New Statutory Requirement for Educational Residential Placements: ARD Committee Expectations

• Texas Education Code (TEC) §29.0056 requires the Health and Human Services Commission to provide informational materials to the Texas Education Agency (TEA) related to educational residential placement options for students with disabilities who may qualify for placement in a State Supported Living Center (SSLC). TEA must in turn make these materials available to local educational agencies (LEAs), which must share them with a student's parent or guardian when residential placement is discussed during an Admission, Review, and Dismissal (ARD) committee meeting.   

• Although TEA is currently in the rulemaking process, the statute is already in effect, and LEAs are expected to comply with the requirement. The requirement applies each time residential placement is discussed in an ARD committee meeting and is not a one‑time obligation. LEAs have flexibility in how they document this discussion, provided the documentation is clearly identifiable within the student’s Individualized Education Program (IEP). 

The RFT is used to collect data for students with disabilities who reside in residential care and treatment facilities within the geographic boundaries or jurisdiction of a local education agency (LEA). This data is used to inform stakeholders, such as educators, parents, and legislators, about the effectiveness of educational programs and student outcomes for students residing in residential facilities in accordance with Texas Administrative Code (TAC) §97.1072. RFT data is also used to support improved student performance and LEA compliance with federal and state special education requirements for a unique and vulnerable population of students who often have limited access to family members who can advocate for their educational needs.