RESIDENTIAL FACILITY WITHIN A DISTRICT

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
    (1) The responsibilities of LEAs and RFs related to the provision of a FAPE to students with disabilities who reside in RFs are established as follows.      
       (A) LEAs must provide or ensure the provision of a FAPE to students with disabilities residing in RFs in accordance with IDEA, applicable federal regulations, and state laws and rules.        
          (i) Except as provided in paragraph (2) of this subsection, an LEA must provide or ensure the provision of a FAPE for a student with a disability residing in an RF located in the geographical area served by that LEA.        
          (ii) If an LEA places a student with a disability in an RF for educational purposes, the placing LEA must provide or ensure the provision of a FAPE to the student.      
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

Texas Education Code § 29.012. Residential Facilities.   

. . . 
(c)  For purposes of enrollment in a school, a person who resides in a residential facility is considered a resident of the school district or geographical area served by the open-enrollment charter school in which the facility is located.
. . . 

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
    (1) The responsibilities of LEAs and RFs related to the provision of a FAPE to students with disabilities who reside in RFs are established as follows.      
. . .     
       (B) Not later than the third day after the date a person 22 years of age or younger is placed in an RF, the RF must provide notification in accordance with TEC, §29.012(a), as follows:
          (i) if the person placed in the RF is three years of age or older, the RF must notify the LEA in which the RF is located, unless the RF is an open-enrollment charter school or the RF has been designated as an LEA (e.g., TYC correctional facilities, Texas School for the Deaf, the University of Texas Medical Branch); or        
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

Texas Education Code § 29.012. Residential Facilities.   

(a)  Except as provided by Subsection (b)(2), not later than the third day after the date a person 22 years of age or younger is placed in a residential facility, the residential facility shall:
(1)  if the person is three years of age or older, notify the school district in which the facility is located, unless the facility is an open-enrollment charter school;  or

Texas Education Code § 29.012. Residential Facilities.   

. . . 
(f)  Except as provided by Subsection (g), a residential facility shall provide to a school district or open-enrollment charter school that provides educational services to a student placed in the facility any information retained by the facility relating to:
(1)  the student's school records, including records regarding:
(A)  special education eligibility or services;
(B)  behavioral intervention plans;
(C)  school-related disciplinary actions; and
(D)  other documents related to the student's educational needs;
(2)  any other behavioral history information regarding the student that is not confidential under another provision of law; and
(3)  the student's record of convictions or the student's probation, community supervision, or parole status, as provided to the facility by a law enforcement agency, local juvenile probation department or juvenile parole office, community supervision and corrections department, or parole office, if the information is needed to provide educational services to the student.

Texas Education Code § 29.012. Residential Facilities.   

. . . 

Texas Education Code § 29.012. Residential Facilities.   

. . . 
(f)  Except as provided by Subsection (g), a residential facility shall provide to a school district or open-enrollment charter school that provides educational services to a student placed in the facility any information retained by the facility relating to:
(1)  the student's school records, including records regarding:
(A)  special education eligibility or services;
(B)  behavioral intervention plans;
(C)  school-related disciplinary actions; and
(D)  other documents related to the student's educational needs;
. . . 


Last Amended: 85th Leg., R.S., Ch. 764 (S.B. 2080), Sec. 1, eff. June 12, 2017.
 85th Leg., R.S., Ch. 1026 (H.B. 1569), Sec. 1, eff. June 15, 2017.
 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 3, eff. September 1, 2019.

Texas Education Code § 29.012. Residential Facilities.   

. . . 
(f)  Except as provided by Subsection (g), a residential facility shall provide to a school district or open-enrollment charter school that provides educational services to a student placed in the facility any information retained by the facility relating to:
. . . 
 (2)  any other behavioral history information regarding the student that is not confidential under another provision of law; and
. . . 

Texas Education Code § 29.012. Residential Facilities.   

