Special Education in Nonpublic and Off-Campus Programs

The Individuals with Disabilities Act 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 ARD committee identifies a nonpublic school or off-campus program that will provide the student an appropriate educational program.

TEA will ensure that 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 34 Code of Federal Regulations §300.146,19 Texas Administrative Code §89.61 (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.
The nonpublic school or off-campus program’s education program must be approved by the commissioner of education, if a nonpublic day or residential school will provide any of the special education and related services listed in the student’s individualized education program. Nonpublic schools and off-campus programs that provide special education are monitored by TEA to ensure compliance with federal and state standards. 

The nonpublic school review process is not required for a private school or facility that provides only related services or whose special education instructional program is provided by an accredited Texas school district or charter school. The school district is responsible for making sure appropriate educational services are provided to the student.

New! 2020-2021 Nonpublic Restraint Reporting

For the 2020-2021 school year, use the Nonpublic Restraint Reporting workbook for summer submission of restraint data for students in nonpublic day and residential settings (instructional setting codes 50 and 60.) This workbook is due 8/26/2021 and should include data for restraints occurring from 8/1/2020-7/31/2021. To report zero instances of restraint for nonpublic day and residential students, please complete the cover sheet with demographic information, leave the reporting sheet blank, and submit. Note: restraints for students in off-campus programs with instructional settings other than 50 or 60 can be reported via TSDS as part of the LEA's summer data submission. 

Nonpublic Restraint Reporting Workbook

Secure Submission for Nonpublic Restraint Reporting Workbook

Save the Date! Summer Nonpublic Workshop

ESC and LEA personnel involved in nonpublic and high cost fund applications and monitoring are invited to join the TEA Nonpublic Team for the Summer Nonpublic Workshop on Thursday, July 22, 2021.

Please sign up if you would like to receive future communication about this event.

Nonpublic/Off-Campus Quarterly Updates

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

Program Guidance




Nonpublic/Off-Campus Facility Information

Application Resources

Nonpublic/Off-Campus Monitoring Resources

TEAL Application Guidance


Contact Information

 ESC Special Education Contacts

TEA Nonpublic Team



TEA Grants Administration Division