1. Nonpublic Day and Residential Placements
Brief Overview of notification and application

2. Facts about Nonpublic School Placements
A nonpublic school placement is the placement of a student by a district, at district cost, into a private setting to receive special education and related services that the district is unable to provide for the student while still providing a free appropriate public education (FAPE).
Day
Residential

3. Facts about Nonpublic School Placements
The Agency must approve the educational program of all sites that districts choose to place students to ensure that each meet both federal and state special education program requirements.
The legal responsibility for providing appropriate education services to a student remains with the sending district.
All service providers at the nonpublic school must be appropriately certified and/or licensed.
Before entering into a contract with a facility, an ARD committee must be convened to develop an IEP for the student.
A representative of the nonpublic school must participate in the meeting.

4. Noneducational Community-Based Support Services
Districts should coordinate with the Local Intellectual Disability Authority, Mental Health Authority, Community Resource Group, or group of people knowledgeable about the student to determine whether noneducational support services are available that would enable the student to remain in or return to the community.
Texas Education Code §29.013

5. Nonpublic Facilities
Facilities must maintain current and valid licensure by the Texas Department of Aging and Disability Services (DADS), Texas Department of Family and Protective Services (DFPS), or Department of State Health Services (DSHS) for the particular disabling condition and age of the student. 19 TAC 89.61(a)(1)
A district may contract with a facility to provide some or all of the special education services listed in the student’s individualized education program (IEP). If contracted to provide educational services, the facility must be approved by the commissioner of education TAC 89.61(a)(2)
Facilities which provide educational services must have their educational programs approved for contracting purposes by the commissioner of education. 19 TAC 89.61(c)
Nonpublic Schools for Students with Disabilities Approved for Contracting Purposes
The district shall make an initial and an annual on-site visit to verify that the facility can, and will, provide the services listed in the student’s IEP which the facility has agreed to provide TAC 89.61(a)(4)(E)
Approved Facilities list is found on the TEA website at

6. ARD Meeting Consider all options and lesser restrictive placements.
Before the district places a student in, or refers a student to, a facility, the district shall conduct an ARD committee meeting in accordance with state and federal requirements. 19 TAC 89.61(a)(4)
Consider all options and lesser restrictive placements.
List the services which the district is unable to provide and which the facility will provide.
Document the appropriateness of the facility for the student
Establish, in writing, criteria, and estimated timelines for the student’s return to the district (reintegration plan). If it is not an initial placement, the committee should review and document the student’s progress on the goals/objectives for return to the district.
Verify/document
nonpublic day/residential placement is needed
the educational program provided at the facility is appropriate
the placement is the least restrictive environment
IEP must contain specific goals/objectives addressing the services (academic, related services, behavior therapy, etc.) for which funding is requested.
Note: General screening by an ESC is not sufficient for appropriateness of a facility for a student. The ESC screening practice was common many years ago and should not be occurring any longer as a replacement for determining the appropriateness of the facility for the student.

7. Nonpublic Submission Checklist
Checklist can be accessed on the TEA Nonpublic Day and Residential Guidance webpage:
ices/Nonpublic_Day_and_Residential_Guidance/
Contract
LEA signature and date
Nonpublic facility signature and date
List of services with cost analysis of all services provided by the residential facility (Residential Only)
Date range and number of days for student placement
IEP Documentation
Services which the LEA is unable to provide and which the facility will provide [19 TAC §89.61(a)(4)(B)]
Reintegration plan, including criteria and estimated timelines [19 TAC §89.61(a)(4)(C)]
The appropriateness of the facility [19 TAC §89.61(a)(4)(D)]
Justification of student’s need for nonpublic placement, and the facility’s educational program is appropriate
[19 TAC §89.61(a)(4)(F)]
Nonpublic placement is appropriate and the least restrictive placement (LRE) [34 CFR § ]
Lesser restrictive placements attempted prior to nonpublic placement [19 TAC §89.61(b)(1)(D)]
A representative of the facility attended the ARD meeting (in person or by phone) [34 CFR (a)(2)]
Instructional setting is documented as 50 or 60 [Student Attendance Accounting Handbook]
Nonpublic Submission Checklist can be found on the TEA website at

8. Notification and Application
Identified district contact should apply for TEASE access to the Nonpublic/High Cost Funds online application to gain access for notification and application:
ecure_Applications_Information/
School districts must notify TEA of its intent to contract and of any changes within the school year with that contract with a nonpublic facility through the secure TEASE Nonpublic/High Cost Funds online application.
Once TEA receives notice and application for which funding is requested, a review of the application and subsequent funding appropriations will occur.