. . . 
(f)  Except as provided by Subsection (g), a residential facility shall provide to a school district or open-enrollment charter school that provides educational services to a student placed in the facility any information retained by the facility relating to:
. . . 
(3)  the student's record of convictions or the student's probation, community supervision, or parole status, as provided to the facility by a law enforcement agency, local juvenile probation department or juvenile parole office, community supervision and corrections department, or parole office, if the information is needed to provide educational services to the student. 

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
       (A) The parties will require LEAs and RFs to:        
          (i) share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to a student with a disability. This subsection does not authorize the LEA to modify requirements for admission and enrollment into an LEA as set forth in TEC, Chapter 25. The records and information to be shared may include, but are not limited to:          
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
       (A) The parties will require LEAs and RFs to:        
          (i) share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to a student with a disability. This subsection does not authorize the LEA to modify requirements for admission and enrollment into an LEA as set forth in TEC, Chapter 25. The records and information to be shared may include, but are not limited to:          
             (I) birth certificate or other identifying document that proves the student's age;          
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . .
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
      (A) The parties will require LEAs and RFs to:        
          (i) share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to a student with a disability. This subsection does not authorize the LEA to modify requirements for admission and enrollment into an LEA as set forth in TEC, Chapter 25. The records and information to be shared may include, but are not limited to:          
. . .         
             (II) medical history and medical records, including current immunization records and a history of infectious disease (e.g., Hepatitis B, tuberculosis), including a description of any behavioral characteristics related to the transmission of such disease;          
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851 
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
       (A) The parties will require LEAs and RFs to:        
          (i) share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to a student with a disability. This subsection does not authorize the LEA to modify requirements for admission and enrollment into an LEA as set forth in TEC, Chapter 25. The records and information to be shared may include, but are not limited to:          
. . .         
             (III) social history;          
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
       (A) The parties will require LEAs and RFs to:        
          (i) share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to a student with a disability. This subsection does not authorize the LEA to modify requirements for admission and enrollment into an LEA as set forth in TEC, Chapter 25. The records and information to be shared may include, but are not limited to:          
. . .           
             (IV) vision and hearing screening and evaluation;          
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
       (A) The parties will require LEAs and RFs to:        
          (i) share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to a student with a disability. This subsection does not authorize the LEA to modify requirements for admission and enrollment into an LEA as set forth in TEC, Chapter 25. The records and information to be shared may include, but are not limited to:          
. . .           
             (V) evaluation reports, including psychological, educational, related service, assistive technology and vocational evaluations, and behavioral assessments;          
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851  
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
       (A) The parties will require LEAs and RFs to:        
          (i) share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to a student with a disability. This subsection does not authorize the LEA to modify requirements for admission and enrollment into an LEA as set forth in TEC, Chapter 25. The records and information to be shared may include, but are not limited to:          
. . .           
             (VI) treatment plan of care or service;          
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851  
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
       (A) The parties will require LEAs and RFs to:        
          (i) share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to a student with a disability. This subsection does not authorize the LEA to modify requirements for admission and enrollment into an LEA as set forth in TEC, Chapter 25. The records and information to be shared may include, but are not limited to:          
. . .          
             (VII) educational history (e.g., previous educational placement information);  
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
       (A) The parties will require LEAs and RFs to:        
          (i) share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to a student with a disability. This subsection does not authorize the LEA to modify requirements for admission and enrollment into an LEA as set forth in TEC, Chapter 25. The records and information to be shared may include, but are not limited to:          
. . .  
           (VIII) any relevant court orders (e.g., orders related to placement in an RF, guardianship or conservatorship, or court-ordered services);          
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
       (A) The parties will require LEAs and RFs to:        
          (i) share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to a student with a disability. This subsection does not authorize the LEA to modify requirements for admission and enrollment into an LEA as set forth in TEC, Chapter 25. The records and information to be shared may include, but are not limited to:          
. . .          
             (IX) information regarding a student's movement from an RF to a subsequent residence, including but not limited to the date the student left the RF and the location of the student's subsequent residence; and          
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851  
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
       (A) The parties will require LEAs and RFs to:        
          (i) share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to a student with a disability. This subsection does not authorize the LEA to modify requirements for admission and enrollment into an LEA as set forth in TEC, Chapter 25. The records and information to be shared may include, but are not limited to:          
. . .          
             (X) name and phone number of contact persons representing the RF and the LEA; and
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . .     
    (3) Criteria for determining when a public school will provide educational services are established as follows.      
       (A) TEA will ensure that the local school district provides a FAPE to all eligible students with disabilities, in the least restrictive environment (LRE), to the maximum extent appropriate, to meet the individual educational needs of the student as determined by a duly-constituted admission, review, and dismissal (ARD) committee, and in accordance with §89.1001 of this title (relating to Scope and Applicability).      
. . . 

Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU
The parties agree to the following terms:    
. . . 
    (3) Criteria for determining when a public school will provide educational services are established as follows.      
. . .   
       (B) The student's ARD committee must determine the appropriate educational placement for the student, considering all available information regarding the educational needs of the student, and including the non-educational needs that may restrict the ability of the LEA to serve the student on a public school campus or other instructional setting. These non-educational needs could include the student's health and safety (e.g. substance abuse), and/or the student's placement in a restrictive RF program (e.g., juvenile incarceration or restrictive court-ordered placements). The ARD committee's determination must be individualized based on student need and not made on a categorical basis, such as the student's disability or residence in an RF. Further, ARD committees must not determine educational placement on the basis of what is most convenient to LEAs or RFs.    
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU
The parties agree to the following terms:    
. . . 
    (3) Criteria for determining when a public school will provide educational services are established as follows.      
. . .   
       (B) The student's ARD committee must determine the appropriate educational placement for the student, considering all available information regarding the educational needs of the student, and including the non-educational needs that may restrict the ability of the LEA to serve the student on a public school campus or other instructional setting. These non-educational needs could include the student's health and safety (e.g. substance abuse), and/or the student's placement in a restrictive RF program (e.g., juvenile incarceration or restrictive court-ordered placements). The ARD committee's determination must be individualized based on student need and not made on a categorical basis, such as the student's disability or residence in an RF. Further, ARD committees must not determine educational placement on the basis of what is most convenient to LEAs or RFs.    
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU
The parties agree to the following terms:    
. . . 
    (3) Criteria for determining when a public school will provide educational services are established as follows.      
. . .   
       (B) The student's ARD committee must determine the appropriate educational placement for the student, considering all available information regarding the educational needs of the student, and including the non-educational needs that may restrict the ability of the LEA to serve the student on a public school campus or other instructional setting. These non-educational needs could include the student's health and safety (e.g. substance abuse), and/or the student's placement in a restrictive RF program (e.g., juvenile incarceration or restrictive court-ordered placements). The ARD committee's determination must be individualized based on student need and not made on a categorical basis, such as the student's disability or residence in an RF. Further, ARD committees must not determine educational placement on the basis of what is most convenient to LEAs or RFs.    
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU
The parties agree to the following terms:    
. . . 
    (3) Criteria for determining when a public school will provide educational services are established as follows.      
. . .   
       (B) The student's ARD committee must determine the appropriate educational placement for the student, considering all available information regarding the educational needs of the student, and including the non-educational needs that may restrict the ability of the LEA to serve the student on a public school campus or other instructional setting. These non-educational needs could include the student's health and safety (e.g. substance abuse), and/or the student's placement in a restrictive RF program (e.g., juvenile incarceration or restrictive court-ordered placements). The ARD committee's determination must be individualized based on student need and not made on a categorical basis, such as the student's disability or residence in an RF. Further, ARD committees must not determine educational placement on the basis of what is most convenient to LEAs or RFs.    
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU
The parties agree to the following terms:    
. . . 
    (3) Criteria for determining when a public school will provide educational services are established as follows.      
. . .   
       (B) The student's ARD committee must determine the appropriate educational placement for the student, considering all available information regarding the educational needs of the student, and including the non-educational needs that may restrict the ability of the LEA to serve the student on a public school campus or other instructional setting. These non-educational needs could include the student's health and safety (e.g. substance abuse), and/or the student's placement in a restrictive RF program (e.g., juvenile incarceration or restrictive court-ordered placements). The ARD committee's determination must be individualized based on student need and not made on a categorical basis, such as the student's disability or residence in an RF. Further, ARD committees must not determine educational placement on the basis of what is most convenient to LEAs or RFs.    
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU
The parties agree to the following terms:    
. . . 
    (3) Criteria for determining when a public school will provide educational services are established as follows.      
. . .   
       (B) The student's ARD committee must determine the appropriate educational placement for the student, considering all available information regarding the educational needs of the student, and including the non-educational needs that may restrict the ability of the LEA to serve the student on a public school campus or other instructional setting. These non-educational needs could include the student's health and safety (e.g. substance abuse), and/or the student's placement in a restrictive RF program (e.g., juvenile incarceration or restrictive court-ordered placements). The ARD committee's determination must be individualized based on student need and not made on a categorical basis, such as the student's disability or residence in an RF. Further, ARD committees must not determine educational placement on the basis of what is most convenient to LEAs or RFs.    
