Residential Facility
What is Required
The District must provide a residential placement to a student with disabilities at no cost to the parents if the ARD Committee determines that such placement is necessary for the student to receive FAPE. District Special Education Administration may contract with a residential facility to provide some or all of the special education services listed in a student’s IEP if the student cannot obtain an educational benefit in a less restrictive setting. See [ADMISSION, REVIEW AND DISMISSAL COMMITTEE] and [LEAST RESTRICTIVE ENVIRONMENT].
When the ARD Committee determines that a residential placement is necessary for FAPE, the ARD Committee must list the services in the IEP which the District is unable to provide and which the residential facility will provide, document the appropriateness of the facility, and verify during the initial ARD meeting and each subsequent annual ARD meeting that the facility meets minimum standards for health and safety, is needed, appropriate, and the LRE for the student. The ARD Committee must also establish, in writing, criteria and estimated timelines for the student’s return to the District.
When making a residential placement, the District must comply with the use of funds for contract services requirements of the law. See [USE OF FUNDS FOR CONTRACT SERVICES INCLUDING RESIDENTIAL PLACEMENTS]. In addition, Campus Special Education Personnel must make an initial and an annual on-site visit to verify that the residential facility can, and will, provide the services listed in the student’s IEP.
Texas School for the Blind and Visually Impaired (TSBVI) and Texas School for the Deaf (TSD)
Where appropriate based on the student’s disability, the ARD Committee may determine that placement at the TSBVI or TSD is necessary. The ARD Committee must include in the IEP the services that TSBVI or TSD can appropriately provide and the criteria and estimated timelines for the student’s return to the District. District Special Education Personnel may make an on-site visit to verify that TSBVI or TSD can and will offer the services listed in the student’s IEP and to ensure an appropriate educational program for the student can be offered.
In-State Versus Out-of-State Placements
The District may only enter into a contract with an in-state public or private residential placement that maintains current and valid licensure for the particular disabling condition and age of the student. The facility must be approved by the Texas Commissioner of Education. The same applies for out-of-state placements, so long as the facility is approved by the appropriate agency in the state in which the facility is located.
Residential Approval and Application Process
Residential facilities which provide educational services must have their educational programs approved for contracting purposes by the Commissioner of Education. Approval may be for one, two, or three years, as determined by the TEA. The Commissioner will renew approvals and issue new approvals only for those facilities which have students already placed or which have a pending request for approval from the District.
If a residential facility which has not been approved by the Commissioner of Education is being considered by the District, the District Special Education Administration will notify TEA in writing of its intent to place the student at the facility. TEA will begin the approval procedures and conduct an on-site visit within 30 calendar days after notification.
However, prior approval is not required where a residential facility is only to provide related services or where District or Campus Special Education Personnel are to provide the education services within the residential facility.
District Special Education Administration must submit an application to TEA to receive approval from the Texas Commissioner of Education prior to placing a student in a residential facility where the facility will provide educational services listed in the student’s IEP. A residential application may only be submitted for educational purposes.
Reporting and Responsibility
The residential facility must periodically report to District Special Education Administration regarding the services the student has received or will receive in accordance with the contract, as well as any diagnostic or other evaluative information that is required to fulfill the District’s obligations under the IDEA. In addition, District Special Education Personnel must make an initial and two subsequent onsite visits annually, one announced and one unannounced, to verify that the residential facility can, and will, provide the services listed in the student’s IEP that the facility has agreed to provide the student. If a student residentially placed by the ARD Committee changes residence to another Texas school district during the school year but remains in the residential facility, the District remains responsible for the residential contract for the remainder of the school year.
Additional Procedures
The ARD Committee will consider several different factors related to the student’s individual needs when determining if residential placement is needed, including, but not limited to:
The District’s efforts to provide special education services in a placement within the District, including the curriculum offered and the supplemental services provided;
The educational benefits of receiving services on a traditional campus versus the educational benefits of receiving services in a residential facility;
Any possible consequences, both for the individual student and for other students, of having the student educated in a placement within the District;
Any physical or mental conditions or behavioral challenges prohibiting the student from receiving FAPE in a placement within the District;
Any recommendations by evaluators or medical professionals in previous assessments related to residential placement; and
Whether the demand for residential placement is primarily to provide educational benefit.
District or Campus Special Education Personnel must communicate any potential placement at a residential facility to the District Special Education Administration prior to any final decision regarding the placement.
After the ARD Committee determines that a student needs a residential placement and the services and supports needed at the residential facility, the District will select the appropriate residential facility with input from the parent. The District Special Education Administrator(s) and/or designees will select the residential facility that is able to meet the needs of the student, in accordance with the student’s IEP, including ensuring that the residential facility can provide the services required in the child’s IEP and that the facility employs general education, special education, and related service personnel who are certified, endorsed, or licensed to meet the needs of the student in accordance with the student’s IEP. The Special Education Department will maintain a list of residential placement facilities approved by Texas Commissioner of Education in Texas and the services available at those facilities. The District Special Education Department will periodically send representatives of the District to visit all the residential facilities in Texas that are approved by the Texas Commissioner of Education to ensure that up to date information is available regarding the characteristics, services, cost, and available resources for the various residential facilities in Texas. During the visit, the District Special Education Personnel will gather the following information:
the special education services available at the facility for students;
the age, disabilities, and needs served by the facility;
the personnel at the facility, including the number, role, qualifications, certifications, endorsements, and/or licenses of each person;
the procedures the facility used regarding emergency behavior interventions
the instructional curriculum and interventions the facility uses;
the supervision or monitoring offered for the students throughout the day and night;
the cost; and
any and all certifications, approvals, and/or licenses held by the facility .
