(a) Use of the Words "Including" and "Includes." When used in this chapter, the words "including" and "includes" are to be understood as introducing a non-exhaustive list, unless the context clearly indicates otherwise.
(b) Applicability. This chapter applies to JJAEPs operated under Section 37.011, Education Code.
(c) Records Retention. For purposes of this chapter, any standard that requires documentation to be maintained but does not specify the length of the retention period means at least two years past the end of the school year in which the student exited the JJAEP unless the local records retention schedule specifies a longer retention period.
(d) Policies and Procedures. Any policy or procedure required by this chapter must be established by the juvenile board that is responsible for the operation of the JJAEP.
(e) Parent Notifications.
  (1) Any requirement in this chapter for the JJAEP to provide a notice to a student's parent, guardian, or custodian applies only if:
    (A) the student is under 18 years of age; or
    (B) the student is 18 years of age or older and:
      (i) has provided written consent;
      (ii) the student has a disability and has authorized the parent, guardian, custodian, or other designated individual to receive the notification under a supported decision-making agreement, as referenced in Chapter 1357, Estates Code;
      (iii) the student is a dependent student as defined in Section 152 of the Internal Revenue Code and the notice relates to education services; or
      (iv) the notification is one that the parent would have received under the Individuals with Disabilities Education Act before the student reached 18 years of age.
  (2) Any notifications provided under paragraph (1)(B) of this subsection to a parent, guardian, or custodian without the written consent of a student who is at least 18 years of age must also be provided to the student.

Source Note: The provisions of this §348.104 adopted to be effective August 1, 2018, 43 TexReg 2593