Special Education in Day and Residential Programs

staff member assisting student with ipad in classroom

A local education agency (LEA) may contract for a day or residential placement when a student’s admission, review, and dismissal (ARD) committee determines that placement is necessary for the student to receive a free appropriate public education (FAPE).

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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 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 day or residential program.

The Local Education Agency is responsible for ensuring students placed in or referred to day or residential programs 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 educational residential placements), and 19 TAC §89.1094 (for day placements). Placement in a day or residential 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. Day and residential programs that provide special education are monitored by TEA to ensure compliance with federal and state standards.

Announcements and Updates

New - Funding for Day Placement Programs

Begiinning with the 2026-2027 school year, House Bill 2 (HB 2), passed by the 89th Texas Legislature, authorized TEA to award funds to qualifying day placement programs or day placement cooperatives. Additional information can be found in the To the Administator Addressed Correspondance dated September 18, 2025. Additional information and guidance will be posted as it becomes available.

Contact DayProgramFunding@tea.texas.gov if you have questions or wish to discuss this funding program.

Apex Applications

The 2025-2026 APEX application opened for beginning-of-year submissions on 9/2/2025. The beginning-of-year submission deadline (for continuing placements, summer placements, and beginning-of-year placements) was 10/3/2025. All other APEX applications are due within 30 days of student placement/change of placement.