9. Timeline for the 2016-2017 Application Process
Contracts no more than 365 days during the School Year
Effective Dates of Approved Applications
Application is received at TEA by December 1st
For placements prior to December 1, 2016 for the current school year
Application is received at TEA after December 1st
Date of placement if the application is received at the TEA within 30 school days of ARD decision; or
Date of TEA receipt if received more than 30 school days after the ARD decision
After Nonpublic/High Cost Funds application opens, districts can start submitting applications and not have to wait. Residential funding will be processed as the applications come in.

10. NP/HCF Landing Page

11. Reporting requirements
Nonpublic Day
Reporting requirements

12. Student Attendance and Accounting Handbook: Nonpublic Day School Placements
Code 60 - Nonpublic Day School
This instructional setting code is used for a student who is provided special education and related services through a contractual agreement with an approved nonpublic day school. A student is placed in a nonpublic day school through the ARD committee process. This instructional setting code does not generate ADA or contact hours. A nonpublic day school student should be reported with an ADA eligibility code of 0 - Enrolled, Not in Membership.

13. NP Day Student Demographics
Enter County-District Number (CDN) – info populates

14. Adding Student
Entering the student ID and clicking the ID Search button will match against PEIMS demographic information and auto populate certain student information.

15. Documents Upload
Required documents must be uploaded before accessing the funding application link to complete the notice and application. The facility contract (or if for new and not yet approved facility, an intent to contract), the IEP, and the checklist must be uploaded.

16. Facility Input
The facility input page requires districts to choose from the dropdown box containing the approved facility list. For not yet approved facility input, see next slide.

17. Not yet approved facility
Initial Approval Process
District Initial Request for Approval of a Nonpublic School
If a district intends to contract with a nonpublic school that is not currently approved by the TEA, the district must notify the agency in writing of its intent to place a student in the nonpublic school and request that the nonpublic school is reviewed for approval.
To begin the initial approval process, the district must submit the following documents to the TEA to begin the approval process:
A completed District Assurance Checklist for Contracting with a Nonpublic School;
A copy of the student’s ARD/IEP (that includes the information described above in the General Overview section); and,
A letter of intent to contract with the nonpublic school signed by the district’s superintendent.
Step 1. Initial Visit to the Nonpublic School
The district must visit the nonpublic school and complete the Checklist for Contracting with a Nonpublic School to ensure that the facility meets health and safety standards, employs appropriately certified or licensed staff to provide appropriate services to students, and has a written curriculum that includes the Texas Essential Knowledge and Skills and is appropriate for the placement of students.
Step 2. Student’s ARD/IEP Documentation
The district must convene a meeting of the ARD committee meeting for the each identified student with which nonpublic school placement is being sought to develop an IEP that meets federal and state requirements. The IEP must include all special education and related services that the district cannot provide and that the nonpublic school can provide, and the date and criteria for returning the student to the district.
Step 3. Complete the Letter of Intent to Contract
The district’s superintendent will submit a letter of intent to contract with the nonpublic school that includes the following information in the letter:
Name of the nonpublic school;
Nonpublic school director’s name and contact number and address;
Specific program location(s);
Date for which approval is requested;
Specific area(s) of disability for which approval is requested;
Age range(s) for which approval is requested;
Type of placement requested (day or residential); and
The superintendent’s signature.

18. Contract dates, assurances, and certify/submit
Contract dates must be entered and match the uploaded contract. The estimate of education services will auto calculate based on the contract dates. Districts must then view and accept the statement of assurances and certification before clicking the certify and submit button.

19. Nonpublic Day School Programs Report SPE-106
The agency provides funds to districts for the educational costs for students with disabilities who are referred to nonpublic day schools by the district (19 TAC §89.63(e)): For nonpublic day school placements, the school district or shared service arrangement shall submit information to the TEA indicating the students' identification numbers, initial dates of placement, and the names of the facilities with which the school district or shared service arrangement is contracting. The school district or shared service arrangement shall not count contract students' average daily attendance as eligible. The TEA shall determine the number of contract students reported in full-time equivalents and pay state funds to the district according to the formula prescribed in law.
The Nonpublic/High Cost Funds TEASE application will collect this information, eliminating the submission of a SPE-106 Spreadsheet. Funding information from day placement submissions will be reported to School Finance, who will release funds to the districts.

