East Texas

By CASEY KNAUPP
Staff Writer

Superintendents from the eight Smith County school districts voiced concerns to judges Monday about the increased cost of sending student offenders to the county's Juvenile Justice Alternative Education Program - a price the school administrators say they can't afford.

The superintendents gave a presentation to the Smith County Juvenile Board, complaining that they can't pay the $203 per day per student fee to send disruptive students who should be placed there, so the delinquents are instead sitting in class with regular students.

The county implemented the Juvenile Justice Alternative Education Program (JJAEP) in 1996, after the state Legislature mandated it for students removed from classes because of criminal conduct.

Smith County district and county court-at-law judges said they are "poorly suited" to handle education matters, which should be left up to educators and agreed the superintendents should run the program instead of the judges.

The superintendents agreed to work with Juvenile Services Director Nelson Downing, Smith County Judge Joel Baker, Auditor Ann Wilson and County Court-at-Law No. 3 Judge Floyd Getz, who presides over juvenile cases, to come up with a proposal to present to the juvenile board for approval.

Dr. Randy Reid, Tyler Independent School District superintendent, delivered the presentation. Last summer, the superintendents received word that a "three-fold increase" would go into effect for discretionary children placed in the juvenile educational program. He said the schools haven't sent a single "discretionary student" to the program all year; only mandatory students have been sent.

Since the program's inception, lawmakers have widened the scope of what students can be sent to the program. Students who have committed one of seven violent felonies face mandatory expulsion from school and are sent to JJAEP, Downing said. The school district can choose which discretionary students, those who have committed a growing list that now includes the majority of felonies, to expel and send to JJAEP, Downing said, adding that there has to be a memorandum of understanding with the county on the cost per student and other guidelines.

Reid said the program's cost, raised from $75, would cost the districts $36,000 per school year - a price tag they simply can't afford. He said the second offer by the board to lower the cost to $150 a day is still too high.

The state helps pay $79 for the mandatory students and the county is stuck with the rest of the costs for those children, Downing said, adding that the program is a "money-losing operation."

School districts must pay for the discretionary students, he said.

Downing said the county can charge the districts the actual costs for each student but nothing more. He said the rates went up considerably since they were last adjusted 10 or more years ago and it now costs $203.47 per day per student.

Reid said the JJAEP also will not accept "serious and persistent" misbehavior students. He said he didn't think that was the right move because the districts can't expel the children to the streets so they are now sitting in the classrooms with the other children.

Downing said the serious and persistent kids have not committed any felony crimes and only have behavioral problems in class. He said the department is set up to handle only those who violate the law.

Reid said it has been very difficult for the superintendents to understand why Smith County is the only county in the state to raise its rates as high as it has. He said $125 was the maximum charged in any other county, a figure the judges said was inaccurate.

Ms. Wilson, the Smith County auditor, said the information provided to the superintendents was on a state-prescribed formula and the $203 price is the actual cost to operate the program for each child.

Reid said he didn't understand, then, why others operate on $125 per day per child.

But 321st District Judge Carole Clark cited a list from the Texas Juvenile Probation Commission, which stated actual costs for counties ranged from $69 for smaller counties to $224 per day per student for larger counties. She said those numbers are the actual costs, not necessarily what the counties are charging.

Judge Cynthia Stevens Kent, of the 114th District Court, said Reid's statement that Smith County was double or triple what other counties charge was not accurate.

Downing said he didn't know how other districts come up with their costs.

'POORLY SUITED'

Judge Kent said the judges have had a "serious and persistent objection" to the judges serving as a school board. She said they were "poorly suited" to do it and they've consistently struggled with the requirements.

She said other counties have a special board to take the issues away from the jurists. Judge Kent said it was an uncomfortable issue for the board and the superintendents and all the judges can do is rely on their experts to provide them with accurate information.

Judge Kent said she believed it was a "legislative error" and "education should be with educators."

Reid said he was disappointed they haven't had the conversation before with the judges.

Judge Kent apologized for their lack of communication with the school districts but she said she thought the superintendents could work with them to address the problems.

County Court-at-Law No. 2 Judge Randall Rogers said the obvious way would be to have one facility and all work together.

Now, all children from Smith County sent to the program report to the juvenile facility on Morningside Drive.

Judge Clark said TISD ran the school until a new law passed and the judges had to run the program. She said in every other county, the largest school district is responsible for running it.

Judge Kent said they were open to whatever they needed to do "to do the right thing." She suggested the group get together and come up with a proposal the Juvenile Board could approve before the start of the next school year.

They planned to discuss the issue further at the next Juvenile Board meeting, set for June 5.

Judge Jack Skeen Jr., of the 241st District Court, and County Court-at-Law Judge Tom Dunn also attended the meeting, along with the superintendents from the Tyler, Lindale, Chapel Hill, Bullard, Whitehouse, Arp, Troup and Winona independent school districts.