(a) Adoption.
  (1) The JJAEP student code of conduct must be adopted annually by the juvenile board and must describe and define in writing the JJAEP's behavior management system.
  (2) The JJAEP administrator must:
    (A) conduct an annual review of the student code of conduct after the conclusion of each school year and before the beginning of the next school year; and
    (B) no later than October 1 of each year, submit to TJJD documentation verifying the review was completed.
(b) Notice to Students, Parents, and Staff.
  (1) The JJAEP student code of conduct must be provided to each student and to the student's parent, guardian, or custodian upon the student’s entry into the JJAEP.
  (2) The student code of conduct must be reviewed with each student and the student's parent, guardian, or custodian and must be translated if necessary to ensure understanding of the content by all parties.
  (3) Acknowledgment of receipt of the student code of conduct signed by the student and by his/her parent, guardian, or custodian must be maintained in each student's file.
  (4) No later than the first day of each school year, each JJAEP staff member must sign an acknowledgement that he/she has read and understands the student code of conduct. This acknowledgement must be maintained in the staff's personnel file.
  (5) The student code of conduct must be readily accessible to every JJAEP staff member.
(c) Discipline and Sanctions. The student code of conduct must include the following:
  (1) prohibited conduct described as minor violations and major violations and the corresponding disciplinary consequences available for each violation;
  (2) a description of the disciplinary process, including safeguards designed to promote consistent application of the process;
  (3) circumstances that will allow a student's removal from the classroom with staff supervision;
  (4) circumstances under which a student may be placed into another educational setting;
  (5) due-process procedures; and
  (6) a prohibition on one student sanctioning another student.
(d) Prohibited Sanctions.
  (1) The following sanctions are prohibited in the JJAEP, and their prohibition must be noted in the student code of conduct:
    (A) corporal punishment, physical abuse, humiliating punishment, and hazing;
    (B) physical exercises imposed for discipline or intimidation, except as allowed under paragraph (2) of this subsection;
    (C) deprivation of food and water; and
    (D) expulsion from the JJAEP.
  (2) Physical exercise may be used for discipline only if:
    (A) the JJAEP operates an intensive physical activity program;
    (B) the JJAEP has established written policies and procedures that include limitations on the types of physical activity that may be used for discipline; and
    (C) the physical exercise does not cause bodily duress (i.e., physical punishment to the body).
(e) Dress Code. The student code of conduct may establish a dress code or require uniforms for students in attendance.
(f) Grievance Procedures. The student code of conduct must state:
  (1) which issues are grievable and not grievable;
  (2) the process by which a student may submit a grievance;
  (3) the method(s) by which students may obtain and submit a grievance without the assistance or permission of staff;
  (4) that retaliation by staff against a student for submitting a grievance is prohibited;
  (5) that the student will receive a written response within five school days after submitting the grievance;
  (6) that, upon request, a student's parent, guardian, or custodian will be provided a copy of a grievance submitted by the student, including the response;
  (7) the deadline for submitting an appeal of the initial response, which must be no earlier than five school days after the student receives the initial response; and
  (8) that the student will receive a written response within 10 school days after submitting an appeal.
(g) Sexual Abuse. The student code of conduct must include information relating to the JJAEP's zero-tolerance policy for sexual abuse. The information provided must address the following:
  (1) prevention and intervention;
  (2) methods of minimizing the risk of sexual abuse;
  (3) reporting sexual abuse and assault; and
  (4) treatment and counseling.

Source Note: The provisions of this §348.224 adopted to be effective August 1, 2018, 43 TexReg 2593