On April 7, 2010, the Texas Education Agency filed a public notice announcing the availability of the Individuals with Disabilities Education Act, Part B, Federal Fiscal Year 2010 State Application.
The below notice can be found on the Texas Register's website at http://www.sos.state.tx.us/texreg/sos/in-addition/in-addition.html#281. Emphasis added. The public typically has 30 days from the filing date of public notices to make any comments.
Purpose and Scope of the Individuals with Disabilities Education Act (IDEA), Part B, Federal Fiscal Year (FFY) 2010 State Application and its Relation to Part B of the IDEA. As a result of the 2004 amendments to the IDEA, all states must ensure that the state has on file with the Secretary of the U.S. Department of Education assurances that the state meets or will meet all of the eligibility requirements of Part B of the IDEA as amended in 2004 by Public Law 108-446. A state may do this by one of the following methods: (1) providing assurances in the Part B FFY 2010 State Application that it has in effect policies and procedures to meet the requirements of Part B of the IDEA as amended in 2004 by Public Law 108-446; (2) providing assurances in the State Application that the state will operate consistent with all the requirements of Public Law 108-446 and applicable regulations and make such changes to existing policies and procedures as necessary to bring those policies and procedures into compliance with the requirements of IDEA, as amended, as soon as possible and not later than June 30, 2011; or (3) submitting modifications to state policies and procedures previously submitted to the U.S. Department of Education.
The State of Texas (Texas Education Agency) has chosen to submit a 2010 State Application providing assurances the state will operate consistent with all the requirements of Public Law 108-446 and applicable regulations.
Availability of the State Application. The Proposed State Application is available on the Texas Education Agency (TEA) Special Education web page at http://www.tea.state.tx.us/special.ed/eligdoc/index.html. The Proposed State Application document may be reviewed and/or downloaded from this web page address. In addition, instructions for submitting public comments are also available from the same site. The Proposed State Application document will also be available at the 20 regional education service centers and at the TEA Library (Ground Floor, Room G-102), 1701 North Congress Avenue, Austin, Texas 78701. Parties interested in reviewing the Proposed State Application should contact the TEA Division of IDEA Coordination at (512) 463-9414.
Procedures for Submitting Written Comments About the Proposed State Application. The TEA will accept written comments pertaining to the Proposed State Application by mail to the Texas Education Agency, Division of IDEA Coordination, 1701 North Congress Avenue, Austin, Texas 78701-1494 or by email to sped@tea.state.tx.us.
Timetable for Submitting the Annual State Application Under Part B of the Individuals with Disabilities Education Act as Amended in 2004 for FFY 2010 to the Secretary of Education for Approval. After review and consideration of all public comments, the TEA will make necessary/appropriate modifications and will submit the State Application on or before May 16, 2010.
Further Information. For more information, contact the TEA Division of IDEA Coordination by mail at 1701 North Congress Avenue, Room 6-127, Austin, Texas 78701; by telephone at (512) 463-9414; by fax at (512) 463-9560; or by email at sped@tea.state.tx.us.
TRD-201001593
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: April 7, 2010
Monday, April 19, 2010
Friday, April 9, 2010
Can a Juvenile be Sent to TYC on First Offense?
In other words, can a kid be sent away the first time a judge finds he did something wrong? In The Matter of J.A., No. 04-09-00556-CV, the juvenile, J.A. asked that very question to a Texas Appeals Court.
History of the Case
On April 4, 2009, C.G. and a friend were walking outside when they saw J.A. and three others. Because of J.A.’s bad reputation, the two kids decided to walk down a drainage ditch to avoid any confrontation. Unfortunately, J.A. and his three friends beat up C.G. and his friend. J.A. took shoes from C.G.’s feet and backpack. While J.A. and his friends were kicking and punching C.G., they yelled profanities and identified themselves as gang members.
J.A. had a history of inappropriate behavior. J.A. admitted to smoking marijuana once a month. In the two preceding years he had accumulated 39 school disciplinary referrals which resulted in his expulsion from the school district and being sent to the Bexar County Juvenile Justice Academy. J.A.’s mother and step-father reported that they have had issues with J.A.’s behavior in the past.