The District will ensure that any in-state facility that the District seeks to place a student maintains current and valid licensure and has been approved or is in the process of being approved by the Texas Commissioner of Education prior to determining that a student will be placed in the facility. The District will also ensure that any out-of-state facility in which the ARD Committee seeks to place the student maintains current and valid licensure and has been approved by the appropriate state agency in the state in which the facility is located. If an out of state residential facility is needed because there are no in-state facilities available to meet the needs of the student, the District Special Education Director will notify TEA in writing of its intent to place the student at the facility and request approval. The District will also send a representative to the out-of-state facility before recommending the facility to ensure that the specific needs of the child as identified in the student’s IEP can be met. District and Campus Administrators will receive annual training about placements in residential facilities. This training shall include information regarding the ARD Committee’s role in placing students in residential facilities, the various types of residential placements, the application process, and reporting and monitoring responsibilities.
Procurement Process for Residential Facility Contract
If a student with a disability needs a residential program to receive special education and related services as determined by the student’s ARD Committee, the District must provide that program, including non-medical care, room and board, education-related expenses, transportation to and from the residential facility, and travel expenses for visiting the student at no cost to the parents. After the District Special Education Administration determines the residential facility in which a student needs in accordance with the student’s IEP, the District will contract with the residential facility to provide the special education services and placement for the student.
Residential Application Process
District Special Education Administration will notify the TEA of its desire to contract with a residential facility through the residential application process for each individual student the District seeks to place in a residential facility. District Special Education Administration will also submit any request for approval of state and federal funding for residential placement through the residential application process.
District Special Education Administration will indicate the following in its request for approval:
Placement is not due primarily to the student’s medical problems;
Placement is not due primarily to problems in the student’s home;
The ARD Committee has established criteria and timelines for the student to return to District;
The ARD Committee has attempted to implement lesser restrictive placements prior to determining that this placement is necessary and appropriate, except in emergency situations as documented by the ARD Committee;
Placement in the residential facility is more cost effective than alternative placements considered; and
The residential facility does not provide unfundable/unapprovable services.
Reporting and Responsibility
District Special Education Administration will communicate with the residential facility at least once per nine weeks to ensure that the student has received or will receive the services outlined in the student’s IEP, gather all progress documentation for the student, and discuss any diagnostic or other evaluative information where necessary. The District Special Education Administration will also communicate with the residential facility and the parent regarding any need for an ARD Committee meeting to discuss any additions or revisions needed to the student’s IEP to address any lack of progress and/or current needs of the student. District Special Education Administration will also ensure that the residential facility is continuing to employ general education, special education, and related services personnel who are certified, endorsed, or licensed in the area of assignment and that it uses appropriate emergency behavioral interventions with the student that comply with state and federal requirements and meet the needs of the student in accordance with the student’s IEP.
In addition, District Special Education Personnel must make an initial and two subsequent onsite visits annually, one announced and one unannounced, to verify that the residential facility can, and will, provide the services listed in the student’s IEP that the facility has agreed to provide the student. During these visits, the District Special Education Personnel will review the student’s IEP with the residential facility personnel and obtain documentation verifying that all accommodations, services, modifications, goals and objectives, and other provisions of the student’s IEP have been provided.
District Special Education Administration will report all students placed in residential facilities to TEA through the Residential Facility Tracker by the end of the school year annually.
The District will maintain documentation requirements of compliance associated with Texas Student Data System (TSDS), Public Education Information Management System (PEIMS), and State Performance Plan (SPP). District staff will provide training, with follow up, to ensure the documentation required is in place and compliant.
Evidence of Implementation
ARD/IEP
Continuum of Alternative Placements Considered
List & Characteristics of Approved Residential Facilities
Documentation of Communication with Residential Facility
Documentation of Site Visits Prior to Placement
Residential Application
Approval of Residential Facility
Documentation of Services & Accommodations Provided by Residential Facility
Progress Documentation of Student’s Goals & Objectives
Residential Facility Tracker
Documentation for the state in TSDS, PEIMS, and SPP
Resources
Nonpublic Day and Residential Placement Notification and Application – (TEA)
Residential Facility Tracker - Texas Education Agency
Special Education in Residential Facilities - Texas Education Agency
OSEP Letter to Covall - U.S. Department of Education
Texas School for the Blind and Visually Impaired
Citations
Board Policy EHBAC; Texas Education Code 29.008(d); 19 TAC 89.61(a)-(c), 89.1085(c)