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU
The parties agree to the following terms:    
. . . 
    (3) Criteria for determining when a public school will provide educational services are established as follows.      
. . .   
       (B) The student's ARD committee must determine the appropriate educational placement for the student, considering all available information regarding the educational needs of the student, and including the non-educational needs that may restrict the ability of the LEA to serve the student on a public school campus or other instructional setting. These non-educational needs could include the student's health and safety (e.g. substance abuse), and/or the student's placement in a restrictive RF program (e.g., juvenile incarceration or restrictive court-ordered placements). The ARD committee's determination must be individualized based on student need and not made on a categorical basis, such as the student's disability or residence in an RF. Further, ARD committees must not determine educational placement on the basis of what is most convenient to LEAs or RFs.    
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU
The parties agree to the following terms:    
. . . 
    (3) Criteria for determining when a public school will provide educational services are established as follows.      
. . .   
       (B) The student's ARD committee must determine the appropriate educational placement for the student, considering all available information regarding the educational needs of the student, and including the non-educational needs that may restrict the ability of the LEA to serve the student on a public school campus or other instructional setting. These non-educational needs could include the student's health and safety (e.g. substance abuse), and/or the student's placement in a restrictive RF program (e.g., juvenile incarceration or restrictive court-ordered placements). The ARD committee's determination must be individualized based on student need and not made on a categorical basis, such as the student's disability or residence in an RF. Further, ARD committees must not determine educational placement on the basis of what is most convenient to LEAs or RFs.    
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU
The parties agree to the following terms:    
. . . 
    (4) When educational services will be provided at an RF, appropriate educational space will be determined as follows.      
       (A) The ARD committee must determine whether space available at the RF is appropriate for the provision of a FAPE. This determination must be based on the individual student's needs and the RF's available space.      
       (B) An ARD committee must find alternative locations for providing educational services if the ARD committee or RF determines that the RF has no appropriate available space.    
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU
The parties agree to the following terms:    
. . . 
    (4) When educational services will be provided at an RF, appropriate educational space will be determined as follows.      
       (A) The ARD committee must determine whether space available at the RF is appropriate for the provision of a FAPE. This determination must be based on the individual student's needs and the RF's available space.      
       (B) An ARD committee must find alternative locations for providing educational services if the ARD committee or RF determines that the RF has no appropriate available space.    
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU
The parties agree to the following terms:    
. . . 
    (4) When educational services will be provided at an RF, appropriate educational space will be determined as follows.      
       (A) The ARD committee must determine whether space available at the RF is appropriate for the provision of a FAPE. This determination must be based on the individual student's needs and the RF's available space.      
       (B) An ARD committee must find alternative locations for providing educational services if the ARD committee or RF determines that the RF has no appropriate available space.    
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
       (A) The parties will require LEAs and RFs to:        
. . . 
          (ii) coordinate a student's individualized education program (IEP) and treatment plan of care or service. Coordination between an LEA and RF includes but is not limited to communication about responsibilities and timelines related to the development and implementation of the IEP and treatment plan, including permanency planning.      
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
. . .   
       (B) TEA will require LEAs to provide:        
          (i) the name and phone number of the contact person representing the RF to the surrogate parent, upon assignment of the surrogate parent;        
          (ii) the name and phone number of the surrogate parent, upon assignment of the surrogate parent, to the contact person representing the RF; and        
          (iii) designation and training of surrogate parents in accordance with §89.1047 of this title (relating to Procedures for Surrogate and Foster Parents).      
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851  
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
. . .   
       (B) TEA will require LEAs to provide:        
          (i) the name and phone number of the contact person representing the RF to the surrogate parent, upon assignment of the surrogate parent;        
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
   . . . 
       (B) TEA will require LEAs to provide:        
. . .        
          (ii) the name and phone number of the surrogate parent, upon assignment of the surrogate parent, to the contact person representing the RF; and        
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . . 
    (2) Regulatory and planning functions of the parties are coordinated as follows.      
. . .    
       (B) TEA will require LEAs to provide:        
. . .        
          (iii) designation and training of surrogate parents in accordance with §89.1047 of this title (relating to Procedures for Surrogate and Foster Parents).      
. . . 
 

Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
. . .     
    (5) Measures designed to ensure the safety of students and teachers are established as follows.      
       (A) The parties will require RFs and LEAs to agree in writing to the staffing levels that will be maintained by both the RF and the LEA to ensure the safety of students and teachers while educational services are provided at an RF.        
       (B) TYC, TJPC, and HHS agencies will require RFs to communicate to LEA staff applicable safety, emergency, and security procedures to be followed while educational services are provided at an RF.    
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
    . . . 
    (6) Disputes concerning the implementation of this MOU will be resolved as follows.      
     (A) Local disputes 
Resolution of disputes concerning implementation of this MOU between LEAs or between an LEA and an RF shall first be attempted at the local level. The specific issues involved in the dispute and possible solutions shall be identified and referred to local personnel authorized to make decisions necessary to resolve the dispute. If resolution is not reached after a reasonable period of time (not to exceed 45 calendar days unless the disputing entities agree otherwise), the LEA shall refer (and the RF may refer) the dispute to TEA for further negotiations toward a mutually agreeable resolution. TEA will contact the disputing entities and set up a meeting for this purpose. Local entities referring disputes to TEA shall identify:        
          (i) the nature of the dispute;        
          (ii) any resolutions agreed upon;        
          (iii) the issues that remain unresolved; and        
          (iv) the contact persons representing the disputing entities.      
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851 
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
    . . . 
    (6) Disputes concerning the implementation of this MOU will be resolved as follows.      
     (A) Local disputes 
Resolution of disputes concerning implementation of this MOU between LEAs or between an LEA and an RF shall first be attempted at the local level. The specific issues involved in the dispute and possible solutions shall be identified and referred to local personnel authorized to make decisions necessary to resolve the dispute. If resolution is not reached after a reasonable period of time (not to exceed 45 calendar days unless the disputing entities agree otherwise), the LEA shall refer (and the RF may refer) the dispute to TEA for further negotiations toward a mutually agreeable resolution. TEA will contact the disputing entities and set up a meeting for this purpose. Local entities referring disputes to TEA shall identify:        
          (i) the nature of the dispute;        
          (ii) any resolutions agreed upon;        
          (iii) the issues that remain unresolved; and        
          (iv) the contact persons representing the disputing entities.      
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851 
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
    . . . 
    (6) Disputes concerning the implementation of this MOU will be resolved as follows.      
     (A) Local disputes 
Resolution of disputes concerning implementation of this MOU between LEAs or between an LEA and an RF shall first be attempted at the local level. The specific issues involved in the dispute and possible solutions shall be identified and referred to local personnel authorized to make decisions necessary to resolve the dispute. If resolution is not reached after a reasonable period of time (not to exceed 45 calendar days unless the disputing entities agree otherwise), the LEA shall refer (and the RF may refer) the dispute to TEA for further negotiations toward a mutually agreeable resolution. TEA will contact the disputing entities and set up a meeting for this purpose. Local entities referring disputes to TEA shall identify:        
          (i) the nature of the dispute;        
          (ii) any resolutions agreed upon;        
          (iii) the issues that remain unresolved; and        
          (iv) the contact persons representing the disputing entities.      
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851 
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
    . . . 