Court Proceeding
A youth adjudication hearing is a proceeding in which a Judge will determine if a delinquent act was committed by the youth or if the youth is in need of supervision.
At J.A.’s adjudication hearing, the State and the probation officer recommended commitment to TYC, Texas Youth Commission. However, seven out of ten individuals on the juvenile probation department’s staffing committee recommended probation with participation in GANG ISP and the KAPS program. J.A.’s attorney argued that J.A. was diagnosed with depression disorder and qualified for special education but J.A. had never received any prior resources.
J.A. contended that he should be placed on probation because he had no prior adjudications and described "many of [the thirty-nine school disciplinary] infractions to be rather minor." No. 04-09-00556-CV, In re J.A.
On March 10, 2010, the appellate court affirmed the district court’s decision to send J.A. to TYC. The court stated, “In order for a juvenile to be committed to TYC, the juvenile court must find that:
(1) placement outside the home is in the juvenile's best interests;
(2) reasonable efforts were made to prevent or eliminate the need for removal from the home; and
(3) the juvenile, in the juvenile's home, cannot be provided the quality of care and level of support and supervision the juvenile needs to meet the conditions of probation. Tex. Fam. Code Ann. § 54.04(i)(1) (Vernon Supp. 2009).” Id.
The court reasoned that the trial court did not have to exhaust all possible alternatives before sending a juvenile to TYC.
Conclusion
So encourage kids to stay out trouble. Do not count on getting a "freebie" before real consequences are applied. Confinement in a TYC facility could be theirs even on the first offense.
History of the Case
On April 4, 2009, C.G. and a friend were walking outside when they saw J.A. and three others. Because of J.A.’s bad reputation, the two kids decided to walk down a drainage ditch to avoid any confrontation. Unfortunately, J.A. and his three friends beat up C.G. and his friend. J.A. took shoes from C.G.’s feet and backpack. While J.A. and his friends were kicking and punching C.G., they yelled profanities and identified themselves as gang members.
J.A. had a history of inappropriate behavior. J.A. admitted to smoking marijuana once a month. In the two preceding years he had accumulated 39 school disciplinary referrals which resulted in his expulsion from the school district and being sent to the Bexar County Juvenile Justice Academy. J.A.’s mother and step-father reported that they have had issues with J.A.’s behavior in the past.
Court Proceeding
A youth adjudication hearing is a proceeding in which a Judge will determine if a delinquent act was committed by the youth or if the youth is in need of supervision.
At J.A.’s adjudication hearing, the State and the probation officer recommended commitment to TYC, Texas Youth Commission. However, seven out of ten individuals on the juvenile probation department’s staffing committee recommended probation with participation in GANG ISP and the KAPS program. J.A.’s attorney argued that J.A. was diagnosed with depression disorder and qualified for special education but J.A. had never received any prior resources.
J.A. contended that he should be placed on probation because he had no prior adjudications and described "many of [the thirty-nine school disciplinary] infractions to be rather minor." No. 04-09-00556-CV, In re J.A.
On March 10, 2010, the appellate court affirmed the district court’s decision to send J.A. to TYC. The court stated, “In order for a juvenile to be committed to TYC, the juvenile court must find that:
(1) placement outside the home is in the juvenile's best interests;
(2) reasonable efforts were made to prevent or eliminate the need for removal from the home; and
(3) the juvenile, in the juvenile's home, cannot be provided the quality of care and level of support and supervision the juvenile needs to meet the conditions of probation. Tex. Fam. Code Ann. § 54.04(i)(1) (Vernon Supp. 2009).” Id.
The court reasoned that the trial court did not have to exhaust all possible alternatives before sending a juvenile to TYC.
Conclusion
So encourage kids to stay out trouble. Do not count on getting a "freebie" before real consequences are applied. Confinement in a TYC facility could be theirs even on the first offense.
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