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).
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 LEA 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.
