RESIDENTIAL PLACEMENTS  
 
Authorities:  Texas Education Code; 19 T.A.C. Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P Subject to the provisions of ADMISSION, REVIEW, AND DISMISSAL COMMITTEE and this framework, the local educational 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). 89.61(a)(2)

P  When making a residential placement, the LEA must: 89.61(a)(4)

P

P
  • Make an initial and an annual on-site visit to verify that the residential facility can, and will, provide the services listed in the child's IEP which the facility has agreed to provide to the child.
89.61(a)(4)(D)
89.61(a)(4)(E)
89.61(a)(4)(G)

P When the child who is residentially placed by the LEA changes residence to another Texas LEA, and the child continues in the contracted placement, the LEA which negotiated the contract must be responsible for the residential contract for the remainder of the school year. 89.61(a)(4)(H)

P The LEA may contract for an in-state residential placement of the child only with public or private residential facilities which maintain current and valid licensure for the particular disabling condition and age of the child. 89.61(a)(1)

P 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. TEC 29.008(d)

RESIDENTIAL APPLICATION PROCESS



P If the facility provides any educational services listed in the child's IEP, the facility's education program must be approved by the commissioner of education. 89.61(a)(2)

P The LEA which intends to contract for residential placement of the child with a residential facility under this framework must notify the Texas Education Agency (TEA) of its intent to contract for the residential placement through the residential application process. 89.61(a)(3)

P The LEA must comply with USE OF FUNDS FOR CONTRACT SERVICES INCLUDING RESIDENTIAL PLACEMENTS.

P Requests for approval of state and federal funding for residentially placed children must be negotiated on an individual basis through a residential application submitted by the LEA to the TEA. 89.61(b)

P A residential application may be submitted for educational purposes only. 89.61(b)(1)

P The residential application will not be approved if the application indicates that the: 89.61(b)(1)

P
  • Placement is due primarily to the child's medical problems;
89.61(b)(1)(A)

P
  • Placement is due primarily to problems in the child's home;
89.61(b)(1)(B)

P
  • The LEA does not have a plan, including timelines and criteria, for the child's return to the local school program;
89.61(b)(1)(C)

P
  • The LEA did not attempt to implement lesser restrictive placements prior to residential placement, except in emergency situations as documented by the child's admission, review, and dismissal committee;
89.61(b)(1)(D)

P
  • Placement is not cost effective when compared with other alternative placements; and/or
89.61(b)(1)(E)

P
  • Residential facility provides unfundable/unapprovable services.
89.61(b)(1)(F)

RESIDENTIAL APPROVAL PROCESS



P Residential facilities which provide educational services must have their educational programs approved for contracting purposes by the commissioner of education. 89.61(c)

P

If the education program of a residential facility which is not approved by the commissioner of education is being considered for a residential placement by the LEA, the LEA should notify the TEA in writing of its intent to place the child at the facility.

89.61(c)(1)

P

The TEA will begin approval procedures and conduct an on-site visit to the facility within 30 calendar days after the TEA has been notified by the LEA.

89.61(c)(1)

P

Approval of the education program of a residential facility may be for one, two, or three years.

89.61(c)(1)

P The commissioner of education will renew approvals and issue new approvals only for those facilities which have contract children already placed or which have a pending request for residential placement from the LEA. 89.61(c)(2)

P

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

89.61(c)(2)

OUT-OF-STATE RESIDENTIAL PLACEMENT



P

The LEA may contract for an out-of-state residential placement in accordance with this framework.

89.61(a)(1)

P The LEAs which contract for an out-of-state residential placement must do so in accordance with the rules for in-state residential placement in this framework, except that the facility must be approved by the appropriate agency in the state in which the facility is located, rather than by the commissioner of education in Texas. 89.61(c)(3)

 
 
Last Updated: Thursday, September 24, 2015