbitrators, upon its e ective date supersede the existing MOU. Atwhich time the new MOU is completed, each school district is required to submit forBoardapproval the new MOU, allowing for the last year's MOU to expire.Should any party fail or decline to execute the MOU, or fail to appear or submit toBinding arbitration, after reasonable notice of such proceedings by certified mail orhand delivery, then the arbitrators selected by the other party may enter an MOU onBehalf of the recalcitrant party and obligate the recalcitrant party to the terms andprovisions of the MOU.

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This MOU constitutes the complete and exclusive agreement between the parties, andsupersedes all oral or written proposals, prior written agreements, and other priorcommunications between the parties, concerning the subject matter of this MOU. Inthe event that any of the provisions contained in this MOU are held to beunenforceable, this MOU shall be construed without such provisions, and theremaining provisions hereof continue in full force and effect. In the event that state lawaffecting the operation of the JCJJAEP changes after the date this MOU is enteredinto, the parties agree to amend the MOU accordingly.

Any student who does not meet the eligibility requirements of this MOU is not entitledto educational services by the ..J

Signed this the

14. Signatures

Chairman,County Co

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