Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009 Page: 5,544
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sessment of the youth's disability and any accommodations that
are necessary to enable the youth to complete the program.
Response: Although the rule requires case plans to include in-
dividualized strategies to help youth progress through the pro-
gram, TYC agrees that more emphasis should be placed on ad-
dressing a youth's abilities during the case planning process.
Subsection (a) and subsection (c)(2) of the adopted text have
been amended to reflect that a youth's abilities are a primary
factor in case planning.
87.2.
Comment: The general provisions should be amended to require
all aspects of the TYC rehabilitation program to provide reason-
able accommodations for a youth's disability.
Response: Although the rule requires all aspects of the reha-
bilitation program to be individualized, TYC agrees that more
emphasis should be placed on a youth's abilities when assess-
ing youth progress through the program. Subsection (c)(4) of
the adopted text has been amended to reflect that a youth's in-
dividual abilities are a primary component in assessing his/her
progress in rehabilitation programming.
Comment: The rule should include provision of special education
services and Section 504 services for youth with disabilities.
Response: This rule is intended to provide a broad statement
of TYC's responsibilities in delivering general rehabilitative pro-
gramming. Details regarding specific educational programming
and service delivery are addressed in TYC's program operations
manuals and are not appropriate for inclusion in this rule. How-
ever, to ensure the rule conveys that TYC will provide individual
assistance to youth requiring special education services, sub-
section (c)(7) of the adopted text has been amended to reflect
that appropriate individual supports will be provided as part of
the education program.
87.3.
Comment: The rule should include provisions to address when a
youth has not completed an assigned specialized treatment pro-
gram because TYC lacks the capacity for the youth to complete
the program and also should include special provisions for youth
with disabilities.
Response: TYC has published a separate rule, 37 TAC 87.51,
that addresses the requirements for certain youth to participate
in or complete specialized treatment. That rule allows for desig-
nated administrators to waive the completion requirement when
a youth's medical, mental health, or mental retardation condi-
tion prevents participation in the program. Section 87.51 also
requires each youth's individual circumstances to be considered
when assigning specialized programming, which may include
the youth's ability to complete specialized programming in the
time remaining on his/her minimum length of stay. No changes
were made to the proposed text as a result of the comment.
Comment: The rule should include policies and procedures
that are specific to appropriate accommodations for the special
needs of youth with mental illness, significant cognitive impair-
ments or other disabilities that may impair a youth's ability to
comply with the stated objectives. Without certain accommo-
dations, many youth with disabilities may not be able to pass
through the various stages listed in the rule.
Response: All elements of the rehabilitation program are
designed to be individualized and to take into account each
youth's abilities. To clarify this requirement, subsection (e)(2) ofthe adopted text has been amended to reflect that the youth's
individual abilities are a significant factor considered by the
youth's treatment team when determining progress through
the program stages. Specific procedures relating to identified
mental illnesses and significant cognitive impairments are better
addressed in TYC's program operations manuals. No changes
were made to the proposed text as a result of the comment.
Comment: The proposed rule should require the multi-dis-
ciplinary team (MDT) to be responsible for determining the
reasonable accommodations that a youth with disabilities would
need in order to successfully complete the program. If the MDT
does not possess the expertise in determining the accommo-
dations for a youth, there must be a process where a qualified
expert is consulted in arriving at the accommodations for a
youth with disabilities.
Response: The composition of the MDT is addressed in TYC's
program operations manuals. The MDT is designed to include
input from subject matter experts in all relevant areas. However,
to clarify the responsibility for ensuring that appropriate exper-
tise is included, subsection (g)(1) of the adopted text has been
amended to require the youth's case manager to contact addi-
tional professional resources for assistance in formulating strate-
gies to assist the youth to progress.
Comment: The rule should state that a youth may appeal the re-
sults of a stage assessment if the youth believes that his or her
lack of progress was due to the failure to provide accommoda-
tions for his or her disability.
Response: The proposed rule text allows a youth to appeal a
stage assessment for any reason, including a youth's belief that
his/her disability has not been appropriately accommodated. No
changes were made to the proposed text as a result of the com-
ment.
87.51.
Comment: As an accommodation, certain requirements of a
specialized treatment program should be revised or waived be-
cause a youth may not be able to complete them because of
his/her disability.
Response: A core principle of all TYC programs is that goals
and expectations are individualized based on the youth's unique
abilities, needs, and strengths. Due to the highly individualized
nature of TYC programming, revisions or waivers for pre-set
achievement levels should not be necessary. For cases where
the program cannot be adequately tailored to the youth's abil-
ities, the proposed rule includes a provision which allows for
waivers of the requirement to complete an assigned specialized
treatment program when the youth's medical, mental health, or
mental retardation condition prevents the youth from participat-
ing in the program. It should also be noted that the proposed rule
no longer makes completion of specialized treatment a manda-
tory requirement for certain youth. Participation or completion is
only required if the specialized treatment program is assigned.
There is no completion requirement for treatment that is not as-
signed. For specialized treatment that is assigned, the rule pro-
vides for continuation of treatment in community settings in cer-
tain situations. No changes were made to the proposed text as
a result of the comment.
SUBCHAPTER A. PROGRAM PLANNING
37 TAC 87.1 - 87.334 TexReg 5544 August 14, 2009
Texas Register
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Texas. Secretary of State. Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009, periodical, August 14, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90865/m1/97/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.