FUNDING FOR NONEDUCATIONAL SERVICES

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FUNDING FOR NONEDUCATIONAL SERVICES

Authorities: 34 Code of Federal Regulations (CFR) Part 300; Texas Education Code (TEC)

 
 
 
  FEDERAL AND STATE REQUIREMENTS
 
NONEDUCATIONAL COMMUNITY-BASED SUPPORT SERVICES
Practice
The commissioner will adopt rules establishing procedures and criteria for the allocation of grants to eligible children with disabilities for the provision of noneducational community-based support services.  Citations:
TEC 29.013(a)
300.154(a)
Practice
A grant may be awarded only to a child with a disability who is placed by the child's admission, review, and dismissal committee in a residential program or a day placement program and is at risk of being placed in a residential program. Citations:
TEC 29.013(b)(1-2)
Practice
The local educational agency (LEA) will: Citations:
TEC 29.013(d)
300.154(b)
Practice

Notify the parent of a child with a disability of the availability of grants; and

 Citations:
TEC 29.013(d)(1)
300.154(b)
Practice

Designate a campus or district staff member to assist families of children with disabilities in accessing grants.

 Citations:
TEC 29.013(d)(2)
300.154(b)
Practice
The support services may not be related to the provision of a free appropriate public education (FAPE) to a child and may include in-home family support, behavioral and other disability-related supports for the child's family, respite care, and case management for the child's family. Citations:
TEC 29.013(c)
Practice

The provision of noneducational community-based support services does not supersede or limit the responsibility of the LEA or other agencies to provide or pay for costs to enable any child with a disability to receive FAPE in the least restrictive environment.

 Citations:
TEC 29.013(g)
 
NONEDUCATIONAL PUBLIC AGENCIES
Practice
The state will develop a mechanism, including state statute or regulation, or signed agreement between respective agency officials that clearly identifies the responsibilities of each agency relating to the provision of services, or other appropriate written materials, to ensure interagency coordination of services to provide FAPE to a child with a disability, including: Citations:
300.154(a)
300.154(c)
Practice
  • Identification of, or a method for defining, the financial responsibility of each agency for providing services;
 Citations:
300.154(a)(1)
Practice
  • Conditions, terms, and procedures under which the LEA must be reimbursed by other agencies;
 Citations:
300.154(a)(2)
Practice
  • Procedures for resolving interagency disputes to secure reimbursement from other agencies or otherwise implement the provisions of the agreement; and
 Citations:
300.154(a)(3)
Practice
  • Policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of services to ensure the provision of FAPE for a child with a disability.
 Citations:
300.154(a)(4)
Practice
The financial responsibility of each agency for providing services to ensure FAPE, including the state Medicaid agency and other public insurers of children with disabilities, must precede the financial responsibility of the LEA, or the state agency responsibility for developing a child's individualized education program (IEP). Citations:
300.154(a)
Practice
If a public agency other than an education agency is required to provide or pay for services that are also considered special education and related services, the public agency must fulfill that obligation either directly through contract or other arrangement consistent with this framework.
 Citations:
300.154(b)(1)(i)
Practice
A noneducational public agency may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context. Citations:
300.154(b)(1)(ii)
Practice

The Health and Human Services Commission will provide reimbursement to a provider under the school health and related services program for audiology services provided to a child who is eligible for the related services as described in the SUPPLEMENTARY AIDS AND SERVICES, SPECIAL EDUCATION, RELATED SERVICES framework.

 Citations:
TEC 38.034(b)
Practice
If a public agency other than an educational agency fails to provide or pay for special education and related services needed to ensure FAPE, the LEA, or state agency responsible for developing the child's IEP, must provide or pay for these services in a timely manner: Citations:
300.154(b)(2)
Practice
  • The LEA or state agency is authorized to claim reimbursement for the services from the noneducational public agency that failed to provide or pay for these services; and
 Citations:
300.154(b)(2)
Practice
  • The noneducational public agency must reimburse the LEA or state agency in accordance with the terms of the agreement or other mechanism developed by the state consistent with this framework.
 Citations:
300.154(b)(2)
  Last Updated : Thu, Jan 08, 2026