PLACEMENT IN A RESIDENTIAL FACILITY

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PLACEMENT IN A RESIDENTIAL FACILITY

Authorities:  Texas Education Code; 19 TAC Chapter 89

 
 
 
  FEDERAL AND STATE REQUIREMENTS
Practice
Subject to the provisions of the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE frameworks, including the LEAST RESTRICTIVE ENVIRONMENT framework, and this framework, the local education agency (LEA) may contract with a residential facility to provide some or all of the special education services listed in the contracted child's individualized education program (IEP).
 Citations:
89.1092(a)(2)
Practice
The LEA must comply with the USE OF FUNDS FOR CONTRACT SERVICES INCLUDING RESIDENTIAL PLACEMENTS framework.
Practice
If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, must be at no cost to the parent of the child.
Citations:
89.1092(a)
300.104
 
TEXAS EDUCATION AGENCY (TEA) APPROVAL OF FACILITY REQUIRED
Practice

If the residential facility provides any educational services listed in the child's IEP, the facility's education program must be approved by TEA.

 Citations:
89.1092(a)(2)
89.1092(b)(1)
89.1092(b)(2)
89.1092(b)(3)
89.1092(c)
89.1092(d)
Practice
  • If the education program of a residential facility that is not approved by TEA is being considered by an LEA, the LEA should notify TEA in writing of its intent to place a child at the facility, so that TEA may begin approval procedures.
 Citations:
89.1092(b)
89.1092(d)(1)
Practice
  • For out-of-state residential facilities, the facility must be approved by the appropriate agency in the state in which the facility is located, and the LEA must follow the TEA application process.
 Citations:
89.1092(d)(3)
Practice
If the residential education program is not on the commissioner's list of approved residential education programs, TEA will begin the approval process. Citations:
89.1092(b)(2)
Practice

The approval does not apply to residential facilities that only provide related services or residential facilities in which the accredited LEA where the facility is located provides the educational program.

 Citations:
89.1092(d)(2)
 
ADMISSION, REVIEW, AND DISMISSAL (ARD) COMMITTEE DETERMINATION OF RESIDENTIAL PLACEMENT
Practice
When the ARD committee determines that a residential placement is necessary in order for the child to receive a free appropriate public education, the ARD committee must: Citations:
89.1092(a)
89.1092(a)(4)(A)
Document
  • List the services in the child's IEP that the LEA is unable to provide and that the facility will provide;
 Citations:
89.1092(a)(4)(B)
Document
  • Establish, in writing, criteria and estimated timelines for the child's return to the LEA;
 Citations:
89.1092(a)(4)(C)
Document
  • Document in the child's IEP the appropriateness of the facility for the individual child; and
 Citations:
89.1092(a)(4)(D)
Practice
  • Verify during the initial residential placement ARD committee meeting and each annual ARD committee meeting that:
 Citations:
89.1092(a)(4)(F)
Practice
    • The facility meets minimum standards for health and safety;
 Citations:
89.1092(a)(4)(F)(i)
Practice
    • The residential placement is needed and is documented in the IEP; and
 Citations:
89.1092(a)(4)(F)(ii)
Practice
    • The educational program provided at the residential facility is appropriate and the placement is the least restrictive environment for the child.
 Citations:
89.1092(a)(4)(F)(iii)
Practice
Within 30 calendar days from an ARD committee's decision to place a child in a residential education program, the LEA must electronically submit to TEA notice of and information regarding placement in accordance with submission procedures specified by TEA. Citations:
89.1092(b)
 
TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED (TSBVI) AND TEXAS SCHOOL FOR THE DEAF (TSD)
Practice
When placing the child at the TSBVI or the TSD, the ARD committee must include in the child's IEP: Citations:
89.1085(c)
Document
  • Those services which the TSBVI or the TSD can appropriately provide; and
 Citations:
89.1085(c)(1)
Document
  • The criteria and estimated timelines for returning the child to the resident LEA.
 Citations:
89.1085(c)(3)
Practice
When placing the child at the TSBVI or the TSD, the LEA may make an on-site visit to verify that the TSBVI or the TSD can and will offer the services listed in the child's IEP and to ensure that the school offers an appropriate educational program for the child.
Citations:
89.1085(c)(2)
 
REPORTING AND RESPONSIBILITY
Practice
An approved facility, institution, or agency with whom the LEA contracts must periodically report to the LEA on the services the child has received or will receive in accordance with the contract as well as diagnostic or other evaluative information that the LEA requires in order to fulfill its obligations under the Individuals with Disabilities Education Act. Citations:
TEC 29.008(d)
Practice
The LEA must make one announced initial visit and two subsequent onsite visits annually, one announced and one unannounced, onsite to verify that the residential facility can, and will, provide the services listed in the child's IEP that the facility has agree to provide to the child. Citations:
89.1092(a)(4)(E)
89.1092(a)(4)(G)
  Last Updated : Tue, May 17, 2022