20. Funding Information Source/Report (formerly SPE-106)
Funds are based on the number of full-time equivalent (FTE) students reported through the online data submission. FTEs are multiplied by an instructional weight of 1.7 as required by statute (TEC §42.151).  Funds are distributed in the district’s regular Foundation School Program payments. When reporting student attendance information through the Public Education Information Management System (PEIMS) contract students cannot be counted for average daily attendance (ADA) or contact hours and should be coded as enrolled but not in membership (ADA eligibility code Ø) with an instructional setting code of 60. 
Information will be taken from the NP/HCF TEASE application in early June and submitted to School Finance for disbursement of funds.
Funding allocations will still be made at the close of school year.

21. Nonpublic Residential
Reporting Requirements and funding application

22. 4.7.15 Code 50 – Residential Nonpublic School
Student Attendance and Accounting Handbook: Residential Nonpublic School Placements
Code 50 – Residential Nonpublic School
This instructional setting code is used for a student who is provided special education and related services through a contractual agreement with an approved residential nonpublic school.138 A student is placed in a residential nonpublic school through the ARD committee process. This instructional setting code does not generate ADA or contact hours. A residential nonpublic school student should be reported with an ADA eligibility code of 0 - Enrolled, Not in Membership.

23. NP Residential Student Demographics
Identical to the NP Day instruction, the district will begin by inputting the CDN and proceeding to the student information.

24. Student input and documents upload
Student demographics should be completed. Required documents must be uploaded before accessing the funding application link to complete the notice and application. The facility contract (or if for new and not yet approved facility, an intent to contract), the IEP, and the checklist must be uploaded.

25. Facility input
The facility input page requires districts to choose from the dropdown box containing the approved facility list. For not yet approved facility input, see slide # 17. Once facility is chosen additionally, the district must indicate the type of authority and who is providing the services.

26. Funding input Grey boxes will auto-populate
Dropdowns will provide options; notify TEA know if any service/service type needs to be added
Screen is critical for funding; notify TEA if something is wrong on the screen
Note: after expending any available funds, the district must expend its local tax share per average daily attendance and 25% of its IDEA-B formula tentative entitlement for related services and residential costs. If this is not sufficient to cover all costs of the residential placement, the district through the residential application process may receive additional IDEA-B discretionary funds to pay the balance of the residential contract placement(s) costs [19 TAC §89.61(b)(2)(B)]
Note: current residential care rate for is $ set by the Texas Department of Family and Protective Services [19 TAC §89.61(b)(2)(C)]

27. Application Approval
A residential application may be approved for educational purposes only.
The application shall not be approved if the application indicates that the:
placement is due primarily to the student’s medical problems
placement is due primarily to problems in the student’s home
district does not have a plan, including timelines and criteria, for the student’s return to the local school program
district did not attempt to implement lesser restrictive placements prior to residential placement (except in emergency situations as documented by the ARD committee)
placement is not cost effective when compared with other alternative placements
residential facility provides unfundable/unapprovable services
19 TAC 89.61(b)(1)

28. Amendments to Nonpublic Application
When do I amend?
Change of placement
Change of services
What do I submit?
IEP
Application
Contract
Cost Analysis
What is the timeline?
Within 45 school days of the date of the ARD and/or prior to the application close date
Amends can take place when student is in “Final” status

29. Federal Regulations 34 CFR §300.103 FAPE---Methods and Payments
34 CFR § Residential Placement
34 CFR § Responsibility of SEA
34 CFR § Implementation of SEA
34 CFR § Private school placements by public agencies
34 CFR § Responsibility of SEA and other public agencies

30. State Regulations
TEC § Contracts for services; residential placement
TEC § Special Education
19 TAC §89.61 Contracting for residential educational placements for students with disabilities
19 TAC §89.63 Instructional Arrangements and Settings
19 TAC § The Admission, Review, and Dismissal Committee
19 TAC § General Program Requirements and Local District Procedures

31. Division of IDEA Support Division of SCHOOL IMPROVEMENT
Approve funding and track nonpublic day and residential placements Review TEASE NP/HCF applications, IEPs, and other required documents
Approval and re-approval of nonpublic school