Special Education in Nonpublic 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 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 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 placements). Placement in a nonpublic school 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 that provide special education are monitored by TEA to ensure compliance with federal and state standards.

APEX Application in TEAL

For the 2024-2025 school year, the APEX application opens on September 3, 2024. Beginning-of-year submissions are due October 3, 2024.

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 Nonpublic Day and Residential applications and High Cost Fund applications must be submitted through the APEX application in TEAL.

Program Guidance

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Nonpublic Facility Information

Application Resources

Nonpublic Monitoring Resources

Nonpublic Restraint Reporting

Beginning in the 2021-2022 school year, restraints for students in nonpublic day and nonpublic residential settings should be reported as part of the LEA’s summer PEIMS submission. The 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.) 

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