    (6) Disputes concerning the implementation of this MOU will be resolved as follows.      
(A) Local disputes 
Resolution of disputes concerning implementation of this MOU between LEAs or between an LEA and an RF shall first be attempted at the local level. The specific issues involved in the dispute and possible solutions shall be identified and referred to local personnel authorized to make decisions necessary to resolve the dispute. If resolution is not reached after a reasonable period of time (not to exceed 45 calendar days unless the disputing entities agree otherwise), the LEA shall refer (and the RF may refer) the dispute to TEA for further negotiations toward a mutually agreeable resolution. TEA will contact the disputing entities and set up a meeting for this purpose. Local entities referring disputes to TEA shall identify:        
(i) the nature of the dispute;        
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851 
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
    . . . 
    (6) Disputes concerning the implementation of this MOU will be resolved as follows.      
     (A) Local disputes 
Resolution of disputes concerning implementation of this MOU between LEAs or between an LEA and an RF shall first be attempted at the local level. The specific issues involved in the dispute and possible solutions shall be identified and referred to local personnel authorized to make decisions necessary to resolve the dispute. If resolution is not reached after a reasonable period of time (not to exceed 45 calendar days unless the disputing entities agree otherwise), the LEA shall refer (and the RF may refer) the dispute to TEA for further negotiations toward a mutually agreeable resolution. TEA will contact the disputing entities and set up a meeting for this purpose. Local entities referring disputes to TEA shall identify:        
. . .        
           (ii) any resolutions agreed upon;        
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851 
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
    . . . 
    (6) Disputes concerning the implementation of this MOU will be resolved as follows.      
     (A) Local disputes 
Resolution of disputes concerning implementation of this MOU between LEAs or between an LEA and an RF shall first be attempted at the local level. The specific issues involved in the dispute and possible solutions shall be identified and referred to local personnel authorized to make decisions necessary to resolve the dispute. If resolution is not reached after a reasonable period of time (not to exceed 45 calendar days unless the disputing entities agree otherwise), the LEA shall refer (and the RF may refer) the dispute to TEA for further negotiations toward a mutually agreeable resolution. TEA will contact the disputing entities and set up a meeting for this purpose. Local entities referring disputes to TEA shall identify:        
. . .        
           (iii) the issues that remain unresolved; and        
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851 
Entered: June 11, 2009

19 Texas Administrative Code § 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. 

. . . 
(d) Terms of MOU 
The parties agree to the following terms:    
    . . . 
    (6) Disputes concerning the implementation of this MOU will be resolved as follows.      
     (A) Local disputes 
Resolution of disputes concerning implementation of this MOU between LEAs or between an LEA and an RF shall first be attempted at the local level. The specific issues involved in the dispute and possible solutions shall be identified and referred to local personnel authorized to make decisions necessary to resolve the dispute. If resolution is not reached after a reasonable period of time (not to exceed 45 calendar days unless the disputing entities agree otherwise), the LEA shall refer (and the RF may refer) the dispute to TEA for further negotiations toward a mutually agreeable resolution. TEA will contact the disputing entities and set up a meeting for this purpose. Local entities referring disputes to TEA shall identify:        
. . .        
           (iv) the contact persons representing the disputing entities.      
. . . 


Last Amended: August 6, 2002, 27 TexReg 6851 
Entered: June 11, 2009

Special Education in Residential Facilities (TEA)

OSEP/OSERS Dear Colleague Letter (December 5, 2014)