Special Education in Nonpublic and Off-Campus Programs

The Individuals with Disabilities Education Act (IDEA) entitles a student with a disability to a free, appropriate public education in the least restrictive environment. When a student has educational needs that cannot be met in a public school setting, that student can be educated in a private school or facility, referred to as a nonpublic school, or in an off-campus program, at public expense. A student’s admission, review, and dismissal (ARD) committee must determine that the school district or charter school cannot provide the student with the special education instruction and related services necessary to meet the student’s unique needs for that student to be educated in a nonpublic school or off-campus program.

The Local Education Agency is responsible for ensuring students placed in or referred to nonpublic schools are provided with special education and related services that meet federal and state special education program requirements under 19 Texas Administrative Code §89.1092 (for nonpublic residential placements), and 19 TAC §89.1094 (for nonpublic day and off-campus placements). Placement in a nonpublic school or off-campus program is considered a more segregated educational environment than placement in a public school setting. Federal regulations and State Board of Education/Commissioner’s rules protect the rights of students in such placements. Nonpublic schools and off-campus programs that provide special education are monitored by TEA to ensure compliance with federal and state standards.

Nonpublic Summer Workshop

The Nonpublic Summer Workshop is a free, annual virtual workshop designed for LEA and ESC personnel who support students in nonpublic placements and/or students eligible for high cost funds. This year's workshop will take place on Wednesday, July 24th. For more information and to register for future communications about the event, please see the Nonpublic Summer Workshop flyer.

APEX Application in TEAL

For the 2023-2024 school year, the APEX application opened on September 1, 2023. Beginning-of-year submissions were due October 2, 2023.

LEA and ESC users are able to request access in TEAL for APEX (Application Program for Nonpublic and Off-Campus Placements, and High Cost Fund Application.) All Off-Campus/Nonpublic Day and Residential applications and High Cost Fund applications must be submitted through the APEX application in TEAL.

Nonpublic/Off-Campus Updates

Nonpublic/Off-Campus Updates is a resource designed to highlight guidance and best practices based on questions from the field and nonpublic monitoring findings. 

Program Guidance

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View 2023-2024 Program Guidance

Nonpublic/Off-Campus Facility Information

Application Resources

Nonpublic/Off-Campus Monitoring Resources

Nonpublic Restraint Reporting

Beginning in the 2021-2022 school year, restraints for students in nonpublic day and nonresidential settings should be reported as part of the LEA’s summer PEIMS submission. The new E1725 NON-MEMBERSHIPDISCIPLINE-RESTRAINT-INDICATOR-CODE captures restraint data for students in nonpublic day and residential placements (as well as any other students accessing special education services who are enrolled, not in membership.) Students in off-campus programs with instructional setting codes 91-98 will also continue to be reported as part of the summer PEIMS submission.


Contact Information