Sec. 30.106.  READING AND BEHAVIOR PLAN.  (a)  Because learning and behavior are inextricably linked and learning and improved behavior correlate with decreased recidivism rates, the Texas Juvenile Justice Department shall not only fulfill the department's duties under state and federal law to provide general and special educational services to students in department educational programs but also shall implement a comprehensive plan to improve the reading skills and behavior of those students.
(b)  To improve the reading skills of students in department educational programs, the department shall:
(1)  adopt a reliable battery of reading assessments that:
(A)  are based on a normative sample appropriate to students in department educational programs;
(B)  are designed to be administered on an individual basis; and
(C)  allow school employees to:
(i)  evaluate performance in each essential component of effective reading instruction, including phonemic awareness, phonics, fluency, vocabulary, and comprehension;
(ii)  monitor progress in areas of deficiency specific to an individual student; and
(iii)  provide reading performance data;
(2)  administer the assessments adopted under Subdivision (1):
(A)  at periodic intervals not to exceed 12 months, to each student in a department educational program; and
(B)  at least 15 days and not more than 30 days before a student is released from the department;
(3)  provide at least 60 minutes per school day of individualized reading instruction to each student in a department educational program who exhibits deficits in reading on the assessments adopted under Subdivision (1):
(A)  by trained educators with expertise in teaching reading to struggling adolescent readers; and
(B)  through the use of scientifically based, peer-reviewed reading curricula that:
(i)  have proven effective in improving the reading performance of struggling adolescent readers;
(ii)  address individualized and differentiated reading goals; and
(iii)  include each of the essential components of effective reading instruction, including phonemic awareness, phonics, fluency, vocabulary, and comprehension;
(4)  require each teacher in a department regular or special educational program who teaches English language arts, reading, mathematics, science, social studies, or career and technology education to be trained in incorporating content area reading instruction using empirically validated instructional methods that are appropriate for struggling adolescent readers; and
(5)  evaluate the effectiveness of the department's plan to increase reading skills according to the following criteria:
(A)  an adequate rate of improvement in reading performance, as measured by monthly progress monitoring using curricular-based assessments in each of the essential components of effective reading instruction, including phonemic awareness, phonics, fluency, vocabulary, and comprehension;
(B)  a significant annual rate of improvement in reading performance, disaggregated by subgroups designated under department rule, as measured using the battery of reading assessments adopted under Subdivision (1); and
(C)  student ratings of the quality and impact of the reading plan under this subsection, as measured on a student self-reporting instrument.
(c)  To increase the positive social behaviors of students in department educational programs and to create an educational environment that facilitates learning, the department shall:
(1)  adopt system-wide classroom and individual positive behavior supports that incorporate a continuum of prevention and intervention strategies that:
(A)  are based on current behavioral research; and
(B)  are systematically and individually applied to students consistent with the demonstrated level of need;
(2)  require each teacher and other educational staff member in a department educational program to be trained in implementing the positive behavior support system adopted under Subdivision (1); and
(3)  adopt valid assessment techniques to evaluate the effectiveness of the positive behavior support system according to the following criteria:
(A)  documentation of school-related disciplinary referrals, disaggregated by the type, location, and time of infraction and by subgroups designated under department rule;
(B)  documentation of school-related disciplinary actions, including time-out, placement in security, and use of restraints and other aversive control measures, disaggregated by subgroups designated under department rule;
(C)  validated measurement of systemic positive behavioral support interventions; and
(D)  the number of minutes students are out of the regular classroom because of disciplinary reasons.
(d)  The department shall consult with faculty from institutions of higher education who have expertise in reading instruction for adolescents, in juvenile corrections, and in positive behavior supports to develop and implement the plan under Subsections (b) and (c).
(e)  A student in a department educational program may not be released on parole from the department unless the student participates, to the extent required by department rule, in the positive behavior support system under Subsection (c).  A student in a department educational program who exhibits deficits in reading on the assessments adopted under Subsection (b)(1) must also participate in reading instruction to the extent required by this section and by department rule before the student may be released on parole.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187 (H.B. 3689), Sec. 4.003, eff. June 19, 2009.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 29, eff. September 1, 2015.